Why Yakima Has Some of the Strictest Environmental Rules in the State

If you live in Yakima or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Yakima has 4 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Stormwater Management

Yakima operates a regulated Phase II Municipal Separate Storm Sewer System (MS4) under the Washington Department of Ecology Eastern Washington Phase II Permit and codifies its program in YMC Title 7 — specifically Chapter 7.80 (Storm Drainage and Surface Water Management Utility), Chapter 7.82 (Construction Stormwater Runoff), Chapter 7.83 (Post-Construction Stormwater Runoff) and Chapter 7.85 (Stormwater Illicit Discharge). The Wastewater Treatment Plant/Stormwater Division administers the utility, bills a monthly stormwater assessment fee based on impervious surface, and applies the Stormwater Management Manual for Eastern Washington (SWMMEW) for design.

Key details: Governing Code: YMC Chapters 7.80, 7.82, 7.83 and 7.85. MS4 Permit: Ecology Eastern Washington Phase II Municipal Stormwater Permit. Design Manual: Stormwater Management Manual for Eastern Washington (SWMMEW). Receiving Water: Yakima River basin (303(d) listed). UIC Authority: WAC 173-218 Underground Injection Control.

Stormwater violations are enforced under YMC Title 7 with civil and criminal remedies. The city may issue a notice of violation, require corrective action, recover cleanup costs from the responsible party, suspend access to the MS4, and pursue Municipal Court charges. Ecology can independently assess civil penalties of up to $10,000 per day per violation under RCW 90.48.144 of the Washington Water Pollution Control Act. Knowing or negligent discharges that violate water-quality standards in WAC 173-201A can be referred for federal Clean Water Act prosecution. A Stop Work order is the city's standard tool when construction sites do not have approved erosion or stormwater controls in place.

Compared to other cities, Yakima takes a harder line on stormwater management. The enforcement and penalty structure reflects that.

Erosion Control

Erosion and construction stormwater controls in Yakima are codified in YMC Chapter 7.82 (Construction Stormwater Runoff). Any construction activity that disturbs land must apply source-control BMPs from the Stormwater Management Manual for Eastern Washington. Sites that clear or grade one acre or more (or are part of a larger common plan of development that totals one acre) must also obtain Ecology's Construction Stormwater General Permit under Chapter 90.48 RCW, prepare a written Stormwater Pollution Prevention Plan (SWPPP), and keep it on site for inspection.

Key details: Governing Code: YMC Chapter 7.82 — Construction Stormwater Runoff. State Permit Threshold: 1 acre disturbance (Ecology Construction Stormwater General Permit). Design Manual: Stormwater Management Manual for Eastern Washington. SWPPP On Site: Required for permitted sites — inspected by CESCL. Critical Resource: Yakima and Naches Rivers — 303(d) for turbidity.

Erosion-control failures violate YMC Chapter 7.82 and may be enforced by Stop Work order, notice and order to install BMPs immediately, civil penalty under YMC general-penalty provisions, and recovery of cleanup costs. Sediment discharges to waters of the state trigger Ecology enforcement under RCW 90.48.144 with civil penalties of up to $10,000 per day per violation. A site of one acre or more operating without an active Ecology Construction Stormwater General Permit faces administrative penalties from Ecology in addition to the city's local enforcement. The Certificate of Occupancy will not issue until disturbed areas have been stabilized to the city's satisfaction.

This is one of the stricter rules in Yakima's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Grading & Drainage

Yakima's grading and drainage review sits at the intersection of YMC Chapter 7.83 (Post-Construction Stormwater Runoff), YMC Chapter 7.82 (Construction Stormwater Runoff), the building code under YMC Title 11, and the Stormwater Management Manual for Eastern Washington (SWMMEW) adopted by reference. Projects that create or replace 5,000 square feet or more of new or replaced hard surface trigger formal post-construction review; projects that create 10,000 square feet or more of new impervious surface and discharge to surface water must build flow-control facilities. The Surface Water Engineer at the Wastewater Treatment Plant reviews drainage submittals.

Key details: Governing Code: YMC Chapter 7.83 + 7.82 + YMC Title 11 (Building) + SWMMEW. Hard-Surface Threshold: 5,000 sq ft new/replaced — post-construction BMPs. Flow-Control Threshold: 10,000 sq ft new impervious discharging to surface water. Design Manual: Stormwater Management Manual for Eastern Washington (SWMMEW). UIC Authority: WAC 173-218 (drywells require Ecology + city approval).

Grading or drainage work that deviates from the approved drainage plan or fails to install required BMPs violates YMC Chapters 7.82, 7.83, and the building code under YMC Title 11. The city may issue a Stop Work order, require corrective work at the owner's expense, refuse the Certificate of Occupancy, and impose civil penalties. Discharges that aggravate downstream flooding can expose the owner to common-law nuisance and trespass liability to neighbors. Discharges that violate water-quality standards (WAC 173-201A) or groundwater standards (WAC 173-200) can be enforced by Ecology with penalties of up to $10,000 per day per violation under RCW 90.48.144. Unregistered UIC drywells violate WAC 173-218 and can be ordered closed.

This is not one of those rules that cities tend to ignore. Yakima actively enforces its grading & drainage requirements.

Flood Zones

Yakima's floodplain regulations live in YMC Title 15 (Urban Area Zoning Ordinance) — primarily YMC Chapter 15.27 Critical Areas (which implements the National Flood Insurance Program and the Growth Management Act) and the Floodplain Overlay (FO) district within YMC Chapter 15.03. The Yakima River and Naches River both flow through or near the city and produced major flood events in February 1996 and January 2009, driving the current FEMA Flood Insurance Rate Maps. Any development within a Special Flood Hazard Area (SFHA) requires a floodplain development permit before work begins.

Key details: Governing Code: YMC Chapter 15.27 (Critical Areas) + Floodplain Overlay in YMC 15.03. Regulatory Standard: 1% annual chance (100-year) Special Flood Hazard Area. Main Watercourses: Yakima River and Naches River. Mapping Source: FEMA Flood Insurance Rate Map for Yakima County. Recent Major Floods: February 1996 and January 2009.

Building, filling, or substantially improving a structure inside the SFHA without a floodplain development permit violates YMC Chapter 15.27 and the Floodplain Overlay, and the city can issue a Stop Work order, require removal of unpermitted fill or structures, refuse the Certificate of Occupancy, and impose civil penalties under the YMC general-penalty provisions. Federal consequences are larger: noncompliant structures jeopardize the entire community's NFIP eligibility, can trigger FEMA Section 1316 denial of flood insurance to the specific property, and can disqualify the owner from federal disaster assistance. Insurance carriers may also refuse or rate-up coverage on unpermitted floodplain construction.

Compared to other cities, Yakima takes a harder line on flood zones. The enforcement and penalty structure reflects that.

The Bottom Line

Yakima is tougher than many cities when it comes to environmental rules. Out of the 4 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Yakima, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Yakima's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.