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(1) Purpose.

(a) The purpose of this chapter, critical areas, is to conserve and protect the values and functions of environmentally sensitive and hazardous areas which contribute to public health, safety, and welfare of the community without violating any citizen’s constitutional rights to the use of property as required by the GMA of 1990 (Chapter 17, Laws of 1990) and the SMA (Chapter 90.58 RCW) through the application of the most current scientific and technical information available.

(b) The City shall regulate in shoreline jurisdiction all uses, activities, and development within, adjacent to, or likely to affect one or more critical areas.

(2) Critical Areas. Critical areas of concern to the City of Pasco within the shoreline jurisdiction include:

(a) Wetlands;

(b) Fish and wildlife habitats;

(c) Aquifer recharge areas;

(d) Flood hazard areas; and

(e) Geologically hazardous areas, such as those subject to landslide and steep slope failures, erosion, seismic events, mine collapse, and volcanic hazards.

(3) Critical Area Categories. The City finds that these critical areas fall into one or both of the following categories:

(a) Critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents; and

(b) Critical areas pose potential threats to human safety or to public and private property.

(4) Intent. The intent of this chapter is to implement the provisions of the GMA, SMA, and the Comprehensive Plan by managing development in harmony with critical areas. This chapter seeks to:

(a) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding;

(b) Protect unique, fragile and valuable elements of the environment, including fish and wildlife and their habitats;

(c) Mitigate unavoidable impacts to environmentally sensitive areas by regulating alterations in and adjacent to critical areas;

(d) Prevent cumulative adverse environmental impacts to water quality and wetlands;

(e) Meet the requirements of the Washington GMA (Chapter 36.70A RCW), and SMA (Chapter 90.58 RCW) with regard to the protection of critical area lands;

(f) Coordinate environmental review and permitting of proposals to avoid duplication and delay of desirable actions.

(5) Most Current Scientific and Technical Information.

(a) WAC 173.26.201(2)(a) requires the City to identify and assemble the most current, accurate, and complete scientific and technical information available regarding the development of policies related to identification of and policies governing management recommendations for critical areas.

(b) Critical area reports, mitigation plans, and decisions to permit the alteration of critical areas within the shoreline jurisdiction shall rely on the most current scientific and technical information to ensure the protection of the ecological functions and values of critical areas, and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish and their habitat.

(c) The most current scientific and technical information that is consistent with criteria established in WAC 173.26.201(2)(a) may include the following:

(i) Critical area maps;

(ii) Maps and reference documents in the City of Pasco’s Inventory, Characterization, and Analysis Report, as applicable;

(iii) U.S. Geological Survey (USGS) topographic quadrangle maps;

(iv) Aerial photographs;

(v) Soil Survey of Franklin County, Washington, by the U.S. Department of Agriculture, Soil Conservation Service;

(vi) National Wetland Inventory maps; and

(vii) WDFW Priority Habitats and Species maps. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.500.]