16.06.110 General policies and standards.
The following policies and standards shall apply to any development, construction, or use carried out within shoreline jurisdiction:
(1) The ordinary high water mark of a stream or lake, the edge of a wetland, and the outside edges of stream and/or wetland buffers shall be marked on the ground before any development, construction, or use is initiated.
(2) Existing riparian vegetation and any unique or sensitive vegetative species identified on the project site within the stream corridor shall be disturbed to the minimum extent possible.
(3) Nesting areas and other sensitive wildlife habitat identified within a stream corridor shall be disturbed to the minimum extent possible.
(4) Projects within the stream corridor shall be scheduled to occur at times and during seasons having the least impact to spawning, nesting, or other sensitive wildlife activities. Scheduling recommendations from the appropriate state and/or federal agency may be considered.
(5) Storm Water and Erosion Control. Developments that obtain a storm water permit approved by a local, state or federal agency, and transportation projects using storm water manuals that are deemed equivalent to the Eastern Washington Stormwater Manual, are exempt from the requirements below.
(A) Excavation, grading, cut/fills, compaction, and other modifications which contribute to erosion of upland soils shall be confined to the minimum necessary to complete the authorized work and avoid increased sediment load.
(B) The removal of ground-cover vegetation, excavation, and grading shall be scheduled for periods when soils are the least vulnerable to erosion, compaction and movement unless suitable protective measures are used to prevent erosion.
(C) The removal of ground-cover vegetation, excavation, and grading shall be scheduled to ensure the minimal duration of exposed, unprotected soils.
(D) Increases in impervious surface area, compaction of soil, changes in topography, and other modifications of land within a stream corridor which are determined will permanently increase storm water and meltwater runoff into stream channels, drainage ways, and conduits, shall provide on-site or off-site facilities for the detention, control, and filtration of such increases.
(E) The discharge point for controlled storm water and meltwater runoff and other outfall shall be designed and constructed to avoid causing erosion through the use of native riparian vegetation where possible or by reducing velocity, use of rock spillways, riprap, splash plates, or other demonstrably effective means.
(F) Matting or approved temporary ground cover shall be used to control erosion until natural vegetative ground cover is successfully established.
(6) Development, construction, and uses shall not directly or indirectly degrade surface water and groundwater through the introduction of nutrients, fecal coliform, toxins, and other biochemical substances.
(7) Prior to the approval of development, construction, or uses within a designated stream corridor, any existing source of biochemical or thermal degradation identified as originating on the project property or on contiguous properties of the same ownership shall be corrected.
(8) Facilities which use fertilizers, pesticides or herbicides shall use landscaping, low-risk products, application schedules, and other protective methodology to minimize the surface and subsurface transfer of biochemical materials into the stream corridor.
(9) Modifications to natural channel gradient, channel morphology, drainage patterns, and other stream features shall not permanently alter or obstruct the natural volume or flow of surface waters.
(10) Development, construction, or uses within the stream corridor shall not alter or divert flood flows causing channel shift or erosion, increase or accelerate the flooding of upstream or downstream flood hazard areas, or otherwise threaten public or private properties.
(11) Wells located within a stream corridor shall be protectively lined and installed in a deep aquifer with an acceptable minimum hydraulic continuity with either surface waters or a shallow aquifer.
(12) Structures placed in close proximity to the outer edge of bends in stream channels identified as having a high potential to meander shall be located to minimize the hazard from stream undercutting and stream bank erosion stemming from potential future stream migration.
(13) Adjacent communities and the Department of Ecology shall be notified prior to any alteration or relocation of a watercourse and evidence of such notification shall be submitted to the Federal Emergency Management Agency.
(14) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(15) Development, construction, or uses within the hydrologically related critical area that would contribute to the degradation of the functions and values shall be avoided or mitigated using mitigation sequencing as outlined in Section 16.03.100 (Mitigation requirements).
(16) Development shall not obstruct, cut off, or isolate stream corridor features.
(17) Nothing in these regulations shall constitute authority of any person to trespass or in any way infringe upon the rights of private ownership.
(18) If archaeological resources are uncovered during excavation, developers and property owners shall immediately stop work and notify the city of Selah, the Washington State Office of Archaeology and Historic Preservation and any affected Indian tribes. Archaeological sites are subject to Chapter 27.44 RCW (Indian graves and records) and Chapter 27.53 RCW (Archaeological sites and records), and development or uses that may impact such sites shall comply with Chapter 25-48 WAC (Archaeological Excavation and Removal Permit).
(19) The provisions of Chapter 11.19 (Flood Damage Prevention) and Section 11.50.140 (Frequently flooded areas) shall also apply to the development of lots and the placement, construction, or installation of structures in floodways and floodplains.
(20) Any portion of the vegetative buffer temporarily damaged or disturbed as a result of construction activities (excluding approved permanent use areas) shall be repaired at the completion of construction using reclamation standards in Section 16.06.230 (Reclamation).
(21) Changing from an existing use or development which does not meet the provisions of this chapter to a new use shall be reviewed in light of the following:
(A) The conversion will demonstrably reduce impacts to stream corridor and other critical area features; and
(22) Additional General Shoreline Standards. The requirements below shall apply to all activities within shoreline jurisdiction.
(A) Individual projects or actions that, if continued as a pattern, would accumulatively result in the degradation or impairment of the shoreline environment shall be avoided.
(B) Individual projects or actions shall provide for no net loss of shoreline ecological functions.
(C) Shoreline development shall not interfere with public access and enjoyment of any nearby publicly owned land areas.
(D) Outdoor advertising signs must conform to size, spacing and lighting provisions of the Washington State Scenic Vistas Act of 1971, where applicable.
(E) There shall be a thirty-five-foot maximum building height for all structures, except that utility towers and poles, dams, concrete and asphalt batching plants, water treatment towers, wastewater treatment facilities and bridges are not required to meet this standard, and specific height limitations for residential structures are as follows:
(i) Twenty-five feet above average grade level in the conservancy environment;
(ii) Twenty feet above average grade level in the natural environment;
(iii) Twenty-five feet above average grade level in the urban conservancy environment;
(iv) Twenty feet above average grade level in the floodway/channel migration zone.
(F) New development within shoreline jurisdiction shall be located and designed to:
(i) Avoid the need for future shore stabilization, to the extent feasible;
(ii) Avoid or, if that is not possible, to minimize the need for new and maintenance dredging;
(iii) Assure that subdivision lots created will not require shore stabilization in order for reasonable development to occur. The standards should be accomplished using geotechnical analysis of the site and shoreline characteristics, as provided in Section 16.06.190(11) (Additional Shoreline Standards for Shore Stabilization);
(iv) Set back new development on steep slopes or bluffs sufficiently to ensure that shore stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis, as provided in Section 16.06.190(11) (Additional Shoreline Standards for Shore Stabilization);
(v) New development that would require shore stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas shall not be allowed. (Ord. 2123, § 1 (Att.), 2021.)