(1) 
Prior to the review or consideration of any proposed development, construction or use, except those provided under Applicability (Section 16C.01.05), and Minor Activities Allowed Without a Permit (Section 16C.03.05), the County shall consider available information to determine if a critical area is likely to be present. The presence of a critical area found on the paper and electronic maps within or adjacent to the property proposed for development is sufficient foundation for the Administrative Official to require preparation of a critical area identification form, provided by the department, and a preliminary site plan. This critical area identification form and preliminary site plan may be one piece of information used to analyze how a critical area could be affected by a development proposal. To the extent possible, all critical area features must be identified on the critical area identification form and shown on the preliminary site plan prior to the Administrative Official determining whether the development is subject to this title.
(2) 
Upon receipt of a critical area identification form and site plan, the Administrative Official will typically conduct a site examination to review critical area conditions on site. The Administrative Official shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner for the site examination during any proposal review, restoration, emergency action, or monitoring period.
(3) 
The Administrative Official shall review available information pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal. If so, a more detailed critical areas report shall be submitted in conformance with Section 16C.03.17 (Critical Areas Report Requirements) and Section 16C.03.18 (Supplemental Report Requirements for Specific Critical Areas), except as provided below:
(a) 
No critical areas present. If the Administrative Official is able to sufficiently determine that a critical area does not exist within or adjacent to the project area, then a critical areas report is not required;
(b) 
Critical areas present, but no impact. If the Administrative Official is able to determine the existence, location and type of critical area sufficiently to indicate that the project area is not within or adjacent to the critical area and that the proposed activity is unlikely to degrade the functions or values of the critical area, then the Administrative Official may waive the requirement for a critical areas report. A summary of the determination shall be included in any staff report or decision on the permit or review;
(c) 
Critical areas may be affected by proposal. If the project area is within or adjacent to a critical area or buffer the Administrative Official may waive the requirement for a critical areas report if:
(i) 
The Administrative Official is sufficiently able to determine the existence, location and type of the critical area;
(ii) 
The project is of a small scale or is uncomplicated in nature, such that a specialist is not needed to identify impacts and mitigation. Work within a wetland, stream channel, or a vegetative buffer would generally not meet this provision;
(iii) 
The applicant agrees to provide mitigation that the Administrative Official deems adequate, with consultation from resource agencies, to mitigate for anticipated impacts. Restoration of degraded areas may serve as mitigation; and
(iv) 
A summary of the determination shall be included in any staff report or decision on the permit or review;
(d) 
If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances;
(e) 
As guidance on the practical application of the requirement for critical areas reports, reports will generally fall into the following groups based on increasing complexity and cost of the report:
(i) 
Determining the absence of a critical area (sometimes resulting when initial indicators show the likely presence of a critical area);
(ii) 
Determining the existence, location and type of a critical area;
(iii) 
Determining impacts of an encroachment on a critical area and general mitigation measures;
(iv) 
Developing a compensatory mitigation plan for replacement or mitigation of lost wetland or stream channel area.
(Ord. 13-2007 § 1 (Exh. A)(16C.03.02), 2007; Ord. 6-2011 § 2 (Exh. A) (part), 2011; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 8-2021 § 2(C) (Exh. 1), 2021)
Any new development, construction or use falling under the provisions of this title shall be subject to a pre-application conference, except that project review for flood hazards shall follow the pre-application requirements established to administer Chapters 16C.05.20 through 16C.05.72 (Flood Hazard Areas). The department shall schedule a pre-application conference for as soon as is reasonably possible to allow attendance by the project proponent and necessary staff. To assist in project review and discussion, prior to the pre-application conference, the project proponent must submit a preliminary site plan showing the nature and scope of the proposed project along with any existing features of the property having a relationship to the project. The pre-application conference is intended to allow the Administrative Official to:
(1) 
Establish the scope of the project and the critical area features involved or potentially impacted;
(2) 
Consider the degree to which the project may affect or impair a designated critical area and identify potential concerns that may arise;
(3) 
Identify other permits and authorizations which the project proponent may need to obtain;
(4) 
Determine whether the project will be processed through the development authorization procedures of this title or coordinated through the review and approval procedures of another development permit or authorization required of the project from Yakima County;
(5) 
Provide the proponent with resources and technical assistance (such as maps, scientific information, other source materials, etc.) to assist the proponent in meeting the provisions of this title and any applicable rules and regulations of other agencies and jurisdictions;
(6) 
Determine whether there is a need for a preliminary site assessment or a technical assistance conference to better define the critical area issues and alternatives;
(7) 
Determine whether the project requires a permit, and what type of permits or reviews may be needed. Final determination of necessary permits will be made based on the project design and submittal materials;
(8) 
Consider whether a preliminary site assessment should be scheduled in the field to determine the applicability of the development standards of this title to the project, based on information contained in the preliminary site plan.
(Ord. 13-2007 § 1 (Exh. A)(16C.03.03), 2007; Ord. 6-2011 § 2 (Exh. A) (part), 2011; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 8-2021 § 2(C) (Exh. 1), 2021)
If requested by the project proponent or otherwise determined necessary, the department will arrange a meeting of representatives of those agencies and organizations with expertise, interest, or jurisdiction in the project. In conjunction with the invitation to attend the technical assistance conference, the department will provide the potential participants with a project summary compiled from the pre-application conference. The technical assistance conference may also involve a preliminary site assessment, if it is determined that resolution of issues related to the project can be achieved through an on-site review. The purpose of the technical assistance conference will be to:
(1) 
Confirm and define the requirements of any other applicable local, state or federal regulations;
(2) 
Clarify any identified procedural or regulatory conflicts and define the alternative courses of action available to the applicant in addressing project requirements;
(3) 
Determine whether compliance with other existing statutes and regulations will adequately address the provisions of this title;
(4) 
Provide the proponent with guidance, available data and information that will assist in complying with the provisions of this title and other ordinances and regulations;
(5) 
Provide the proponent with guidance concerning project modifications or site enhancements that would eliminate or minimize impacts to the critical area;
(6) 
Provide the proponent with alternatives for securing data, information, or assistance necessary to the project but not available through the pre-application conference;
(7) 
Determine whether a critical area report is necessary, and if so, the qualifications, skills and expertise required of a consultant to perform the special study.
(Ord. 13-2007 § 1 (Exh. A)(16C.03.04), 2007; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 8-2021 § 2(C) (Exh. 1), 2021)