Section 173-60-030 - Identification of environments(1) Except when included within specific prior designations as provided in subsections (2), (3), and (4) of this section, the EDNA of any property shall be based on the following typical uses, taking into consideration the present, future, and historical usage, as well as the usage of adjacent and other lands in the vicinity. (a) Class A EDNA - Lands where human beings reside and sleep. Typically, Class A EDNA will be the following types of property used for human habitation: (ii) Multiple family living accommodations(iii) Recreational and entertainment, (e.g., camps, parks, camping facilities, and resorts)(iv) Community service, (e.g., orphanages, homes for the aged, hospitals, health and correctional facilities)(b) Class B EDNA - Lands involving uses requiring protection against noise interference with speech. Typically, Class B EDNA will be the following types of property: (i) Commercial living accommodations(ii) Commercial dining establishments(iii) Motor vehicle services(v) Banks and office buildings(vi) Miscellaneous commercial services, property not used for human habitation(vii) Recreation and entertainment, property not used for human habitation (e.g., theaters, stadiums, fairgrounds, and amusement parks)(viii) Community services, property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities).(c) Class C EDNA - Lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Persons working in these areas are normally covered by noise control regulations of the department of labor and industries. Uses typical of Class A EDNA are generally not permitted within such areas. Typically, Class C EDNA will be the following types of property: (i) Storage, warehouse, and distribution facilities.(ii) Industrial property used for the production and fabrication of durable and nondurable man-made goods(iii) Agricultural and silvicultural property used for the production of crops, wood products, or livestock.(d) Where there is neither a zoning ordinance in effect nor an adopted comprehensive plan, the legislative authority of local government may, by ordinance or resolution, designate specifically described EDNAs which conform to the above use criteria and, upon departmental approval, EDNAs so designated shall be as set forth in such local determination.(e) Where no specific prior designation of EDNAs has been made, the appropriate EDNA for properties involved in any enforcement activity will be determined by the investigating official on the basis of the criteria of (a), (b), and (c) of this subsection.(2) In areas covered by a local zoning ordinance, the legislative authority of the local government may, by ordinance or resolution designate EDNAs to conform with the zoning ordinance as follows:(a) Residential zones - Class A EDNA(b) Commercial zones - Class B EDNA(c) Industrial zones - Class C EDNA Upon approval by the department, EDNAs so designated shall be as set forth in such local determination. EDNA designations shall be amended as necessary to conform to zone changes under the zoning ordinance.
(3) In areas not covered by a local zoning ordinance but within the coverage of an adopted comprehensive plan the legislative authority of the local government may, by ordinance or resolution designate EDNAs to conform with the comprehensive plan as follows: (a) Residential areas - Class A EDNA(b) Commercial areas - Class B EDNA(c) Industrial areas - Class C EDNA Upon approval by the department EDNAs so designated shall be as set forth in such local determination. EDNA designations shall be amended as necessary to conform to changes in the comprehensive plan.
(4) The department recognizes that on certain lands, serenity, tranquillity, or quiet are an essential part of the quality of the environment and serve an important public need. Special designation of such lands with appropriate noise level standards by local government may be adopted subject to approval by the department. The director may make such special designation pursuant to the procedures of the Administrative Procedure Act, chapter 34.04 RCW.Wash. Admin. Code § 173-60-030
Order 74-32, § 173-60-030, filed 4/22/75, effective 9/1/75.