HomeMy WebLinkAbout10 06 2023 Revised Planning Commission Packet
YELM PLANNING COMMISSION MINUTES
AUGUST 21, 2023 –4:00 PM
YELM CITY HALL
Carlos Perez called the meeting to order at 4:00 pm.
Members present:Carlos Perez, John Graver, Richard Lomsdale, Anne Wahrmund, Jerry Fugich,
and John Thomson.
Members Absent: Bob Howard (excused)
Staff: Cody Colt, Gary Cooper, Maryam Moeinian, and Hazel Hooker.
Approval of Minutes:
MOTION BY JOHN THOMSON, SECONDED BY JOHN GRAVER TO APPROVE THE JUNE 20, 2023
MINUTES AS AMENDED.
City Staff Communications: Gary Cooper, Planning and Building Manager, gave an updateon
staffas well as an update on the status of the comprehensive plan.
Public Comment:
None.
New Business:
Gary Cooper, Planning and Building Manager, makes a request for Glenn Schorno’s property to
be rezoned from R4 to R6 when the new annexation takes place.
AFTER DISCUSSION AND AMENDMENT THE FOLLOWING WAS APPROVED, INCLUDE BETTY J
ALEXANDER PROPERTY AND CYNTHIA LYNN PROPERTY IN THE REZONE OF GLENN SCHORNO’S
PROPERTY. MOTION BY JERRY FUGICH AND SECONDED BY JOHN GRAVER. ALL WERE IN FAVOR.
Public Hearing
Carlos Perez opened the public hearing at 4:16 pm.
Robert Sternoff spoke on the proposed text amendment to allow 55+ living community on his
property.
Staff added comment that the proposed text amendment was noticed in the newspaper, on
our website and in public places.
Carlos Perez closed the public hearing at 4:22 pm.
AFTER DISCUSSION, MOTION BY JERRY FUGICH AND SECONDED BY JOHN THOMSON TO ADD
ITEM I UNDER SECTION 18.39.030 TO ALLOW SENIOR 55 YEARS AND OLDER RENTAL HOUSING
COMMUNITIES AND CHANGE THE OLD ITEM I TO ITEM J. ALL WERE IN FAVOR.
Subcommittee Reports:
Arts Commission: John Graver gave an update the on surveys.
Parks Committee: Anne Wahrmund gave updates on the Prairie Trail Extension.
Adjourn: MOTION BY JERRY FUGICH, SECONDED BY JOHN GRAVER TO ADJOURN THE MEETING.
ALL WERE IN FAVOR. MEETING WAS ADJOURNED AT 4:32 PM.
Respectfully submitted,
Hazel Hooker, Public Services Administrative Assistant
September 27, 2023
To: City of Yelm Planning Commission
From: Gary Cooper, Planning & Building Manager
Subject: Craig Deaver Rezone Request for parcel 52920000003
The City has received a rezone request from Mr. Craig Deaver to rezone the parcel located at 15106
Carter Loop Road SE from C-1 Commercial to R-6 Moderate Density Residential.
SUMMARY AND ANALYSIS
The parcel currently has a one vacant structure. City water, sewer, and other utilities are available from
Carter Loop SE, which also provides access to the site.
The parcel lies within the Yelm Urban Growth Area and is bordered by single family homes and SR 507.
The parcel is currently zoned Commercial 1, and adjacent zoning is residential.(R4). The neighborhood is
immediately adjacent to Ridgeline Middle School and Mill Pond Elementary School. The nearest
Commercial I zone is .39 miles northeast of the subject site. The site is located in an area where the
infrastructure is in place and can support the proposed development. This includes roads and utilities
which are located in Carter Loop Road SE.
LOGICAL ZONING BOUNDARIES
If rezoned, the location and boundary of the parcel will keep a consistent and logical boundary between
residential zones.
CONSTRAINTS/ENVIRONMENTAL ISSUES
There no known wetlands, flood zones, or high ground water flooding on the site. The site does contain
soils "more preferred" for the protected Mazama Pocket Gopher, so a pocket gopher survey and report
would need to be completed before future development could occur.
BACKGROUND
Originally designated as Tract D of the Hawks Landing Plat recorded March 5,2003. (SUB-03-8333-YL),
the parcel was intended for "Future Commercial use, however; notes on the face of the recorded map
regarding Tract D have been lined out and initialed by the original owner. There are no details regarding
Tract D in the Staff Report or why the note was lined out on the recorded final plat.
Page 1 of 4
REVIEW AND APPROVAL CRITERIA
Rezones require a Comprehensive Plan amendment which must conform with the requirements of the
Washington State Growth Management Act, Chapter 36.70A RCW, and all amendments for permanent
changes to the comprehensive plan must be submitted to the Washington State Department of
Commerce, pursuant to RCW 36.70A.106.
The rezone must be consistent with the goals of the Washington State Growth Management Act and the
goals and policies of the City of Yelm Comprehensive Plan.
The amendment must meet the goals of the Washington State Growth Management Act as follows:
(1) Urban growth. Encourage development in urban areas where adequate public facilities and
services exist or can be provided in an efficient manner.
Utilities including sewer and water are located within the property frontage. The
property is close to services including gas stations, restaurants, and other retail.
Elementary, middle and high schools are close by. The proposed amendment would
provide more housing in close proximity to services and jobs.
(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low -
density development.
The proposed rezone would be consistent with the goal as it would allow for higher
density residential uses in close proximity to jobs and services. The requested R-6
residential land use designation allows up to six dwellings per acre.
(3) Transportation. Encourage efficient multimodal transportation systems that are based on
regional priorities and coordinated with county and city comprehensive plans.
Yelm Avenue West (SR 507) and Carter Loop Road SE are constructed to City standards,
which include public sidewalks and transit services.
(4) Housing. Encourage the availability of affordable housing to all economic segments of the
population of this state, promote a variety of residential densities and housing types, and
encourage preservation of existing housing stock.
The R-6 zone allows for single and multifamily development, and would allow for a
variety of housing types in the City.
(5) Economic development. Encourage economic development throughout the state that is
consistent with adopted comprehensive plans, promote economic opportunity for all citizens of
this state, especially for unemployed and for disadvantaged persons, promote the retention and
expansion of existing businesses and recruitment of new businesses, recognize regional
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differences impacting economic development opportunities, and encourage growth in areas
experiencing insufficient economic growth, all within the capacities of the state' s natural
resources, public services, and public facilities.
The proposed rezone would convert this parcel from commercial to residential. While
the R-6 does not allow commercial uses, providing more housing options near the Citys
commercial center will likely create more business for the downtown area.
(6) Property rights. Private property shall not be taken for public use without just compensation
having been made. The property rights of landowners shall be protected from arbitrary and
discriminatory actions.
The proposal does not require any taking of private property.
The proposed rezone should be evaluated for internal consistency with the comprehensive plan, and for
consistency with the county -wide planning policies, related plans, and the comprehensive plan of
Thurston County.
The applicable goals of the Land Use Element of the Comprehensive Plan are as follows:
include 5.2 Adopt development standards that allow duplexes, townhouses, and accessory
dwelling units within residential areas to increase the variety of housing in the community.
use patterns that provide most neighborhood residents an array of basic services within a half
mile or 20-minute walk from home.
The Housing element of the Comprehensive Plan encourages a variety of housing types and a
range of affordable housing, with additional goals to provide energy efficient housing.
The proposed Residential zoning allows for, and encourages a variety of housing types.
The location near commercial areas provides for basic services within a half-mile. The
amendment would allow for residential uses, close to services, which is consistent with
this goal.
The proposed amendment area is close to a commercial center, and medical facilities,
restaurant, and childcare. Nearby is more convenience retail such as gas stations and
fast food facilities.
CONCLUSION & RECOMMENDATION
After careful evaluation, staff find the proposed rezone is con
and recommend that the Planning Commission send the proposal to the City Council with the following
motion:
Page 3 of 4
rezone of the property located at 15106 Carter Loop SE from Commercial (C-1) to Moderate
Density Residential ((R-
Page 4 of 4
CHAPTER 18.19
FLOOD DAMAGE PREVENTION
Sections:
18.19.010Authorization, Findings of Fact, Purpose, and Objectives
18.19.020General Provisions
18.19.030Administration
18.19.040Provisions for Flood Hazard Reduction
18.19.050Variances
18.19.010 Authorization, Findings of Fact, Purpose, and Objectives.
A.Statutory Authorization. The Legislature of the State of Washington has delegated the
responsibility to local communities to adopt floodplain management regulations
designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Yelm, does ordain as follows:
B.Findings of Fact. The flood hazard areas of The City of Yelm are subject to periodic
inundation, which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
These flood losses may be caused by the cumulative effect of obstructions in areas of
special flood hazards that increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately floodproofed,
elevated, or otherwise protected from flood damage also contribute to the flood loss.
C.Statement of Purpose. It is the purpose of this ordinance 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:
1.Protect human life and health;
2.Minimize expenditure of public money for costly flood control projects;
3.Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
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4.Minimize prolonged business interruptions;
5.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;
6.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;
7.Notify potential buyers that the property is in a Special Flood Hazard Area;
8.Notify those who occupy flood hazard areas that they assume responsibility for
their actions; and
9.Participate in and maintain eligibility for flood insurance and disaster relief.
D.Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance
includes methods and provisions for:
1.Restricting or prohibiting development that is dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases
in erosion or in flood heights or velocities;
2.Requiring that development vulnerable to floods be protected against flood
damage at the time of initial construction;
3.Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
4.Controlling filling, grading, dredging, and other development, which may increase
flood damage; and
5.Preventing or regulating the construction of flood barriers that unnaturally divert
floodwaters or may increase flood hazards in other areas.
18.19.020 General Provisions.
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A.Lands to Which This Ordinance Applies. This ordinance shall apply to all special flood hazard
areas within the boundaries of the City of Yelm.
B.Basis for Establishing the Areas of Special Flood Hazard. The special flood hazard areas
identified by the Federal Insurance Administrator in a scientific and engineering report
entitled “The Flood Insurance Study (FIS) for Thurston County, WA and Incorporated
Areas” dated October 19, 2023, and any revisions thereto, with accompanying Flood
Insurance Rate Maps (FIRMs) dated October 19, 2023, and any revisions thereto, are
hereby adopted by reference and declared to be a part of this ordinance. The FIS and the
FIRM are on file with the city clerk. The best available information for flood hazard area
identification as outlined in YMC 18.19.030(C)(2) shall be the basis for regulation until a
new FIRM is issued that incorporates data utilized under YMC 18.19.030(C)(2).
C.Compliance. All development within special flood hazard areas is subject to the terms of
this ordinance and other applicable regulations.
D.Penalties for Noncompliance. No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations. Violations of the provisions of this ordinance
by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions), shall constitute a misdemeanor.
Any person who violates this ordinance or fails to comply with any of its requirements
shall upon conviction thereof be punished by imprisonment in jail for a term of up to 90
days, or by a fine of up to $1,000, or both, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the City of Yelm from taking
such other lawful action as is necessary to prevent or remedy any violation.
E.Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where this
ordinance and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
F.Severability. This ordinance and the various parts thereof are hereby declared to be
severable. Should any provision of this ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a
whole, or any portion thereof other than the provision so declared to be unconstitutional
or invalid.
18.19.030 Administration.
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A.Establishment of Land Use Application
1.Land Use Application Required. A completed Land Use Application shall be
submitted and all applicable permits shall be obtained before construction or
development begins within any area of special flood hazard established in YMC
18.19.020(B). The permit shall be for all structures including manufactured
homes, as set forth in Chapter 18.02 YMC Definitions, and for all development
including fill and other activities, also as set forth in Chapter 18.02 YMC.
2.Land Use Application. An application for land use shall be made on forms
furnished by the City and may include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, fill, storage of materials,
drainage facilities, and the location of the foregoing. Where development is
proposed in or adjacent to a Special Flood Hazard Area, the following additional
information is required:
a.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.
b.Elevation in relation to mean sea level to which any structure has been
floodproofed;
c.Where a structure is to be floodproofed, certification by a registered
professional engineer or architect that the floodproofing methods for any
nonresidential structure meet floodproofing criteria in YMC 18.19.00(B)(2);
d.Description of the extent to which a watercourse will be altered or relocated
as a result of proposed development;
e.Where development is proposed in a floodway, an engineering analysis
indication no rise of the Base Flood Elevation, and
f.Any other such information that may be reasonably required by the
Floodplain Administrator in order to review the application.
B.Designation of the Floodplain Administrator. The City Engineer is hereby appointed to
administer, implement, and enforce this ordinance by granting or denying land use
permits in accordance with its provisions. The Floodplain Administrator may delegate
authority to implement these provisions.
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C.Duties & Responsibilities of the Floodplain Administrator. Duties of the Floodplain
Administrator shall include, but not be limited to:
1.Permit Review. Review all land use permits to determine that:
a.The permit requirements of this ordinance have been satisfied;
b.All other required state and federal permits have been obtained;
c.The site is reasonably safe from flooding;
d.The proposed development is not located in the floodway. If located in the
floodway, assure the encroachment provisions of YMC 18.19.040 D.1 are met;
e.Notify FEMA when annexations occur in the Special Flood Hazard Area.
2.Use of Other Base Flood Data (In A Zones). When base flood elevation data has not
been provided (in A zones) in accordance with YMC 18.19.020 B, Basis for Establishing
the Areas of Special Flood Hazard, 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 YMC 18.19.040(B), Specific
Standards, and YMC 18.19.040(D), Floodways.
3.Information to be Obtained and Maintained.
a.Where base flood elevation data is provided through the FIS, FIRM, or
required as in YMC 18.19.030(C)(2), obtain and maintain a record of the actual
(as-built) elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures, and whether or not
the structure contains a basement.
b.For all new or substantially improved floodproofed nonresidential structures
where base flood elevation data is provided through the FIS, FIRM, or as
required in YMC 18.19.030(C)(2):
i.Obtain and maintain a record of the elevation (in relation to mean sea
level) to which the structure was floodproofed.
ii.Maintain the floodproofing certifications required in YMC
18.19.030(A)(2)(c)
4.Certification required by YMC 18.19.040(D)(1)
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5.Records of all variance actions, including justification for their issuance.
6.Improvement and damage calculations.
7.Maintain for public inspection all records pertaining to the provisions of this
ordinance.
D.Alteration of Watercourse. Whenever a watercourse is to be altered or relocated:
1.Notify adjacent communities and the Department of Ecology prior to such alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administrator through appropriate notification means.
2.Assure that the flood carrying capacity of the altered or relocated portion of said
watercourse is maintained.
E.Review of Building Permits. Where elevation data is not available either through the FIS,
FIRM, or from another authoritative source YMC (18.19.030(C)(2)), applications for
floodplain development shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a local judgment and
includes use of historical data, high water marks, photographs of past flooding, etc.,
where available.
F.Changes to Special Flood Hazard Area. If a project will alter the BFE or boundaries of the
SFHA, then the project proponent shall provide the community with engineering
documentation and analysis regarding the proposed change. If the change to the BFE or
boundaries of the SFHA would normally require a Conditional Letter of Map Change and/or
a Letter of Map Change, then the project approval shall be conditioned accordingly.
18.19.040 Provisions for Flood Hazard Reduction.
A.General Standards. In all areas of special flood hazards, the following standards are
required:
1.Anchoring
a.All new construction and substantial improvements, including those related to
manufactured homes, shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads
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including the effects of buoyancy.
b.All manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. For more detailed
information, refer to guidebook, FEMA-85, “Manufactured Home Installation in
Flood Hazard Areas.”
2.Construction Materials and Methods
a.All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
b.All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
c.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.
3.Storage of Materials and Equipment
a.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 (recommended).
b.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.
4.Utilities
a.All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems;
b.Water wells shall be located on high ground that is not in the floodway (WAC 173-
160-171);
c.New and replacement sanitary sewage systems shall be designed to minimize or
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eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters;
d.Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
5.Development and Subdivision Proposals. All development, including subdivisions,
shall:
a.Be consistent with the need to minimize flood damage;
b.Have public utilities and facilities, such as sewer, gas, electrical, and water
systems located and constructed to minimize or eliminate flood damage;
c.Have adequate drainage provided to reduce exposure to flood damage.
d.Where subdivision proposals and other proposed developments contain greater
than 50 lots or 5 acres (whichever is the lesser) base flood elevation data shall be
included as part of the application.
B.Specific Standards. In all areas of special flood hazards where base flood elevation data
has been provided as set forth in YMC 18.19.020(B), Basis for Establishing the Areas of
Special Flood Hazard, or YMC 18.19.030(C)(2), Use of Other Base Flood Data, the
following provisions are required:
1.Residential Construction
a.In AE 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 BFE. Mechanical equipment and utilities shall be
waterproof or elevated least one foot above the BFE.
b.New construction and substantial improvement of any residential structure in an
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.
c.Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters. Designs must
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meet or exceed the following minimum criteria:
i.Have a minimum of two openings with a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding.
ii.The bottom of all openings shall be no higher than one foot above grade.
iii.Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwater.
iv.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 flood waters.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
2.Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall meet the requirements
of provisions (a) or (b) below.
a.New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall meet all of the following requirements:
i.In AE 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 least one foot above the BFE, or as required by ASCE 24, whichever
is greater.
ii.If located in an 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.
iii.Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall meet the requirements of YMC 18.19.030(C)(3)(b).
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b.If the requirements of provision (a) above are not met, then new construction
and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following requirements:
i.Be dry floodproofed 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 floodproofed to the elevation required by ASCE 24,
whichever is greater;
ii.Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
iii.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 Floodplain
Administrator as set forth in YMC 18.19.030(C)(1)(c).
3.Manufactured Homes
a.All 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 and non-flood proofed utilities serving 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.
b.Manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision that are not subject to the
above manufactured home provisions shall be elevated so that either:
i.The lowest floor of the manufactured home is elevated one foot or more
above the base flood elevation, or
ii.The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
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4.Recreational Vehicles. Recreational vehicles placed on sites are required to either:
a.Be on the site for fewer than 180 consecutive days, or
b.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
c.Meet the requirements of YMC 18.19.040(B)(3) above.
5.Enclosed Area 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.
6.Detached Accessory Structures (Detached Garages & Small Storage Structures)
a.Detached accessory 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:
i.In special flood hazard areas, the structure is not larger than a one-story
two-car garage;
ii.The portions of the structure located below the BFE must be built using
flood resistant materials;
iii.The structure must be adequately anchored to prevent flotation, collapse,
and lateral movement;
iv.Any machinery or equipment servicing the structure must be elevated or
floodproofed to or above the BFE;
v.The structure must comply with floodway encroachment provisions in
YMC 18.19.040(D)(1);
vi.The structure must be designed to allow for the automatic entry and exit
of flood waters in accordance with YMC 18.19.040(B)(1);
vii.The structure shall have low damage potential;
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viii.If the structure is converted to another use, it must be brought into full
compliance with the standards governing such use; and
ix.The structure shall not be used for human habitation.
b.Detached garages, storage structures, and other appurtenant structures not
meeting the above standards must be constructed in accordance with all
applicable standards in YMC 18.19.040(B)(1).
c.Upon completion of the structure, certification that the requirements of this
section have been satisfied shall be provided to the Floodplain Administrator
for verification.
7.Agricultural Structures Damaged by Flooding. Agricultural structures that are
substantially damaged by flooding and agricultural structures that are repetitive loss
structures are permitted to be repaired or restored to pre-damage condition,
provided the following are satisfied:
a.If substantially damaged, the substantial damage determination is based only
on the cost to repair damage caused by flooding to pre-damage conditions.
b.The proposed repair or restoration does not change the size of the structure
and does not significantly alter the nature of the building. With the exception
of costs associated with wet floodproofing in accordance with paragraph (e)
below, proposals that include work beyond or in addition to that necessary to
repair or restore the structure to pre-damage condition must be regulated as
substantial improvements.
c.The repaired or restored structure will continue to be an agricultural
structure, as defined in these regulations.
d.Owners are notified, in writing, that agricultural structures approved under
this section:
i.Will not be eligible for disaster relief under any program administered by
the Federal Emergency Management Agency or any other Federal agency.
ii.Will have National Flood Insurance Program flood insurance policies rated
based on the structure’s risk.
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iii.May be denied National Flood Insurance Program flood insurance policies
if repairs do not include the wet floodproofing construction requirements
of paragraph (e) below.
e.Wet floodproofing construction requirements. When owners elect to wet
floodproof flood-damaged agricultural structures as part of repair or
restoration to pre-damage condition, the structure shall:
i.Be anchored to resist flotation, collapse, and lateral movement.
ii.Have flood damage-resistant materials below the base flood elevation.
iii.Have mechanical, electrical, and utility equipment elevated or
floodproofed to or above the BFE.
iv.In special flood hazard areas, have flood openings in compliance with the
requirements of YMC 18.19.040(B)(1).
C.AE Zone with Base Flood Elevations but No Floodways. In areas with BFEs (but a
regulatory floodway has not been designated), no new construction, substantial
improvements, or other development (including fill) shall be permitted within zone
AE on the 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.
D.Floodways. Located within areas of special flood hazard established in YMC
18.19.020(B) 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:
1.No Rise Standard. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development, unless certification by a
registered professional engineer is provided demonstrating through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice
that the proposed encroachment would not result in any increase in flood levels
during the occurrence of the base flood discharge.
2.Residential Construction in Floodways. Construction or reconstruction of
residential structures is prohibited within designated floodways, except for (i)
repairs, reconstruction, or improvements to a structure that do not increase the
13
ground floor area; and (ii) repairs, reconstruction, or improvements to a
structure, the cost of which does not exceed 50 percent of the market value of
the structure either, (A) before the repair or reconstruction is started, or (B) if the
structure has been damaged, and is being restored, before the damage occurred.
Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications that have been identified by
the local code enforcement official and that are the minimum necessary to assure
safe living conditions, or to structures identified as historic places, may be
excluded in the 50 percent.
a.Replacement of Farmhouses in Floodway. Repairs, reconstruction,
replacement, or improvements to existing farmhouse structures located in
designated floodways and that are located on lands designated as agricultural
lands of long-term commercial significance under RCW 36.70A.170 may be
permitted subject to the following:
i.The new farmhouse is a replacement for an existing farmhouse on the
same farm site;
ii.There is no potential building site for a replacement farmhouse on the
same farm outside the designated floodway;
iii.Repairs, reconstruction, or improvements to a farmhouse shall not
increase the total square footage of encroachment of the existing
farmhouse;
iv.A replacement farmhouse shall not exceed the total square footage of
encroachment of the farmhouse it is replacing;
v.A farmhouse being replaced shall be removed, in its entirety, including
foundation, from the floodway within ninety days after occupancy of a
new farmhouse;
vi.For substantial improvements and replacement farmhouses, the elevation
of the lowest floor of the improvement and farmhouse respectively,
including basement, is a minimum of one foot higher than the BFE;
vii.New and replacement water supply systems are designed to eliminate or
minimize infiltration of flood waters into the system;
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viii.New and replacement sanitary sewerage systems are designed and
located to eliminate or minimize infiltration of flood water into the system
and discharge from the system into the flood waters; and
ix.All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
b.Substantially Damaged Residences in Floodway
i.For all substantially damaged residential structures, other than
farmhouses, located in a designated floodway, the Floodplain
Administrator may make a written request that the Department of
Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood-
related erosion, channel migration, debris load potential, and flood
warning capability, the Department of Ecology may exercise best
professional judgment in recommending to the local permitting authority
repair, replacement, or relocation of a substantially damaged structure
consistent with WAC 173-158-076. The property owner shall be
responsible for submitting to the local government and the Department of
Ecology any information necessary to complete the assessment. Without a
favorable recommendation from the Department of Ecology for the repair
or replacement of a substantially damaged residential structure located in
the regulatory floodway, no repair or replacement is allowed per WAC
173-158-070(1).
ii.Before the repair, replacement, or reconstruction is started, all
requirements of the NFIP, the state requirements adopted pursuant to
86.16 RCW, and all applicable local regulations must be satisfied. In
addition, the following conditions must be met:
1)There is no potential safe building location for the replacement
residential structure on the same property outside the regulatory
floodway.
2)A replacement residential structure is a residential structure built as a
substitute for a legally existing residential structure of equivalent use
and size.
3)Repairs, reconstruction, or replacement of a residential structure shall
not increase the total square footage of floodway encroachment.
15
4)The elevation of the lowest floor of the substantially damaged or
replacement residential structure is a minimum of one foot higher
than the BFE.
5)New and replacement water supply systems are designed to eliminate
or minimize infiltration of flood water into the system.
6)New and replacement sanitary sewerage systems are designed and
located to eliminate or minimize infiltration of flood water into the
system and discharge from the system into the flood waters.
7)All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
3.All Other Building Standards Apply in the Floodway. If YMC 18.19.040(D)(1) is
satisfied or construction is allowed pursuant to YMC 18.19.040(D)(2), all new
construction and substantial improvements shall comply with all applicable flood
hazard reduction provisions of YMC 18.19.040, Provisions for Flood Hazard
Reduction.
E.General Requirements for Other Development. All development, including manmade
changes to improved or unimproved real estate for which specific provisions are not
specified in this ordinance or the state building codes with adopted amendments and
any City of Yelm amendments, shall:
1.Be located and constructed to minimize flood damage;
2.Meet the encroachment limitations of this ordinance if located in a regulatory
floodway;
3.Be anchored to prevent flotation, collapse, or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
4.Be constructed of flood damage-resistant materials;
5.Meet the flood opening requirements of YMC 18.19.040(B)(1), and
6.Have mechanical, plumbing, and electrical systems above the design flood
elevation or meet the requirements of ASCE 24, except that minimum electric
16
service required to address life safety and electric code requirements is permitted
below the design flood elevation provided it conforms to the provisions of the
electrical part of building code for wet locations.
18.19.050 Variances.
Variances from the floodplain management standards shall only be issued if meeting all of the
applicable criteria in 18.19.050(A) and (B) YMC below. Variances pertain to a piece of property
and are not personal in nature. A variance may be granted for a parcel of property with physical
characteristics so unusual that complying with the requirements of this ordinance would create
an exceptional hardship to the applicant or the surrounding property owners. The characteristics
must be unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
A.Requirements for Variances
1.General variances criteria:
a.Variances shall not be issued within any floodway if any increase in flood levels
during the base flood discharge would result;
b.Upon a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief;
c.Upon a showing of good and sufficient cause;
d.Upon a determination that failure to grant the variance would result in
exceptional hardship to the applicant;
e.Upon a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with
existing State laws or local ordinances;
2.Special Circumstances
a.Upon a showing that the use cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This includes only facilities
defined in Chapter 18.02 YMC of this ordinance in the definition of “Functionally
Dependent Use.” In order to approve a variance for a functionally dependent
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use, the criteria in YMC 18.19.050(A)(1) must be met.
b.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. In order to approve a variance for the repair, rehabilitation, or
restoration of a historic structure, the criteria in YMC 18.19.050(A)(1) must be
met.
c.Accessory structures and agricultural structures. A variance is authorized to be
issued for the construction or substantial improvement of accessory structures
and agricultural structures provided the requirements of this section and the
following are satisfied:
i.Accessory structures. A determination that the proposed accessory structure:
1)Represents minimal investment and has low damage potential (amount of
physical damage, contents damage, and loss of function).
2)Is not larger than the size limits specified in YMC 18.19.040(B)(6).
3)Complies with the wet floodproofing construction requirements of
subsection (iii) below.
ii.Agricultural structures. A determination that the proposed agricultural
structure:
1)Is used exclusively in connection with the production, harvesting, storage,
raising, or drying of agricultural commodities and livestock, or storage of
tools or equipment used in connection with these purposes or uses, and
will be restricted to such exclusive uses.
2)Has low damage potential (amount of physical damage, contents damage,
and loss of function).
3)Does not increase risks and pose a danger to public health, safety, and
welfare if flooded and contents are released, including but not limited to
the effects of flooding on manure storage, livestock confinement
operations, liquefied natural gas terminals, and production and storage of
highly volatile, toxic, or water-reactive materials.
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4)Complies with the wet floodproofing construction requirements of
subsection (iii) below.
iii.Wet floodproofing construction requirements. Wet floodproofed structures
shall:
1)Be anchored to resist flotation, collapse, and lateral movement.
2)Have flood damage-resistant materials below the base flood elevation
3)Have mechanical, electrical, and utility equipment elevated or
floodproofed to or above the BFE.
4)In special flood hazard areas other than coastal high hazard areas, have
flood openings in compliance with YMC 18.19.040(B)(1)(c).
3.Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the BFE, provided the
procedures of YMC 18.19.030 and 18.19.040 have been fully considered. As the lot
size increases beyond one-half acre, the technical justification required for issuing the
variance increases. In order to approve a variance pursuant to this subsection, the
criteria in YMC 18.19.050(A)(1) must be met.
B.Additional Variance Considerations. In considering variance applications, the City of Yelm
shall consider all technical evaluations, all relevant factors, all standards specified in other
sections of this ordinance, and:
1.The danger that materials may be swept onto other lands to the injury of others;
2.The danger to life and property due to flooding or erosion damage;
3.The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4.The importance of the services provided by the proposed facility to the community;
5.The necessity to the facility of a waterfront location, where applicable;
6.The availability of alternative locations for the proposed use that are not subject to
19
flooding or erosion damage;
7.The compatibility of the proposed use with existing and anticipated development;
8.The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9.The safety of access to the property in time of flood for ordinary and emergency
vehicles;
10.The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and,
11.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, reclaimed water system, drainage, and streets and bridges.
C.Flood Damage Prevention Appeal
1.Determination. The hearing examiner shall process an appeal as provided in YMC
18.14.110 considering the criteria below.
2.Criteria. The hearing examiner shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter.
a.The danger that materials may be swept onto other lands to the injury of others;
b.The danger to life and property due to flooding or erosion damage;
c.The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
d.The importance of the services provided by the proposed facility to the
community;
e.The necessity to the facility of a waterfront location, where applicable;
f.The availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
g.The compatibility of the proposed use with existing and anticipated development;
20
h.The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i.The safety of access to the property in times of flood for ordinary and emergency
vehicles;
j.The expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
and
k.The cost of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
3.Upon consideration of the criteria factors of this section and the purposes of this
chapter, the hearing examiner may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
4.The Floodplain Manager, as designated in YMC 18.19.030(B), shall maintain the
records of all appeal actions and report any variances to the National Flood Insurance
Program upon request. (Ord. 995 § 12 (Exh. A), 2015).
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Yelm Municipal Code Page 1/10
Chapter 18.02 DEFINITIONS
Chapter 18.02
DEFINITIONS
Sections:
18.02.010 Intent.
18.02.020 Use and interpretation generally.
18.02.030 Interpretation in case of conflicting definitions.
18.02.040 Specific definitions.
18.02.010Intent.
It is the intent of this chapter to promote consistency and precision in the interpretation of this title and to define
(and illustrate, where necessary) certain words, terms and phrases in the interest of reducing to a minimum the
misunderstanding which may occur in the absence of such definition. (Ord. 995 § 12 (Exh. A), 2015).
18.02.020Use and interpretation generally.
In addition to the definitions in this title, the definitions from the following documents are adopted by reference:
A. International Building Code and Chapter 51-50 WAC.
B. International Residential Code and Chapter 51-51 WAC.
C. International Mechanical Code and Chapter 51-52 WAC.
D. Uniform Plumbing Code and Chapter 51-56 WAC.
E. Washington State Energy Code and Chapters 51-11C and 51-11R WAC.
F. International Fire Code and Chapter 51-54A WAC.
G. State Subdivision Act, Chapter 58.17 RCW.
H. State Condominium Act, Chapter 64.34 RCW.
I. State Environmental Policy Act, Chapters 43.21C RCW and 197-11 WAC.
J. Growth Management Act, Chapter 36.70A RCW.
K. Local Project Review, Chapter 36.70B RCW.
L. Floodplain Management, Chapter 173-158 WAC.
Words not defined in this title, the documents adopted by reference, the Yelm Municipal Code (YMC), the
Washington Administrative Code (WAC), or the Revised Code of Washington (RCW) shall be as defined in the
latest edition of Webster’s Third New International Dictionary.
Words used in the present tense include the future; the singular term includes the plural and the plural the singular.
“Shall” is always mandatory and “may” denotes a use of discretion. (Ord. 995 § 12 (Exh. A), 2015).
18.02.030Interpretation in case of conflicting definitions.
In addition to the words and terms defined in this chapter, several sections of this title contain definitions
specifically related to those sections. In the event of conflict between definitions in this list and those shown in other
sections of this title, the definition in the other section shall govern within the context of the section within which it
appears. (Ord. 995 § 12 (Exh. A), 2015).
18.02.040Specific definitions.
“A” Definitions
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Chapter 18.02 DEFINITIONS
“Abutting” means having a common boundary, except that parcels having no common boundary other than a
common corner shall not be considered abutting.
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For floodplain management purposes, the term includes only
accessory structures used for parking and storage.
“Alteration of watercourse”: Any action that will change the location of the channel occupied by water within the
banks of any portion of a riverine waterbody.
“Appeal” means a request for a review of the interpretation of any provision of this ordinance or a request for a
variance.
“Appeal, closed record” means an administrative appeal on the record, where no or limited new evidence or
information is allowed to be submitted, and only appeal argument is allowed.
“Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to
three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet
flow area.
“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO,
AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the
phrase “area of special flood hazard”.Designation on maps always includes the letter “A.”
ASCE 24: The most recently published version of ASCE 24, Flood Resistant Design and Construction, published by
the American Society of Civil Engineers.
“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or
dumping of dismantled or wrecked vehicles or their parts. The presence on any parcel of land of five or more motor
vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from
which parts have been or are to be removed for reuse or sale shall constitute evidence of an automobile wrecking
yard.
“B” Definitions
“Base flood” 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”).. Designations on maps always include the letter “A.”
“Base Flood Elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood.
“Basement” in the context of flood damage prevention means any area of the building having its floor sub-grade
(below ground level) on all sides.
“Bed and breakfast” means a facility offering from one to eight lodging units and breakfast to travelers and guests.
“Building”: See "Structure."
“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its
design and construction to collapse under specific lateral loading forces, without causing damage to the elevated
portion of the building or supporting foundation system.
“Building Code” means the currently effective versions of the International Building Code and the International
Residential Code adopted by the State of Washington Building Code Council.
“C” Definitions
The Yelm Municipal Code is current through Ordinance 1090, passed October 25, 2022.
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Chapter 18.02 DEFINITIONS
“Concurrency” means a determination that the facilities necessary to serve a proposed land development are in place
or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time
needed to preserve adopted levels of service.
“Condominium” means real property, portions of which are designated for separate ownership and the remainder of
which is designated for common ownership solely by the owners of those portions. Real property is not a
condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a
declaration and a survey map and plans have been recorded pursuant to this chapter. “Condominium” means either:
1. A division which is made by subjecting a portion of the land to Chapter 64.32 RCW and for which a binding
site plan has been approved; or
2. A dwelling, portions of which are designated for separate ownership and the remainder of which is
designated for common ownership solely by the owners of those portions under the provisions of Chapter 64.32
RCW. A dwelling is not a condominium unless the undivided interests in the common elements are vested in
the unit owners, and unless a declaration and a survey map and plans have been recorded with the county
auditor.
“Contiguous land” means land touching other land at one or more points and having the same owner regardless of
whether or not portions of the parcels have separate tax lot numbers, were purchased at different times, lie in
different sections, are different government lots or are separated from each other by watercourses or private
easements.
“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities
include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations,
and installations that produce, use, or store hazardous materials or hazardous waste.
“Cumulative substantial value” means flood-related damages sustained by a structure on two separate occasions
during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 26 percent of the market value of the structure before the damage occurred.
“D” Definitions
“Development” in the context of flood damage prevention means any manmade change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment located within the area of special flood hazard.
“Development agreement” means an agreement between the city and a property owner setting forth the applicable
development standards and other provisions, including mitigation, which vest the development, and which are
consistent with the development regulations at the time the agreement is entered into. Approval of a development
agreement is obtained after a public hearing.
“E” Definitions
“Elevated building” means, for insurance purposes, a non-basement building that has its lowest elevated floor raised
above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
“Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be
used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a
Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).the official form (FEMA
Form 81-31) used to track development, provide elevation information necessary to ensure compliance with Chapter
18.21 YMC, and determine the proper insurance premium rate with Section B completed by the administrator.
“Essential public facility” means those infrastructure facilities that serve the residents of Yelm that are typically
difficult to site. For Yelm, essential public facilities include such facilities as streets, domestic water systems, storm
and sanitary sewer systems, public safety and emergency response facilities, parks and recreational facilities,
schools, hospitals and emergency medical centers, railroad terminals and facilities, and electric/natural gas
substations and appurtenances.
The Yelm Municipal Code is current through Ordinance 1090, passed October 25, 2022.
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Chapter 18.02 DEFINITIONS
“Expansion to an Existing Manufactured Home Park or Subdivision” in the context of flood damage prevention
means the preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
“F” Definitions
“Family” means an individual, or two or more persons living together in a dwelling unit as a single housekeeping
unit. The term “family” shall also include such other persons as may be included in any definition required by state
or federal law.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry
land areas from:
1. The overflow of inland or tidal waters; and/or.
2. The unusual and rapid accumulation of runoff of surface waters from any source.
“Flood Insurance Rate Map (FIRM)” means the official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas 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).“Flood
Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the community.
“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).“Flood Insurance Study” (FIS)
means the official report provided by the Federal Insurance Administration that includes flood profiles and the water
surface elevation more than one foot.
“Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See
"Flood” or “flooding."
“Floodplain administrator” means the community official designated by title to administer and enforce the
floodplain management regulations.
“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control
ordinance) and other application of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
“Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. Flood proofed structures are those that have the structural integrity and
design to be impervious to floodwater below the Base Flood Elevation.
“Floodway” means the channel of a river or other watercourse and the adjacent land area that must be reserved in
order to discharge the base flood without cumulatively increasing the surface water elevation more than a designated
heightone foot, also known as "Regulatory Floodway."the “zero rise floodway.”
“Floor area” means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the
exterior walls, including elevator shafts and stairwells on each floor and all horizontal areas having a ceiling height
of seven feet or more, but excluding all parking and loading spaces, cellars, unroofed areas, roofed areas open on
two sides, areas having ceiling height of less than seven feet and basements used exclusively for storage or housing
of mechanical or central heating equipment.
“Floor area, gross” means the sum of the total horizontal areas of the several floors of all buildings on a lot,
measured from the interior faces of exterior walls.
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Chapter 18.02 DEFINITIONS
1. The term “gross floor area” includes basements, elevator shafts and stairwells at each story, floor space used
for mechanical equipment with structural head room, interior balconies and mezzanines.
2. The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain
elevators and petroleum storage tanks, shall be computed by counting each 10 feet of height or fraction thereof,
as being equal to one floor.
3. The term “gross floor area” shall not include cellars or outside balconies that do not exceed a projection of
six feet beyond the exterior walls of the building. Parking structures below grade and rooftop mechanical
structures are excluded from gross floor area.
“G” Definitions
“Grade” in the context of signage, means the elevation or level of the street closest to the sign to which reference is
made, as measured at the street’s centerline, or the relative ground level in the immediate vicinity of the sign.
“H” Definitions
“Hazard areas” means areas designated as frequently flooded areas or geologically hazardous areas due to potential
for erosion, landslide, seismic activity, mine collapse, or other geological condition.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
“Historic structure” means any structure that is:
1.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;
2.Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify
as a registered historic district;
3.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
4.Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:
a.By an approved state program as determined by the Secretary of the Interior, or
b.Directly by the Secretary of the Interior in states without approved programs.
“I” Definitions
“Increased cost of compliance” means a flood insurance claim payment up to $30,000 directly to a property owner
for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood.
Eligibility for an ICC claim can be through a single instance of “substantial damage” or as a result of a “cumulative
substantial damage.”
“J” Definitions
“K” Definitions
“Kennel” means a place where adult dogs are kept by persons providing the service of facilities for breeding, and the
offspring thereof are sold for profit; or where such animals are received for care, training and boarding for
compensation; but not including a small animal hospital, clinic, or pet shop.
The Yelm Municipal Code is current through Ordinance 1090, passed October 25, 2022.
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Chapter 18.02 DEFINITIONS
“L” Definitions
“Land Use Application” means a completed Land Use Application form as furnished by the City. The application
shall also include all required attachments or other additional information listed in the application instructions. The
required attachments and additional information required will depend on the type of permit requested.
“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to
meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a
basement area, is not considered a building’s lowest floor, ; provided, that such enclosure is not built so as to render
the structure in violation of the applicable non-elevation design requirements of this title found at YMC 18.21.080.
“M” Definitions
“Manufactured home” at the time of manufacture is still considered to meet this definition notwithstanding that it is
no longer transportable (RCW 46.04.302). “Manufactured home” means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when
connected attached to the required utilities. For floodplain management purposes, the term “manufactured home”
also includes park trailers, travel trailers, recreational and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes the term “manufactured home” does not include travel trailers,
recreational and other similar vehicles.
“Manufactured housing community” means a residential development typified by single ownership of land within
the development, with the landowner retaining the rights of ownership. Home sites within the community are leased
to individual homeowners, who retain customary leasehold rights.
“Manufactured Home Park or Subdivision” in the context of flood damage prevention means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the floodplain management
regulations adopted by the community. “New Manufactured Home Park or Subdivision” means a manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by the community.
“Mean Sea Level” for purposes of the National Flood Insurance Program, means the vertical datum to which Base
Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
“N” Definitions
“New construction” for the purposes of determining insurance rates, structures for which the “start of construction”
commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974,
whichever is later, and includes any subsequent improvements to such structures. For floodplain management
purposes, “new construction” means structures for which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by a community and includes any subsequent
improvements to such structures.
“Nonconforming building or structure” means a building, structure or portion thereof that was legally in existence,
either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform
with the requirements of this title.
“Nonconforming lot” means a parcel of land, in separate ownership, and of record prior to the effective date of the
ordinance codified in this title, which does not conform to the dimensional or area requirements of this title.
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Chapter 18.02 DEFINITIONS
“Nonconforming use” means an activity in a structure or on a tract of land that was legally in existence prior to the
effective date of the ordinance codified in this title, which does not conform to the use regulations of the use district
in which it is located.
“Nonconformity” means a legally established existing use or legally constructed structure that is not in compliance
with current regulations.
“O” Definitions
“One hundred year flood” or “100 year flood: See "Base flood."
“Open record hearing” means a hearing that creates the record through testimony and submission of information. An
open record hearing held prior to a decision is an “open record predecision hearing.”
“Owner” means the fee simple owner as designated on the Thurston County assessor’s record.
“P” Definitions
“Principal use” means the specific and primary purpose for which land or building is occupied, arranged, designed
or intended, or for which either land or building is or may be occupied or maintained.
“Project permit” means any land use or environmental permit or license, including: binding site plans, building
permits, critical area approvals, subdivisions, master plans, planned unit developments, site plan review, and special
uses.
“Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to
the service demands and needs of new development.
“Q” Definitions
“R” Definitions
“Reasonably Safe from Flooding” means development that is designed and built to be safe from flooding based on
consideration of current flood elevation studies, historical data, high water marks and other reliable date known to
the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained
by practicable means, reasonably safe from flooding means that the lowest floor is at least two feet above the
Highest Adjacent Grade.
“Recreational vehicle” means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
“Recreational vehicle park” means a parcel or tract of land having designated areas for rent to one or more persons
for parking or placement of a recreational vehicle for less than 30 days, as opposed to permanent year-round
occupancy.
“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than 15
people in a state licensed facility, that has not been licensed as an adult family home pursuant to Chapter 70.128
RCW. These facilities include, but are not limited to: boarding homes as licensed by Chapter 18.20 RCW in
accordance with Chapter 246-316 WAC; residential treatment facility for psychiatrically impaired children and
youth in accordance with Chapter 71.12 RCW and WAC 246-323-010(32); adult residential rehabilitation center in
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Chapter 18.02 DEFINITIONS
accordance with Chapter 71.12 RCW and WAC 246-325-010(3); private adult treatment home in accordance with
Chapter 71.12 RCW and WAC 246-325-010(28); alcoholism treatment facility in accordance with Chapter 71.12
RCW and WAC 246-326-010(6); congregate care facility in accordance with Chapters 71.12 and 18.20 RCW and
WAC 388-15-560; evaluation and treatment facility in accordance with RCW 71.34.020(6); group training home in
accordance with RCW 71A.22.020(2); group care facility in accordance with RCW 74.15.020(3)(a); and foster
family homes in accordance with RCW 74.15.020(3)(f) or congregate care facilities for senior housing with central
cooking facilities, group homes for children, safe-homes and comparable facilities as determined by the approval
authority.
“Retail establishment” means a business that is engaged in selling merchandise or goods to the general public for
personal or household consumption.
“Riparian habitat” means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic
and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the
terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material,
nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be
measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be
identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as
well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include
those riparian areas severely altered or damaged due to human development activities.
“S” Definitions
“Service oriented establishment” means a business that provides a specific or variety of services for individuals and
businesses.
“Setback” means the distance between any building foundation, and the adjacent facing lot line.
“Site plan review committee” means a committee created by the city administrator to administer sections of this
title.
“Special flood hazard areas” means the land in the floodplain within a community subject to a one percent or greater
chance of flooding in any given year. Designation on maps always includes the letter “A.”
“Start of construction” includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180
days of the permit date. 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 foundation 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.
“Structure” used in the context of flood damage prevention means a walled and roofed building including a gas or
liquid storage tank that is principally above ground, as well as a manufactured home..
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
“Substantial improvement” means Any reconstruction, rehabilitation, addition, or other improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure before the reconstruction,
rehabilitation, addition, or other improvement is started. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed. The term does not, however, include
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Chapter 18.02 DEFINITIONS
either:any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure either:
1. Any project for improvement of a structure to correct previously identified existing violations of state or
local health, sanitary, or safety code specifications that have been identified by the local code enforcement
official and that are the minimum necessary to assure safe living conditions; orBefore the improvement or
repair is started; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued
designation as a "historic structure.”If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
The term does not, however, include either:
1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety
code specifications which are solely necessary to assure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic
places.
“Support structure” in the context of wireless communication facilities means the structure to which antennas and
other necessary associated hardware are mounted. Support structures include but are not limited to the following:
1. Guyed tower: a support structure, consisting of metal cross strips or bars, which is steadied by wire guys in a
radial pattern around the tower.
2. Lattice tower: a support structure that consists of a network of crossed metal braces, forming a tower, which
is usually triangular or square in cross-section.
3. Monopole: a support structure that consists of a single pole sunk into the ground and/or attached to a
foundation.
4. Existing nonresidential structure: existing structures as specified in YMC 18.70.030 to which antennas may
be attached which conform to the requirements of Chapter 18.70 YMC.
“T” Definitions
“Transfer of development rights” means the removal of the right to develop or build from land in one site, parcel,
area or zoning district to another where such transfers are permitted.
“U” Definitions
“V” Definitions
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that
would otherwise be prohibited by this chapter.
“W” Definitions
“Water surface elevation” means the height, in relation to the vertical datum utilized in the applicable flood
insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
“X” Definitions
“Y” Definitions
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Chapter 18.02 DEFINITIONS
“Yard” means an open space unoccupied to the sky of uniform depth or width which lies between the property line
and building line, or between the shoreline and the building line. The inside boundary shall be considered parallel to
the nearest property line.
“Yard, flanking” means a yard on a corner building site extending from the front yard to the rear yard and measured
as to the depth at the least horizontal distance between the street line of the flanking street and the exterior wall.
“Yard, front” means a yard extending across the full width of the lot from one property line to another and measured
as to depth at the least horizontal distance between street line and the exterior wall.
“Yard, rear” means a yard extending from one property line to another except in the case of corner building sites
when the rear yard shall extend from the interior side property line to the opposite side yard. Yard is measured as to
depth at the least horizontal distance between the rear site line and the exterior wall.
“Yard, side” means a yard extending from the front yard to the rear yard except in the case of corner building sites
when the side yard on the flanking street shall extend to the rear property line.
“Z” Definitions
“Zoning map, official” means the parcel-specific map of the city of Yelm entitled “Official Zoning Map, City of
Yelm,” establishing the location and boundaries of the zoning districts established by this chapter. (Ord. 995 § 12
(Exh. A), 2015).
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Chapter 18.11 ENVIRONMENTAL REVIEW AND
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Chapter 18.11
ENVIRONMENTAL REVIEW AND PERMITTING
Sections:
18.11.010 Intent.
18.11.020 Authority.
18.11.030 Permits within a flood hazard area.
18.11.040 Critical areas review process.
18.11.050 Determination process.
18.11.060 Additional requirements for certain exceptions.
18.11.070 Modifications and variances.
18.11.080 Variances to flood damage prevention.
18.11.090 Flood damage prevention appeal.
18.11.010Intent.
The intent of this chapter is to establish procedure for processing environmental review and environmental permits
that apply to all lands within the cityCity that may or may not be required during other integrated project review.
(Ord. 995 § 12 (Exh. A), 2015).
18.11.020Authority.
The cityCity may withhold, condition, or deny development permits or activity approvals to ensure that the proposed
action is consistent with the provisions of Chapters 18.20 and 18.21 YMC. (Ord. 995 § 12 (Exh. A), 2015).
18.11.030Permits within a special flood hazard area.
A. Development Land Use Permit Required. A development permit shall be obtained before construction or
development begins within any area of a special flood hazard area as established in Chapter 18.19 YMC. established
in YMC 18.21.090(C). The permit shall be for all structures, including manufactured homes, as defined in YMC
18.02.040, and for all development including fill and other activities.
B. Development Permit Application. Where subdivision proposals and other proposed developments contain greater
than 50 lots or 5 acres (whichever is the lesser) base flood elevation data shall be included as part of the application.
Application for a development permit shall be made on forms furnished by the planning department and may include
but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of
the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of
the foregoing. Specifically, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer, surveyor, or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria in YMC 18.21.080; and
4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(Ord. 995 § 12 (Exh. A), 2015).
18.11.040Critical areas review process.
A. Critical Areas Report Requirements.
1. Preparation by Qualified Professional. If required by the community development departmentPublic Services
Department, the applicant shall submit a critical area report prepared by a qualified professional as defined
herein.
2. Incorporating Best Available Science. The critical area report shall use scientifically valid methods and
studies in the analysis of critical area data and field reconnaissance and reference the source of science used.
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The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with
the provisions of this chapter.
3. Minimum Report Contents. At a minimum, the report shall contain the following:
a. The name and contact information of the applicant, a description of the proposal, and identification of
the permit requested.
b. A copy of the site plan for the development proposal including:
i. A map drawn to scale depicting critical areas, buffers, the development proposal, and any areas to be
cleared.
ii. A description of the proposed stormwater management plan for the development and consideration
of impacts to drainage alterations.
c. The dates, names, and qualifications of the persons preparing the report and documentation of any
fieldwork performed on the site.
d. Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to
the proposed project area.
e. A statement specifying the accuracy of the report, and all assumptions made and relied upon.
f. An assessment of the probable cumulative impacts to critical areas resulting from development of the
site and the proposed development.
g. An analysis of site development alternatives including a no-development alternative.
h. A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation
sequencing to avoid, minimize, and mitigate impacts to critical areas.
i. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with mitigation plan
requirements, including, but not limited to:
i. The impacts of any proposed development within or adjacent to a critical area or buffer on the
critical area.
ii. The impacts of any proposed alteration of a critical area or buffer on the development proposal,
other properties and the environment.
j. A discussion of the performance standards applicable to the critical area and proposed activity.
k. Financial guarantees to ensure compliance.
l. Any additional information required for the critical area as specified in the corresponding chapter.
m. Unless otherwise provided, 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, as approved by the community development
departmentPublic Services Department.
4. Additional information within a special flood hazard area
If the proposed action is located in a special flood hazard area, additional information may be required as
established in YMC 18.19.030.
B. Critical Area Report – Additional Requirements for Habitat Conservation Areas.
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1. The following areas shall be addressed in a critical area report for habitat conservation areas:
a. The project area of the proposed activity;
b. All habitat conservation areas and recommended buffers within 300 feet of the project area; and
c. All shoreline areas, floodplains, other critical areas, and related buffers within 300 feet of the project
area.
2. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential
presence or absence of designated critical fish or wildlife species or habitat. A critical area report for a habitat
conservation area shall contain an assessment of habitats including the following site- and proposal-related
information at a minimum:
a. Detailed description of vegetation on and adjacent to the project area and its associated buffer.
b. Identification of any species of local importance, priority species, or endangered, threatened, sensitive,
or candidate species that have a primary association with habitat on or adjacent to the project area, and
assessment of potential project impacts to the use of the site by the species.
c. A discussion of any federal, state, or local special management recommendations, including
Washington Department of Fish and Wildlife habitat management recommendations, that have been
developed for species or habitats located on or adjacent to the project area.
d. A detailed discussion of the direct and indirect potential impacts on habitat by the project, including
potential impacts to water quality.
e. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve
existing habitats and restore any habitat that was degraded prior to the current proposed land use activity
and to be conducted in accordance with mitigation sequencing.
f. A discussion of ongoing management practices that will protect habitat after the project site has been
developed, including proposed monitoring and maintenance programs.
3. Additional Information May Be Required. When appropriate due to the type of habitat or species present or
the project area conditions, the community development departmentPublic Services Department may also
require the habitat management plan to include:
a. An evaluation by an independent qualified professional regarding the applicant’s analysis and the
effectiveness of any proposed mitigating measures or programs, to include any recommendations as
appropriate;
b. A request for consultation with the Washington Department of Fish and Wildlife or the local Native
American Indian tribe or other appropriate agency; and
c. Detailed surface and subsurface hydrologic features both on and adjacent to the site.
C. Critical Area Report – Modifications to Requirements.
1. Limitations to Study Area. The community development departmentPublic Services Department may limit
the required geographic area of the critical area report as appropriate if:
a. The applicant, with assistance from the cityCity, cannot obtain permission to access properties adjacent
to the project area; or
b. The proposed activity will affect only a limited part of the subject site.
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Chapter 18.11 ENVIRONMENTAL REVIEW AND
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2. Modifications to Required Contents. The applicant may consult with the community development
departmentPublic Services Department prior to or during preparation of the critical area report to obtain
cityCity approval of modifications to the required contents of the report where, in the judgment of a qualified
professional, more or less information is required to adequately address the potential critical area impacts and
required mitigation.
3. Additional Information Requirements. The community development departmentPublic Services Department
may require additional information to be included in the critical area report when determined to be necessary to
the review of the proposed activity in accordance with this chapter. Additional information that may be
required, includes, but is not limited to:
a. Historical data, including original and subsequent mapping, aerial photographs, data compilations and
summaries, and available reports and records relating to the site or past operations at the site;
b. Grading and drainage plans; and
c. Information specific to the type, location, and nature of the critical area.
D. Mitigation Requirements.
1. The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless
otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from
critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best
available science in accordance with an approved critical area report and SEPA documents, so as to result in no
net loss of critical area functions and values.
2. Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of
the critical area, and to prevent risk from a hazard posed by a critical area.
3. Mitigation shall not be implemented until after cityCity approval of a critical area report that includes a
mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.
E. Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the
intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such
alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using
appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid
or reduce impacts.
3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat
conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions
or the conditions existing at the time of the initiation of the project.
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other
methods.
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during
the life of the action.
6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and
habitat conservation areas by replacing, enhancing, or providing substitute resources or environments.
7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.
8. Mitigation for individual actions may include a combination of the above measures.
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F. Mitigation Plan Requirements. When mitigation is required, the applicant shall submit for approval by the
cityCity a mitigation plan as part of the critical area report. The mitigation plan shall include:
1. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying
environmental goals and objectives of the compensation proposed and including:
a. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the
purposes of the compensation measures, including the site selection criteria; identification of
compensation goals; identification of resource functions; and dates for beginning and completion of site
compensation construction activities. The goals and objectives shall be related to the functions and values
of the impacted critical area;
b. A review of the best available science supporting the proposed mitigation and a description of the report
author’s experience to date in restoring or creating the type of critical area proposed; and
c. An analysis of the likelihood of success of the compensation project.
d. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating
whether or not the goals and objectives of the mitigation project have been successfully attained and
whether or not the requirements of this chapter have been met.
e. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of
the mitigation proposed, such as:
i. The proposed construction sequence, timing, and duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features;
iv. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
v. Measures to protect and maintain plants until established.
vi. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional
drawings, topographic maps showing slope percentage and final grade elevations, and any other
drawings appropriate to show construction techniques or anticipated final outcome.
G. Monitoring Program. The mitigation plan shall include a program for monitoring construction of the
compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for
site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and
how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring
report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the
compensation project. The compensation project shall be monitored for a period necessary to establish that
performance standards have been met, but not for a period less than five years.
H. Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any
corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being
met.
I. Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the
mitigation plan is fully implemented. (Ord. 995 § 12 (Exh. A), 2015).
18.11.050Determination process.
A. Determination. The community development departmentPublic Services Department shall make a determination
as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The
community development departmentPublic Services Department ’s determination shall be based on the review
criteria.
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B. Review Criteria.
1. Any alteration to a critical area, unless otherwise provided for in this chapter, shall be reviewed and
approved, approved with conditions, or denied based on the proposal’s ability to comply with all of the
following criteria:
a. The proposal minimizes the impact on critical areas in accordance with mitigation sequencing;
b. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
c. The proposal is consistent with the general purposes of this chapter and the public interest;
d. Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements;
e. The proposal protects the critical area functions and values consistent with the best available science
and results in no net loss of critical area functions and values; and
f. The proposal is consistent with other applicable regulations and standards.
2. The cityCity may condition the proposed activity as necessary to mitigate impacts to critical areas and to
conform to the standards required by this chapter.
3. Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical
areas in the sequencing order of preferences shall be denied.
C. Completion of the Critical Area Review. The cityCity ’s determination regarding critical areas pursuant to this
chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or
other activity involved.
D. Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the
requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or
approval involved. (Ord. 995 § 12 (Exh. A), 2015).
18.11.060Additional requirements for certain exceptions.
A. Critical Area Exception. A request for an exception shall be made to the cityCity and shall include a critical area
report. The community development departmentPublic Services Department shall act on the exception request as
part of the underlying permit approval based on the proposal’s ability to comply with public agency and utility
exception review criteria. The decision on the exception may be appealed pursuant to the appeal procedures of the
underlying permit or approval.
1. Exception Criteria.
a. There is no other practical alternative to the proposed development with less impact on the critical
areas;
b. The application of this chapter would unreasonably restrict the ability to provide utility services to the
public;
c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent
with the best available science; and
e. The proposal is consistent with other applicable regulations and standards.
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B. Exception Request and Review Process. An application for a reasonable use exception shall be made to the
cityCity and shall include a critical area report. The community development departmentPublic Services Department
shall prepare a recommendation to the hearing examiner based on the proposal’s ability to comply with reasonable
use exception criteria.
C. Hearing Examiner Review. The hearing examiner shall review the application and conduct a public hearing. The
hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to
comply with all of the reasonable use exception review criteria.
D. Reasonable Use Review Criteria.
1. The application of this chapter would deny all reasonable economic use of the property;
2. No other reasonable economic use of the property has less impact on the critical area;
3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of
the property;
4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by
the applicant after the effective date of this chapter, or its predecessor;
5. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the
development proposal site;
6. The proposal will result in no net loss of critical area functions and values consistent with the best available
science; or
7. The proposal is consistent with other applicable regulations and standards. (Ord. 995 § 12 (Exh. A), 2015).
18.11.070Modifications and variances.
A. Modifications to the prescriptive standards for the protection of critical areas may be authorized by the cityCity.
The site plan review committee shall review the request and make a written finding that the request meets or fails to
meet the modification criteria as part of the underlying permit approval.
B. Modification Criteria. A modification may be granted only if the applicant demonstrates that the requested
modification includes the best available science and gives special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fish habitat.
C. Variances from the standards of this chapter may be authorized by the cityCity. The hearing examiner shall
process the variance as provided in Chapter 18.14 YMC.
D. Variances from the standards of the Flood Damage Prevention ordinance (Chapter 18.19) may be authorized as
provided in YMC 18.19.050.
DE. Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action
conforms to all of the criteria set forth as follows:
1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the
land, and that are not applicable to other lands in the same district;
2. The special conditions and circumstances do not result from the actions of the applicant;
3. A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable
economic uses and privileges permitted to other properties in the vicinity and zone of the subject property
under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant
with such rights;
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4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this
chapter to other lands, structures, or buildings under similar circumstances;
5. The granting of the variance is consistent with the general purpose and intent of this chapter, and will not
further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity of the subject property;
6. The decision to grant the variance includes the best available science and gives special consideration to
conservation or protection measures necessary to preserve or enhance anadromous fish habitat.
EF. Conditions May Be Required. In granting any modification or variance, the cityCity may prescribe such
conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and
to ensure conformity with this chapter.
FG. Time Limit. A modification or variance shall be valid for the time period of the underlying permit approval.
(Ord. 995 § 12 (Exh. A), 2015).
18.11.080Variances to flood damage prevention.
Variances from the floodplain management standards as established in Chapter 18.19 YMC may be issued in
accordance with YMC 18.19.050.
A. 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 lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level, providing items listed in YMC
18.11.070(B) have been fully considered. As the lot size increases, the technical justification required for issuing the
variance increases.
B. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National
Register of Historic Places, the State Inventory of Historic Places, or the Yelm Historic Register without regard to
the procedures set forth in this section.
C. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood
discharge would result.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as
identified in YMC 18.11.090(B), or conflict with existing local laws or ordinances.
F. Variances as interpreted in the National Flood Insurance Program 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 the flood elevations should be quite rare.
G. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of
floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low
damage potential, complies with all other variance criteria except as set out in subsection A of this section.
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H. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to
be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 995 § 12 (Exh. A),
2015).
18.11.090Flood damage prevention appeal.
A. Determination. The hearing examiner shall process an appeal as provided in Chapter 18.14 YMC.
B. Criteria. The hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in
other sections of this chapter and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on
the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion
damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that
area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site; and
11. The cost of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
C. Upon consideration of the criteria factors of this section and the purposes of this chapter, the hearing examiner
may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
D. The community development department shall maintain the records of all appeal actions and report any variances
to the Federal Insurance Administration upon request. (Ord. 995 § 12 (Exh. A), 2015).
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Chapter 18.21
CRITICAL AREAS AND RESOURCE LANDS
Sections:
18.21.010 Intent.
18.21.020 Best available science.
18.21.030 Applicability, exemption, and exceptions.
18.21.040 Allowed activities.
18.21.050 General critical area protective measures.
18.21.060 Wetlands.
18.21.070 Critical aquifer recharge areas.
18.21.080 Frequently flooded areas.
18.21.090 Flood damage protection.
18.21.100 Geologically hazardous areas.
18.21.110 Fish and wildlife habitat conservation areas.
18.21.010Intent.
The intent of this chapter is to designate and classify ecologically sensitive and hazardous areas and to protect these
areas and their functions and values, while also allowing for reasonable use of private property.
A. By limiting development and alteration of critical areas, this chapter seeks to:
1. Protect members of the public and public resources and facilities from injury, loss of life, or property damage
due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding;
2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of
the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to
conserve the biodiversity of plant and animal species;
3. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate
unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and
4. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat,
and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas. Unavoidable
impacts are impacts that remain after all appropriate and practicable measures have been achieved.
B. The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management
Act and through the application of the best available science, and in consultation with state and federal agencies and
other qualified professionals, as determined according to WAC 365-195-900 through 365-195-925.
C. This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent
of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property,
or to prevent the provision of public facilities and services necessary to support existing and planned development
without decreasing current service levels below minimum standards.
D. Relationship to Other Regulations.
1. These critical areas regulations shall apply as an overlay and in addition to zoning and other development
regulations adopted by the city.
2. When a property or development is subject to more than one critical area overlay or other regulations apply
to a development, the more restrictive shall apply.
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E. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local
regulations and permit requirements. The applicant is responsible for complying with these requirements, apart from
the process established in this chapter.
F. Interpretation. In the interpretation and application of this chapter, the provisions of this chapter shall be
considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this
chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute.
G. Jurisdiction – Critical Areas.
1. The cCity of Yelm shall regulate all uses, activities, and developments within, adjacent to, or likely to affect
one or more critical areas, consistent with the best available science and the provisions herein.
2. Critical areas regulated by this chapter include:
a. Wetlands;
b. Critical aquifer recharge areas;
c. Frequently flooded areas;
d. Geologically hazardous areas; and
e. Fish and wildlife habitat conservation areas.
3. All areas within the city meeting the definition of one or more critical areas, regardless of any formal
identification, are hereby designated critical areas and are subject to the provisions of this chapter.
4. Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to
be within the jurisdiction of these requirements and regulations. Adjacent shall mean any activity located:
a. On a site immediately adjoining a critical area;
b. A distance equal to or less than the required critical area buffer width and building setback;
c. A distance equal to or less than one-half mile (2,640 feet) from a bald eagle nest;
d. A distance equal to or less than 300 feet upland from a stream, wetland, or water body;
e. Within the floodway, floodplain, or channel migration zonea frequently flooded area; or
f. A distance equal to or less than 200 feet from a critical aquifer recharge area.
H. Protection of Critical Areas. Any action taken pursuant to this chapter shall result in equivalent or greater
functions and values of the critical areas associated with the proposed action, as determined by the best available
science. All actions and developments shall be designed and constructed to avoid, minimize, and restore all adverse
impacts. Applicants must first demonstrate an inability to avoid or reduce impacts, before restoration and
compensation of impacts will be allowed. No activity or use shall be allowed that results in a net loss of the
functions or values of critical areas.
I. Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical area
reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values
of critical areas and must give special consideration to conservation or protection measures necessary to preserve or
enhance anadromous fish, such as salmon and bull trout, and their habitat. (Ord. 995 § 12 (Exh. A), 2015).
18.21.020Best available science.
A. Best Available Science to Be Consistent with Criteria. The best available science is that scientific information
applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific
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professional, or team of qualified scientific professionals that is consistent with criteria established in WAC 365-
195-900 through 365-195-925. Sources of the best available science are included in Citations of Recommended
Sources of Best Available Science for Designating and Protecting Critical Areas, published by the Washington State
Department of Community, Trade and Economic Development.
B. Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is
one that produces reliable information useful in understanding the consequences of a local government’s regulatory
decisions, and in developing critical areas policies and development regulations that will be effective in protecting
the functions and values of critical areas. To determine whether information received during the permit review
process is reliable scientific information, the administrator shall determine whether the source of the information
displays the characteristics of a valid scientific process. Such characteristics are as follows:
1. Peer Review. The information has been critically reviewed by other persons who are qualified scientific
experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer
reviewers. Publication in a refereed scientific journal usually indicates that the information has been
appropriately peer-reviewed;
2. Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are
standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed
to ensure their reliability and validity;
3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable
assumptions supported by other studies and consistent with the general theory underlying the assumptions. The
conclusions are logically and reasonably derived from the assumptions and supported by the data presented.
Any gaps in information and inconsistencies with other pertinent scientific information are adequately
explained;
4. Quantitative Analysis. The data has been analyzed using appropriate statistical or quantitative methods;
5. Context. The information is placed in proper context. The assumptions, analytical techniques, data, and
conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and
6. References. The assumptions, analytical techniques, and conclusions are well referenced with citations to
relevant, credible literature and other pertinent existing information.
C. Nonscientific Information. Nonscientific information may supplement scientific information, but it is not an
adequate substitute for valid and available scientific information. Common sources of nonscientific information
include anecdotal information, no expert opinion, and hearsay.
D. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete
scientific information relating to a critical area leading to uncertainty about the risk to critical area function of
permitting an alteration of or impact to the critical area, the administrator shall:
1. Take a “precautionary or a no-risk approach” that strictly limits development and land use activities until the
uncertainty is sufficiently resolved; and
2. Require application of an effective adaptive management program that relies on scientific methods to
evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management
program is a formal and deliberate scientific approach to taking action and obtaining information in the face of
uncertainty. An adaptive management program shall:
a. Address funding for the research component of the adaptive management program;
b. Change course based on the results and interpretation of new information that resolves uncertainties;
and
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c. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and
nonregulatory actions affecting protection of critical areas and anadromous fisheries. (Ord. 995 § 12 (Exh.
A), 2015).
18.21.030Applicability, exemption, and exceptions.
A. Applicability.
1. The provisions of this chapter shall apply to all lands, all land uses and development activity, and all
structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every
person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or
administers land within the city. No person, company, agency, or applicant shall alter a critical area or buffer
except as consistent with the purposes and requirements of this chapter.
2. The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land,
water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or
associated buffer, without first ensuring compliance with the requirements of this chapter and, for special flood
hazard areas, YMC Chapter 18.19.
B. Exempt Activities. The following developments, activities, and associated uses shall be exempt from the
provisions of this chapter; provided, that they are otherwise consistent with the provisions of other local, state, and
federal laws and requirements:
1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare,
or that pose an immediate risk of damage to private property and that require remedial or preventative action in
a time frame too short to allow for compliance with the requirements of this chapter.
Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address
the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person
or agency undertaking such action shall notify the city within one working day following commencement of the
emergency activity. Within 30 days, or sooner if the administrator deems it is necessary to critical areas
protection, the administrator shall determine if the action taken was within the scope of the emergency actions
allowed in this subsection.
After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary
restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency
action in accordance with an approved critical area report and mitigation plan. The person or agency
undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall
be reviewed by the city in accordance with the review procedures contained herein. Restoration and/or
mitigation activities must be initiated within one year, or sooner if the administrator deems it is necessary to
critical areas protection, of the date of the emergency, and completed in a timely manner;
2. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure
improvements, utilities, public or private roads, dikes, levees, or drainage systems, that do not require
construction permits, if the activity does not further alter or increase the impact to, or encroach further within,
the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation,
maintenance, or repair. Restoration measures taken to restore an altered or damaged natural feature include:
a. Active steps to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning
condition that existed prior to an unauthorized alteration, and
b. Actions performed to reestablish structural and functional characteristics of the critical area that have
been lost by alteration, past management activities, or catastrophic events.
3. Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the
critical area.
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C. Exempt Activities and Impacts to Critical Areas. All exempt activities shall use reasonable methods to avoid
potential impacts to critical areas. 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.
D. Exception – Essential Public Facilities or Reasonable Use. If the application of this chapter would prohibit a
development proposal for an essential public facility, the agency or utility may apply for an exception.
If the application of this chapter would deny all reasonable economic use of the subject property, the city shall
determine if compensation is an appropriate action, or the property owner may apply for an exception.
An exception to this chapter may be granted by the hearing examiner in accordance with Chapter 18.14 YMC. (Ord.
995 § 12 (Exh. A), 2015).
In the case of special flood hazard areas, an exception may be granted by the hearing examiner in accordance with
YMC 18.19.050.
18.21.040Allowed activities.
A. Critical Area Report. Activities allowed under this chapter shall have been reviewed and permitted or approved
by the city, but do not require submittal of a separate critical area report, unless required previously for an
underlying permit. The administrator may apply conditions to the underlying permit or approval to ensure that the
allowed activity is consistent with the provisions of this chapter to protect critical areas.
B. Required Use of Best Management Practices (BMPs). All allowed activities shall be conducted using the best
management practices that result in the least amount of impact to the critical areas. BMPs are measures that control
soil loss and reduce water quality degradation, minimize adverse impacts to surface and ground water, protect trees
and vegetation, and provide standards for proper use of chemical herbicides. The city shall observe the use of best
management practices to ensure that the activity does not result in degradation to the critical area. Any incidental
damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced.
C. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Area Review. Development permits and approvals that
involve both discretionary land use approvals and construction approvals if all of the following conditions have
been met:
a. The provisions of this chapter have been previously addressed as part of another approval;
b. There have been no material changes in the potential impact to the critical area or buffer since the prior
review;
c. There is no new information available that is applicable to any critical area review of the site or
particular critical area;
d. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed
since the issuance of that permit or approval; and
e. Compliance with any standards or conditions placed upon the prior permit or approval has been
achieved or secured;
2. Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing
legally constructed structure that does not further alter or increase the impact to the critical area or buffer and
there is no increased risk to life or property as a result of the proposed modification or replacement; provided,
that restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within 18
months of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently
pursued to completion. Repairs to existing structures located within a special flood hazard area shall comply
with the provisions of YMC 18.19.040;
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3. Activities within the Improved Right-of-Way. Replacement, modification, installation, or construction of
utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such
facilities are located within the improved portion of the public right-of-way or a city-authorized private
roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the
transport of sediment or increased stormwater, subject to the following:
a. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the right-of-
way improvement, including disturbed areas;
b. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way
improvement and resulting disturbance. Native vegetation includes plant species that are indigenous to the
area in question; and
c. Removal of invasive species.
4. Minor Utility Projects. Utility projects which have minor or short-duration impacts to critical areas, as
determined by the administrator in accordance with the criteria below, and which do not significantly impact
the function or values of a critical area(s); provided, that such projects are constructed with best management
practices and additional restoration measures are provided. Minor activities shall not result in the transport of
sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:
a. There is no practical alternative to the proposed activity with less impact on critical areas;
b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small
component of a utility facility; and
c. The activity involves disturbance of an area less than 75 square feet;
5. Public and Private Pedestrian Trails. Public and private pedestrian trails, except in wetlands, fish and wildlife
habitat conservation areas, or their buffers, subject to the following:
a. The trail surface shall meet all other requirements including water quality standards set forth in the
\[locally adopted stormwater management regulations\];
b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail
corridor, including disturbed areas; and
c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that
does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report;
6. Select Vegetation Removal Activities. The following vegetation removal activities; provided, that no
vegetation shall be removed from a critical area or its buffer without approval from the administrator:
a. The removal of the following vegetation with hand labor, light equipment or regulated grazing:
i. Invasive and noxious weeds;
ii. English ivy (Hedera helix);
iii. Himalayan blackberry (Rubus discolor, R. procerus);
iv. Evergreen blackberry (Rubus laciniatus); and
v. Scotch broom (Cytisus scoparius);
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety
or posing an imminent risk of damage to private property; provided, that:
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i. The applicant submits a report from a certified arborist, registered landscape architect, or
professional forester that documents the hazard and provides a replanting schedule for the replacement
trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified
professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be
removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless
removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation;
iv. The landowner shall replace any trees that are removed with new trees at a ratio of two replacement
trees for each tree removed (2:1) within one year in accordance with an approved restoration plan.
Replacement trees may be planted at a different nearby location if it can be determined that planting in
the same location would create a new hazard or potentially damage the critical area. Replacement trees
shall be species that are native and indigenous to the site and a minimum of one inch in diameter-at-
breast-height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as
measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist
shall be consulted to determine timing and methods or removal that will minimize impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or
private property, or of serious environmental degradation may be removed or pruned by the landowner
prior to receiving written approval from the city; provided, that within 14 days following such action,
the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this
chapter;
c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State
Forest Practices Act; Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind
or with similar native species within one year in accordance with an approved restoration plan; and
d. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation
or woody debris from a habitat conservation area or wetland shall be prohibited;
7. Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or
other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in
accordance with State Department of Fish and Wildlife Management recommendations and the regulations of
the State Department of Agriculture and the U.S. Environmental Protection Agency;
8. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs,
percolation tests, and other related activities, where such activities do not require construction of new roads or
significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed
areas shall be immediately restored; and
9. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary
markers. (Ord. 995 § 12 (Exh. A), 2015).
18.21.050General critical area protective measures.
A. Critical Area Markers and Signs.
1. The boundary at the outer edge of critical area tracts and easements shall be delineated with permanent
survey stakes as established by local survey standards.
2. The boundary at the outer edge of the critical area or buffer shall be identified with temporary signs prior to
any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of
the site.
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3. These provisions may be modified by the administrator as necessary to ensure protection of sensitive features
or wildlife needs.
B. Financial Guarantee to Ensure Mitigation, Maintenance, and Monitoring.
1. When mitigation required pursuant to a development proposal is not completed prior to the city final permit
approval, such as final plat approval or final building inspection, the city shall require the applicant to post a
financial guarantee in a form and amount deemed acceptable by the city. If the development proposal is subject
to mitigation, the applicant shall post a financial guarantee security in a form and amount deemed acceptable by
the city to ensure mitigation is fully functional.
2. The bond shall be in the amount of 150 percent of the estimated cost of the uncompleted actions or the
estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater.
3. The bond shall be in the form of an assignment of savings account in the city trust fund.
4. Financial guarantees shall remain in effect until the city determines in writing that the standards bonded for
have been met. Bonds or other security shall be held by the city for a minimum of five years to ensure that the
required mitigation has been fully implemented and demonstrated to function, and may be held for longer
periods when necessary.
5. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to
complete required mitigation, maintenance, monitoring, or restoration.
6. Public development proposals shall be relieved from having to comply with the bonding requirements of this
section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.
7. Any failure to satisfy critical area requirements established by law or condition including, but not limited to,
the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an
approved mitigation plan shall constitute a default, and the city may demand payment of any financial
guarantees or require other action authorized by the city code or any other law.
8. Any funds recovered pursuant to this section shall be used to complete the required mitigation.
C. Critical Area Inspections. Reasonable access to the site shall be provided to the city, state, and federal agency
review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring
period. (Ord. 995 § 12 (Exh. A), 2015).
18.21.060Wetlands.
A. Designating Wetlands. Wetlands are those areas, designated in accordance with the Washington State Wetland
Identification and Delineation Manual (1997), that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation adapted for life in saturated soil conditions. All areas within the city meeting the wetland designation
criteria in the Identification and Delineation Manual, regardless of any formal identification, are hereby designated
critical areas and are subject to the provisions of this chapter.
B. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology (Ecology)
wetland rating system found in the Washington State Wetland Rating System documents or as revised by Ecology.
1. Wetland Rating Categories.
a. Category I. Category I wetlands are those that:
i. Represent a unique or rare wetland type; or
ii. Are more sensitive to disturbance than most wetlands; or
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iii. Are relatively undisturbed and contain ecological attributes that are impossible to replace within a
human lifetime; or
iv. Provide a high level of functions. These include estuarine wetlands, natural heritage wetlands, bogs,
mature and old-growth forested wetlands, wetlands in coastal lagoons and wetlands that score more
than 70 points in the 2004 rating system.
b. Category II. Category II wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions. Category II wetlands in western Washington include wetlands scoring between
51 and 69 points in the 2004 rating system.
c. Category III. Category III wetlands are those with a moderate level of functions (scores between 30 and
50 points). Wetlands scoring between 30 and 50 points generally have been disturbed in some ways and
are often less diverse or more isolated from other natural resources in the landscape than Category II
wetlands.
d. Category IV. Category IV wetlands have the lowest levels of functions (scores less than 30 points) and
are often heavily disturbed.
2. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of
adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the
wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to
illegal modifications.
C. Mapping. The approximate location and extent of wetlands are shown on the critical area maps prepared by the
community development department. These maps are to be used as a guide for the city, project applicants, and/or
property owners, and may be continuously updated as new critical areas are identified. They are a reference and do
not provide a final critical area designation.
The exact location of a wetland’s boundary shall be determined through the performance of a field investigation by a
qualified professional wetland scientist applying the Washington State Wetlands Identification and Delineation
Manual as required by RCW 36.70A.175.
D. Activities Allowed in Wetlands. The activities listed below are allowed in wetlands in addition to those activities
listed in, and consistent with, the provisions established in allowed activities, and do not require submission of a
critical area report, except where such activities result in a loss to the functions and values of a wetland or wetland
buffer. These activities include:
1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail
changing the structure or functions of the existing wetland.
2. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and
provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of
the wetland by changing existing topography, water conditions, or water sources.
3. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water
connection to the wetland or percolation of surface water down through the soil column. Specific studies by a
hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of
surface water down through the soil column is disturbed.
4. Enhancement of a Wetland through the Removal of Nonnative Invasive Species. Weeding shall be restricted
to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal
shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over
the bare areas with native herbs.
E. Wetland Analysis.
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1. A written assessment and accompanying maps of the wetlands and buffers within 300 feet of the project
area, including the following information at a minimum:
a. Wetland delineation and required buffers;
b. Existing wetland acreage;
c. Wetland category;
d. Vegetative, faunal, and hydrologic characteristics;
e. Soil and substrate conditions;
f. Topographic elevations, at two-foot contours; and
g. A discussion of the water sources supplying the wetland and documentation of hydrologic regime
(locations of inlet and outlet features, water depths throughout the wetland, evidence of recharge or
discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment
deposits).
2. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing
wetlands and restore any wetlands that were degraded prior to the current proposed land use activity.
3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site
habitat and wetland functions.
4. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff-recognized
method and including the reference of the method and all data sheets.
5. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation
area, including the following information at a minimum:
a. Existing and proposed wetland acreage;
b. Vegetative and faunal conditions;
c. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic
regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas;
d. Relationships within watershed and to existing water bodies;
e. Soil and substrate conditions, topographic elevations;
f. Existing and proposed adjacent site conditions;
g. Required wetland buffers (including any buffer reduction and mitigation proposed to increase the plant
densities, remove weedy vegetation, and replant the buffers);
h. Property ownership; and
i. Associated wetlands and related wetlands that may be greater than 300 feet from the subject project.
6. A scale map of the development proposal site and adjacent area. A discussion of ongoing management
practices that will protect wetlands after the project site has been developed; including proposed monitoring
and maintenance programs.
7. A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers,
mulch, stakes) and the proposed monitoring and maintenance work for the required number of years.
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8. Title Notification. All activity in critical area protection areas shall be accompanied by a notice to title,
recorded with the Thurston County auditor.
F. Wetland Performance Standards – General Requirements.
1. Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed
activity will not degrade the functions and functional performance of the wetland and other critical areas.
2. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this
chapter.
3. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided
for in the public agency and utility exception, reasonable use exception, and variance sections of this chapter.
4. Category II and III Wetlands.
a. Water-dependent activities may be allowed where there are no practicable alternatives that would have a
less adverse impact on the wetland, its buffers and other critical areas.
b. Where non-water-dependent activities are proposed, it shall be presumed that alternative locations are
available, and activities and uses shall be prohibited, unless the applicant demonstrates that:
i. The basic project purpose cannot reasonably be accomplished and successfully avoid, or result in
less adverse impact on, a wetland on another site or sites in the general region; and
ii. All alternative designs of the project as proposed, that would avoid or result in less of an adverse
impact on a wetland or its buffer, such as a reduction in the size, scope, configuration, or density of the
project, are not feasible.
5. Category IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be
permitted in Category IV wetlands and associated buffers in accordance with an approved critical area report
and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the
applicant’s objectives. Full compensation for the acreage and loss functions will be provided.
6. Wetland Buffers.
a. Standard Buffer Widths. The standard buffer widths presume the existence of a relatively intact native
vegetation community in the buffer zone adequate to protect the wetland functions and values at the time
of the proposed activity. If the vegetation is inadequate, then the buffer width shall be increased or the
buffer should be planted to maintain the standard width. Required standard wetland buffers, based on
wetland category and land use intensity, are as follows:
i. Category I:
Natural Heritage Wetlands250 feet
Bogs250 feet
High level of function for habitat (score of 29 – 36 300 feet
points)
Moderate level of function for habitat (score of 20 150 feet
– 28 points)
High level of function for water quality 100 feet
improvement (24 – 32 points) and low for habitat
(less than 20 points)
Not meeting any other characteristics100 feet
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ii. Category II:
High level of function for habitat (score of 29 – 36 300 feet
points)
Moderate level of function for habitat (score of 20 – 150 feet
28 points)
High level of function for water quality 100 feet
improvement and low for habitat (score for water
quality 24 – 32 points and habitat less than 20
points)
Not meeting any other characteristics100 feet
iii. Category III:
Moderate level of function for habitat (score of 20 – 150 feet
28 points)
Not meeting above characteristic80 feet
iv. Category IV:
Score for all three basic functions less than 30 50 feet
points
b. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed
in the field. The width of the wetland buffer shall be determined according to the wetland category and the
proposed land use. The buffer for a wetland created, restored, or enhanced as compensation for approved
wetland alterations shall be the same as the buffer required for the category of the created, restored, or
enhanced wetland. Only fully vegetated buffers will be considered. Lawns, walkways, driveways, and
other mowed or paved areas will not be considered buffers.
c. Increased Wetland Buffer Widths. The administrator shall require increased buffer widths in accordance
with the recommendations of an experienced, qualified professional wetland scientist, and the best
available science on a case-by-case basis when a larger buffer is necessary to protect wetland functions
and values based on site-specific characteristics. This determination shall be based on one or more of the
following criteria:
i. A larger buffer is needed to protect other critical areas;
ii. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and
standard erosion-control measures will not prevent adverse impacts to the wetland; or
iii. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing
buffer vegetation is inadequate to protect the wetland functions and values, implementation of a buffer
planting plan may substitute. Where a buffer planting plan is proposed, it shall include densities that
are not less than three feet on center for shrubs and eight feet on center for trees and require monitoring
and maintenance to ensure success. Existing buffer vegetation is considered “inadequate” and will
need to be enhanced through additional native plantings and (if appropriate) removal of nonnative
plants when: (A) nonnative or invasive plant species provide the dominant cover, (B) vegetation is
lacking due to disturbance and wetland resources could be adversely affected, or (C) enhancement
plantings in the buffer could significantly improve buffer functions.
d. Wetland Buffer Width Averaging. The administrator may allow modification of the standard wetland
buffer width in accordance with an approved critical area report and the best available science on a case-
by-case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where a
qualified professional wetland scientist demonstrates that:
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i. It will not reduce wetland functions or functional performance;
ii. The wetland contains variations in sensitivity due to existing physical characteristics or the character
of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in
places and would not be adversely impacted by a narrower buffer in other places;
iii. The total area contained in the buffer area after averaging is no less than that which would be
contained within the standard buffer; and
iv. The buffer width is not reduced to less than 75 percent of the standard width or 35 feet.
e. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of
this chapter.
f. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland
buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is
required for the duration of the mitigation bond.
g. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the
review procedures of this chapter; provided they are not prohibited by any other applicable law and they
are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland:
i. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting
the soil, water, vegetation, or wildlife.
ii. Passive Recreation. Passive recreation facilities designed and in accordance with an approved
critical area report.
G. Performance Standards – Compensatory Mitigation Requirements. Compensatory mitigation for alterations to
wetlands shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent
with the state Department of Ecology Guidelines for Developing Freshwater Wetlands Mitigation Plans and
Proposals, 1994, as revised.
1. Mitigation shall be required in the following order of preference:
a. Avoiding the impact altogether by not taking a certain action or parts of an action.
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using
appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
d. Reducing or eliminating the impact over time by preservation and maintenance operations.
e. Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
2. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected
by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions
as those lost, except when:
a. The lost wetland provides minimal functions as determined by a site-specific function assessment, and
the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide
functions shown to be limiting within a watershed through a formal Washington State watershed
assessment plan or protocol; or
b. Out-of-kind replacement will best meet formally identified watershed goals, such as replacement of
historically diminished wetland types.
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3. Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or
substitution shall occur in the following order of preference:
a. Restoring wetlands on upland sites that were formerly wetlands.
b. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of
nonnative introduced species. This should only be attempted when there is a consistent source of
hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the
wetland community that is being designed.
c. Enhancing significantly degraded wetlands in combination with restoration or creation. Such
enhancement should be part of a mitigation package that includes replacing the impacted area meeting
appropriate ratio requirements.
4. Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning
would result from an alternate approach, compensatory mitigation for ecological functions shall be either in
kind and on site, or in-kind and within the same stream reach, subbasin, or drift cell. Mitigation actions shall be
conducted within the same subdrainage basin and on the site as the alteration except when all of the following
apply:
a. There are no reasonable on-site or in-subdrainage basin opportunities or on-site and in-subdrainage
basin opportunities do not have a high likelihood of success, after a determination of the natural capacity
of the site to mitigate for the impacts. Consideration should include: anticipated wetland mitigation
replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands
when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts
(such as connectivity);
b. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the
impacted wetland; and
c. Off-site locations shall be in the same subdrainage basin unless:
i. Established watershed goals for water quality, flood or conveyance, habitat, or other wetland
functions have been established and strongly justify location of mitigation at another site; or
ii. Credits from a state certified wetland mitigation bank are used as mitigation and the use of credits is
consistent with the terms of the bank’s certification.
5. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to
activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following
disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects
shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
The administrator may authorize a one-time temporary delay, up to 120 days, in completing minor construction
and landscaping when environmental conditions could produce a high probability of failure or significant
construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental
damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the
public. The request for the temporary delay must include a written justification that documents the
environmental constraints that preclude implementation of the mitigation plan. The justification must be
verified and approved by the city and include a financial guarantee.
6. Mitigation Ratios.
a. Acreage Replacement Ratios. The following ratios shall apply to creation or restoration that is in kind,
is on site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of
success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater
ratios shall apply in those cases. These ratios do not apply to the use of credits from a state certified
wetland mitigation bank. When credits from a certified bank are used, replacement ratios should be
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consistent with the requirements of the bank’s certification. The first number specifies the acreage of
replacement wetlands and the second specifies the acreage of wetlands altered.
Category I6 to 1
Category II3 to 1
Category III2 to 1
Category IV1.5 to 1
b. Increased Replacement Ratio. The administrator may increase the ratios under the following
circumstances:
i. Uncertainty exists as to the probable success of the proposed restoration or creation;
ii. A significant period of time will elapse between impact and replication of wetland functions;
c. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland
being impacted; or
d. The impact was an unauthorized impact.
7. Wetlands Enhancement as Mitigation.
a. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded
wetlands, but must be used in conjunction with restoration and/or creation. Applicants proposing to
enhance wetlands must produce a critical area report that identifies how enhancement will increase the
functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland
area and function at the impact site. An enhancement proposal must also show whether existing wetland
functions will be reduced by the enhancement actions.
b. At a minimum, enhancement acreage shall be double the acreage required for creation or restoration.
The ratios shall be greater than double the required acreage where the enhancement proposal would result
in minimal gain in the performance of wetland functions and/or result in the reduction of other wetland
functions currently being provided in the wetland.
c. Mitigation ratios for enhancement in combination with other forms of mitigation shall range from 6:1 to
3:1 and be limited to Class III and Class IV wetlands.
H. Performance Standards – Land Divisions. The division, redivision, or adjusting of boundary lines of land in
wetlands and associated buffers is subject to the following:
1. Land that is located wholly within a wetland or its buffer may not be subdivided.
2. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible
and contiguous portion of each new lot is:
a. Located outside of the wetland and its buffer; and
b. Meets the minimum lot size requirements of \[locally adopted zoning dimensions\].
3. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and
associated buffers only if the city determines that no other feasible alternative exists and when consistent with
this chapter. (Ord. 995 § 12 (Exh. A), 2015).
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18.21.070Critical aquifer recharge areas.
A. Critical Aquifer Recharge Areas Designation. Critical aquifer recharge areas are those areas with a critical
recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). A critical aquifer recharge
area has prevailing geologic conditions associated with infiltration rates that create a high potential for
contamination of ground water resources or contribute significantly to the replenishment of ground water.
B. Designation of Critical Aquifer Recharge Areas. The entire city of Yelm and its urban growth area is identified as
a highly susceptible critical aquifer recharge area.
C. Performance Standards – General Requirements.
1. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the
proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not
adversely affect the recharging of the aquifer.
2. The proposed activity must comply with the water source protection requirements and recommendations of
the U.S. Environmental Protection Agency, Washington State Department of Health, and the Thurston County
environmental health division.
3. All new development, redevelopment, and small parcel development shall meet the water quality
requirements of the stormwater manual as adopted by the city of Yelm.
D. Performance Standards – Specific Uses.
1. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with
local building code requirements and must conform to the following requirements:
a. Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous
substances or hazardous wastes shall be designed and constructed so as to:
i. Prevent releases due to corrosion or structural failure for the operational life of the tank;
ii. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive
material, or designed to include a secondary containment system to prevent the release or threatened
release of any stored substances; and
iii. Use material in the construction or lining of the tank that is compatible with the substance to be
stored.
b. Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of
hazardous substances or hazardous wastes shall be designed and constructed so as to:
i. Not allow the release of a hazardous substance to the ground, ground waters, or surface waters;
ii. Have a primary containment area enclosing or underlying the tank or part thereof; and
iii. A secondary containment system either built into the tank structure or a dike system built outside
the tank for all tanks.
2. Vehicle Repair and Servicing.
a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure
capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle
repair and servicing must be stored in a manner that protects them from weather and provides containment
should leaks occur.
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b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and
servicing. Dry wells existing on the site prior to facility establishment must be abandoned using
techniques approved by the state Department of Ecology prior to commencement of the proposed activity.
3. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse projects for reclaimed
water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by
the State Departments of Ecology and Health.
a. Use of reclaimed water for surface percolation must meet the ground water recharge criteria given in
RCW 90.46.010(10) and 90.46.080(1). The State Department of Ecology may establish additional
discharge limits in accordance with RCW 90.46.080(2).
b. Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042.
(Ord. 995 § 12 (Exh. A), 2015).
18.21.080Frequently flooded areas.
A. Designation of Frequently Flooded Areas. Frequently flooded areas shall include special flood hazard areas
identified by the Flood Insurance Rate Map(s) (YMC 18.19.020) and areas mapped by Thurston County as high
ground water flood hazard areas. The flood insurance maps and high ground water maps are hereby adopted by
reference, declared part of this chapter, and are available for public review at the city.
B. Flood Elevation Data. When base flood elevation data is not available (A and V zones), the administrator shall
obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or
other official source, in order to administer this chapter.
C. Maintenance of Records. Where base flood elevation data is provided through the flood insurance study or
required through this chapter, the administrator shall obtain and record the flood elevation certificates of all new or
substantially improved structures, and whether or not the structure contains a basement. The administrator shall also
maintain for public inspection all records of floodplain hazards, certificates of floodproofing, and flood elevation
data.
DB . Performance Standards – General Requirements. The following standards shall be adhered to in all frequently
flooded areas, except as otherwise provided for in this chapter.
1. Approval of Work in a Frequently Flooded Area. Prior to any clearing, grading, dumping, drilling, dredging,
filling, or the construction or reconstruction of any structure, the city shall have approved through the
underlying permit or through approval of a critical areas report that the standards for development within a
frequently flooded area have been met.
2. No activity within a frequently floodedhigh ground water flood hazard area shall increase the base flood
elevation.
3. Performance standards within a special flood hazard area shall be as established in Chapter 18.19.
E. Performance Standards – General Requirements in FEMA Designated 100-Year Floodplain.
1. Structures shall be located outside the floodplain. All structures, utilities, and other improvements shall be
located on the buildable portion of the site out of the floodplain unless there is no buildable site area out of the
floodplain. For sites with no buildable area out of the floodplain, structures, utilities, and other improvements
shall be placed on the highest land on the site, oriented parallel to flow rather than perpendicular, and sited as
far from the watercourse and other critical areas as possible. If the administrator detects any evidence of active
hyporheic exchange on a site, the development shall be located to minimize disruption of such exchange.
2. Methods That Minimize Flood Damage. All new construction and substantial improvements shall be
constructed using flood resistant materials and using methods and practices that minimize flood damage.
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3. Utility Protection. Electrical, heating, ventilation, plumbing, 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.
4. Elevation Certificate Following Construction. Following construction of a structure within the floodplain
where the base flood elevation is provided, the applicant shall obtain an elevation certificate that records the
elevation of the lowest floor. The elevation certificate shall be completed by a surveyor or engineer licensed in
the state of Washington and shall be submitted to the city for recording.
5. Anchoring.
a. Anchoring Requirement. All new construction and substantial improvements within the floodplain shall
be anchored to prevent flotation, collapse, or lateral movement of the structure.
b. Manufactured Homes. All manufactured homes placed within the floodplain must be anchored to
prevent flotation, collapse, or lateral movement and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or
frame ties to ground anchors (reference FEMA P-85: “Protecting Manufactured Homes from Floods and
Other Hazards” guidebook for additional techniques).
6. Fill and Grading. Fill and grading with the floodplain shall only occur after a determination that the fill or
grading will not block side channels, inhibit channel migration, increase the base flood elevation, or be within a
channel migration zone.
F. Performance Standards – Specific Uses in the FEMA Designated 100-Year Floodplain. Specific uses shall adhere
to the following relevant standards, in addition to the general standards.
1. Divisions of Land.
a. All new divisions of land, including subdivisions, short subdivisions, boundary line adjustments,
binding site plans, and master planned communities shall not create any building lot for commercial or
residential purposes with any portion within the floodplain.
b. Floodplain areas shall be dedicated as open space.
c. No infrastructure required for the subdivision with the exception of utility transport lines identified by
the appropriate utility capital facilities plan shall be located within the floodplain.
d. Subdivisions and short subdivisions shall be designed to minimize or eliminate flood damage and
impacts to floodplain functions and values. Public utilities and facilities that are installed as part of such
subdivisions, such as sewer, gas, electrical, and water systems, shall be located and constructed to also
minimize flood damage and impacts to floodplain functions and values. Subdivisions should be designed
using natural features of the landscape and should not incorporate flood protection changes.
e. Subdivisions and short subdivisions shall have adequate natural surface water drainage to reduce
exposure to flood hazards; and
f. Subdivisions and short subdivisions shall show the 100-year floodplain, floodway, and channel
migration zone on the preliminary and final plat and short plat maps and designate such areas as “no
build,” when applicable.
2. Utilities.
a. Infiltration of Flood Waters. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems.
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b. Sanitary Sewage Systems. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the systems into flood
waters.
c. On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding. New on-site sewage disposal systems are prohibited
within the floodplain.
3. Residential Construction on Lots Created Prior to 1999.
a. Must Be Above Base Flood Elevation. 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.
b. Areas Below the Lowest Floor. Fully enclosed areas below the lowest floor that are subject to flooding
shall only be allowed when 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:
i. 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;
ii. The bottom of all openings shall be no higher than one foot above grade; and
iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they
permit the automatic entry and exit of floodwaters.
c. Manufactured Homes Must Be Elevated. All manufactured homes to be placed or substantially
improved 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.
4. Nonresidential Construction on Lots Created Prior to 1999.
a. Above Base Flood Elevation. New construction and substantial improvement of any commercial,
industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated
one foot or more above the base flood elevation, or, together with attendant utility and sanitary facilities,
shall:
i. Be floodproofed 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;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
iii. 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.
b. Areas Below the Lowest Floor. Fully enclosed areas below the lowest floor that are not floodproofed
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:
i. 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;
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ii. The bottom of all openings shall be no higher than one foot above grade; and
iii. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they
permit the automatic entry and exit of floodwaters.
GC . Performance Standards – General Requirements in High Ground Water Hazard Areas.
1. Flood Elevations. The base flood elevation for high ground water flood hazard areas corresponds to the
elevation of the outer edge of the high ground water flood hazard area.
2. Delineation of the Base Flood Elevation. Applicants shall submit to the approval authority hydrologic and
hydrogeologic studies as necessary to delineate the high ground water flood hazard area and the base flood
elevation.
3. No development shall locate within 50 feet, measured on a horizontal plane, from the outer edge of the high
ground water hazard area or extending to a ground elevation two feet above the base flood elevation, whichever
is less.
4. The bottom of any infiltration facility for stormwater discharge shall be located at least six feet above the
base flood elevation.
HD. Uses and Activities Prohibited from Frequently Flooded Areas.
1. Critical Facilities. Critical facilities are prohibited from frequently flooded areas to prevent damage to such
facilities, to avoid costs that will be incurred by the public, and to maintain functionality of such facilities
during flood events. If such a prohibition is unreasonable, an allowance for critical facilities in frequently
flooded areas with the following specific conditions:
a. Construction of new critical facilities shall be permissible within frequently flooded areas if no feasible
alternative site is available.
b. Critical facilities constructed within frequently flooded areas shall have the lowest floor elevated three
feet or more above the level of the base flood elevation (100-year flood).
c. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced
by or released into flood waters.
d. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical
facilities to the extent possible.
2. Wells Used for Potable Water. Water wells shall be located on high ground and are prohibited from being
within the floodway.
3. On-Site Sewage Disposal Systems. On-site sewage disposal systems are prohibited from the floodway, the
channel migration zone, and the 100-year floodplain elevation. (Ord. 995 § 12 (Exh. A), 2015).
18.21.090Flood damage protection.
A. The flood hazard areas of Yelm are subject to periodic inundation which results in loss of life and property,
health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for
flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are
inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
B. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and
provisions for:
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1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion
hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood
damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help
accommodate or channel floodwaters;
4. Controlling filling, grading, and other development which may increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may
increase flood hazards in other areas.
C. General Provisions – Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood
Insurance Study for Thurston County, Washington and Incorporated Areas dated October 16, 2012,” as amended,
with an accompanying Flood Insurance Rate Map, as amended, are hereby adopted by reference and declared to be a
part of this chapter. The Flood Insurance Study and the FIRM are on file at Yelm City Hall, 105 Yelm Avenue
West, Yelm, Washington. When base flood elevation data has not been provided, the community development
department shall obtain and reasonably utilize any base flood elevation and floodway data available from federal,
state or other source.
D. 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. Violation of the
provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein contained
shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
E. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant,
or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter 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 chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee
thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made hereunder.
H. The community development department is appointed to administer and implement this chapter by granting or
denying development permit applications in accordance with its provisions.
I. Duties of the community development department shall include, but not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
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b. Review all development permits to determine that all necessary permits have been obtained from those federal,
state or local governmental agencies from which prior approval is required;
c. Review all development permits to determine if the proposed development is located in the floodway. If located in
the floodway, assure that the provisions of this chapter are met;
2. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection C of
this section, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor,
including basement, of all new or substantially improved structures, and whether or not the structure contains a
basement;
b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is
provided through the FIS, FIRM, or as required in subsection C of this section:
i. Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and
ii. Maintain the floodproofing certifications required in YMC 18.21.080.
c. Maintain for public inspection all records pertaining to the provisions of this chapter;
3. Alteration of Watercourses.
a. Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-
carrying capacity is not diminished;
4. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of
the areas of special flood hazards (for example, where there appears to be a 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 interpretations provided in Chapter 18.14 YMC.
J. Provisions for Flood Hazard Reduction.
1. General Standards. In all areas of special flood hazards, the standards set out in YMC 18.21.080 are required.
K. Water wells shall be located on high ground that is not in the floodway.
L. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
4. Where base flood elevation data has not been provided or is not available from another authoritative source,
it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots
or five acres, whichever is less.
MB. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or
from another authoritative source, applications for building permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use
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of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least
two feet above grade in these zones may result in higher insurance rates.
N. Tap-in Restrictions.
1. Applicability. Tap-in restrictions apply to lands mapped by FEMA (Federal Emergency Management Agency) as
100-year floodplains, identified as of RD (U.S. Department of Agriculture Rural Development) funding obligation
date, July 30, 1997. Tap-in restrictions will be enforced to deny future sewer connections to the system, when
verification is not made by applicants that planned improvements to properties requesting connection to the system
will be constructed outside the 100-year floodplain.
2. Exceptions. An exclusion to these tap-in restrictions will be granted for:
a. All road and utility crossing set forth in the:
i. Yelm comprehensive transportation plan (August 1992),
ii. Yelm water reuse project (July 1995),
iii. Yelm comprehensive water plan (August 1992), and
iv. The private utility planning for Yelm area (for electricity, gas, telephone, cable), as excerpted in Appendix G to
the Yelm comprehensive plan (February 1995);
b. All property within the Thurston Highlands Southwest Yelm conceptual master plan, as approved October 12,
1994;
c. All lands identified after July 30, 1997 by FEMA as 100-year floodplains;
d. Lots of record within the city as described and depicted in Ordinance 595, dated January 8, 1997; and
e. Such other exceptions meeting the criteria identified in subsection (N)(3) of this section.
3. Administration.
a. An applicant may request from the city an administrative waiver of the tap-in restriction, where:
i. It is necessary to meet the Yelm comprehensive plan goals and policies, and
ii. The development will not result in risk to persons or property during periods of flood conditions.
b. If the city recommends a waiver, such recommendation shall be submitted to RD where the decision on the
waiver shall become final.
O. Nonresidential Construction. All nonresidential construction shall have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and 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 section based on their development and/or review of the structural design,
specifications and plans.
Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on
rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood
level will be rated as at the base flood level).
P. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the area of special flood hazard. Construction of new or critical facilities shall be permissible within the area of
special flood hazard if no feasible alternative site is available. Critical facilities constructed within the area of special
flood hazard shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at
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the site. Floodproofing 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 base floodplain shall be provided to
all critical facilities to the extent possible.
Q. Recreational Vehicles. Recreational vehicles placed on sites within zones A1 through A30 and AE on the
community’s FIRM shall either:
1. Be on the site for fewer than 14 consecutive days; and
2. Be fully licensed and ready for highway use, on their wheels or jacking system, be attached to the site only by
quick-disconnect-type utilities and security devices, and have no permanently attached additions; or
3. Meet the requirements of YMC 18.21.080 and the elevation and anchoring requirements for manufactured homes.
R. Floodways. Located within areas of special flood hazard established in Chapter 18.21 YMC are areas designated
as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry
debris, potential projectiles, and erosion potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless
certification by a registered professional engineer or architect is provided demonstrating through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments
shall not result in any increase in flood levels during the occurrence of base flood discharge;
2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for:
a. Repairs, reconstruction, or improvements to a structure, which do not increase the ground floor area; and
b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the
market value of the structure either:
i. Before the repair or reconstruction is started; or
ii. If the structure has been damaged, and is being restored, before the damage occurred.
iii. Work done on structures to comply with existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the administrator and which are the minimum necessary to assure safe
living conditions or to structures identified as historic places shall not be included in the 50 percent determination;
3. If subsection (R)(1) of this section is satisfied, all new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of this chapter.
S. Areas with Base Flood Elevations but No Floodways. In areas with base flood elevations (but a regulatory
floodway has not been designated), no new construction, substantial improvements, or other development (including
fill) shall be permitted within zone 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.
TB. Wetlands Management. To the maximum extent possible, in order to avoid the short- and long-term adverse
impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt
the ability of the wetland to alleviate flooding impacts, the following process should be implemented:
1. Review proposals for development within areas of special flood hazard for their possible impacts on
wetlands located within the floodplain;
2. Ensure that development activities in or around wetlands do not negatively affect public safety, health and
welfare by disrupting the wetlands’ ability to reduce flood and storm drainage;
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3. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland
map information from the National Wetlands Inventory (NWI) can be used in conjunction with the
community’s FIRM to prepare an overlay zone indicating critical wetland areas deserving special attention.
(Ord. 995 § 12 (Exh. A), 2015).
18.21.100Geologically hazardous areas.
A. Designation of Geologically Hazardous Areas. Geologically hazardous areas include areas susceptible to erosion,
sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when
incompatible development is sited in areas of significant hazard. Such incompatible development may not only place
itself at risk, but also may increase the hazard to surrounding development and use.
B. Designation of Specific Hazard Areas.
1. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department of
Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very
severe” rill and inter-rill erosion hazard. Rill or inter-rill are areas subject to sheet wash, or steep-sided channels
resulting from accelerated erosion. Erosion hazard areas are also those areas impacted by shoreland and/or
streambank erosion and those areas within a river’s channel migration zone.
2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a
combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any
combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of
these may include, but are not limited to, the following:
a. Areas of historic failures;
b. Areas with all three of the following characteristics:
i. Slopes steeper than 15 percent;
ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively
impermeable sediment or bedrock; and
iii. Springs or ground water seepage;
c. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or
that are underlain or covered by mass wastage debris of that epoch;
d. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and
fault planes) in subsurface materials;
e. Slopes having gradients steeper than 80 percent, subject to rock fall during seismic shaking;
f. Areas potentially unstable because of rapid stream incision, streambank erosion, and undercutting by
wave action;
g. Areas that show evidence of or are at risk from snow avalanches;
h. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by
debris flows or catastrophic flooding; and
i. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas
composed of consolidated rock. A slope is delineated by establishing its toe and top and is measured by
averaging the inclination over at least 10 feet of vertical relief.
3. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of
earthquake induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface
faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past.
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Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is
primarily affected by:
a. The magnitude of an earthquake;
b. The distance from the source of an earthquake;
c. The type of thickness of geologic materials at the surface; and
d. The type of subsurface geologic structure.
C. Mapping of Geologically Hazardous Areas.
1. The approximate location and extent of geologically hazardous areas are shown on the adopted critical area
maps.
2. These maps are to be used as a guide for the city, project applicants and/or property owners and may be
continuously updated as new critical areas are identified. They are a reference and do not provide a final critical
area designation.
D. Performance Standards – General Requirements.
1. Alterations of geologically hazardous areas or associated buffers may only occur for activities that:
a. Will not increase the threat of the geological hazard to adjacent properties beyond pre-development
conditions;
b. Will not adversely impact other critical areas;
c. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than
pre-development conditions; and
d. Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist,
licensed in the state of Washington.
2. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically hazardous areas unless
there is no other practical alternative.
3. Buffer Requirement. A buffer shall be established from all edges of landslide hazard areas. The size of the
buffer shall be determined by the administrator to eliminate or minimize the risk of property damage, death, or
injury resulting from landslides caused in whole or part by the development, based upon review of and
concurrence with a critical area report prepared by a qualified professional.
a. Minimum Buffer. The minimum buffer shall be equal to the height of the slope.
b. Buffer Reduction. The buffer may be reduced to a minimum of 10 feet when a qualified professional
demonstrates to the administrator’s satisfaction that the reduction will adequately protect the proposed
development, adjacent developments and uses, and the subject critical area.
c. Increased Buffer. The buffer may be increased where the administrator determines a larger buffer is
necessary to prevent risk of damage to proposed and existing development.
4. Alterations. Alterations of an erosion or landslide hazard area and/or buffer may only occur for activities for
which a hazards analysis is submitted and certifies that:
a. The development will not increase surface water discharge or sedimentation to adjacent properties
beyond pre-development conditions;
b. The development will not decrease slope stability on adjacent properties; and
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c. Such alterations will not adversely impact other critical areas.
5. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of vegetation
from an erosion or landslide hazard area or related buffer shall be prohibited.
6. Seasonal Restriction. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that
the city may extend or shorten the dry season on a case-by-case basis depending on actual weather conditions,
except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant to an
approved forest practice permit issued by the city or the Washington State Department of Natural Resources.
7. Utility Lines and Pipes. Utility lines and pipes shall be permitted in erosion and landslide hazard areas only
when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located
above ground and properly anchored and/or designed so that it will continue to function in the event of an
underlying slide. Stormwater conveyance shall be allowed only through a high-density polyethylene pipe with
fuse-welded joints, or similar product that is technically equal or superior.
8. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an
erosion or landslide hazard area shall be prohibited.
9. Division of Land. The division of land in landslide hazard areas and associated buffers is subject to the
following:
a. Land that is located wholly within a landslide hazard area or its buffer may not be subdivided. Land that
is located partially within a landslide hazard area or its buffer may be divided; provided, that each
resulting lot has sufficient buildable area outside of, and will not affect, the landslide hazard or its buffer.
b. Access roads and utilities may be permitted within the landslide hazard area and associated buffers if
the city determines that no other feasible alternative exists; and
E. Prohibited Development. On-site sewage disposal systems, including drain fields, shall be prohibited within
erosion and landslide hazard areas and related buffers. (Ord. 995 § 12 (Exh. A), 2015).
18.21.110Fish and wildlife habitat conservation areas.
A. Designation of Fish and Wildlife Habitat Conservation Areas.
1. Fish and wildlife habitat conservation areas are areas necessary for maintaining species in suitable habitats
within their natural geographic distribution so that isolated subpopulations are not created as designated by
WAC 365-190-080(5). These areas include:
a. Areas with which state or federally designated endangered, threatened, and sensitive species have a
primary association;
i. Federally designated endangered and threatened species are those fish and wildlife species identified
by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of
extinction or threatened to become endangered.
ii. State designated endangered, threatened, and sensitive species are those fish and wildlife species
native to the state of Washington identified by the Washington Department of Fish and Wildlife that
are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to
become endangered or threatened in a significant portion of their range within the state without
cooperative management or removal of threats.
b. State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species
are considered to be priorities for conservation and management. Priority species require protective
measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or
recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with
unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique
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vegetation type or dominant plant species, a described successional stage, or a specific structural element.
Priority habitats and species are identified by the state Department of Fish and Wildlife.
c. Naturally Occurring Ponds under 20 Acres. Naturally occurring ponds are those ponds under 20 acres
and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds
intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do
not include ponds deliberately designed and created from dry sites, such as canals, detention facilities,
wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities,
unless such artificial ponds were intentionally created for mitigation.
d. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground
waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of
Washington.
e. Areas of Rare Plant Species and High Quality Ecosystems. Areas of rare plant species and high quality
ecosystems are identified by the Washington State Department of Natural Resources through the Natural
Heritage Program.
f. Land useful or essential for preserving connections between habitat blocks and open spaces.
2. All areas within the city meeting one or more of these criteria, regardless of any formal identification, are
hereby designated critical areas and are subject to the provisions of this chapter and shall be managed
consistent with the best available science.
3. Mapping. The approximate location and extent of habitat conservation areas are shown on the critical area
maps adopted by the city.
B. Performance Standards – General Requirements.
1. Nonindigenous Species. No plant, wildlife, or fish species not indigenous to the region shall be introduced
into a habitat conservation area unless authorized by a state or federal permit or approval.
2. Mitigation and Contiguous Corridors. Mitigation sites shall be located to preserve or achieve contiguous
wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to
minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is
located within the same aquatic ecosystem as the area disturbed.
3. Approvals of Activities. The administrator shall condition approvals of activities allowed within or adjacent
to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts.
Conditions shall be based on the best available science and may include, but are not limited to, the following:
a. Establishment of buffer zones;
b. Preservation of critically important vegetation and/or habitat features such as snags and downed wood;
c. Limitation of access to the habitat area, including fencing to deter unauthorized access;
d. Seasonal restriction of construction activities;
e. Establishment of a duration and timetable for periodic review of mitigation activities; and
f. Requirement of a performance bond, when necessary, to ensure completion and success of proposed
mitigation.
4. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to habitat conservation
areas shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for
adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each
function affected by the alteration to achieve functional equivalency or improvement on a per function basis.
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5. Approvals and the Best Available Science. Any approval of alterations or impacts to a habitat conservation
area shall be supported by the best available science.
6. Buffers.
a. Establishment of Buffers. The administrator shall require the establishment of buffer areas for activities
adjacent to habitat conservation areas when needed to protect habitat conservation areas. Buffers shall
consist of an undisturbed area of native vegetation or areas identified for restoration established to protect
the integrity, functions, and values of the affected habitat. Required buffer widths shall reflect the
sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby and
shall be consistent with the management recommendations issued by the Washington Department of Fish
and Wildlife. Habitat conservation areas and their buffers shall be preserved in perpetuity through the use
of native growth protection areas and critical area tracts. Native growth protection areas includes area
where native vegetation is preserved for the purpose of preventing harm to property and the environment
including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability,
buffering, and protecting plants and animal habitat.
b. Seasonal Restrictions. When a species is more susceptible to adverse impacts during specific periods of
the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further
restricted during the specified season.
c. Habitat Buffer Averaging. The administrator may allow the recommended habitat area buffer width to
be reduced in accordance with a critical area report, the best available science, and the management
recommendations issued by the Washington Department of Fish and Wildlife, only if:
i. It will not reduce stream or habitat functions;
ii. It will not adversely affect salmonid habitat;
iii. It will provide additional natural resource protection, such as buffer enhancement;
iv. The total area contained in the buffer area after averaging is no less than that which would be
contained within the standard buffer; and
v. The buffer area width is not reduced by more than 25 percent in any location.
7. Divisions of Land. The subdivision and short subdivision of land in fish and wildlife habitat conservation
areas and associated buffers is subject to the following:
a. Land that is located wholly within a habitat conservation area or its buffer may not be subdivided.
b. Land that is located partially within a habitat conservation area or its buffer may be divided; provided,
that the developable portion of each new lot and its access is located outside of the habitat conservation
area or its buffer and meets the minimum lot size requirements.
c. Access roads and utilities serving the proposed may be permitted within the habitat conservation area
and associated buffers only if the city determines that no other feasible alternative exists and when
consistent with this chapter.
C. Performance Standards – Specific Habitats.
1. Endangered, Threatened, and Sensitive Species.
a. No development shall be allowed within a habitat conservation area or buffer with which state or
federally endangered, threatened, or sensitive species have a primary association, except that which is
provided for by a management plan established by the Washington Department of Fish and Wildlife or
applicable state or federal agency.
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b. Whenever activities are proposed adjacent to a habitat conservation area with which state or federally
endangered, threatened, or sensitive species have a primary association, such area shall be protected
through the application of protection measures in accordance with a critical area report prepared by a
qualified professional and approved by the city. Approval for alteration of land adjacent to the habitat
conservation area or its buffer shall not occur prior to consultation with the Washington Department of
Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant
species, and other appropriate federal or state agencies.
c. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules
WAC 232-12-292. Whenever activities are proposed adjacent to a verified nest territory or communal
roost, a habitat management plan shall be developed by a qualified professional. Activities are adjacent to
bald eagle sites when they are within 800 feet or within one-half mile (2,640 feet) and in a shoreline
foraging area. The city shall verify the location of eagle management areas for each proposed activity.
Approval of the activity shall not occur prior to approval of the habitat management plan by the
Washington Department of Fish and Wildlife.
2. Riparian Habitat Areas. Unless otherwise allowed in this chapter, all structures and activities shall be located
outside of the riparian habitat area.
a. Establishment of Riparian Habitat Areas. Riparian habitat areas shall be established for habitats that
include aquatic and terrestrial ecosystems that mutually benefit each other and that are located adjacent to
rivers, perennial or intermittent streams, seeps, and springs.
b. A riparian habitat area width of 150 feet is established along Yelm Creek and Thompson Creek, both
Type 5, intermittent streams with low mass wasting potential as defined in WAC 222-16-031.
c. Increased Riparian Habitat Area Widths. The recommended riparian habitat area widths shall be
increased, as follows:
i. When the administrator determines that the recommended width is insufficient to prevent habitat
degradation and to protect the structure and functions of the habitat area;
ii. When the frequently flooded area exceeds the recommended riparian habitat area width, the riparian
habitat area shall extend to the outer edge of the frequently flooded area;
iii. When the habitat area is within an erosion or landslide hazard area or buffer, the riparian habitat
area width shall be the recommended distance, or the erosion or landslide hazard area or buffer,
whichever is greater.
d. Riparian Habitat Area Width Averaging. The administrator may allow the recommended riparian
habitat area width to be reduced in accordance with a critical area report only if:
i. The width reduction will not reduce stream or habitat functions, including those of nonfish habitat;
ii. The width reduction will not degrade the habitat, including habitat for anadromous fish;
iii. The proposal will provide additional habitat protection;
iv. The total area contained in the riparian habitat area of each stream on the development proposal site
is not decreased;
v. The recommended riparian habitat area width is not reduced by more than 25 percent in any one
location;
vi. The width reduction will not be located within another critical area or associated buffer; and
vii. The reduced riparian habitat area width is supported by the best available science.
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e. Riparian Habitat Mitigation. Mitigation of adverse impacts to riparian habitat areas shall result in
equivalent functions and values on a per function basis, be located as near the alteration as feasible, and be
located in the same subdrainage basin as the habitat impacted.
f. Alternative Mitigation for Riparian Habitat Areas. The performance standards set forth in this
subsection may be modified at the city’s discretion if the applicant demonstrates that greater habitat
functions, on a per function basis, can be obtained in the affected subdrainage basin as a result of
alternative mitigation measures.
3. Aquatic Habitat. The following specific activities may be permitted within a riparian habitat area, pond, lake,
water of the state, and marine habitat or associated buffer.
a. Clearing and Grading. When clearing and grading is permitted as part of an authorized activity or as
otherwise allowed in these standards, the following shall apply:
i. Grading is allowed only during the dry season, which is typically regarded as beginning on May 1st
and ending on October 1st of each year; provided, that the city may extend or shorten the dry season on
a case-by-case basis, determined on actual weather conditions.
ii. Filling or modification of a wetland or wetland buffer is permitted only if it is conducted as part of
an approved wetland alteration.
iii. The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any
soil disturbed shall be redistributed to other areas of the project area.
iv. The moisture-holding capacity of the topsoil layer shall be maintained by minimizing soil
compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project
area not covered by impervious surfaces.
v. Erosion and sediment control that meets or exceeds the standards set forth in the \[locally adopted
stormwater management regulations\] shall be provided.
b. Shoreline Erosion Control Measures. New, replacement, or substantially improved shoreline erosion
control measures may be permitted in accordance with an approved critical area report that demonstrates
the following:
i. Natural shoreline processes will be maintained. The project will not result in increased beach erosion
or alterations to, or loss of, shoreline substrate within one-quarter mile of the project area.
ii. The shoreline erosion control measures will not degrade fish or wildlife habitat conservation areas
or associated wetlands.
iii. Adequate mitigation measures ensure that there is no net loss of the functions or values of intertidal
habitat or riparian habitat as a result of the proposed shoreline erosion control measures.
iv. The proposed shoreline erosion control measures do not result in alteration of intertidal migration
corridors.
c. Streambank Stabilization. Streambank stabilization to protect new structures from future channel
migration is not permitted except when such stabilization is achieved through bioengineering or soft
armoring techniques in accordance with an approved critical area report.
d. Roads, Trails, Bridges, and Rights-of-Way. Construction of trails, roadways, and minor road bridging,
less than or equal to 30 feet wide, may be permitted in accordance with an approved critical area report
subject to the following standards:
i. There is no other feasible alternative route with less impact on the environment;
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Chapter 18.21 CRITICAL AREAS AND RESOURCE
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ii. The crossing minimizes interruption of downstream movement of wood and gravel;
iii. Roads in riparian habitat areas or their buffers shall not run parallel to the water body;
iv. Trails shall be located on the outer edge of the riparian area or buffer, except for limited viewing
platforms and crossings;
v. Crossings, where necessary, shall only occur as near to perpendicular with the water body as
possible;
vi. Mitigation for impacts is provided pursuant to a mitigation plan of an approved critical area report;
vii. Road bridges are designed according to the Washington Department of Fish and Wildlife Fish
Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guidelines for
Salmonid Passage at Stream Crossings, 2000; and
viii. Trails and associated viewing platforms shall not be made of continuous impervious materials.
e. Utility Facilities. New utility lines and facilities may be permitted to cross watercourses in accordance
with an approved critical area report if they comply with the following standards:
i. Fish and wildlife habitat areas shall be avoided to the maximum extent possible;
ii. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the
water body and channel migration zone, where feasible;
iii. The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel in
streams or perpendicular to the channel centerline whenever boring under the channel is not feasible;
iv. Crossings shall be contained within the footprint of an existing road or utility crossing where
possible;
v. The utility route shall avoid paralleling the stream or following a down-valley course near the
channel; and
vi. The utility installation shall not increase or decrease the natural rate of shore migration or channel
migration.
f. Public Flood Protection Measures. New public flood protection measures and expansion of existing ones
may be permitted, subject to the city’s review and approval of a critical area report and the approval of a
federal biological assessment by the federal agency responsible for reviewing actions related to a federally
listed species.
g. Instream Structures. Instream structures, such as, but not limited to, high-flow bypasses, sediment
ponds, instream ponds, retention and detention facilities, tide gates, dams, and weirs, shall be allowed only
as part of an approved watershed basin restoration project approved by the city and upon acquisition of
any required state or federal permits. The structure shall be designed to avoid modifying flows and water
quality in ways that may adversely affect habitat conservation areas.
h. Stormwater Conveyance Facilities. Conveyance structures may be permitted in accordance with an
approved critical area report subject to the following standards:
i. No other feasible alternatives with less impact exist;
ii. Mitigation for impacts is provided;
iii. Stormwater conveyance facilities shall incorporate fish habitat features; and
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iv. Vegetation shall be maintained and, if necessary, added adjacent to all open channels and ponds in
order to retard erosion, filter out sediments, and shade the water.
i. On-Site Sewage Systems and Wells.
i. New on-site sewage systems and individual wells may be permitted in accordance with an approved
critical area report only if accessory to an approved residential structure, for which it is not feasible to
connect to a public sanitary sewer system.
ii. Repairs to failing on-site sewage systems associated with an existing structure shall be
accomplished by utilizing one of the following methods that result in the least impact:
(A) Connection to an available public sanitary sewer system;
(B) Replacement with a new on-site sewage system located in a portion of the site that has
already been disturbed by development and is located landward as far as possible, provided the
proposed sewage system is in compliance with local health regulations; or
(C) Repair to the existing on-site septic system. (Ord. 995 § 12 (Exh. A), 2015).
The Yelm Municipal Code is current through Ordinance 1090, passed October 25, 2022.