Chapter 18.03
DEFINITIONS
Sections:
18.03.005 Application of definitions.
18.03.005 Application of definitions.
These definitions are adapted and/or taken from the Shoreline Management Act (chapter 90.58 RCW), from the Washington Administrative Code regulations (chapters 173-22, 173-26, and 173-27 WAC), and from the Skagit County shoreline master program. In addition to these definitions, the definitions and concepts set forth in RCW 90.58.030, as amended, and implementing rules shall also apply as used herein. (Ord. 1786 § 1, 2013).
18.03.010 “A.”
“Accessory development or use” means any structure or use incidental and subordinate to a primary shoreline development or use.
“Act” means the Shoreline Management Act of 1971 (chapter 90.58 RCW), as amended.
“Adjacent lands” means lands adjacent to the shorelines of the state, located outside of shoreline jurisdiction.
“Administrator” means the city of Burlington planning director or his/her designated representative.
“Agricultural activities” means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.
“Agricultural equipment and agricultural facilities” includes, but is not limited to:
1. The following used in agricultural operations: equipment; machinery; constructed shelters, buildings and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains;
2. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;
3. Farm residences and associated equipment, lands, and facilities; and
4. Roadside stands and on-farm markets for marketing fruit or vegetables.
“Agricultural land” means those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program.
“Agricultural products” includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.
“Aquaculture” means the culture or farming of fish, shellfish, or other aquatic plants and animals excluding upland finfish. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery.
“Aquatic” means pertaining to those areas waterward of the ordinary high water mark.
“Archaeological, historic, and cultural resources” means having to do with the scientific study of material remains of past human life and activities.
“Archaeological object” means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, graves, skeletal remains and technological by-products.
“Archaeological resource/site” means a geographic locality in Washington, including, but not limited to, submerged and submersible lands and the bed of the sea within the state’s jurisdiction, that contains archaeological objects.
“Associated wetlands” means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.
“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: in the case of structures built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevation at the midpoint of all exterior walls of the proposed building or structure. (Ord. 1786 § 1, 2013).
18.03.020 “B.”
“Best available science” means that the policies and development regulations designed to protect the functions and values of critical areas are in conformance with RCW 36.70A.172 and 90.58.100(1) and the procedural criteria established in Part Nine, Best Available Science, WAC 365-195-900 through 365-195-925.
“Boating facilities,” for the purpose of this shoreline master program, means publicly accessible launch sites for hand-carried watercraft (kayak, canoe, etc.) or boats hauled by trailers; piers and docks suitable for temporary moorage of small watercraft; boat storage or rental facilities; vehicle and trailer parking areas; accessory structures such as maintenance buildings and public restrooms. Such facilities may include auxiliary, related functions such as swimming, fishing, and observation of wildlife. May also include commercially run facilities for larger vessels, such as tour boats, cruise ships, ferries, and special-interest watercraft.
“Breakwaters” are offshore structures generally built parallel to shore and may or may not be connected to land. They are built to protect harbors, moorages, navigation, and shorelines to retard or prevent wave action. Breakwaters may be fixed, i.e., made of quarry rock, floating, or submerged.
“Buffer area” means a parcel or strip of land that is designed and designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access.
“Building” means any structure designed for or used for the support, shelter, or enclosure of persons, animals, or personal property, and which is used in a fixed location on land, shorelines, or tidelands.
“Bulkheads” are wall-like structures generally constructed parallel to shore and near the high water mark and are for protecting the shore and uplands from erosion by current and wave action; they may also be for retaining uplands and fills that are prone to sliding, mass movement, or erosion. (Ord. 1786 § 1, 2013).
18.03.030 “C.”
“Channel migration zone (CMZ)” means the area along a river within which the channel(s) can be reasonable predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.
“Channelization” is the straightening, deepening or lining of stream channels, and/or prevention of natural meander progression of streamways, through artificial means such as relocation of channels, dredging, and/or placement of continuous levees or bank revetments along significant portions of the stream. Dredging of sediment or debris alone is excluded.
“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within the master program (WAC 173-27-030).
“Current deflector” is an angled “stub-dike,” groin, or sheet-pile structure which projects into a stream channel to divert flood currents from specific areas, or to control downstream current alignment; can be used as an alternative to direct streambank riprap. (Ord. 1786 § 1, 2013).
18.03.040 “D.”
“Department” means the Burlington planning department, unless otherwise noted.
“Department of Ecology” is the Washington State Department of Ecology.
“Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this title at any state of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment. (RCW 90.58.030).
“Development regulations” means the controls placed on development or land uses by a county or city, including but not limited to zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
“Director” means the planning director.
“Dock” means a structure which abuts the shoreline and is used as a landing or moorage place for craft. A dock may be built either on a fixed platform or float on the water. See also “development” and “substantial development.”
“Dredge spoil” is the material removed by dredging.
“Dredging” is the removal or displacement of earth such as gravel, sand, mud, or silt and/or other materials or debris from any stream, river, lake, or marine water body and associated shorelines and wetlands. Dredging is normally done for specific purposes or uses such as for constructing and maintaining canals, navigation channels, turning basins, harbors and marinas, submarine pipeline or cable crossings, for obtaining material for fill or construction, as part of an aquacultural operation, or dike repair and maintenance. (Ord. 1924 § 1 (Exh. A), 2022; Ord. 1786 § 1, 2013).
18.03.045 “E.”
“Ecological functions or shoreline functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the proper maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.
“Ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition and specific chemical processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.
“Exempt developments” are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.147, 90.58.355 and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the Act and the master program. (Ord. 1786 § 1, 2013).
18.03.050 “F.”
“Feasible” means, for the purpose of this title, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:
1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose; and
3. The action does not physically preclude achieving the project’s primary intended legal use.
In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is placed on the applicant. In determining an action’s infeasibility, the reviewing agency may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames.
“Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.
“Float” is an anchored, buoyed object.
“Flood control works and flood protection” means all structures and works on streams designed to retard bank erosion, to reduce flooding of adjacent lands, to control or divert stream flow, or to create a reservoir, including but not limited to revetments, dikes, levees, channelization, dams, vegetative stabilization, weirs, flood and tidal gates. Excluded are water pump apparatus.
“Flood protection” includes the above structural devices but may also include various techniques of floodplain, river basin, and watershed management which may be applied in lieu of or complementary to structural measures.
“Flood hazard reduction” means the city of Burlington’s program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems.
“Floodplain” is synonymous with “100-year floodplain” and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon the Burlington critical areas code, chapter 14.15 BMC, and FEMA flood regulations maps.
“Floodway” means the area, as identified in a master program, that consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood risk reduction devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. (Ord. 1924 § 1 (Exh. A), 2022; Ord. 1786 § 1, 2013).
18.03.060 “G.”
“Gabions” are shore defense works made up of rock, rubble, masonry or other suitable material, such as vinyl, enclosed to form massive blocks to act as walls on shorelines to prevent wave erosion, as foundations for breakwaters or jetties, or as a form of bank stabilization.
“Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by professional engineers (or geologists) who have professional expertise about the regional and local shoreline geology and processes.
“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. (Ord. 1786 § 1, 2013).
18.03.070 “H.”
“Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows.
“Hearings Board” means the State Shoreline Hearings Board established by the Act in RCW 90.58.170.
“Height” is measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines.
“Historic preservation professional” means those individuals who hold a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history, or a bachelor’s degree in architectural history, art history, historic preservation or closely related field plus one of the following:
1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or
2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.
“Historic site” includes both archaeological and historic sites, structures, or development which provide knowledge about our cultural heritage, including but not limited to Indian and pioneer settlements, old buildings, forts, trails, landings, bridges, or the sites thereof together with interpretative facilities.
“Hydric soil” means soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.
“Hydrophytic vegetation” is the sum total of macrophytic plant life growing in water or on a substrate that is a least periodically deficient in oxygen as a result of excessive water content. When hydrophytic vegetation comprises a community where indicators of hydric soils and wetland hydrology also occur, this area has wetland vegetation. (Ord. 1786 § 1, 2013).
18.03.080 “I.”
“In-stream structure” is placed by humans waterward of the ordinary high water mark and either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. (Ord. 1786 § 1, 2013).
18.03.110 “L.”
“Launch ramp” means an enclosed slab, set of pads, planks, or graded slope used for launching boats with trailers or occasionally by hand; extensive parking and turnaround areas are usually accessory to launch ramps.
“Levee” means a natural or man-made embankment on the bank of a stream for the purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on their sides. (Ord. 1786 § 1, 2013).
18.03.120 “M.”
“Master program” means the comprehensive use plan for the Skagit River and Gages Slough shorelines, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020 (RCW 90.58.030).
“May” means the action is acceptable, provided it conforms to the provisions of this title.
“Mitigation” or “mitigation sequencing” means the following sequence of steps listed in order of priority, with subsection (1) of this definition being top priority:
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 to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate corrective measures (WAC 173-26-020).
“Must” means a mandate; the action is required. (Ord. 1786 § 1, 2013).
18.03.130 “N.”
“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.
“Nonconforming development or use,” for the purpose of this program, means a development in lawful use at the effective date of adoption or amendment, as appropriate, of this program, and which no longer conforms to the applicable shoreline provisions.
“Nonpoint pollution” means pollution that enters any water of the state from any dispersed land-based or water-based activities, including, but not limited to, atmospheric deposition, surface water runoff from agricultural lands, urban areas, or forest lands, subsurface or underground sources or discharges from boats or marine vessels not otherwise regulated under the National Pollutant Discharge Elimination System program.
“Non-water-oriented uses” mean those uses that are not water-dependent, water-related, or water-enjoyment. (Ord. 1786 § 1, 2013).
18.03.140 “O.”
“Open space” means public and private land and natural wetlands which retain their natural or semi-natural character because they have not been developed with structures and paving. It may include lands in agricultural use, outdoor recreation land, or other land that may be required to be reserved in open space as part of a development project under this master program.
“Ordinary high water mark” on all lakes, streams and tidal water means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology. Where the ordinary high water mark cannot be found on a stream, it shall be the line of mean high water. (Ord. 1786 § 1, 2013).
18.03.150 “P.”
“Permit” means any substantial development, variance, conditional use permit, or revision authorized under chapter 90.58 RCW.
“Planning commission” means the Burlington planning commission.
“Planning department” means the city of Burlington department of planning and community development.
“Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes:
1. Comparatively high fish and wildlife density;
2. Comparatively high fish and wildlife species diversity;
3. Fish spawning habitat;
4. Important wildlife habitat;
5. Important fish and wildlife seasonal ranges;
6. Important fish and wildlife movement corridors;
7. Rearing and foraging habitat;
8. Important marine mammal haul-out;
9. Refugia habitat;
10. Limited availability;
11. High vulnerability to habitat alteration;
12. Unique or dependent species; or
13. Shellfish bed.
A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (e.g., old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (e.g., consolidated marine/estuarine shorelines, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.
“Priority species” means fish and wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below:
1. Criterion 1. State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the department of fish and wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
2. Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.
3. Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
4. Criterion 4. Species listed under the Endangered Species Act as either threatened or endangered.
“Professional archaeologist” means a person with qualifications meeting the federal Secretary of the Interior’s standards for a professional archaeologist. Archaeologists not meeting this standard may be conditionally employed by working under the supervision of a professional archaeologist for a period of four years provided the employee is pursuing qualifications necessary to meet the federal Secretary of the Interior’s standards for a professional archaeologist. During this four-year period, the professional archaeologist is responsible for all findings. The four-year period is not subject to renewal.
“Provisions” means policies, regulations, standards, guideline criteria or environment designations. (Ord. 1786 § 1, 2013).
18.03.160 “R.”
“Recreation development” means the development of the natural or existing environment to accommodate commercial and public recreation facilities. This includes clearing land, earth modifications, structures and other facilities such as parks, camps, campgrounds, camping clubs, golf courses, and other outdoor recreation areas.
“Residential development” includes single-family residences, multifamily development, the creation of new lots through subdivision and floating homes and live-aboard vessels.
“Restore, restoration or ecological restoration” means the reestablishment or upgrading of ecological shoreline functions through measures such as revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not necessarily imply returning the shoreline area to aboriginal or pre-European settlement conditions.
“Revetments” are sloped walls constructed of riprap or other substantial material, placed on stream banks to retard bank erosion from high velocity currents.
“Riprap” means hard, angular quarry rock used for stream bank stabilization or other flood control works.
“Riverine” means pertaining to a river or stream system, including associated lakes and wetlands.
“River delta” means those lands formed as an aggradational feature by stratified clay, silt, sand and gravel deposited at the mouths of streams where they enter a quieter body of water. The upstream extent of a river delta is that limit where it no longer forms distributary channels. (Ord. 1786 § 1, 2013).
18.03.170 “S.”
“Shorelands or shoreland areas” (RCW 90.58.030) means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this title; the same to be designated as to location by the Department of Ecology. Any county or city may determine that portion of a 100-year-floodplain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward 200 feet therefrom. In the city of Burlington, the shorelands include the Skagit River and an area extending 200 feet landward from the floodway, the floodway being the waterward top of levee until established on a case-by-case basis.
“Shoreline areas” and “shoreline jurisdiction” means all “shorelines of the state” and “shorelands” as defined in RCW 90.58.030.
Shoreline Management Zone (SMZ). In the city of Burlington, this includes the Skagit River and an area extending 200 feet landward from the floodway, the floodway being the waterward top of levee until established on a case-by-case basis. The SMZ also includes Gages Slough but not its buffer.
“Shoreline master program” or “master program” means the comprehensive land use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020.
As provided in RCW 36.70A.480, the goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the city’s comprehensive plan. All other portions of the shoreline master program for a city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county’s or city’s development regulations.
“Shoreline modifications” means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structures. They can include other actions, such as clearing, grading, or application of chemicals.
“Shoreline stabilization” means structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind, or wave action. The definition of “new stabilization measures” includes enlargement of existing structures.
“Shorelines” means all of the water areas of the state, 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 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (3) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes (RCW 90.58.030).
“Shorelines of the state” are the total of all “shorelines” and “shorelines of statewide significance” within the state.
“Shorelines of statewide significance” includes any natural river or segment thereof west of the crest of the Cascade range downstream of a point where the annual flow is measured at 1,000 cubic feet per second or more. In the city of Burlington this means the Skagit River shoreline and an area extending landward 200 feet from the floodway and the Gages Slough wetlands.
“Should” means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this title, against taking the action.
“Significant ecological impact” means an effect or consequence of a human caused action if any of the following apply:
1. The action degrades or changes an ecological function or ecosystem-wide process to such a degree that the ecosystem can no longer perform the function at levels within its natural range of variability or that the performance of the function falls outside the range needed to maintain the integrity of other ecological processes in shoreline areas. As used in this definition, the normal range of variability does not include alterations caused by catastrophic events.
2. Scientific evidence or objective analysis indicates that the action could cause degradation or change to those ecological functions or ecosystem-wide processes described in subsection (1) of this definition under foreseeable conditions.
3. Scientific evidence indicates that the action could contribute to degradation or change to ecological functions or ecosystem-wide processes described in subsection (1) of this definition as part of cumulative impacts, due to similar actions that are occurring or are likely to occur.
“Significant ecological impacts” do not include impacts that are inconsequential to attaining the objectives of the Act or to the protection and restoration of shoreline ecological functions or ecosystem-wide processes.
“Significant vegetation removal” means the removal of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.
“Stream” means a naturally occurring body of periodic or continuously flowing water where:
1. The mean annual flow is greater than 20 cubic feet per second; and
2. The water is contained within a channel. A channel is an open conduit either naturally or artificially created. This definition does not include artificially created irrigation, return flow, or stockwatering channels.
“Structure” means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels.
“Substantial development” means any development of which the total cost or fair market value exceeds $8,504, or as adjusted for inflation by the Washington Office of Financial Management (OFM) every five years, effective September 2, 2017, or any development which materially interferes with the normal public use of the water or shorelines of the state. (See RCW 90.58.030(3)(e) for details.) See BMC 18.09.020 for exemptions from substantial development permits.
“Substantially degrade” means to cause significant ecological impact.
“Surface or open-pit mining” involves either the removal of surface material (overburden) to enable the underlying mineral resources to be exposed and extracted (quarried) or the direct extraction of naturally occurring surface minerals and materials such as rock, sand, gravel, and aggregate. Removal of sand from river bars is considered a surface mining activity. (Ord. 1924 § 1 (Exh. A), 2022; Ord. 1786 § 1, 2013).
18.03.180 “T.”
“Threatened and endangered species or T&E species” means those native species that are listed in rule WAC 232-12-297 by the Washington State Department of Fish and Wildlife pursuant to RCW 77.12.020 as threatened (WAC 232-12-011) or endangered (WAC 232-12-014), or that are listed as threatened or endangered species under the federal Endangered Species Act, 16 U.S.C. 1533.
“Transportation facilities” are those structures and developments that aid in land and water surface movement of people, goods, and services, including roads, trails, bikeways, parking areas, bridges and rail transportation. (Ord. 1786 § 1, 2013).
18.03.190 “U.”
“Upland” means those shoreline areas landward of the ordinary high water mark except backshores, natural wetlands, and floodplains. (Ord. 1786 § 1, 2013).
18.03.200 “V.”
“Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. (Ord. 1786 § 1, 2013).
18.03.210 “W.”
“Water-dependent use” means a use or portion of a use which cannot exist in a location that is not adjacent to the water but is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses include ship cargo terminal loading areas, fishing, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities, hydroelectric dams, surface water intake, and sewer outfalls.
“Water-enjoyment use” means a recreational use, or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design, and operation assures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses are as defined in WAC 173-26-020(40).
“Water-oriented use” means a use that is a water-dependent, water-related, or water-enjoyment use, or a combination of such uses.
“Water quality” means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this title, the term “water quantity” refers only to development and uses regulated under this title and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this title, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
“Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:
1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent activities and the proximity of the use to its customers makes its services less expensive and/or more convenient.
Water-related uses include manufacturers of ship parts large enough that transportation becomes a significant factor in the product’s cost, professional services serving primarily water-dependent uses and storage of water-transported foods. Other examples of water-related uses include the warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker, and upland log storage for waterborne transportation.
“Wetlands or wetland areas” means 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 typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not 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 unintentionally created as a result of the construction of a road, street or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Ord. 1786 § 1, 2013).