11.50.040 Applicability – Regulated activities.
(a) All persons proposing development in a critical area or its buffers must first submit an application pursuant to this chapter, except as exempted pursuant to Section 11.50.050. These critical area protections shall apply as an overlay to zoning and other land use regulations established by the city.
(1) Any new development, construction or use within the city that lies within a critical area as defined herein shall comply with the provisions of this chapter. No action shall be taken by any person that results in the alteration or modification of any critical area except as consistent with the requirements, objectives and intent of this chapter.
(2) Where two or more types of critical areas overlap, requirements for the development shall be consistent with the standards for each critical area.
(3) These critical area regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA), as locally adopted. Any conditions required pursuant to this chapter may be included in the SEPA review and threshold determination.
(4) The city shall provide the Yakama Nation with notice and a reasonable opportunity to comment on development applications which propose development in a critical area or its buffer area, with the exception of projects that are exempt under Section 11.50.050.
(b) To avoid duplication, the following permits and approvals shall be subject to and coordinated with the requirements of this chapter: land clearing; grading; subdivision or short subdivision; building permit, planned development (when permitted by city code); shoreline substantial development; variance, Class 1, 2 or 3 use; and any other permits that may lead to the development or alteration of land.
(c) Administrative actions, such as rezones, annexations, and the adoption of plans and programs, shall be subject to the requirements of this chapter. However, the city administrator, in the exercise of his or her discretion, may permit any studies or evaluations required by this chapter to use methodologies and provide a level of detail appropriate to the administrative action proposed. (Ord. 2124, § 2 (Att.), 2021.)