The following provisions shall apply to the location and construction of roads, railroads and parking within shorelines:
(1) 
Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor, or where existing development, topography, and other conditions preclude locations outside the stream corridor.
(a) 
Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.
(b) 
Roadways that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor.
(c) 
Roadways within the stream corridor shall not hydrologically obstruct, cut-off or isolate stream corridor features.
(2) 
Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade, or shall be transported outside the corridor.
(3) 
Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood-prone.
(4) 
Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor.
(5) 
Bridges and water-crossing structures shall not constrict the stream channel or impede the flow of the ordinary high water, sediment and woody debris.
(6) 
Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings, unless the use of culverts is demonstrated to be the only technically feasible means for crossing. The use of bridges shall be the preferred means to preserve natural streams and drainageways. Where bridges are not feasible, large, natural bottom culverts, multi-plate pipes and bottomless arches shall be used.
(7) 
The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways, unless doing so conflicts with subsections (1) and (2), and shall be sized to accommodate ordinary high water, and shall terminate on stable, erosion-resistant materials.
(8) 
Where fish, amphibian or other wildlife passage is present, culverts shall be designed and constructed to specifications provided through the Washington State Aquatic Habitat Guidelines or a comparable source of expertise.
(9) 
At least one end of a wood stringer bridge shall be anchored to prevent it from being washed away during high water.
(10) 
Roads must be designed and constructed using established flood resistant design and construction methods when they may be subject to damage by flood waters.
(11) 
Roads and bridges within floodways must meet the requirements of section 16D.05.36.010 subsections (2) and (7).
(12) 
Additional Shoreline Standards for Roads, Railroads and Parking. The standards in this section only apply to new uses within shoreline jurisdiction.
(a) 
Parking areas shall be located upland of the areas they serve.
(b) 
Owners of two or more adjoining uses, structures or parcels of land may utilize jointly the same parking area when the hours of operation do not overlap.
(c) 
A conditional use permit for roads, railroads or parking areas must demonstrate through social, economic, environmental, and engineering studies that a shoreline location is the most feasible of the available options.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B § 29), 2010)
The following provisions shall apply to the location, construction, or installation of utility transmission lines and facilities (such as those for wastewater, water, communication, natural gas, etc.) within a designated hydrologically related critical area:
(1) 
Utility transmission lines and facilities shall be permitted within the stream corridor only where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor.
(a) 
Utility transmission lines and facilities across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.
(b) 
The construction of utility transmission lines and facilities within a stream corridor shall be designed and located to ensure minimum disruption to the functional properties specified under Section 16D.06.05 (Functional Properties) of this title.
(2) 
Utility lines under streams and wetlands shall be placed in a sleeve casing to allow easy replacement or repair with minimal disturbance to the stream corridor.
(3) 
Buried utility transmission lines crossing a stream corridor shall be buried a minimum of four feet below the maximum scour or 1/3 of the bankfull depth of the waterway, whichever is greater, and for a similar depth below any associated floodway and floodplain to the maximum extent of potential channel migration as determined by hydrologic analysis.
(4) 
Wherever possible, new aboveground installations shall use available, existing bridge and utility locations and stream corridor crossings as opposed to creating new locations and stream corridor crossings.
(5) 
Aboveground electrical support towers and other similar transmission structures shall be located as far upland as is practical.
(6) 
Transmission support structures shall be located clear of high flood velocities, located in areas of minimum flood depth which require the least floodproofing, and shall be adequately floodproofed.
(7) 
Underground utility transmission lines shall be constructed so they do not alter, intercept or dewater groundwater patterns that support streams, wetlands and hyporheic flow.
(8) 
All new and replacement water supply systems and wastewater systems within a special flood hazard area must meet the requirements of 16D.05.28.010(2) (re: infiltration or discharge into or out of the system).
(9) 
Utility transmission lines within the floodway fringe shall meet the standards of 16D.05.32.010(2).
(10) 
Utility transmission lines within the floodway shall meet the standards of 16D.05.36.010(2).
(11) 
Additional Shoreline Standards for Utility Transmission Lines and Facilities. The requirements below shall apply to all utility transmission lines and facilities within shoreline jurisdiction. Utility services to individual projects undergoing shoreline review, including those where the primary use may be in a different shoreline environment than the utility service shall not require separate substantial development permits for utility service installations, but are subject to all of the provisions in 16D.06.18 (Utility Transmission Lines and Facilities), except those listed below. Utility service to projects outside shoreline jurisdiction are subject to normal shoreline permitting, and are subject to all of the provisions in 16D.06.18 (Utility Transmission Lines and Facilities), except those listed below.
(a) 
Where feasible utilities shall be placed underground unless such undergrounding would be economically or technically prohibitive.
(b) 
New utility facilities shall be designed and located to preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses, especially recreation, residential and public access.
(c) 
Expansion, updating, and maintenance of existing facilities is allowed but shall be designed to be located to avoid adverse impacts to shoreline resources as much as possible.
(d) 
Permit applications shall meet the following submittal review standards:
(i) 
Applications shall submit studies (social, economic, environmental, engineering, etc.) to demonstrate that a shoreline location is the most feasible of the available options.
(ii) 
Applications to locate transmission lines shall submit a location plan that shows existing utility routes in the vicinity of the proposed transmission line. Failure of utility lines to follow existing routes, where feasible, shall cause denial of the application.
(iii) 
Applications shall include a reclamation plan that provides for re-vegetation and protection of shoreline areas from erosion and siltation. A re-vegetation or erosion protection plan judged by the administrative official to be insufficient for the protection or restoration of the shoreline environment shall cause denial of the application.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B § 30), 2010)
The following provisions shall apply to shore stabilization projects:
(1) 
Shore stabilization projects shall be allowed only where there is evidence of erosion which clearly represents a threat to existing property, structures, or facilities, and which stabilization will not jeopardize other upstream or downstream properties.
(2) 
Stabilization projects shall be developed under the supervision of, or in consultation with, agencies or professionals with appropriate expertise.
(3) 
Stabilization projects shall be confined to the minimum protective measures necessary to protect the threatened property.
(4) 
The use of fill to restore lost land may accompany stabilization work, provided the resultant shore does not extend beyond the new ordinary high water mark, finished grades are consistent with abutting properties, a restoration plan is approved for the area, and the fill material is in compliance with Section 16D.06.21 (Filling).
(5) 
Stabilization projects shall use design, material, and construction alternatives that do not require high or continuous maintenance and which prevent or minimize the need for subsequent stabilization to other segments of the shore. Junk car bodies and other unsuitable debris are not to be used in shore stabilization projects.
(6) 
Stream bank and lakeshore protection shall be accomplished using bioengineered (biotechnical) designs employing living plant materials as primary structural components of resistance to erosion and mass wasting, unless a report prepared by a qualified engineer experienced in soil bioengineering (biotechnical) and shoreline protection demonstrates that conventional structural armoring is the only feasible means of stabilizing the subject stream bank or lakeshore.
(7) 
Applications to construct or enlarge dikes or levees shall meet the requirements of 16D.05.36.010(6).
(8) 
Revetments and bulkheads shall be no higher than necessary to protect and stabilize the shore.
(9) 
Breakwaters shall be constructed of floating or open-pile designs rather than fill, riprap, or other solid construction methods.
(10) 
All new flood control projects shall define maintenance responsibilities and a funding source for operations, maintenance, and repairs for the life of the project.
(11) 
Additional Shoreline Standards for Shore Stabilization. The requirements below shall apply to all shore stabilization activities within shoreline jurisdiction.
(a) 
Where feasible, dikes and levees shall be located outside of the floodway or channel migration zone of the river or stream in order to minimize any attendant increase in water stage and stream flow velocity over existing conditions.
(b) 
Riprapping and other shore stabilization measures shall be designed, located, and constructed in such a manner as to minimize the disruption of natural channel characteristics.
(c) 
Where a geotechnical analysis or report is required, it shall meet the provisions of 16D.03.18(6) (flood hazard reduction and shore modification in shoreline jurisdiction).
(d) 
When structural flood hazard reduction and shore stabilization measures are necessary, they shall be located and designed to meet the provisions of 16D.03.18(6) (flood hazard reduction and shore modification in shoreline jurisdiction).
(e) 
Demonstration of Necessity. New structural shore stabilization measures shall not be allowed except when necessity is demonstrated in the following manner:
(i) 
New or enlarged structural stabilization measures for an existing primary structure, including residences, shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by currents or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shore stabilization.
(ii) 
Erosion control structures in support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply:
(A) 
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
(B) 
Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
(C) 
The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as tidal action, currents, and waves.
(iii) 
Erosion control structures in support of water-dependent development when all of the conditions below apply:
(A) 
The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.
(B) 
Nonstructural measures, planting vegetation, or installing on-site drainage improvements are not feasible or not sufficient.
(C) 
The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.
(f) 
Erosion control structures to protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to the Model Toxics Control Act (70.105D RCW) shall not be allowed unless there is conclusive evidence, documented by a geotechnical analysis that demonstrates that nonstructural measures such as planting vegetation, or installing on-site drainage improvements, is not feasible or not sufficient.
(g) 
An existing shore stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion. For purposes of this section standards on shore stabilization measures, "replacement" means the construction of a new structure to perform a shore stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shore stabilization measures shall be considered new structures under paragraph (e) above.
(i) 
Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shore stabilization structure.
(ii) 
Soft shore stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B § 31), 2010)
The following provisions shall apply to dredging and excavation within a designated hydrologically related critical area:
(1) 
Dredging in surface waters shall be allowed only where necessary because of existing navigation needs, habitat restoration or improvement, maintenance or construction of water-dependent uses.
(2) 
Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.
(3) 
Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.
(4) 
Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.
(5) 
Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage.
(6) 
Dredging and excavation shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
(7) 
Dredge spoils are also considered fill, and shall not be deposited within the stream except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions.
(8) 
Additional Shoreline Standards for Dredging and Excavation. The requirements below shall apply to all dredging and excavation activities within shoreline jurisdiction.
(a) 
All applications for substantial development permits that include dredging shall supply a dredging plan that includes the following information:
(i) 
The quantity of material to be removed.
(ii) 
The method of removal.
(iii) 
Location of spoil disposal sites and measures that will be taken to protect the environment around them.
(iv) 
Plans for the protection and restoration of the shoreline environment during and after dredging operations.
(b) 
A dredging operation judged by the Administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a substantial development permit.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)
The following provisions shall apply to filling activities within shorelines:
(1) 
Fill within surface waters or wetlands shall be allowed only where necessary in conjunction with water-dependent uses, or an approved reclamation plan under Section 16D.06.23 (Reclamation) or approved compensatory mitigation plan under Section 16C.03.17(13).
(2) 
Fill for the purpose of increasing elevation may be permitted if such can be accomplished in a manner consistent with the policies of this chapter.
(3) 
Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods.
(4) 
Fill in floodplains shall meet the requirements of Chapters 16D.05.20 through 16D.05.72.
(5) 
Pile or pier supports shall be preferred over fill for water-dependent uses and facilities.
(6) 
Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality.
(7) 
Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
(8) 
Fill shall be stabilized with native vegetation where appropriate to prevent erosion, migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless technical consultation with other regulating agencies indicates alternative means are required.
(9) 
Projects that propose fill shall make every effort to acquire fill on site (also known as compensatory storage) where appropriate.
(10) 
Fill should not obstruct, cut off, or isolate stream corridor features.
(11) 
Additional Shoreline Standards for Fill. The requirements below shall apply to all filling activities within shoreline jurisdiction.
(a) 
Fill projects shall be evaluated for effects on total water surface reduction, navigation restriction, impediment to water flow and circulation, impediment to irrigation systems, reduction of water quality, and destruction of fish and wildlife habitat.
(b) 
Applications shall include a reclamation plan that provides for re-vegetation and protection of shoreline areas from erosion and siltation. A re-vegetation or erosion protection plan judged by the administrative official to be insufficient for the protection or restoration of the shoreline environment shall cause denial of a substantial development permit.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B § 32), 2010)
The following provisions shall apply to the commercial mining of gravels within shorelines:
(1) 
Prior to the authorization of a commercial gravel mining operation, the project proponent shall provide maps to scale which illustrate the following:
(a) 
The extent to which gravel excavation and processing will affect or modify existing stream corridor features, including existing riparian vegetation;
(b) 
The location, extent and size in acreage of any pond, lake, or feature that will be created as a result of mining excavation;
(c) 
The description, location, and extent of any proposed subsequent use that would be different than existing uses.
(2) 
The operations and any subsequent use or uses shall not cause permanent impairment or loss of floodwater storage, wetland, or other stream corridor features. Mitigation shall provide for the feature's replacement at equal value.
(3) 
Any surface mining allowed within the floodway shall meet the standards of 16D.05.36.010(1).
(4) 
Except where authorized by Yakima County in consultation with the State Department of Fish and Wildlife and Department of Ecology, the following shall apply:
(a) 
The excavation zone for the removal of gravels shall be located a minimum of one hundred feet upland from the ordinary high water mark (OHWM) of the stream channel.
(b) 
Equipment shall not be operated, stored, refueled, or provided maintenance within one hundred feet of the OHWM.
(c) 
Gravel washing, rock-crushing, screening, or stockpiling of gravels shall not occur within one hundred feet of the OHWM.
(5) 
Mining proposals shall be consistent with the Washington Department of Natural Resources Surface Mine Reclamation standards (WAC 332-18, RCW 78.44).
(6) 
Additional Shoreline Standards for Industrial Mining of Gravels. The requirements below shall apply to all mining activities within shoreline jurisdiction.
(a) 
Applicants shall submit a mining and reclamation plan to the Administrator describing the proposed site, quantity of material to be removed, method of removal, and measures that will be taken to protect lakes and streams from siltation and sedimentation. A surface mining plan or a reclamation plan judged by the administrative official to be insufficient for protection or restoration of the shoreline environment shall cause denial of a substantial development permit.
(b) 
Mining processing activities and stockpiles shall be sited in such a manner so as to avoid damage or loss resulting from flooding.
(c) 
Mining processing activities shall utilize existing and/or new vegetation where necessary to minimize visual and noise impacts.
(d) 
New mining and associated activities shall assure that proposed subsequent use of the mined property is consistent with the provisions of the environment designation and that reclamation of disturbed shoreline areas provides appropriate ecological functions consistent with the setting.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B § 33), 2010)
The following guidelines shall apply to the reclamation of disturbed sites resulting from development activities within a designated hydrologically related critical area:
(1) 
Development, construction, or uses shall include the timely restoration of disturbed features to a natural condition or to a stabilized condition that prevents degradation within the stream corridor.
(2) 
Large-scale projects or projects extending over several months shall be phased to allow reclamation of areas where work or operations have been completed.
(3) 
Reclamation shall be scheduled to address precipitation, meltwater runoff, growing season, and other seasonal variables that influence restoration and recovery.
(4) 
Topography shall be finished to grades, elevations, and contours consistent with natural conditions in adjacent and surrounding areas.
(5) 
Where existing development and construction prevent the return of a site to its natural condition, sites may be finished to conditions comparable to surrounding properties provided suitable protective measures are used to prevent stream corridor degradation.
(6) 
Cut-and-fill slopes shall be stabilized at, or at less than, the normal angle of repose for the materials involved.
(7) 
The replacement or enhancement of vegetation within wetlands and required vegetative buffers shall use naturally occurring, native plant species. In other parts of the stream corridor, naturally occurring, native plant species shall be used, unless a showing of good cause acceptable to the administrative official is provided, in which case self-maintaining or low-maintenance plant species compatible with native vegetation shall be preferred over non-native and high-maintenance species.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)