Chapter 20.210
SMP Definitions
Sections:
20.210.010 Definitions.
For the purpose of the Master Program, the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapter 20.20 SMC, Chapter 90.58 RCW, WAC 173-26-020 and 173-27-030, as amended from time to time, with the definitions contained in the RCW and WAC prevailing over the SMC.
Accretion. May be either natural or artificial. Natural accretion is the buildup of land, solely by the action of the forces of nature, on a beach by deposition of water- or airborne material. Artificial accretion is a similar buildup of land by reason of an act of humans, such as the accretion formed by a groin, breakwater, or beach fill deposited by mechanical means.
Activity. An occurrence associated with a use; the use of energy toward a specific action or pursuit. Examples of shoreline activities include, but are not limited to, fishing, swimming, boating, dredging, fish spawning, or wildlife nesting.
Adjacent Lands. Lands adjacent to the lands within the shoreline jurisdiction.
Agricultural Uses.
A. “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;
B. “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;
C. “Agricultural equipment” and “agricultural facilities” include, but are 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; and
D. “Agricultural land” means those specific land areas on which agriculture activities are conducted as of the date of adoption of this Master Program as evidenced by aerial photography or other documentation.
Anadromous Fish. Fish born in fresh water, which spend most of their lives in the sea and return to fresh water to spawn. Salmon, smelt, shad, striped bass, and sturgeon are common examples.
Aquaculture. The culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the State managed wildstock geoduck fishery and upland finfish.
Aquaculture Activity. Actions directly pertaining to growing, handling, or harvesting of aquaculture produce including, but not limited to, propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related upland commercial or industrial uses such as wholesale and retail sales, sorting, staging, hatcheries, tank farms, and final processing and freezing.
Associated Wetlands. Those wetlands that are in proximity to and either influence, or are influenced by, tidal waters or a lake or stream subject to the SMA.
Backfill. The placement of earth material or other approved material behind a retaining wall or structure.
Boat Launch or Ramp. Graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device.
Breakwaters. Structures constructed on coasts as part of coastal defense to protect an anchorage from the effects of weather and longshore drift.
Building Setback. The required linear distance between the structure/building and the shoreline or critical area. The building setback shall be equal to the depth of the required native vegetation conservation area.
Bulkheads. A vertical or nearly vertical structure placed parallel to the shoreline at or near the OHWM for the purpose of armoring the shoreline and protecting structures from the effects of erosion caused by wind or waves. Bulkheads generally consist of concrete, timber, steel, rock, or other material resistant to erosion. Bulkheads are used to protect banks by retaining soil at the toe of the slope, or by protecting the toe of the bank from erosion and undercutting.
Community Boat Launching Ramp. An inclined slab, set of pads, rails, planks, or graded slope used for launching boats with trailers or by hand for use in common by shoreline residents of a certain subdivision or community within shoreline jurisdiction.
Community Pier or Dock. Moorage for pleasure craft and/or landing for water sports for use in common by four or more residential units of a certain subdivision or community within the shoreline jurisdiction.
Conditional Use, Shoreline. A use, development, or substantial development that is classified as a conditional use or is not classified within the Master Program.
Department of Ecology or Ecology. The State agency created under Chapter 43.21A RCW responsible for the administration of the SMA.
Development, Shoreline. “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 that interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level. Development does not include dismantling or removing structures if there is no other associated development or re-development.
Dredge Spoil. The material removed by dredging.
Dredge Spoil Disposal. The depositing of dredged materials on land or into water bodies for the purpose of either creating new or additional lands or for disposing of the material in an acceptable manner.
Dredging. The removal or displacement of earth such as gravel, sand, mud, or silt from lands covered by water. Lands covered by water include stream beds and wetlands. Dredging is normally done for specific purposes or uses such as maintaining navigation channels, constructing bridge footings, or laying submarine pipelines or cable.
Ecological Functions or Shoreline Functions. The work performed or the 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.
Enhancement. Alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancements are to be distinguished from resource creation or restoration projects.
Fair Market Value. The open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services, and materials necessary to accomplish a development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation, and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment, or materials.
Feasible. An action, such as a development project, mitigation, or preservation requirement, which meets all 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.
Flood Control. Any undertaking for the conveyance, control, and dispersal of floodwaters caused by abnormally high direct precipitation or stream overflow.
Gabions. Cages, cylinders, or boxes filled with soil or sand that are used in civil engineering, road building, and military applications, primarily for erosion control and building dams and retaining walls.
Geotechnical Report or Analysis. A scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology; the affected landform 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.
Grading. 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.
Groin. A rigid structure built out from a shore to protect the shore from erosion, to trap sand, or to direct a current for scouring a channel.
Ground Water Recharge. A hydrologic process where water moves downward from surface water to ground water. Recharge occurs both naturally (through the water cycle) and anthropologically (i.e., “artificial ground water recharge”), where rainwater and/or reclaimed water is routed to the subsurface.
Hydric Soil. Soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper soil horizon(s).
Jetty. Any of a variety of structures used in river, dock, and maritime works that are generally carried out in pairs from river banks, or in continuation of river channels at their outlets into deep water; or out into docks, and outside their entrances; or for forming basins along the sea-coast for ports in tideless seas.
Joint Use. Moorage for pleasure craft and/or landing for water sports for use in common by two or more residential units of a certain subdivision or community within the shoreline jurisdiction.
Land Disturbing Activities. Any activity resulting in a movement of earth; or a change in the existing soil cover, both vegetative and nonvegetative, or the existing topography excluding 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. Land disturbing activities include, but are not limited to, clearing, grading, filling, excavation, or addition of new or the replacement of impervious surface. Compaction, excluding hot asphalt mix, which is associated with stabilization of structures and road construction, shall also be considered a land disturbing activity.
Landfilling. 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 creates dry land.
Native Vegetation. 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 madrona, 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.
Native Vegetation Conservation Area. Vegetated area between the native vegetation setback line and the OHWM.
Native Vegetation Setback Line. Unless otherwise indicated within this Master Program, the line that establishes the limits of all buildings, fencing and impervious surfaces along the shoreline.
Nonconforming Development or Nonconforming Structure. An existing structure that was lawfully constructed at the time it was built but is no longer fully consistent with present regulations such as setbacks, buffers, area, bulk, height, or density standards due to subsequent changes to this Master Program.
Nonconforming Lot. An existing lot that met dimensional requirements of this Master Program at the time of its establishment but now contains less than the required width, depth, or area due to subsequent changes to this Master Program.
Nonconforming Use. An existing shoreline use that was lawfully established prior to the effective date of the Act, this Master Program, or amendments thereto, but which does not conform to present use regulations or standards of the program.
Non-Water-Oriented Uses. Those uses that are not water-dependent, water-related, or water- enjoyment.
Normal Maintenance. Usual acts to prevent a decline, lapse, or cessation from a lawfully established condition.
Normal Repair. To restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment.
Ordinary High Water Mark (OHWM). OHWM on all lakes, streams, and tidal water is 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 the City, King County, or the Department of Ecology; provided, that in any area where the OHWM cannot be found, the OHWM adjoining salt water shall be the line of mean higher high tide and the OHWM adjoining fresh water shall be the line of mean high water.
Public Access. Public access is the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the State, and to view the water and the shoreline from adjacent locations.
Public Boat Launching Ramp. An inclined slab, set of pads, rails, planks, or graded slope used for launching boats with trailers or by hand for use by the general public.
Public Pier or Dock. Moorage for pleasure craft and/or landing for water sports for use by the general public.
Restoration. The reestablishment or upgrading of impaired ecological processes or functions. This may be accomplished through measures including but not limited to revegetation, removal of intrusive structures, toxic materials, or invasive or nonnative plants. Restoration does not imply a requirement for returning the area to pre-European settlement conditions.
Revetment. A sloped wall constructed of riprap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement. A revetment typically slopes away from the water and has a rough or jagged face. These features differentiate it from a bulkhead, which is a vertical structure. Revetments are a facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by waves or currents. The principal features of a revetment are: (A) heavy armor layer, (B) filter layer, and (C) toe protection.
Riparian. The characteristic of relating to or living or located on the bank of a natural watercourse (as a river) or sometimes of a lake or a tidewater.
Sediment. The fine-grained material deposited by water or wind.
Shorelands or Shoreland Areas. Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the OHWM; contiguous floodplain areas landward 200 feet; and all wetlands and deltas associated with the streams, lakes, and tidal waters that are subject to the provisions of this Master Program; the same to be designated as to location by the Department of Ecology.
Shoreline Jurisdiction. All “shorelines of the State” and “shorelands” as defined in RCW 90.58.030, as amended from time to time.
Shoreline Management Act (SMA). The Shoreline Management Act of 1971, as adopted in Chapter 90.58 RCW, and as amended from time to time.
Shoreline Master Program or Master Program. The comprehensive plan for the use of a described area, and the regulations for use of the area including 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 amended from time to time.
Shoreline Modifications. 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 Municipal Code (SMC). The municipal code of the City of Shoreline.
Shorelines. All of the water areas of the State, including reservoirs, and their associated shorelands, together with the lands underlying them; except (A) shorelines of statewide significance; and (B) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.
Shorelines of Statewide Significance. “Shorelines of the State” that meet the criteria for “shorelines of statewide significance” contained in RCW 90.58.030(2)(f), as amended from time to time. As it applies to the City, shorelines of statewide significance include those areas of Puget Sound and adjacent salt waters between the OHWM and the line of extreme low tide.
Shorelines of the State. This term includes both “shorelines” and “shorelines of statewide significance.”
Substantial Development. Any development of which the total cost or fair market value exceeds the amount set forth by the Washington State Office of Financial Management pursuant to RCW 90.58.030(3)(e) at the time of application submittal or any development that materially interferes with the normal public use of the water or shorelines of the State.
Washington Administrative Code (WAC). Specifically Chapter 173-26 WAC, Master Program Guidelines, and Chapter 173-27 WAC, Permit and Enforcement, as amended from time to time.
Water-Dependent Use. A use or portion of a use that 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.
Water-Enjoyment Use. A recreational 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 foster shoreline enjoyment.
Water-Oriented Use. A use that is water-dependent, water-related, or water enjoyment, or a combination of such uses.
Water Quality. The physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics.
Water Quantity. Refers only to development and uses regulated under this Master Program and affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this Master Program, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340, as amended from time to time.
Water-Related Use. A use or portion of a use that 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.
Wave Return. A structure added on top of, or part of, an existing bulkhead or hard armoring that redirects wave action back waterward and helps prevent water from splashing landward, thereby protecting the armoring itself, and landward items such as natural ecology and other structures.
Weir. A dam in a watercourse, usually a stream or river, to raise the water level or divert its flow.
Wetland Delineation. A technical procedure performed by a wetland specialist pursuant to the manual adopted by the Department of Ecology pursuant to RCW 90.58.380, as amended from time to time, to determine the area of a wetland, ascertaining the wetland’s classification, function, and value, and to define the boundary between a wetland and adjacent uplands.
Wetlands. 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. (Ord. 856 § 2 (Exh. A), 2019; Ord. 668 § 4 (Exh. 3), 2013).