Chapter 20.10 DEFINITIONS

The terms listed in this chapter and used throughout this title shall be defined and interpreted as indicated below. When consistent with the context, words used in the present tense shall include the future, the singular shall include the plural, and the plural the singular. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.010 Accessory development.

“Accessory development” means any development incidental to and subordinate to a primary use of a shoreline site and located adjacent thereto. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.015 Act.

“Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) as amended. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.020 Administrator.

“Administrator” means the Community Development Director acting as Shoreline Administrator. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.025 Agricultural practices.

“Agricultural practices” means the commercial farming or raising of livestock or crops. New agricultural practices are prohibited within the City of Ferndale. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.030 Appurtenance.

“Appurtenance” means development that is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the OHWM and the perimeter of a wetland. Appurtenances include a garage, deck, driveway, utilities, fences and grading which does not exceed 250 cubic yards (except to construct a conventional drain field). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.035 Aquacultural activities.

“Aquacultural activities” means the commercial culture of feed fish, shell fish, or aquatic plants and animals, including but not limited to propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures and native fisheries enhancement projects. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.040 Aquatic environment designation.

“Aquatic environment designation” is defined as the area waterward of the ordinary high water mark (OHWM) of all streams and rivers, and all lakes, together with their underlying lands and their water column; including, but not limited to: streamways, bedlands, wetlands and shorelands. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.045 Bankfull width.

“Bankfull width” means the channel width at the most effective channel-forming flood with a recurrence interval seldom greater than the two-year flood in undisturbed channels. The bankfull discharge may be greater than the two-year flood for incised channels. Bankfull discharge occurs at the maximum product of flow frequency and sediment transport. Bankfull discharge may be exceeded multiple times within a given year. This may occur in a single event, or it might occur in different isolated events. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.050 Bedlands.

“Bedlands” means those submerged lands below the line of navigability of navigable lakes and rivers. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.055 Boating facility.

“Boating facilities” means facilities for vehicular or mechanical launching of boats, including, but not limited to, boat ramps, docks, and floats. Docks serving four or fewer single-family residences are not considered boating facilities. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.060 Bog.

“Bog” means a wetland depression, or other undrained or poorly drained area, containing or covered with usually more than one layer of peat and as defined in Chapter 173-22 WAC. Characteristic vegetation of bogs are sedges, reeds, rushes, or mosses. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.065 Buffer.

“Buffer” means an undeveloped area of natural or landscaped vegetation located on site between a developed area and a road, property line, shoreline or other use or feature which serves to reduce use conflicts and other impacts. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.070 Building.

“Building” means any structure designed for or used for the support, shelter, or enclosure of persons, animals, chattels, or personal property, and which is used for a fixed location on land or water. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.075 Bulkheads.

“Bulkheads” means wall-like structures placed parallel to shore primarily for retaining uplands and fills prone to sliding or sheet erosion, to protect uplands and fills from erosion by wave or current action. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.080 City.

“City” means City of Ferndale. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.085 Commercial development.

“Commercial development” means those uses that are involved in wholesale and/or retail trade or business activities. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.090 Community dock.

“Community dock” means a dock used in common by the general public or a private community. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.095 Conditional use.

“Conditional use,” for the purposes of this title, means a particular type of use or development listed in the regulations as being permitted only as a conditional use. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.100 Conservancy environment designation.

“Conservancy environment designation” is defined as a shoreline area containing natural resources which can be used/managed on a multiple use basis without extensive alteration of topography or banks. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.105 Critical areas ordinance.

“Critical areas ordinance (CAO)” means Ordinance No. 1987, dated March 20, 2017, and any revisions hereto, incorporated herein. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.110 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to construction or exterior alteration of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, but not including any open wire fences. For the purposes of this title, “development” does not include dismantling or removing structures if there is no other associated development or redevelopment. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.115 Dredging.

“Dredging” means the removal, displacement, and disposal of unconsolidated earth material such as silt, sand, gravel, or other submerged material from the bottom of water bodies, ditches or wetlands; maintenance dredging and other support activities are included in this definition. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.120 Ecology.

“Ecology” means the state Department of Ecology. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.125 Ecological functions.

“Ecological functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.130 Emergency.

“Emergency,” or “emergency situation,” means an unanticipated and imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full compliance with this title. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.135 Fair market value.

“Fair market value” of a development means the open market bid price for conducting the work, using the equipment and facilities, and purchasing of the goods, services and materials necessary to accomplish the development. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.140 Feasible.

“Feasible” means, for the purpose of this title, that an action, such as a development project, mitigation, or preservation requirement, meets at least one of the following conditions:

A. 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;

B. The action provides a reasonable likelihood of achieving its intended purpose; and

C. The action does not physically preclude achieving the project’s primary intended legal use. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.145 Fill.

“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. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.150 Fish and/or wildlife enhancement.

“Fish and/or wildlife enhancement” means development or other nonstructural alteration of a shoreline to rehabilitate, maintain, or create fish and/or wildlife habitat, or to enhance the fish and/or wildlife resource available for use by all of the citizens of the state. Fish and/or wildlife enhancement may include projects described within watershed restoration plans, as defined by this chapter. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.155 Flood insurance rate map.

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.160 Floodplain.

“Flood plain” is synonymous with the FEMA 100-year floodplain shown on the FIRM and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.165 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood as established by the locally adopted FEMA flood insurance rate map (FIRM). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.170 FMC.

“FMC” means the City of Ferndale Municipal Code, as amended. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.175 Forest practices.

“Forest practices” means activities conducted on or directly pertaining to forest lands, regulated in Chapter 222-16 WAC or Chapter 76.09 RCW, relating to growing, harvesting, or processing timber. This includes, but is not limited to: road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.180 Geologically hazardous areas.

“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, pose unacceptable risks to public health and safety and may not be suited to commercial, residential, or industrial development. Areas described in FMC 16.08.430 that are prone to steep slopes, erosion hazards, earthquake sensitivity, and volcanic debris flow, and which are therefore subject to the critical areas ordinance regulations adopted by reference in this title. These areas require additional review to determine their suitability for development. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.185 Geotechnical report or geotechnical analysis.

“Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation conducted by a qualified consultant (geohazards) as defined in FMC 16.08.530 for the purpose of determining the adequacy of the site to be developed from a geologic perspective. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.190 Grading.

“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. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.195 Grade plane.

“Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.200 Hard shoreline stabilization.

“Hard shoreline stabilization” is a technique that hardens and stabilizes the shoreline landward of the structure. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.205 Hazardous materials.

“Hazardous materials” means any substance containing such elements or compounds which when discharged in any quantity in shorelines present an imminent and substantial danger to public health or welfare; including, but not limited to: fish, shellfish, wildlife, water quality, and other shoreline features and property. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.210 Hazardous, sensitive or unsuitable areas.

“Hazardous, sensitive or unsuitable areas” means any critical area, as defined in the City’s critical areas ordinance, any flood hazard areas, or any other areas requiring special precautionary measures for development in order to avoid adverse impacts to the environment or safety hazards. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.215 Height of building.

“Height of building” means the vertical distance from the average grade level as defined in WAC 173-27-030(3), to the highest point on the coping of a flat roof or the highest ridge of a pitch or hip roof; 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. When conflicts exist between the height measurement described in this title and the height measurement described in other chapters of the Ferndale Municipal Code that would result in an over-height building, the more restrictive height limitation shall prevail. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.220 Industrial development.

“Industrial development” means facilities for processing, manufacturing, and storage of finished or semi-finished goods, together with necessary accessory uses such as parking, loading, and waste storage and treatment. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.225 In-stream structure.

“In-stream structure” means a structure placed by humans within a stream or river waterward of the bank full width that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.230 Letter of exemption.

“Letter of exemption” means a letter or other official certificate issued by the City to indicate that a proposed development is exempted from the requirement to obtain a shoreline substantial development permit as provided in WAC 173-27-050. Letters of exemption may include conditions or other provisions placed on the proposal in order to ensure consistency with the Shoreline Management Act, its implementing rules, and this title. Letters of exemption shall be transmitted to the Washington State Department of Ecology for the purpose of facilitating Ecology’s coordination of local actions pursuant to WAC 173-27-050. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.235 Mining.

“Mining” means the removal of naturally occurring metallic and nonmetallic minerals or other materials from the earth for economic use. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.240 Mitigation.

“Mitigation” or “mitigation sequencing” means a sequence of steps listed in order of priority designed, together with a monitoring process, to avoid, minimize, rectify, reduce, and compensate for impacts to critical areas and ecological function. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.245 Natural or existing topography.

“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. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.250 Non-water-oriented uses.

“Non-water-oriented uses” means those uses that are not water-dependent, water-related, or water-enjoyment. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.255 Nonconforming use or development.

“Nonconforming use or development” means a shoreline use or development which was lawfully constructed or established prior to the effective date of the Act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of this title. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.260 Normal protective bulkhead.

“Normal protective bulkhead” means a bulkhead constructed at or near the ordinary high water mark, the sole purpose of which is to protect land from erosion, not to create new land. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.265 Official shoreline map.

“Official shoreline map” means the adopted map or maps, including amendments thereto, showing shoreline jurisdiction, the respective shoreline environment designations within, and including any notes or text placed on the maps. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.270 Ordinary high water mark (OHWM).

“Ordinary high water mark (OHWM)” means the mark on all lakes, streams, and tidal water 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; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water (RCW 90.58.030.C). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.275 Permitted uses.

“Permitted uses,” as identified in Chapters 20.30, 20.35, 20.40, 20.45 and 20.50 FMC, are those uses, not determined to be exempt from the substantial development permit process under the provisions in Chapter 20.25 FMC, that require a substantial development permit in order to be allowed within shoreline jurisdiction. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.280 Person.

“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, state agency or local governmental unit, however, designated, or Native American tribe. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.285 Piers, docks and floats.

“Piers, docks and floats” shall mean all platform structures, fill, or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water-dependent recreation, including but not limited to mooring buoys, swim floats, float plane moorages, covered moorages, and water ski jumps. Excluded are recreational decks, storage facilities, launch ramps, or other appurtenances. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.290 Primary use.

“Primary use” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.295 Priority habitat.

“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: comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; important marine mammal habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or 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 (such as old-growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.300 Priority species.

“Priority species” means 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 in WAC 173-26-020(31)(a) through (31)(d). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.305 Prohibited uses.

“Prohibited uses” means those uses that are not allowed within shoreline jurisdiction, unless continuing to occur as a nonconforming use, governed by the provisions in Chapters 20.30, 20.35, 20.40, 20.45 and 20.50 FMC. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.310 Public access.

“Public access” shall mean the public’s right to utilize the state’s public waters, the water/land interface, and associated shoreline area. It includes physical access that is either lateral (areas paralleling the shore) or perpendicular (an easement or public corridor to the shore), and visual access facilitated by scenic roads and overlooks, viewing towers and other public sites or facilities. However, public access does not grant the public any rights to access privately owned shorelines. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.315 Recreational development.

“Recreational development” means the process or result of modification to the natural or existing environment to accommodate recreation. Recreational development may include land clearing, earth modifications, structures and other facilities such as parks, camps, camping clubs, launch ramps, golf courses, viewpoints, paths, public access facilities, public parks and playfields, wildlife enhancement, and other outdoor recreation areas that have a low intensity of use. Recreational development shall not include recreational homes and related subdivisions of land, which are considered residential. Resorts, motels, hotels, recreational vehicle parks, intensive commercial outdoor or indoor recreation and other commercial enterprises are considered commercial. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.320 Residential environment designation.

“Residential environment designation” means an area which is planned for residential development. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.325 Residential development.

“Residential development” means buildings, earth modifications, subdivision and use of land primarily for human residence; including, but not limited to: single-family and multifamily dwellings, mobile homes and mobile home parks, together with accessory uses common to normal residential use. Camping sites or clubs, recreational vehicle parks, motels, hotels and other transient housing are not included in this definition. Mixed-used development that includes an industrial or commercial component is not included in this definition. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.330 Restoration or ecological restoration.

“Restoration” or “ecological restoration” means the significant reestablishment or upgrading of ecological functions through measures such as revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply returning the shoreline area to aboriginal or pre-European settlement conditions. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.335 Restore.

“Restore” means to significantly reestablish or improve shoreline ecological functions through measures such as revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic sediments. To restore does not necessarily imply returning the shoreline area to Native American or pre-European settlement conditions. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.340 Riverine.

“Riverine” means pertaining to a river or stream system, including associated lakes and wetlands. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.345 Roads and railways.

“Road” means a linear passageway for motor vehicles, and “railway” means a linear passageway with track for train traffic. This definition includes related bridges and culverts, fills, embankments, causeways, parking areas, truck terminals and rail switchyards, sidings, spurs, and airfields; not included are recreational trails, highway rest areas, ship terminals, seaplane moorages, nor logging roads. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.350 Rural environment designation.

“Rural environment designation” is defined as an area developed at a low overall density or used at a low to moderate intensity; including, but not limited to: residences, agriculture and outdoor recreation developments. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.355 Shoreline areas.

“Shoreline areas” mean those areas described and mapped on the official City of Ferndale shorelines map. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.360 Shoreline conditional uses.

“Shoreline conditional uses” are those uses that must be processed as shoreline conditional uses under the provisions in FMC 20.25.030. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.365 Shoreline environment designations.

“Shoreline environment designations” are distinct environment designations based on existing use patterns, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through the Comprehensive Plan. The City of Ferndale’s shoreline environment designations are as follows:

A. Urban.

B. Residential.

C. Rural.

D. Conservancy.

E. Aquatic. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.370 Shoreline modifications.

“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 structure. They can include other actions, such as clearing, grading, or application of chemicals. Shoreline modifications usually accompany a proposed primary use but may occur independently. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.375 Shoreline jurisdiction.

“Shoreline jurisdiction” or “shorelands” means those lands as designated on the official City of Ferndale shoreline map. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.380 Shoreline permit.

“Shoreline permit” means a shoreline substantial development permit, a shoreline conditional use, or a shoreline variance, or any combination thereof issued by the City pursuant to Chapter 90.58 RCW. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.385 Shorelines.

“Shorelines” means all of the water areas of the state, including but not limited to reservoirs and their associated shorelands, together with lands underlying them, except shorelines of statewide significance, 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 shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. Wetlands, including but not limited to those within the 100-year floodplain that are associated with the Nooksack River, are also subject to shoreline jurisdiction. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.390 Shorelines of the state.

“Shorelines of the state” are the total of all shorelines and shorelines of statewide significance within the state of Washington. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.395 Shorelines of statewide significance.

“Shorelines of statewide significance” means the following areas in the City of Ferndale, pursuant to RCW 90.58.030(2)(f):

That portion of the Nooksack River, including associated shorelands, lying within the boundaries of the City of Ferndale. Wetlands within the 100-year floodplain of the Nooksack River include those within Tennant Lake and Ten Mile Creek. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.400 Significant ecological impact.

“Significant ecological impact” means an effect or consequence of a human-caused action if any of the following apply:

A. 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.

B. 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 (A) of this section under foreseeable conditions.

C. Scientific evidence indicates that the action could contribute to degradation or change to ecological functions or ecosystem-wide processes described in subsection (A) of this section as part of cumulative impacts, due to similar actions that are occurring or are likely to occur.

D. 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. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.405 Significant vegetation removal.

“Significant vegetation removal” means the removal or alteration 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. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.410 Signs.

“Signs” means any placard, billboard, display, message, design, letters, symbol, light, figure, illustration, set of pennants, or other devices intended to identify, inform, advertise, or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi-public place.

Excluded from this definition are official traffic, directional or warning devices, other official public notices, signs required by law, or flag of a government or other noncommercial institution. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.415 Soft shoreline stabilization.

“Soft shoreline stabilization” means the use of environmentally friendly stabilization techniques used to protect property and uses from shoreline erosion. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.420 Solid waste.

“Solid waste” means all solid and semisolid waste, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles and parts, thereof, and any other discarded commodities. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.425 Statement of exemption.

“Statement of exemption” means a written statement by the Administrator that a particular development proposal is exempt from the process of obtaining a substantial development permit and is generally consistent with this title including the policy of the Act (RCW 90.58.020). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.430 Stormwater.

“Stormwater” means that portion of precipitation that does not normally percolate into the ground or evaporate but flows via overland flow, interflow, channels, or pipes, generally into a defined surface water channel or constructed infiltration facility. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.435 Stream.

“Stream” means a naturally occurring body of periodic or continuously flowing water where the water is contained within a channel. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.440 Streamway.

“Streamway” means the bed and banks of a stream and those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the annual passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales. The channel or bed need not contain water year-round. This definition includes drainage ditches or other artificial water courses where natural streams existed prior to human alteration, and/or the waterway is used by anadromous or resident salmonid or other fish populations or flows directly into shellfish habitat conservation areas. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.445 Structure.

“Structure” means a combination of materials constructed or erected which has permanent location on the ground or is attached to something having permanent location on the ground, not to include paving or surfacing of areas, fences not more than seven feet high, walls not more than six feet high that are used as fences, or screening that is not more than six feet high. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.450 Substantial development.

“Substantial development” shall mean any development within shoreline jurisdiction, of which the total cost or fair market value is $8,504, or any development which materially interferes with the normal public use of the water or shorelines of the state, except that development determined to be exempt under Chapter 20.25 FMC. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.455 Upland.

“Upland” shall mean those shoreline areas landward of the OHWM except berms, natural wetlands, and flood plains. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.460 Urban environmental designation.

“Urban environment designation” is defined as an area of intensive development including but not limited to urban density residential, commercial and industrial uses. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.465 Urban agriculture.

“Urban agriculture” means agricultural activities occupying less than two acres of land, generally divided into smaller garden plots that may be planted and maintained by individuals or a collective, such as a community garden. Urban agricultural practices within the designated shoreline jurisdiction shall not utilize pesticides or other chemicals that are incompatible with sensitive shoreline areas. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.470 Utilities.

“Utilities” means but is not limited to facilities for distributing, processing, or storage of water, sewage, solid waste, storm drainage, electrical energy including electronic communications, and their administrative structures, as well as pipelines for oil and gas, and firefighting facilities. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.475 Variance.

“Variance” means a modification of the regulations of this title granted by the Hearings Examiner after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.480 Water-dependent use.

“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. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.485 Water-enjoyment use.

“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 location, design, and operation ensures 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 may include, but are not limited to:

A. Parks with activities enhanced by proximity to the water;

B. Other improvements that facilitate public access to shorelines of the state;

C. Restaurants with water views and public access improvements;

D. Museums with an orientation to shoreline topics;

E. Aquariums;

F. Scientific/ecological reserves;

G. Resorts with uses open to the public and public access to the shoreline; and any combination of those uses listed above. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.490 Water-oriented use.

“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. Non-water-oriented uses do not contain a water-oriented use and have no practical relation to the shoreline, e.g., mini-storage, gas station, etc. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.495 Water-related use.

“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:

A. 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

B. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.500 Watershed restoration plan.

“Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources character, and ecology of a stream, stream segment, drainage area or watershed for which agency and public review has been conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.505 Watershed restoration projects.

“Watershed restoration project” means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:

A. A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;

B. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

C. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state; provided, that any structure other than a bridge or culvert or in-stream habitat enhancement structure associated with the project is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)

20.10.510 Wetlands.

“Wetlands” means areas that are inundated or saturated by surface water 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.

In addition, the definitions and concepts set forth in RCW 90.58.030, as amended, and implementing rules shall also apply as used herein. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)