(Ord. 6-1984 Part 3 § 1, 1984; 1 (part), 1998; Ord. 13-1998 § 1 Exh; Ord. 4-2012 § 2 (Exh. A) (part), 2012)
Yakima County establishes the following exempt levels for minor new construction under WAC 197-11-800(1) (b and c) based on local conditions, except when undertaken wholly or partly on lands covered by water as defined by WAC 197-11-756:
(1) 
For the construction or location of any residential structures in WAC 197-11-800(1)(b)(i);
(a) 
A maximum of twenty (20) residential dwelling units within Urban Growth Areas;
(b) 
A maximum of twenty (20) residential dwelling units outside Urban Growth Areas:
(c) 
This residential structures exemption shall apply only to the construction or location of dwelling units and not to minor land use decisions concerning the division of land established by SEPA rule.
(2) 
For the construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure and to be used only by the property owner or his or her agent in the conduct of farming the property in WAC 197-11-800(1)(b)(ii):
(a) 
A maximum of 30,000 square feet for projects located within Urban Growth Areas.
(b) 
A maximum of 30,000 square feet for projects outside Urban Growth Areas.
(c) 
This exemption shall not apply to feed lots as provided in WAC 197-11-800(1)(b)(ii).
(3) 
For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii):
(a) 
A maximum of 12,000 square feet of gross floor area, and with associated parking facilities designed for a maximum of forty (40) automobiles for projects located in all Zoning Districts within Urban Growth Areas.
(b) 
A maximum of 12,000 square feet gross floor area, and with associated parking facilities designed for a maximum of forty (40) automobiles for projects located in all Zoning Districts outside Urban Growth Areas.
(4) 
For the construction of parking lots in WAC 197-11-800(1)(b)(iv) designed for a maximum of forty (40) automobiles for projects located in all Zoning Districts both within and outside Urban Growth Areas.
(5) 
For landfills and excavations in WAC 197-11-800(1)(b)(11): A maximum of 500 cubic yards throughout the total lifetime of the fill or excavation in all Zoning Districts both within and outside Urban Growth Areas.
(Ord. 6-1984 Part 3 § 2, 1984; 1 § 1, 1986; Ord. 6-1984 Mod; 1 (part), 1998; Ord. 13-1998 § 1 Exh; Ord. 4-2012 § 2 (Exh. A) (part), 2012)
The following non-project actions are categorically exempt from RCW 43.21C:
(1) 
Amendments to development regulations that:
(a) 
Are required to ensure consistency with:
(i) 
RCW 36.70A (The Growth Management Act), where the comprehensive plan was previously subjected to environmental review and the impacts associated with the proposed regulation were specifically addressed in the prior environmental review;
(ii) 
90.58, the Shoreline Management Act where the Shoreline Master Program was previously subjected to environmental review and the impacts associated with the proposed regulation were specifically addressed in the prior environmental review;
(iii) 
Minimum standards of technical codes, including:
(A) 
Building codes required by 19.27 RCW;
(B) 
Energy codes required by 19.27A RCW; and
(C) 
Electrical codes required by 19.28 RCW;
(b) 
Upon implementation of a project action, will provide increased environmental protection as limited by statute.
(Ord. 4-2012 § 2 (Exh. A) (part), 2012)
(1) 
Upon receipt of a proposal, the Responsible Official shall determine whether the proposal is categorically exempt. This determination shall be made based on applicable SEPA provisions, including but not limited to the definition of action (WAC 197-11-704), the process for determining categorical exemption (WAC 197-11-305), and any designation of environmentally sensitive or critical areas. The Responsible Official's determination that a proposal is exempt shall be final and not subject to administrative appeal or review. If a proposal is exempt, none of the procedural requirements of this Chapter apply to the proposal. An action that is exempt may not be conditioned or denied under this Chapter. The County shall not require completion of an environmental checklist for an exempt proposal.
(2) 
In determining whether or not a proposal is exempt, the Responsible Official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and non-exempt actions, the Responsible Official shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
(3) 
If a proposal includes both exempt and non exempt actions, the Responsible Official may authorize exempt actions prior to compliance with the procedural requirements of this Chapter, except that:
The Responsible Official shall not give authorization under this Subsection for:
(a) 
Any nonexempt action;
(b) 
Any action that would have an adverse environmental impact;
(c) 
Any action that would limit the choice of alternative(s).
(4) 
The Responsible Official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved.
(5) 
The Responsible Official may withhold approval of an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
(Ord. 6-1984 Part 3 § 3, 1984; Ord. 5-1996 § 5, 1996; 1 (part), 1998; Ord. 13-1998 § 1 Exh; Ord. 4-2012 § 2 (Exh. A) (part), 2012)
(1) 
Except as provided in Subsection (5) below, a completed environmental checklist substantially in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempt in this Chapter; except, a checklist is not needed if the County and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The Responsible Official shall use the environmental checklist to determine whether the County should be the lead agency and, if the County is the lead agency, for making the threshold determination.
(2) 
For private proposals, the County will require the applicant to complete the environmental checklist, providing assistance as the County determines necessary. For County proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
(3) 
The County may require that it or a consultant of its own choosing in consultation with the applicant, and not the private applicant, will complete all or part of the environmental checklist for a private proposal if the County has technical information on a question or questions that is unavailable to the private applicant, or the applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(4) 
For all proposals for which the County is the lead agency, the Responsible Official of the County shall make the threshold determination pursuant to the criteria and procedures of WAC 197-11-310 through 340, subject to the appeal procedures of Section 16.04.240 of this Chapter and YCC Title 16B.06.070.
(5) 
For projects submitted as planned actions under WAC 197-11-164, the County shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with, or as part of, a planned action ordinance or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty-day review prior to use.
(Ord. 6-1984 Part 3 § 4, 1984; 1 (part), 1998; Ord. 13-1998 § 1 Exh; Ord. 4-2012 § 2 (Exh. A) (part), 2012)
(Ord. 6-1984 Part 3 § 5, 1984; 1 (part), 1998; Ord. 13-1998 § 1 Exh; Ord. 4-2012 § 2 (Exh. A) (part), 2012)