UNOFFICIAL PLAIN-TEXT EXTRACT FOR SEARCHING. THE PDF IS THE OFFICIAL VERSION. Document: 2026 Draft Critical Areas Code (CAO) Amendments Table, City Council Public Hearing - October 14, 2026 (48 pages), City of Walla Walla. Official PDF, Council packet (Item 6E, updated 10.09.2026): https://agendas.ci.walla-walla.wa.us/docs/2026/ccreg/20261014_4784/6053_2026_Draft_Critical_Areas_Amendments_Table_-_Updated_10.09.2026.pdf Official PDF, City CAO page copy (the source of this extract): https://www.wallawallawa.gov/home/showpublisheddocument/12498/639245384228670000 Extracted 2026-10-10 by CreekChecker, an unofficial resident-built site. Text extraction loses bold (new text) and strikeout (deleted text) formatting and some word spacing. Check every quote against the PDF. ==================================================================================================== FULLTEXT PAGES=48 ===== PAGE 1 ===== 1 202 6 Draft Critical Areas Code (CAO) Amendm ents Table City Council Public Hearing – October 1 4 , 202 6 K EY : B OLD ( NEW ) S TRIKEOUT ( PROPOSED DELETION ) C ATEGORIES : O UTDATED , C LARIFICATION , S TATE M ANDATE D WWMC Section Proposed Amendment Category and Notes Title 2 1 : Environment Chapter 2 1 . 04 .005 ( B) Critical Areas Purpose B. This chapter is to implement the goals, policies, guidelines, and requirements of the city of Walla Walla ("city") urban area comprehensive plan and the Growth Management Act. Development regulations must protect all functions and values of critical areas to ensure no net loss of ecological functions and values. The city must give special consideration to conservation and protection measures necessary to preserve or enhance anad romous fisheries (WAC 365 - 190 - 080). State Mandate d RCW 36.70A.172 21.04.015 Critical Areas Applicability Figure 1 Outdated ===== PAGE 2 ===== 2 WWMC Section Proposed Amendment Category and Notes Chapter 2 1 . 04.020 Critical Areas Definitions "Best available science" means current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365 - 195 - 900 through 365 - 195 - 925. Sources of best available science are included in "Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas" published by the state Office of Community Development. The Washington State Department of Commerce’s Critical Areas Handbook ; A Handbook for Reviewing Critical Areas Regulations . "Critical aquifer recharge areas" means areas designated by WAC 365 - 190 - 080(2) 100 that are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365 - 190 - 030(2). and are areas with geologic conditions associated with critical recharging of aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge . "Erosion hazard areas" means at least are those areas identified by the containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service as having a Soil Survey Program , may experience significant erosion, including severe rill and inter - rill erosion hazard. Erosion hazard areas also include channel migration zones in WAC 365 - 190 - 030. “Frequently flooded areas” as defined in WAC 365 - 190 - 030 means lands in the flood plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, wetlands, and areas where high groundwater forms ponds on the ground surface. State Mandated and Clarification RCW 36.70A.172 And WDFD Comments ===== PAGE 3 ===== 3 WWMC Section Proposed Amendment Category and Notes " Groundwater" means water in a saturated zone or stratum beneath the surface of land or a surface water body ; . whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves as defined in WAC 173 - 100 - 040. “ Habitats of Local Importance. ” These areas include a seasonal range or habitat element with which a given species has a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited in availability or high vulnerab ility le to change alterations , such as cliffs, talus, and wetlands as defined in ( WAC 365 - 190 - 030. ) "Hazard areas" means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, extreme slopes, or other geological condition s . "Landslide hazard areas" means as defined in WAC 365 - 190 - 120, includes areas that are potentially subject to landslides based on risk of mass movement due to a combination of geologic landslide resulting from a combination of geologic , topographic, and hydrologic factors. The y se include areas are typically susceptible to landslides because of a combination of factors including: bedrock, soil, slope gradient, slope aspect, geologic structure, hydrology ground water, or other factors , and include, at a minimum, the following: 1. Areas of historic failures, such as: a. Those areas delineated by the United States Department of Agriculture Natural Resources Conservation Service as having a significant limitation for building site development; b . Areas designated as quaternary slumps, earthflows, mudflows, lahars, ===== PAGE 4 ===== 4 WWMC Section Proposed Amendment Category and Notes or landslides on maps published by the United States Geological Survey or Washington D epartment of N atural R esources. 2. Areas with all three of the following characteristics: a. Slopes steeper than 15 percent; b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and c. Springs or groundwater seepage. 3. Areas that have shown movement during the H olocene epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of this epoch; 4. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials; 5. Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking; 6. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones; 7 . Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; 8 . Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertic al relief. “Mitigation” means avoiding, minimizing or compensating for adverse critical areas impacts and • Occurs at the same time as, or in advance of, a project's planned environmental impacts; • Is located in a site either on, near, or distant from the project's impacts; and ===== PAGE 5 ===== 5 WWMC Section Proposed Amendment Category and Notes • provides either the same or different biological functions and values as the functions and values impacted by the project. (RCW 90.74.010) Mitigation, in the following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. 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; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat or critical areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. “ reasonable use” means the application of the critical area regulations would deny all reasonable use of the property, and no other reasonable economic use has less impact to critical areas and proposed development does not pose a threat to public health, safety, or welfare. "On - site mitigation" means on or adjacent to the project impact site or in the same watershed, stream reach, based on resource needs. ===== PAGE 6 ===== 6 WWMC Section Proposed Amendment Category and Notes "Shorelands or shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and r iver deltas associated with the streams and lakes which are subject to the provisions of the City of Walla Walla Shoreline Master Program; the same to be designated as to location by the Department of Ecology. "Shorelines" means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except: 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. "Shorelines of statewide significance" means those areas defined in RCW 90.58.030(2)(e). "Shorelines of the state" means the total of all shorelines, as defined in RCW 90.58.030(2)(d), and shorelines of statewide significance within the state, as defined in RCW 90.58.030(2)(c). "Water typing system" means waters classified according to WAC 222 - 16 - 030 , including the following: . 1. "Type S Water"means all waters, within their bankfull width, inventoried as shorelines of the state under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands. ===== PAGE 7 ===== 7 WWMC Section Proposed Amendment Category and Notes For purposes of this definition: a. "Dwelling unit" means a home, apartment, residential condominium unit or mobile home, serving as the principal place of residence. b. "Camping unit" means an area intended and used for: i . Overnight camping or picnicking by the public, containing at least a fireplace, picnic table and access to water and sanitary facilities; or ii. A permanent home or condominium unit or mobile home not qualifying as a dwelling unit because of part - time occupancy. c. "Public accommodation facility" means a business establishment open to and licensed to serve the public, such as a restaurant, tavern, motel or hotel. d. "Natural waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation. e. "Seasonal low flow" and "seasonal low water" mean the conditions of the seven - day, two - year low water situation, as measured or estimated by accepted hydrologic techniques recognized by the department. f. "Channel width and gradient" means a measurement over a representative section of at least five hundred linear feet with at least ten evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy are as, beaver ponds and impoundments. Channel gradient may be determined utilizing stream profiles plotted from United States Geological Survey topographic maps (see board manual section 23). g. "Intermittent streams" means those segments of streams that normally go dry. h. "Fish habitat" ===== PAGE 8 ===== 8 WWMC Section Proposed Amendment Category and Notes means habitat which is used by any fish at any life stage at any time of the year, including potential habitat likely to be used by fish which could be recovered by restoration or management, and includes off - channel habitat. 2, "Type F Water"means segments of natural waters, other than Type S Waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one - half acre or greater at seasonal low water and which in any case contain fish habitat or are des cribed by one of the following four categories: a. Waters which are diverted for domestic use by more than ten residential or camping units or by a public accommodation facility licensed to serve more than ten persons, where such diversion is determined by the department to be a valid appropriation of w ater and the only practical water source for such users. Such waters shall be considered to be Type F Water upstream from the point of such diversion for one thousand five hundred feet or until the drainage area is reduced by fifty percent, whichever is less; b. Waters which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F Water upstream from the point of diversion for one thousand five hundred feet, including tributaries if highly significant for protection of downstream water quality. The department may allow additional harvest beyond the requirements of Type F Water desi gnation, provided the department determines after a landowner - requested on - site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that: i . The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and ii. Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery; c. Waters which are within a federal, state, local, or private campground having more than ten camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available ===== PAGE 9 ===== 9 WWMC Section Proposed Amendment Category and Notes for public use and comes within one hundred feet of a camping unit, trail or other park improvement; d. Riverine ponds, wall - based channels, and other channel features that are used by fish for off - channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria: i. The site must be connected to a fish habitat stream and accessible during some period of the year; and ii. The off - channel water must be accessible to fish. 3. "Type Np Water"means all segments of natural waters within the bankfull width of defined channels that are perennial non - fish - habitat streams. Perennial streams are flowing waters that do not go dry any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. 4. "Type Ns Water"means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np Waters. These are seasonal, non - fish - habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream rea ch that is a Type Np Water. Type Ns Waters must be physically connected by an above - ground channel system to Type S, F, or Np Waters. "Wetland category" means wetlands that are categorized into Category I, II, III or IV based upon the categorization procedures in the Washington State Wetland Rating System for Eastern Washington 2014 update , as amended (Hruby T. 20 0 1 4). "Wetlands" as defined by WAC 365 - 190 - 030 means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlan ds generally include swamps, marshes, bogs and similar areas. Wetlands do not ===== PAGE 10 ===== 10 WWMC Section Proposed Amendment Category and Notes include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass - lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintent ionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non - wetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, local government shall use the approved federal delineation manual and regional supplement, as amended. 21.04.035 (A) Critical Areas Critical area maps. A. The approximate location and extent of critical areas will be displayed on various inventory maps available at the city community development services department or online. These maps will be updated as inventories are completed in compliance with the requirements of the Growth Management Act, and additional maps may be added as appropriate. These Comprehensive Plan maps include: 1. City of Walla Walla Critical Area Map 1 : Critical Aquifer Recharge Areas; 2. City of Walla Walla Critical Area Map 2 : Wetlands; 3. City of Walla Walla Critical Area Map 3 : Frequently Flooded Areas; 4. City of Walla Walla Critical Area Map 4 : Geologically Hazard Areas; 5. City of Walla Walla Critical Area Map 5 : Fish and Wildlife Habitat Conservation Areas; Clarification Chapter 21.04.060 (4)(a) Critical Areas Permit processing . Field markings are intended to prevent disturbance of critical areas and buffers and may include such items such as temporary fences; Clarification Chapter 2 1 . 04.085 (B)(2 - 3 , 7 - 23 ) Critical Areas Allowed activities. The following developments, activities, and associated uses are allowed in critical areas, and do not require approval or submission of a critical area report, provided they are consistent with the provisions of other local, state, and federal laws and req uirements. Activities may intrude into the critical area or required buffer provided such activities are otherwise consistent with this State Mandated RCW 36.70A.172 and WDFW Comments ===== PAGE 11 ===== 11 WWMC Section Proposed Amendment Category and Notes chapter and other applicable regulations. The d irector may apply conditions to an underlying permit or approval to ensure that the activities are consistent with the provisions of this chapter, subject to any listed conditions , related permits , and in conformance with other portions of the Walla Walla Municipal Code and applicable state or federal law or regulation. Any proposal to modify a critical area or its buffer must demonstrate compliance with mitigation sequencing under WW M C 21.04.110. ( B ) (2) Maintenance, operation and/or repair of existing rights - of - way, trails, roads, utilities, fences , buildings and other facilities within critical areas and buffers; provided, that the activity does not further alter, impact, or encroach upon the sensitive area or buffer or further affect the functions of sensitive areas, and there is no increased risk t o life or property as a result of the proposed operation, maintenance, or repair; and provided further, that: ( B ) (3) Maintenance of existing, lawfully established landscap e ing features and gardens within a regulated critical area or its buffer, including but not limited to maintaining fences, trellises, pathways and patio, mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting native vegetation, pruning of existing ornamental vegetation to maintain the condition and appearance of such areas as they exi sted prior to adoption of this code; provided, that native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants are not covered by this exception. (B)( 7 ) Low - impact activities such as hiking, canoeing, nature study, photography, fishing, education or scientific research. Replacement modification, installation, or construction of fences; provided, wildlife passage is considered where feasible, and no fill or discharge occurs outside the existing improved area and with appropriate best management practices to control erosion , sedimentation and other potential impacts. ===== PAGE 12 ===== 12 WWMC Section Proposed Amendment Category and Notes Excluded is work within a water body or wetland, including but not limited to fence posts. (B)( 8 ) Low - impact activities such as hiking, canoeing, nature study, photography, fishing, education or scientific research. Public and private pedestrian trails, provided they are subject to the following: a. The trail surface shall not exceed five feet in width; b. The trail surface shall consist of gravel, a pervious surface or a boardwalk; c. The trail shall meet all other city requirements including water quality standards; d. Sensitive area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and e. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report. Low - impact activities such as hiking, can oeing, nature study, photography, fishing, education or scientific research. (B)( 9 ) Public and private pedestrian trails, provided they are subject to the following: a. The trail surface shall not exceed five feet in width; b. The trail surface shall consist of gravel, a pervious surface or a boardwalk; c. The trail shall meet all other city requirements including water quality standards; d. Sensitive area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and e. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report. The following vegetation removal activities: ===== PAGE 13 ===== 13 WWMC Section Proposed Amendment Category and Notes a. The removal of the noxious weed species designated by Washington State in Chapter 16 - 750 WAC or the local weed control authority with hand labor and light equipment, or other invasive species; b. The removal of hazard trees from sensitive areas and buffers that are posing a threat to public safety, or an imminent risk of damage to a permanent structure with consultation from a certified arborist. Public and private pedestrian trails, provided they are subject to the following: a. The trail surface shall not exceed five feet in width; b. The trail surface shall consist of gravel, a pervious surface or a boardwalk; c. The trail shall meet all other city requirements including water quality standards; d. Sensitive area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and e. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report. ( B) 10 ) The following vegetation removal activities: a. The removal of the noxious weed species designated by Washington State in Chapter 16 - 750 WAC or the local weed control authority , other invasive species with hand labor and light equipment , or with the use of only WA Dept. of Ecology - approved aquatic herbicides and, when necessary, avoidance of hazardous substances, prevention of soil compaction, and timing restrictions to protect fish and wildlife during sensitive periods ; b. The removal of hazard trees from sensitive areas and buffers that are posing a threat to public safety, or an imminent risk of damage to a permanent structure with consultation from a certified arborist. Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads, removal of native trees or shrubs, or displacement of more than five cubic yards of material. ===== PAGE 14 ===== 14 WWMC Section Proposed Amendment Category and Notes Investigations involving displacement of more than five cubic yards of material, including geotechnical soil borings, groundwater monitoring wells, percolation tests, and similar activities, shall require submittal of specific plans and restoration plans. In every case, impacts to the sensitive area shall be minimized and disturbed areas shall be immediately restored. (B)( 11 ) The application of herbicides, pesticides, organic or mineral - derived fertilizers, or other hazardous substances, if necessary; provided, that their use shall be conducted in accordance with applicable state and federal law. Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads, removal of native trees or shrubs, or displacement of more than five cubic yards of material. Investigations involving displacement of more than five cubic yards of material, including geotechnical soil borings, groundwater monitoring wells, percolation tests, and similar activities, shall require submitt al of specific plans and restoration plans. In every case, impacts to the sensitive area shall be minimized and disturbed areas shall be immediately restored. (B)( 12 ) Activities undertaken to comply with a United States Environmental Protection Agency superfund - related order, or a Washington Department of Ecology order pursuant to the Model Toxics Control Act that specifically preempts local regulations in the findings of the order. The application of herbicides, pesticides, organic or mineral - derived fertilizers, or other hazardous substances, if necessary; provided ; that their use shall be conducted in accordance with applicable state and federal law. (B)( 13 ) Projects and facilities for restoration and enhancement of ecological functions of critical areas and related resources may be allowed within critical areas and buffers, upon approval of a restoration and mitigation plan in accordance with the provisions o f this chapter, or for restoration and enhancement programs in an adopted shoreline restoration plan pursuant to Chapter 173 - 26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to ===== PAGE 15 ===== 15 WWMC Section Proposed Amendment Category and Notes RCW 89.08.460, a salmonid recovery plan, the Salmon Recovery Funding Board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.290. Activities undertaken to comply with a United States Environmental Protection Agency superfund - related order, or a Washington Department of Ecology order pursuant to the Model Toxics Control Act that specifically preempts local regulations in the findings of the order. (B)( 1 4 ) The repair and maintenance of existing drainage ditches. Projects and facilities for restoration and enhancement of ecological functions of critical areas and related resources may be allowed within critical areas and buffers, upon approval of a restoration and mitigation plan in accordance with the provisions o f this chapter, or for restoration and enhancement programs in an adopted shoreline restoration plan pursuant to Chapter 173 - 26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the Salmon Recovery Funding Board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.290. (B)( 1 5 ) The installation of individual service lines for agricultural purposes and to existing uses. The repair and maintenance of existing drainage ditches. (B)( 1 6 ) Normal and routine activities conducted by a public agency to control mosquitoes and weeds . The installation of individual service lines for agricultural purposes and to existing uses. (B)( 1 7 ) Agricultural activities including farming, horticulture, normal maintenance and repair of irrigation delivery systems and drainage systems, ranching and grazing of animals and pest and weed control. This includes land lying idle under a government program, agricultural set - aside land and changes between agricultural activities. Normal and routine activities conducted by a public agency to control mosquitoes and weeds. ===== PAGE 16 ===== 16 WWMC Section Proposed Amendment Category and Notes (B)( 1 8 ) Normal and routine maintenance of agricultural ponds, livestock watering ponds and fish ponds. Agricultural activities including farming, horticulture, normal maintenance and repair of irrigation delivery systems and drainage systems, ranching and grazing of animals , fence maintenance, and pest and weed control. This includes land lying idle under a government program, agricultural set - aside land , and changes between agricultural activities. (B)( 19 ) The maintenance and repair of stormwater facilities under this chapter and designed in accordance with Chapter 13.16. Normal and routine maintenance of agricultural ponds, livestock watering ponds and fish ponds. (B)( 20 ) Normal maintenance and repair of the concrete - lined Mill Creek channel within the city's jurisdiction from Rooks Park to Gose Street for flood control purposes. The maintenance and repair of stormwater facilities under this chapter and designed in accordance with Chapter 13.16. (B)( 21 ) Normal dredging required to maintain ongoing water navigational facilities including boat and barge slips, docking facilities, entrance channels and agricultural irrigation facilities; provided, that other applicable permits are obtained. Normal maintenance and repair of the concrete - lined Mill Creek channel within the city's jurisdiction from Rooks Park to Gose Street for flood control purposes. (B)( 22 ) Cases where a federal or state agency has jurisdictional control over a wetland and the director determines that those permit conditions would satisfy the requirements of this chapter. Normal dredging required to maintain ongoing water navigational facilities including boat and barge slips, docking facilities, entrance channels and agricultural irrigation facilities; provided that other applicable permits are obtained. (B)( 23 ) Cases where a federal or state agency has jurisdictional control over a wetland and the director determines that those permit conditions would satisfy the requirements of this chapter. ===== PAGE 17 ===== 17 WWMC Section Proposed Amendment Category and Notes Chapter 2 1 . 04.090(B) (2 - 3) Critical Areas Reasonable use. B. E xception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include a critical area report, prepared by a qualified professional , including mitigation plan, if necessary, and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA document s). The director shall determine whether an exception request shall be granted based on review of the submitted information, a site inspection, and the proposal's ability to comply with reasonable use exception criteria. The director shall approve with con ditions or deny the request based on the proposal's ability to comply with all of the following reasonable use exception review criteria: 2. No other reasonable use of the property has less impact on the critical area and the applicant demonstrates that other permitted uses in the areas that have less impact on the critical area and buffer are not technically feasible as an alternative. 3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; and upon request , t he d irector may require the applicant to provide a neighborhood analysis that evaluates the surrounding conditions in the immediate vicinity to verify that the applicant’s request is consistent with the minimum necessary reasonable use criteria. State Mandated RCW 36.70A.172 Chapter 2 1 . 04.095 (E) Critical Areas Critical area reports – General requirements. Critical area reports shall be valid for a period of five years. After such date, the Director shall determine whether a revision or additional assessment is necessary . State Mandated RCW 36.70A.172 and WDFW Comments Chapter 2 1 . 04.105(C) Critical Areas Mitigation requirements. The director may approve off - site mitigation if the applicant demonstrates that no viable on - site mitigation opportunities exist. Compensatory mitigation proposed off - site is required by state and/or federal permitting agencies, and/or State Mandated RCW 36.70A.172 ===== PAGE 18 ===== 18 WWMC Section Proposed Amendment Category and Notes shall be provided in the location that will provide the greatest ecological benefit and have the greatest likelihood of success. Preference will be given to off - site mitigation as close as possible to the impact area and within the same watershed sub - basin as the permitted alteration; provided ; that off - site mitigation may occur within the city or within water resource inventory area (WRIA) 32 upon demonstration through a watershed - or landscape - based analysis that mitigation within an alternative sub - basin of the watershed would have greater ec ological benefit. Off - site mitigation sites preference shall be given to sites and restoration activities identified in an adopted shoreline restoration plan pursuant to Chapter 173 - 26 WAC, a watershed planning document prepared and adopted pursuant to Cha pter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the Salmon Recovery Funding Board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.290. Chapter 2 1 . 04.115 (C)(1) and (4) and (H ) Critical Areas Mitigation plan requirements. C . Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as: 1. The proposed construction sequence, timing , of impact and mitigation activities , and duration; 2. Grading and excavation details; 3. Erosion and sediment control features; 4. A vegetation planting plan specifying plant species , including those species identified in Walla Walla County Conservation District Homeowner’s Guide to Riparian Buffers , quantities, locations, size, spacing, and density; and 5. Measures to protect and maintain plants until established. H. Critical Area Tracts and Designations. A notice on title or critical area tract shall be used to delineate and protect those critical areas and buffers in development proposals for subdivisions, short subdivisions, or other affected lots as detailed und er WW M C 21.04.125 at the discretion of the d irector. State Mandated RCW 36.70A.172 ===== PAGE 19 ===== 19 WWMC Section Proposed Amendment Category and Notes Chapter 2 1 . 04.130(A) Critical Areas Building setbacks . Unless otherwise provided, buildings and other structures shall be set back a distance of fifteen five feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. Minor reduction of the standard building setback to a minimum of five feet may be permitted by the d irector if adequate protection of the critical area buffer will be maintained as documented by a qualified professional in a critical areas report. The following may be allowed in the setback area: A. Landscaping vegetation ; State Mandated RCW 36.70A.172 Chapter 2 1 . 04.20 0 (B) Critical Areas Critical aquifer recharge areas – Designation. Critical aquifer recharge areas (CARA) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365 - 190 - 030 ( 2 ) . CARA have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. CARA in the city of Walla Walla are desi gnated as follows: B. The ten - year time of travel as defined in the wellhead protection plans submitted by communities and water providers to the Department of Health as of 2007 . The city of Walla Walla maintains these groundwater capture zones. The CARA delineated by the ten - year capture zones are is defined in Critical Area Map 1 in the Comprehensive Plan . Table 1 lists the communities and water providers in the city of Walla Walla that have designated wellhead protection areas. Table 1 also lists the total area encompassed by the ten - year time of travel. The entire extent of the gravel aquifer as delineated in Critical Area Map 1 in the Comprehensive Plan is not defined as a CARA; however, it is an aquifer of significance/consideration. The city will encourage voluntary implementation of best management practices , consistent with Critical Aquifer Recharge Areas Guidance (Ecology Publication # 05 - 10 - 028) current or as revised, associated with development in this area. State Mandated RCW 36.70A.172 ===== PAGE 20 ===== 20 WWMC Section Proposed Amendment Category and Notes 21.04.210(A) Critical Areas Mapping of critical aquifer recharge areas. A. The approximate location and extent of critical aquifer recharge areas are shown on the following adopted critical areas map in the Comprehensive Plan : City of Walla Walla Critical Area Map 1 : Critical Aquifer Recharge Areas. Clarification Chapter 2 1 . 04.220 Critical Areas Activities allowed in critical aquifer recharge areas. The following activities are allowed in critical aquifer recharge areas pursuant to Section 21.04.085, Allowed activities, must be consistent with the Washington State Water Pollution Control Act (RCW 90.48) , and do not require submission of a critical area report State Mandated RCW 36.70A.172 Chapter 2 1 . 04.230(D) (5) Critical Areas Critical area report – Additional requirements for critical aquifer recharge areas. 5 . Best Management Practices or Mitigation. The applicant must document implementation of presumptive best management practices, integrated pest management, or mitigation as applicable. State Mandated RCW 36.70A.172 Chapter 21.04.2 40 ( B ) Critical Areas Performance standards – General requirements. Th e proposed activity must comply with the water source protection requirements and recommendations of the United States Environmental Protection Agency, Washington State Department of Ecology, Washington State Department of Health, and the c C ity of Walla Walla health department . Clarification Chapter 2 1 . 04.260 (G) Critical Areas Uses prohibited in critical aquifer recharge areas. G. Dry wells on sites used for vehicle repair and servicing or dry cleaners. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity . State Mandated RCW 36.70A.172 Chapter 2 1 . 04.300(B (1) Wetlands critical areas 1. Category I Wetlands. Wetlands which are alkali wetlands, wetlands that are identified by scientists of the Washington Natural Heritage Program (DNR) as State Mandated ===== PAGE 21 ===== 21 WWMC Section Proposed Amendment Category and Notes Critical Areas – Designation. wetlands with high conservation value, bogs, mature old - growth forested wetlands over one - quarter acre with slow - growing trees, forests with stands of aspen, and wetlands that perform many functions very well function at a very high level (scores twenty - two to twenty - seven points). They meet at least one of the following criteria: (a) represent a unique or rare wetland type; or (b) are more sensitive to disturbance than mo st wetlands; or (c) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; (d) provide a high level of functions (scores of twenty - two to twenty - seven points using the Eastside rating system); o r (e) are documented wetlands of local significance. The city cannot afford the risk of any degradation to these wetlands because their functions and values are too difficult to replace. Generally, these wetlands are not common and make up a small percenta ge of the wetlands in the region. RCW 36.70A.172 21.04.310 Critical Areas Mapping of wetland areas. A. The approximate location and extent of known wetlands are shown on the City of Walla Walla Comprehensive Plan Critical Area Map 2 : Wetlands, or the latest revision of this map. This information is to be used as a guide for the city, project applicants and/or property owners, and may be updated as new information becomes available. In some instances (uncertified boundaries), it is a reference and does not provide a final critical area designation. Clarification Chapter 2 1 . 04.320(B)(3) Critical Areas Critical area report – Additional requirements for wetland areas. 3. All shoreline areas, water features, flood plains, and other critical areas, and related buffers within two hundred fifty feet of the project area. State Mandated RCW 36.70A.172 Chapter 2 1 . 04.330(F) Critical Areas Activities allowed in wetlands. F. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be Clarification ===== PAGE 22 ===== 22 WWMC Section Proposed Amendment Category and Notes revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herb plant s. Chapter 2 1 . 04.340(C)(2 ) and ( 4) Critical Areas Performance standards – General requirements. 2. Buffers shall not include areas that are functionally and effectively disconnected from the wetland by a road or impervious surfaces , other substantially developed surface s of sufficient width and with use characteristics such that buffer functions are not provided. The d irector may approve modification of the standard buffer width to the edge of development, provided: a. The disconnected part of the buffer does not provide additional protection of the wetland; and b . T he disconnected part of the buffer provides insignificant biological, geological, or hydrological buffer functions relating to the wetland; and c . If the resulting buffer distance is less than 75% of the standard or optional buffer for the applicable wetland category, no further reduction will be allowed. d. The legally established development includes impervious surfaces a minimum of 20 feet wide that completely isolates the project area from the critical area. 4. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. Wetland delineations will be documented on a ground - verified map using either professional surveying methods or an equivalent professional method using GPS with sub - meter accuracy. The width of the wetland buffer shall be determined according to the wetland category and the proposed land use. The buffer for a wetland created, restored, or enhanced as compensation for wetland alterations shall be the same as the buffer required for th e category of the created, restored, or enhanced wetland. State Mandated RCW 36.70A.172 Chapter 21.04.344 (B - D) Performance standards – The director shall have the authority to reduce the standard buffer widths identified in Section 21.04.340; consistent with a reduction in the intensity of State Mandated ===== PAGE 23 ===== 23 WWMC Section Proposed Amendment Category and Notes Critical Areas Wetland buffer decrease. impacts from proposed land uses. The applied land use intensity buffer width may be reduced from high to moderate provided, that the general standards for avoidance and minimization per Sections 21.04.110(A) and (B) shall apply; and provided further, that all of the following apply: B. The buffer of a Category I or II wetland shall not be reduced to less than seventy - five percent of the required buffer or fifty feet, whichever is greater; The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of buffer functions and values. The specific measures that shall be implemented include, but are not limited to, the following: 1. Direct lights away from the wetland and buffer. 2. Locate facilities that generate substantial noise (such as some manufacturing, industrial and recreational facilities) away from the wetland and buffer. 3. Establish covenants limiting use of pesticides within two hundred feet of wetland. 4. Implement integrated pest management programs. 5. Integrate LID BMPs such as dispersion and downspout infiltration systems into the project design to infiltrate, filter, store, evaporate, and transpire stormwater runoff. 6. Post signs at the outer edge of the critical area or buffer to clearly indicate the location of the critical area according to the direction of the city. 7. Plant buffer with native vegetation appropriate for the region to create screens or barriers to noise, light, and human intrusion and discourage domestic animal intrusion. 8. Use low impact development principles such as minimizing impervious surfaces, native vegetation loss, and stormwater runoff where appropriate. 9. Establish a permanent conservation easement to protect the wetland and the associated buffer. RCW 36.70A.172 ===== PAGE 24 ===== 24 WWMC Section Proposed Amendment Category and Notes C. The buffer of a Category III or IV wetland shall not be reduced to less than seventy - five percent of the required buffer or twenty - five feet, whichever is greater; For wetlands that score moderate or high for habitat (6 points or more), the width of the buffer can be reduced if both of the following criteria are met: 1. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife. 2. Measures to minimize the impacts of different land uses on wetlands, such as measures under WWMC 21.04.344 ( B ) , are applied . D. The applicant implements all reasonable measures to reduce the adverse effects of adjacent land uses and ensure no net loss of buffer functions and values. The specific measures that shall be implemented include, but are not limited to, the following: 1. Direct lights away from the wetland and buffer. 2. Locate facilities that generate substantial noise (such as some manufacturing, industrial and recreational facilities) away from the wetland and buffer. 3. Establish covenants limiting use of pesticides within two hundred feet of wetland. 4. Implement integrated pest management programs. 5. Integrate LID BMPs such as dispersion and downspout infiltration systems into the project design to infiltrate, filter, store, evaporate, and transpire stormwater runoff. 6. Post signs at the outer edge of the critical area or buffer to clearly indicate the location of the critical area according to the direction of the city. 7. Plant buffer with native vegetation appropriate for the region to create screens or barriers to noise, light, and human intrusion and discourage domestic animal intrusion. 8. Use low impact development principles such as minimizing impervious surfaces, native vegetation loss, and stormwater runoff where appropriate. ===== PAGE 25 ===== 25 WWMC Section Proposed Amendment Category and Notes 9. Establish a permanent conservation easement to protect the wetland and the associated buffer. For wetlands that score less than 6 points for habitat, the buffer width can be reduced to that required for moderate land - use impacts by applying measures to minimize the impacts of proposed land uses (WWMC 21.04.344 ( B). Chapter 21.04.345 (A - C) Critical Areas Performance standards – Buffer management plan. In order to maintain effective buffer conditions, values and functions, a vegetation management plan shall be required for all buffer areas. Specific provisions to be addressed in the plan include: A. Maintaining adequate cover of native vegetation including trees and understory at densities provided in Table 8, Walla Walla County Conservation District native riparian vegetation planting guidelines; B. Establishing a plan for control of invasive weeds, and removal of existing invasive plant species; C. Incorporating a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for isolated single - family residential lots. Clarification Chapter 21.04.346(B)(1) and (C) (3) (a - h) Critical Areas Performance standards – Specific activities and uses. (B)(1). Walkways and trails shall not exceed five feet in width from shoulder to shoulder , shall meet A merican with Disability Act, A DA accessibility standards and the definition of a pervious surface , and require only limited excavation for foundation or stabilization; provided , that those walkways and trails that are generally parallel to the perimeter of the wetland shall be located in the outer twenty - five percent of the buffer area; (C)(3) . A wetland or its buffer can be physically or hydrologically altered to meet the requirements of a Low Impact Development (LID) methodology or Flow Control BMP when the following criteria are met: a. The wetland is classified as a Category IV or a Category III wetland with a habitat score of 3 - 5 points. b. There will be no net loss of functions and values of the wetland. State Mandated RCW 36.70A.172 ===== PAGE 26 ===== 26 WWMC Section Proposed Amendment Category and Notes c. The wetland does not contain a breeding population of any native amphibian species. d. The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, and 5 of Chart 4 and questions 2, 3, and 4 of Chart 5 in Selecting Mitigation Sites Using a Watershed Approach, [Western Washington or Eastern Washington] (Ecology Publi cation [#09 - 06 - 032 or #10 - 06 - 007], or as revised); or the wetland is part of a restoration plan intended to achieve restoration goals identified in a shoreline master program or a local or regional watershed plan. e. The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing. f. All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manuals, and permits. g. Lost existing functions and values are compensated . h. A site - specific characterization is performed to determine whether an LID BMP is feasible at the project site. 21.04.347 ( A - E ) Critical Areas Performance standards – Mitigation requirements A. Definitions of Types of Compensatory Mitigation. The ratios presented are based on the type of compensatory mitigation proposed (e.g., restoration, creation, and enhancement). In its Regulatory Guidance Letter 02 - 02, the U.S. Army Corps of Engineers provid ed definitions for these types of compensatory mitigation. For consistency, the authors of this document use the same definitions which are provided under "compensatory mitigation" in Section 21.04.020. Outdated ===== PAGE 27 ===== 27 WWMC Section Proposed Amendment Category and Notes Notes: 1. Ratios for rehabilitation, preservation, and enhancement may be reduced when combined with 1:1 replacement through re - establishment or creation. See Table 6B - 2 in Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance – Version 2 (Eco logy et al., 2021 or as revised). 2. All proposed preservation sites need to meet the preservation criteria listed in Chapter 070.3.E of Appendix A, Sample Wetland Regulations. 3. The ratios are for permanent, direct impacts to wetlands. For recommended ratios for other types of impacts (e.g., long - term temporary, conversions), see Chapters 6B4.4 through 6B4.8 of Wetland Mitigation in Washington State – Part 1: Agency Policies and G uidance – Version 2 (Ecology et al., 2021 or as revised). 4. The category of impacted wetland is based on scores for functions. Compensation ratios generally do not apply when impacts involve a wetland whose category is based on special characteristics. B. The director shall have the authority to adjust these ratios when a combination of mitigation approaches is proposed. In such cases, the area of altered wetland shall be replaced at a one - to - one ratio through re - establishment or creation, and the remainder of the area needed to meet the ratio can be replaced by enhancement at a two - to - one ratio. For example, impacts to one acre of a Category II wetland requiring a three - to - one ratio for creation can be compensated by creating one acre and enhancing four acr es ===== PAGE 28 ===== 28 WWMC Section Proposed Amendment Category and Notes (instead of the additional two acres of creation that would otherwise be required). * Mitigation ratios reference: Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10. March 2006. Wetland Mitigation in Washington State – Part 1: Agency Policies and Guida nce (Version 1). Washington State Department of Ecology Publication No. 06 - 06 - 011a. Olympia, WA 1. These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear - cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray are a ===== PAGE 29 ===== 29 WWMC Section Proposed Amendment Category and Notes between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2. Wetlands of high conservation value, alkali wetland, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net los s of some functions no matter what kind of compensation is proposed. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance "Wetland Mitigation in Washington State Parts I and II," detailed in Table 5 in subsection B of this section (Ecology Publication No. 06 - 06 - 011a - b, Olympia, WA, March, 2006), the administrator may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in "Calculating Credits and Debits for Compensatory Mitigati on in Wetlands of Eastern Washington: Final Report" (Ecology Publication No. 11 - 06 - 015, August 2012, or as revised). C. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance "Wetland Mitigation in Washington State Parts I and II," detailed in Table 5 in subsection B of this section (Ecolog y Publication No. 06 - 06 - 011a - b, Olympia, WA, March, 2006), the administrator may allow mitigation based on the "credit/debit" method developed by the Department of Ecology in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Easter n Washington: Final Report" (Ecology Publication No. 11 - 06 - 015, August 2012, or as revised). Buffers. Replacement wetlands established pursuant to these mitigation provisions shall have adequate buffers to ensure their protection and sustainability. The buffer shall be based on the category and land - use intensity in Section 21.04.340(C) ; provided that the director shall have the authority to approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of the standard buffer. D. Buffers. Replacement wetlands established pursuant to these mitigation provisions shall have adequate buffers to ensure their protection and ===== PAGE 30 ===== 30 WWMC Section Proposed Amendment Category and Notes sustainability. The buffer shall be based on the category and land - use intensity in Section 21.04.340(C); provided, that the director shall have the authority to approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of the standard buffer. Mitigation Maintenance and Monitoring. Mitigation areas will be maintained and monitored for a minimum of five years or a period necessary to establish that performance standards have been met after the mitigation has been completed. Annual maintenance and monitoring reports will be submitted to the city and, where applicable, the Department of Ecology, and shall include: 1. Descriptive data for vegetation, soils, and hydrology; 2. Itemized list of dead, dying, and replaced vegetation; 3. Quantitative assessment of invasive species; 4. Descriptive photographs; 5. Statement of overall success of mitigation; 6. Schedule of activities for the next year of maintenance and monitoring. E. Mitigation Maintenance and Monitoring. Mitigation areas will be maintained and monitored for a minimum of five years or a period necessary to establish that performance standards have been met after the mitigation has been completed. Annual maintenance and monitoring reports will be submitted to the city and, where applicable, the Department of Ecology, and shall include: 1. Descriptive data for vegetation, soils, and hydrology; 2. Itemized list of dead, dying, and replaced vegetation; 3. Quantitative assessment of invasive species; 4. Descriptive photographs; 5. Statement of overall success of mitigation; 6. Schedule of activities for the next year of maintenance and monitoring. Chapter 21.04.348(B)(1) Critical Areas Performance standards – Specific The rationale for site selection , documenting how the watershed approach was applied consistent with Ecology publication #10 - 06 - 007, Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington), current or as revised ; State Mandated RCW 36.70A.172 ===== PAGE 31 ===== 31 WWMC Section Proposed Amendment Category and Notes activities and uses. Chapter 21.04.400 Critical Areas Mapping of frequently flooded areas. 21.04.400Mapping of frequently flooded areas. A. The approximate location and extent of frequently flooded areas are shown on the following adopted critical areas map: City of Walla Walla Critical Area Map 3: Frequently Flooded Areas. This map is based on data obtained from the Federal Emergency Manag ement Agency Flood Insurance Rate Maps, December 1983, or as later revised. B. These maps are to be used as a guide for the city, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. (Formerly 21.04.410; Ord. 2009 - 07 § 1 (part), 2009; Ord. 2015 - 12 § 1 (part), 2015) Frequently flooded areas - designation. Frequently flooded areas are designated in accordance with WAC 365 - 190 - 110. These areas include the 100 - year floodplain designated by FEMA and the NFIP. State Mandated RCW 36.70A.172 Chapter 21.04. 410 (A) Critical Areas Mapping of frequently flooded areas. The approximate location and extent of frequently flooded areas are shown in the Comprehensive Plan on the following adopted critical areas map: City of Walla Walla Critical Area Map: Frequently Flooded Areas. This map is based on data obtained from the Federal Emergency Management Agency Flood Insurance Rate Maps, December 1983, or as later revised. Clarification Chapter 21.04. 4 20 Critical Areas F requently flooded areas - regulation Development in frequently flooded areas shall be subject to the provisions in WWMC Chapter 21.10 Floodplain Management. Clarification Chapter 21.04.500(B) (4) , ( D) and (E) Geologically hazardous ( B ) ( 4 ) The City may consult with the U.S. Department of Agriculture Natural Resources Conservation Service for data to help identify erosion hazard areas. State Mandated RCW 36.70A.172 ===== PAGE 32 ===== 32 WWMC Section Proposed Amendment Category and Notes Critical Areas areas – Designation D . Seismic hazards shall be as identified in Washington State Department of Natural Resources seismic hazard and liquefaction susceptibility maps for eastern Washington and other geologic resources . Seismic hazard areas are prone to ground settlement or subsidence, soil liquefaction, and surface faulting. E. Other Hazard Areas. Geologically hazardous areas shall also include areas determined by the director to be those areas subject to severe risk of damage as a result of other geological events , including mass wasting, debris flows, rock falls , mine hazards , and differential settlement. 21.04.510 Mapping of geologically hazardous areas. A . The approximate location and extent of geologically hazardous areas containing known or suspected risk are shown in the Comprehensive Plan on the following adopted critical areas maps: City of Walla Walla Critical Area Map 4 : Geologic Hazard Areas, or the latest revision of this map. The hazard areas outlined on these maps are based on the following data: Clarification Chapter 21.04. 600 (A) (1)(b) , (C) Critical Areas Fish and wildlife habitat conservation areas – Designation. (A) ( 1 )( b ) State designated endangered, threatened, and sensitive species are those fish, wildlife and plant species native to the state of Washington identified by the state Department of Fish and Wildlife that are in danger of extinction, threatened to become endan gered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232 - 12 - 014 (state endangered species), and WAC 232 - 12 - 011 (state threatened and sensitive species). The Washington s S tate Department of Fish and Wildlife maintains the most current listing (Priority Habitats and Species List, WDFW 2023, current or as amended), and should be consulted as necessary for current listing status. C. The following is identified as an area of local importance: hawk habitat identified on Critical Area Map 6 in the Comprehensive Plan . Clarification ===== PAGE 33 ===== 33 WWMC Section Proposed Amendment Category and Notes 21.04.610 Critical Areas Fish and wildlife habitat conservation areas – Mapping. The approximate location and extent of conservation areas are shown on the critical area maps adopted by the city in the Comprehensive Plan (Critical Area Map 5 : Fish and Wildlife Habitat Conservation Areas, or the latest version of this map), as most recently updated, and the following critical area maps hereby adopted: Clarification Chapter 21.04.6 20 (F )(1) , (3) and (5) (G - K ) Critical Areas Fish and wildlife habitat conservation areas – Water bodies – Allowed uses. F . Stream bank stabilization, shoreline protection, and public or private launching ramps may be permitted subject to all of the following standards: 1. Natural shoreline riparian processes will be maintained to the maximum extent practicable. The activity will not result in increased erosion and will not alter the size or distribution of shoreline or stream substrate, or eliminate or reduce sediment supply from feeder bluffs; 3. Nonstructural measures, such as placing or relocating the development further from the shoreline stream , planting vegetation, or installing on - site drainage improvements, are not feasible or not sufficient; 5. Hard bank armoring may occur only when the property contains an existing permanent structure(s) that is in danger from shoreline erosion caused by riverine processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment suppl y. G. New public flood protection measures and expansion of existing measures may be permitted; provided, that bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur only in situations where soft approaches do not p rovide adequate protection, and shall be subject to requirements of the shoreline master program, where applicable, hydraulic project approval and other permits. H. In - stream structures, such as, but not limited to, high flow bypasses, dams, and weirs, other than those regulated exclusively by the Federal Energy Regulatory Commission (FERC) shall be permitted only when multiple public benefits are provided , and ecological impacts are fully Clarification ===== PAGE 34 ===== 34 WWMC Section Proposed Amendment Category and Notes mitigated. New docks shall be permitted only for public access, as an accessory to water - dependent uses or associated with a single - family residence: 1. In - stream facility locations shall avoid areas of high habitat value for aquatic organisms, specifically anadromous fish. To limit the effects on ecological functions, the number of docks should be limited and new subdivisions should employ shared moorage whenever feasible. Docks on shorelines of the state must comply with policies and regulations of the city of Walla Walla s horeline master program. 2. In - stream facilities shall be designed to produce the least feasible effect on fluvial processes and shall minimize change in gradient. Docks shall be located and designed to minimize adverse effects on ecological processes through location where they will not interfere with fluvial and limnal processes including gradient and substrate; recruitment of woody debris; and fish habitat, includ ing that related to anadromous fish. 3. In - stream facilities shall provide mitigation of all impacts on aquatic species and habitat. Docks shall minimize reduction in ambient light level by limiting width to the minimum necessary and shall not exceed four feet in width, except where specific information on use patterns justifies a greater width. Materials that will allow light to pass through the deck may be required, including grating on walkways or gangplanks in nearshore areas. 4. In - stream facilities shall provide fish passage, in accordance with Chapter 77.57 RCW. Approaches shall utilize piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and shall be designed to avoid interfering with stream processes. 5. A construction bond for one hundred fifty percent of the cost of the structure and all mitigation measures shall be filed before construction . A maintenance agreement shall specify responsibility for maintenance , a maintenance schedule as determined by the design engineer, annual ===== PAGE 35 ===== 35 WWMC Section Proposed Amendment Category and Notes inspections b y a civil engineer licensed in the S tate of Washington , and abandonment procedures includ ing , where appropriate, provisions for site restoration . Pile spacing shall be the maximum feasible to minimize shading and avoid a wall effect that would block or baffle currents, sediment movement or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment. 6. Docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term. I. In - stream structures, such as, but not limited to, high flow bypasses, dams, and weirs, other than those regulated exclusively by the Federal Energy Regulatory Commission (FERC) shall be permitted only when the multiple public benefits are provided and eco logical impacts are fully mitigated. Dams on shorelines of the state shall be regulated in accordance with the shoreline master program. Clearing and grading, when allowed as part of an authorized use or activity or as otherwise allowed in these standards, may be permitted; provided that the following shall apply: 1. In - stream facility locations shall avoid areas of high habitat value for aquatic organisms, specifically anadromous fish. Appropriate erosion and sediment control measures shall be used at all times. The soil duff layer shall remain undisturbed to the maximum extent possible. 2. In - stream facilities shall be designed to produce the least feasible effect on fluvial processes and shall minimize change in gradient. The moisture - holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces . 3. In - stream facilities shall provide mitigation of all impacts on aquatic species and habitat. 4. In - stream facilities shall provide fish passage, in accordance with Chapter 77.57 RCW. 5. A construction bond for one hundred fifty percent of the cost of the structure and all mitigation measures shall be filed prior to construction and a ===== PAGE 36 ===== 36 WWMC Section Proposed Amendment Category and Notes maintenance agreement shall specify responsibility for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration. J. Facilities permitted as shoreline - dependent or shoreline - oriented uses in accordance with the city shoreline master program may be located in water bodies and buffers; provided, that only those facilities that are water - dependent or water - oriented and fac ilities for necessary access may be located in water bodies and buffers; and provided, that the facility is located, designed, constructed and operated to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible. Repairs to Existing On - Site Sewage Systems. Repairs to failing on - site sewage systems associated with an existing structure shall be accomplished by utilizing one of the following methods that results in the least impact: 1. Connection to an available public sanitary sewer system; 2. Replacement with a new on - site sewage system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed sewage system is in compliance with the City of Walla Walla; or 3. Repair to the existing on - site septic system. K. Clearing and grading, when allowed as part of an authorized use or activity or as otherwise allowed in these standards, may be permitted; provided, that the following shall apply: 1. Appropriate erosion and sediment control measures shall be used at all times. The soil duff layer shall remain undisturbed to the maximum extent possible. 2. The moisture - holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces. ===== PAGE 37 ===== 37 WWMC Section Proposed Amendment Category and Notes L. Repairs to Existing On - Site Sewage Systems. Repairs to failing on - site sewage systems associated with an existing structure shall be accomplished by utilizing one of the following methods that results in the least impact: 1. Connection to an available public sanitary sewer system; 2. Replacement with a new on - site sewage system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed sewage system is in compliance with city of Walla Walla enviro nmental health department; or 3. Repair to the existing on - site septic system. Chapter 21.04.630( B)(2) Critical Areas Critical area report – Additional requirements for habitat conservation areas. All habitat conservation areas and recommended buffers within two hundred fifty feet of the project area or the extents of existing urban land use that functionally disconnect the site from habitat conservation areas; and State Mandated RCW 36.70A.172 Chapter 21.04.640( G )( 3 ) (c) and (H)(3)(b) Critical Areas Performance standards – General requirements. (B)(2) Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single - family residential lots . (H)(3)(b) The applicant shall be required to install a permanent wildlife passable fence around the habitat conservation area or buffer when domestic grazing animals are present or may be introduced on site. State Mandated RCW 36.70A.172 and WDFW Comment Chapter 21.04.6 5 0(A)(1)(a), ( B ) (C) (D) (2 , 3,4) and 5)(a)(iii - vi ii ), ( 6) , (E) and (F) Critical Areas Performance standards – Specific habitats. ( A )( 1 )(a) WDFW - mapped species within the City include, but are not limited to, Bull trout, Chinook salmon, Steelhead, and Ferruginous hawk. B. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall, at a minimum, conform to the wetland development performance standards set forth in Section 21.04.300, in addition to meeting the habitat conservation area standards in this chapter. Priority Habitats and Species (PHS). Habitats and species on the Department of Fish and Wildlife PHS List State Mandated and Clarification RCW 36.70A.172 ===== PAGE 38 ===== 38 WWMC Section Proposed Amendment Category and Notes 1. PHS mapped by the Department of Fish and Wildlife within the City includes but is not limited to shrubsteppe. 2. Whenever activities are proposed adjacent to a habitat conservation area with which a priority habitat or species ha s a primary association, such area shall be protected through the application of best management practices provided by the Department of Fish and Wildlife and documented in a critical area report prepared by a qualified professional and submitted to the City . Approval for alteration of land adjacent to the habitat conservation area or its buffer may also require consultation with the Department of Fish and Wildlife and the appropriate federal agency, if applicable. C. Riparian Habitat Areas. Unless otherwise allowed in this chapter, all structures and activities shall be located outside of the riparian habitat buffers. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall, at a minimum, conform to the wetland development performance standards set forth in Section 21.04.300, in addition to meeting the habitat conservation area standards in this chapter. 1 , Establishment of Riparian Habitat Buffers. Buffers shall be established for habitats that include aquatic systems. 2. Standard Buffer Widths. a. A riparian habitat shall have at least the buffer width recommended in Table 6, unless a greater width is required pursuant to subsection (C)(4) of this section, or a lesser width is allowed pursuant to subsection (C)(6) of this section. b. Widths shall be measured outward, on the horizontal plane, from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. c. The required buffer shall be extended to include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers, but shall not be extended across roads or other lawfully established structures or hardened surface s that are functionally and effectively ===== PAGE 39 ===== 39 WWMC Section Proposed Amendment Category and Notes disconnected from the stream. 3. Buffers in Conjunction with Other Critical Areas. Where other critical areas defined in this chapter fall within the water body buffer, the buffer area shall be the most expansive of the buffers applicable to any applicable critical area. D . Anadromous Fish . Riparian Habitat Areas. Unless otherwise allowed in this chapter, all structures and activities shall be located outside of the riparian habitat buffers. 1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but n ot limited to, adhering to the following standards: a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; b. An alternative alignment or location for the activity is not feasible; c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and e. Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report. Establishment of Riparian Habitat Buffers. Buffers shall be established for habitats that include aquatic systems. 2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall pre vent fry and juveniles migrating downstream from being trapped or harmed. Standard Buffer Widths. ===== PAGE 40 ===== 40 WWMC Section Proposed Amendment Category and Notes a. A riparian habitat shall have at least the buffer width recommended in Table 6, unless a greater width is required pursuant to subsection ( D )(4) of this section. b. Buffer measurements: Widths shall be measured outward, on the horizontal plane, from the ordinary high - water mark or from the top of bank if the ordinary high - water mark cannot be identified or the channel migration zone, whichever is greater. i. Where a stream exits a culvert, the open stream buffer width shall be measured perpendicular to the culvert opening . c. Functionally disconnected buffers: Where impervious surfaces or other lawfully established structures functionally and effectively disconnect the riparian buffer from the stream , the Department director may approve a complete or partial buffer modification of the standard width to exclude non - functional areas. 3. Fills, when authorized by the locally adopted shoreline management program, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water - dependent use. Buffers in Conjunction with Other Critical Areas. Where other critical areas defined in this chapter fall within the water body buffer, the buffer area shall be the most expansive of the buffers applicable to any applicable critical area. Table 6: Minimum Riparian Buffer Widths for Watercourses within the City of Walla Walla River Minimum Riparian Buffer Width (per side) 1 Other Measures Recommended for Protection Mill Creek See SMP See SMP Creeks: Yellowhawk, Russell, Reser, 100 Feet No additional surface discharges of ===== PAGE 41 ===== 41 WWMC Section Proposed Amendment Category and Notes Caldwell, Stone, Garrison, Bryant, Titus , and other s within city limits/UGA including intermittent open channels between piped sections. untreated runoff, restore degraded parts of the buffer, and maintain connections to other habitat areas. Notes: 1 . In stream segments where the Conservation Reserve Enhancement Program (CREP) buffers are established, CREP buffers become the minimum streamside buffer width Table 6: Recommended Minimum Riparian Buffer Widths for Waterways within the City of Walla Walla Waterway Category River Reach Included Existing Conditions/Targeted Functions Minimum Streamside Buffer Width (per side) 1 6a Mill Creek from Gose Street to Bennington Lake dam diversion - Flood channel - No riparian vegetation allowed within the channel - Trees outside the concrete channel section with potential to shade the channel should remain 35 feet – See SMP 6b Yellowhawk Creek – Russell Creek to Mill Creek - Summer steelhead migration, limited rearing habitat and/or EDT priority protection reach - LWD recruitment - Shade - Existing riparian average = 31 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 50 feet Russell Creek – Dipping Road to Yellowhawk - Influence on downstream habitat - Existing riparian average = 21 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet ===== PAGE 42 ===== 42 WWMC Section Proposed Amendment Category and Notes Reser Creek – Wilbur Avenue to Russell Creek - Influence on downstream habitat - Existing riparian average = 23 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet Caldwell Creek – Headwaters to Yellowhawk - Influence on downstream habitat - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet 6b Stone Creek – Headwaters to Teal Street - Influence on downstream habitat - Existing riparian average = 20 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet Garrison Creek – Yellowhawk to Lions Park (excluding wetland) - Influence on downstream habitat - Existing riparian average = 24 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff - Wildlife habitat 35 feet Bryant Creek – Sprague Avenue to Fort Walla Walla Park - Influence on downstream habitat - Existing riparian average = 14 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet Titus Creek – Blackberry Lane to Mill Creek by community college - Influence on downstream habitat - Existing riparian average = 25 ft - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet All other creeks within city limits/UGA – Intermittent open channels - Influence on downstream habitat - Meet CREP minimum - Control sediment, nutrients, and stormwater runoff 35 feet ===== PAGE 43 ===== 43 WWMC Section Proposed Amendment Category and Notes with piped sections ( 5 )( iv ) . The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge; Stormwater management applies the City of Walla Walla Stormater Design Standards Handbook, current or as amended, as necessary to maintain water quality; v. The buffer at its narrowest point is never less than seventy - five percent of the standard buffer width; The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge; vi. The slopes adjacent to the stream within the buffer area are stable and the gradient does not exceed thirty percent. The buffer at its narrowest point is never less than seventy - five percent of the standard buffer width; vii. The slopes adjacent to the stream within the buffer area are stable ; and the gradient does not exceed thirty percent. viii. The averaged buffer line is recorded in a notice on title consistent with WWMC 21.04.125. 6. Decreased Buffer Widths. The director shall have the authority to reduce buffer widths on a case - by - case basis; provided, that the general standards for avoidance and minimization per Sections 21.04.110(A) and (B) shall apply, and when the applicant de monstrates to the satisfaction of the director that all of the following criteria are met: a. The buffer reduction shall not adversely affect the habitat functions and values of the adjacent habitat conservation area or other critical area. b. The slopes adjacent to the habitat conservation area within the buffer area are stable and the gradient does not exceed thirty percent. c. The buffer shall not be reduced to less than seventy - five percent of the standard buffer as defined in this section. A thirty - five - foot buffer cannot be decreased. Table 7 identifies potential buffer reductions with accompanying riparian habitat enhance ment (see subsection D of this section). ===== PAGE 44 ===== 44 WWMC Section Proposed Amendment Category and Notes Table 7: Modified Buffer Widths with Approved Habitat Enhancement/Water Quality Treatment No Habitat Enhancement Modified Buffer Width with Approved Enhancement/Treatment 100' 75' 75' 56' 50' 38' 35' 35' d. Habitat enhancement plans prepared by a qualified professional must be provided to the city identifying existing conditions, and how the enhancement plan will improve riparian functions over existing conditions. A five - year monitoring plan must be inclu ded. The plan must also address how land outside a reduced buffer would protect surface water quality. Habitat enhancement plans must be consistent with riparian native vegetation planting guides developed by the city of Walla Walla conservation district, as provided in Table 8. Table 8: Walla Walla County Conservation District Suggested Native Plants by Precipitation and Riparian Zone County Area Zone #1 – Generally 0' – 35' Zone #2 – Generally 35' – 75' Zone #3 – Generally 75' and greater Central Walla Walla County: Lowden - Walla Walla 10" – 15" precipitation zone Black Cottonwood – moist soils, silts, slightly alkaline soils (5' – 20' from shoreline) Water Birch – moist soils, silts, pH Black Hawthorn – pH neutral to slightly alkaline silts and soils (25' – 40' off shoreline) Ponderosa Pine – well drained soils, Smooth Sumac – well drained soils, silts and loess, pH neutral to slightly alkaline (25' – 100' off shoreline) Buffalo Berry – well drained soils, ===== PAGE 45 ===== 45 WWMC Section Proposed Amendment Category and Notes neutral soils (3' – 12' off shoreline) Thin - leaf Alder – moist soils, pH neutral to slightly acidic silts and loess (3' – 15' off shoreline) White Alder – moist soils, pH neutral to slightly acidic silts, cobble (1' – 15' off shoreline) Coyote Willow – moist soils, pH neutral silts and clays (3' – 15' off shoreline) Peach - leaf Willow – moist soils, pH neutral to slightly alkaline (5' – 25' off the shoreline) Red - osier Dogwood – moist to well drained soils, pH neutral to slightly alkaline (2' – 25' off the shoreline) dry sites (25' – 50' from shoreline) Mock - orange – well drained soils, slightly acidic (15' – 35' off shoreline) Chokecherry – moist - dry well drained soils, pH neutral to slightly acidic soils (5' – 25' off shoreline) Peach - leaf Willow – moist soils, pH neutral to slightly alkaline (5' – 25' off the shoreline) Smooth Sumac – well drained soils, silts and loess, pH neutral to slightly alkaline (25' – 100' off shoreline) Blue Elderberry – well drained soils, pH neutral to slightly alkaline (15' – 50' off the shoreline) Buffalo Berry – well drained soils, slightly alkaline (25' – 100'+ off the shoreline) Antelope - brush (Bitterbrush) – well drained soils, pH neutral to slightly acidic ===== PAGE 46 ===== 46 WWMC Section Proposed Amendment Category and Notes Antelope - brush (Bitterbrush) – well drained soils, pH neutral to slightly acidic slightly alkaline (25' – 100'+ off the shoreline) Antelope - brush (Bitterbrush) – well drained soils, pH neutral to slightly acidic E. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in Sections 21.04.300 through 21.04.350. If nonwetlands habitat and wetl ands are present at the same location, the provisions of Sections 21.04.600 through 21.04.674 or Sections 21.04.300 through 21.04.350, whichever provide greater protection to the habitat, apply . Anadromous Fish. 1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; b. An alternative alignment or location for the activity is not feasible; c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical area report; and ===== PAGE 47 ===== 47 WWMC Section Proposed Amendment Category and Notes e. Any impacts to the functions or values of the habitat conservation area are mitigated in accordance with an approved critical area report. 2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. 3. Fills, when authorized by the locally adopted shoreline management program, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water - dependent use. F. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas containing wetlands shall conform to the wetland development performance standards set forth in Sections 21.04.300 through 21.04.350. If non - wetlands habitat and wetlands are present at the same location, the provisions of Sections 21.04.600 through 21.04.674 or Sections 21.04.300 through 21.04.350, whichever provide greater protection to the habitat, apply. Chapter 21.04.660 (D) Critical Areas Performance standards – Subdivisions. Development projects must be located to preserve or achieve contiguous wildlife habitat corridors to minimize the isolating effects of development on habitat areas. State Mandated RCW 36.70A.172 Chapter 21.04.670( C ) Critical Areas Fish and wildlife habitat conservation areas – Piped streams. Daylighting. O pening up piped stream segments to restore a more natural condition with riparian functions means removing a stream from a culvert through a critical areas report (WW M C 21.04.095) and stream daylighting plan. Buffer widths for daylit stream segments will be determined on a case - by - case basis based on a site - specific analysis of water quality, riparian functions, and overall improvements to ecological functions. State Mandated RCW 36.70A.172 ===== PAGE 48 ===== 48 WWMC Section Proposed Amendment Category and Notes Chapter 21.04.700 Critical Areas Landfill vicinity development standards. All enclosed structures, requiring a building permit, within one thousand feet of a sanitary landfill or former landfill site/parcel must be protected from potential landfill gas migration. The method for ensuring a structure's protection from landfill gas shall be addressed in a report submitted by a licensed professional engineer, at the cost of the developer, to the city of Walla Walla for review. The report shall contain a description of the investigation and recommendation(s) for preventing the accumulation of explosive concentrations of landfill gas within or under enclosed portions of the proposed building or structure. Any changes to the design shall be documented in writing and stamped by the landfill gas design engineer and the contractor shall provide as - built drawings to the city documenting the changes. Clarification Moved