Chapter 20.02
CRITICAL AREAS DEFINITIONS
Sections:
20.02.010 Purpose.
For purposes of the city’s critical areas regulations, Chapter 20.12 OHMC, General Critical Areas Regulations; Chapter 20.16 OHMC, Garry Oak Tree Protection; Chapter 20.24 OHMC, Wetlands; Chapter 20.25 OHMC, Fish and Wildlife Habitat Conservation Areas; Chapter 20.28 OHMC, Geologically Hazardous Areas; Chapter 20.32 OHMC, Critical Aquifer Recharge Areas; and Chapter 20.34 OHMC, Frequently Flooded Areas, and to clarify the intent and meaning of certain words or terms, the following list of definitions is provided. All other words used in these chapters carry their customary meanings. Words in the present tense include the past tense and words in the singular include the plural, and vice versa. (Ord. 1801 § 1, 2018; Ord. 1440 § 1, 2005).
20.02.020 Definitions.
(1) “Alteration” means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the critical area.
(2) “Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine environment.
(3) “Applicant” means a person who files an application for a critical areas permit and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person.
(4) “Aquifer” means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
(5) “Aquifer recharge areas” means areas that, due to the presence of certain soils, geology, and surface water, act to recharge ground water by percolation.
(6) “Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Examples of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas,” published by the Washington State Department of Commerce.
(7) “Best management practices (BMPs)” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.
(8) “Bog” means a low nutrient, acidic wetland with organic soils, which is sensitive to disturbance and impossible to recreate through compensatory mitigation.
(9) “Buffer” or “buffer zone” means the zone contiguous with a sensitive area that is required for the continued maintenance, function, and structural stability of a critical area. The critical functions of a riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, interception of fine sediments, overflow during high water events, protection from disturbance by humans and domestic animals, maintenance of wildlife habitat, and room for variation of aquatic system boundaries over time due to hydrologic or climatic effects. The critical functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from storm water runoff and precipitation, and erosion control. Wetland buffers do not include unvegetated and developed areas such as roads, buildings, and parking lots that do not provide functional value or structural stability to critical areas and therefore shall not be considered as an ecologically significant part of the buffer.
(10) “Critical aquifer recharge area” means as defined in OHMC 20.32.010.
(11) “Critical areas” include, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems.
(12) “Cumulative impacts or effects” means the combined, incremental effects of human activity on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions.
(13) “Developable area” means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this title.
(14) “Development” means a land use consisting of the construction or exterior alteration of structures; grading, dredging, drilling, or dumping; filling; removal of sand, gravel, or minerals; bulk heading; driving of pilings; or any project of a temporary or permanent nature which modifies structures, land, or shorelines and which does not fall within the allowable exemptions contained in the Oak Harbor Municipal Code.
(15) “Director” means the director of the city of Oak Harbor department of development services, or other city staff granted the authority to act on behalf of the director.
(16) “Drip line” means a line projected to the ground delineating the outermost extent of a tree’s foliage in all directions.
(17) “Fish and wildlife habitat conservation” means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term.
(18) “Fish and wildlife habitat conservation areas” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. These areas do not include such artificial features or constraints as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. The city of Oak Harbor may also designate locally important habitats and species.
(19) “Forage fish” means small fish that consume plankton, which are consumed by other fish higher in the food chain, such as salmon.
(20) “Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation.
(21) “Geologically hazardous areas” means as defined in OHMC 20.28.010.
(22) “Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.
(23) “Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.
(24) “Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.
(25) “Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.
(26) “Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.
(27) “High intensity land use” means land uses which typically will have a high impact to the functions and values of a wetland. Such uses include: commercial, industrial, institutional, residential (density greater than one dwelling per acre), high intensity recreation (golf courses, ball fields), and hobby farms.
(28) “Historic condition” means a condition of the land, including flora, fauna, soil, topography, and hydrology, that existed before the area and vicinity were developed or altered by human activity.
(29) “Impervious surface” means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle, as under natural conditions prior to development. A nonvegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
(30) “Infiltration” means the downward movement of water from the surface to the subsoil.
(31) “In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity.
(32) “Isolated wetlands” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water, including other wetlands.
(33) “Landslide hazard areas” means areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors, including: bedrock, soil, slope gradient, slope aspect, geologic structure, ground water, or other factors.
(34) “Low intensity land use” means land uses which typically will have a low impact to the functions and values of a wetland. Such uses include: low intensity open space (hiking, bird watching), unpaved trails, and utility corridors with no maintenance road.
(35) “Mature forested wetland” means a wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height, which is at least partially rooted within the wetland, where the largest trees are at least 80 years old or are greater than 21 inches in diameter at breast height.
(36) “Mitigation” means, in the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Minimizing or eliminating a hazard by restoring or stabilizing the hazard area through engineered or other methods;
(e) Reducing or eliminating the impact over time by preservation and maintenance operations;
(f) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
(g) Monitoring the hazard or other required mitigation and taking remedial action when necessary.
(37) “Moderate intensity land use” means land uses which typically will have a moderate impact to the functions and values of a wetland. Such uses include: residential (density less than one dwelling unit per acre), moderate intensity open space (parks with biking, jogging, etc.), paved trails, building of logging roads, utility corridors including access/maintenance road.
(38) “Monitoring” means the collection of data by various methods for the purposes of understanding natural systems and features, evaluating the impacts of development proposals on such systems, and assessing the performance of required mitigation measures imposed as conditions of development.
(39) “Native growth protection area (NGPA)” means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants and animal habitat.
(40) “Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry and salal; and herbaceous plants such as sword fern, foam flower, and fireweed.
(41) “Oak tree” means a Garry oak (Quercus garryana, also known as Oregon white oak) tree more than six feet tall. “Oak tree” shall not apply to any tree grown or held for sale in a licensed nursery, nor to the first removal or transplanting of a tree pursuant to the operation of a licensed nursery business.
(42) “Off-site compensation” means to replace critical areas away from the site on which a critical area has been impacted.
(43) “On-site compensation” means to replace critical areas at or adjacent to the site on which a critical area has been impacted.
(44) “Ordinary high water mark” means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil destruction on terrestrial vegetation, or the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding area.
The ordinary high water mark will be found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are so common and usual, and so long maintained in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be measured so as to include the entire stream feature.
(45) “Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.
(46) “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state or local government unit, however designated.
(47) “Pesticide” means a general term used to describe any substance, usually chemical, used to destroy or control organisms; includes herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and are not naturally found in the environment. Others, such as pyrethrum, are natural toxins that are extracted from plants and animals.
(48) “Porous soil types” means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices, or other openings which allow the passing of water. High permeable soils in Oak Harbor include: Hoypus gravelly loamy sand, Snakelum coarse sandy loam, Keystone loamy sand and Norma loam. Moderate permeable soils include: Coastal Beach, Made Land, Whidbey gravelly sandy loam, Townsend sand loam, and Swantown gravelly sandy loam.
(49) “Potable water” means water that is safe and palatable for human consumption.
(50) “Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and has less impacts to critical areas.
(51) “Primary association area” means the area used on a regular basis by, that is in close association with, or is necessary for the proper functioning of the habitat of a species protected under the critical areas regulations of this title. “Regular basis” means that the habitat area is normally, or usually, known to contain the species, or it is likely to contain the species based on its known habitat requirements. Regular basis is species and population dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat types.
(52) “Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element, as identified in WAC 173-26-020.
(53) “Project area” means all areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum.
(54) “Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or a related field, and have at least five years of related work experience.
(a) A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.
(b) A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.
(c) A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.
(55) “Recharge” means the addition of water to the zone of saturation.
(56) “Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
(57) “Riparian habitat” means areas adjacent to aquatic systems that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other.
(58) “Salmonids” means members of the Salmonidae family of fishes, including regionally important species such as salmon, steelhead, and trout.
(59) “Seeps” means spots where water oozes from the earth, often forming the source of a small stream.
(60) “Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
(61) “SEPA” means Washington State Environmental Policy Act, Chapter 43.21C RCW.
(62) “Significant portion of its range” means that portion of a species range likely to be essential to the long-term survival of the population in Washington.
(63) “Significant tree” means a healthy evergreen or deciduous tree 12 inches or more in diameter measured four feet above existing grade.
(64) “Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.
(65) “Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.
(66) “Species, endangered” means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.
(67) “Species of local importance” means those species of local concern designated by the city of Oak Harbor due to their population status or their sensitivity to habitat alteration, or that are game species.
(68) “Species, priority” means any fish or wildlife species requiring protective measures and/or management actions to ensure their survival. A species identified and mapped as priority species by the Washington Department of Fish and Wildlife (WDFW) fits one or more of the following criteria:
(a) Criterion 1 – State-Listed and Candidate Species. State-listed species are 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 candidate species are fish and wildlife species that will be reviewed by WDFW for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
(b) Criterion 2 – Vulnerable Aggregations. Vulnerable aggregations include species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to aggregate. Examples include heron rookeries, seabird concentrations, marine mammal haulouts, shellfish beds, and fish spawning and rearing areas.
(c) Criterion 3 – Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish and wildlife species of recreational or commercial importance, and recognized species used for tribal ceremonial and subsistence purposes, whose biological or ecological characteristics make them vulnerable to decline in Washington or that are dependent on habitats that are highly vulnerable or are in limited availability.
(69) “Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.
(70) “Steep slope” means slopes of 40 percent gradient or steeper within a vertical elevation change of at least 10 feet. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. For the purpose of this definition:
The toe of a slope is a distinct topographic break in slope that separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the toe of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet; and the top of a slope is a distinct topographic break in slope that separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the top of a steep slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet.
(71) “Stormwater Management Manual” or “manual” means the 2019 Stormwater Management Manual for Western Washington, issued by the Washington Department of Ecology.
(72) “Stream” means an area where open surface water produces a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses, unless they are used by salmonids or are used to convey a watercourse naturally occurring prior to construction. A channel or bed need not contain water year-round, provided there is evidence of at least intermittent flow during years of normal rainfall.
(73) “Topping, tree” means the severing of the main stem of a tree in order to reduce its overall height; provided, that no more than 40 percent of the live crown shall be removed.
(74) “Trimming, tree” means the pruning or removal of limbs; provided, that the main stem is not severed and no more than 40 percent of the live crown is removed.
(75) “Unavoidable” means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.
(76) “Unstable slope” means a naturally occurring slope with a gradient between 15 and 39 percent (dividing the vertical rise by the horizontal extent), with a total vertical relief greater than 10 feet, where springs or ground water seepage is present on the slope. Existing slopes modified with engineering oversight or in accordance with standard construction industry techniques are not considered unstable slopes.
(77) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 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.
(78) “Wetland creation” means the manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland or an upland or deepwater site where a wetland did not previously exist.
(79) “Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present.
(80) “Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing advance mitigation to compensate for future, permitted impacts to similar resources.
(81) “Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water.
(82) “Wetland preservation” means removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland.
(83) “Wetland reestablishment” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland.
(84) “Wetland rehabilitation” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland.
(85) “Wetland restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. (Ord. 1945 § 3, 2022; Ord. 1801 § 2, 2018; Ord. 1784 § 75, 2016; Ord. 1440 § 1, 2005).