(1) 
The following activities are included under Section 16C.01.05(1) (Applicability) and are allowed without a permit:
(a) 
Maintenance of existing, lawfully established areas of crop vegetation, landscaping (including paths and trails) or gardens within a regulated critical area or its buffer. Examples include harvesting or changing crops, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls, are not covered in this provision and are subject to review;
(b) 
Minor maintenance and/or repair of lawfully established structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, re-roofing, etc. Maintaining canals, ditches, drains, wasteways, etc. without expanding their original configuration is not considered additional earthwork. Repair of levees operated by the Yakima County Flood Control Zone District, as long as the original dimensions and location are maintained, is not considered additional earthwork. All cleared materials shall be placed outside the stream corridor, wetlands, and buffers;
(c) 
Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research;
(d) 
Creation of unimproved private trails that do not cross streams or wetlands that are less than two (2) feet wide and do not involve placement of fill or grubbing of vegetation;
(e) 
Planting of native vegetation;
(f) 
Noxious weed control outside vegetative buffers identified in Chapter 16C.06.16, except for area wide vegetation removal/grubbing;
(g) 
Noxious weed control within vegetative buffers, if the criteria listed below are met. Control methods not meeting these criteria may still apply for a development authorization as applicable:
(i) 
Hand removal/spraying of individual plants only;
(ii) 
No area wide vegetation removal/grubbing;
(h) 
Agricultural and other accessory uses or structures that maintain the existing natural vegetation (rangeland, grazing, stock fences, outdoor recreation, etc.).
(i) 
The restoration of critical areas for habitat restoration projects that do not include excavation or fill.
(Ord. 13-2007 § 1 (Exh. A)(16C.03.05), 2007; Ord. 2-2009 § 2 (Exh. A (3)), 2009; Ord. 1-2011 § 2 (Exh. A (2A)), 2011; 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)
(1) 
All developments 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 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, such as project redesign, relocation, or timing, 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 during the life of the action;
(e) 
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;
(f) 
Monitoring the impact and taking appropriate corrective measures.
(2) 
Mitigation for individual actions may include a combination of the above measures.
(3) 
Unless otherwise provided in this title, 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 in accordance with an approved Mitigation Plan. Mitigation shall not be implemented until after approval of the Mitigation Plan.
(4) 
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. When necessary, mitigation may be provided that is out-of-kind and/or off-site.
(Ord. 13-2007 § 1 (Exh. A)(16C.03.10), 2007; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 8-2021 § 2(C) (Exh. 1), 2021)