Chapter 16C.02 DEFINITIONS

(1) Whenever the words and terms set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this chapter. References to specific provisions of YCC Title 13 and the International Building Codes, statutes and Washington Administrative Code provide greater detail for purposes of administering this title.

(2) Definitions listed in this chapter shall be applied to all critical areas, including Flood Hazard Areas, unless the definition itself identifies the term as applying to Flood Hazard administration, in which case the definition only applies to that situation.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.001), 2007).

16C.02.005 Abutting.

“Abutting” means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.005), 2007).

16C.02.010 Adjacent.

“Adjacent” means to be nearby and not necessarily abutting.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.010), 2007).

16C.02.012 Administrative Official.

“Administrative Official” means the duly appointed planning division manager of the public services department, or his designee, or the relevant decision maker identified in YCC Title 16B (Project Permit Administration); synonymous with “administrator” or “director.”

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.012), 2007).

16C.02.020 Agricultural Activities.

“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.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.025 Alluvial Fan.

“Alluvial fan” is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly outward with gradually decreasing gradient.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.025), 2007).

16C.02.027 Alteration of Watercourse.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.029 Appeal.

“Appeal” means a request for a review of the interpretation of any provision of this title or a request for a variance.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.030 Applicant.

“Applicant” means a person, party, firm, corporation, or other legal entity that proposes a development, construction or use on a site.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.030), 2007).

16C.02.035 Aquifer.

“Aquifer” means a saturated geologic formation which will yield a sufficient quantity of water to serve as a private or public water supply.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.035), 2007).

16C.02.036 Areas of Shallow Flooding.

“Areas of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.037 Areas of Special Flood Hazard Area.

“Areas of special flood hazard area” means the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.038 ASCE 24.

“ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.040 Critical Aquifer Recharge Area.

“Critical aquifer recharge area” means an area with a critical recharging effect on aquifers used for potable water, or areas where a drinking aquifer is vulnerable to contamination that would affect the potability of the water.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.040), 2007).

16C.02.042 Bank.

“Bank” means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.042), 2007).

16C.02.043 Bankfull depth.

“Bankfull depth” means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hillslope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.043), 2007).

16C.02.044 Base Flood.

“Base flood” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood.” (Ref. IBC 1612.2.)

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.044), 2007).

16C.02.045 Base Flood Elevation.

“Base flood elevation” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means the elevation to which floodwater is anticipated to rise during the base flood. (Ref. IBC 1612.2.)

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.045), 2007).

16C.02.046 Basement.

“Basement” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means any area of the building having its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2.)

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.046), 2007).

16C.02.055 Bed.

“Bed” means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.055), 2007).

16C.02.060 Bedrock.

“Bedrock” means in-place solid rock.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.060), 2007).

16C.02.065 Berm.

“Berm” means a mound of earth material used as a protective barrier or to control the direction of water flow.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.065), 2007).

16C.02.067 Best Management Practices.

“Best Management Practices” or “BMPs” means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts to the environment.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.067), 2007).

16C.02.070 Bioengineering.

“Bioengineering” means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.070), 2007).

16C.02.075 Breakwater.

“Breakwater” means a fixed or floating off-shore structure that protects the shore from wave action or currents.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.075), 2007).

16C.02.080 Bulkhead.

“Bulkhead” means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.080), 2007).

16C.02.085 Channel.

“Channel” means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.085), 2007).

16C.02.090 Channel Migration Zone.

“Channel Migration Zone” is the area where the stream channel is likely to shift or migrate to over time.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.092 Chief Building Official.

“Chief building official” or “building official” means the manager of the Building and Fire Safety Division of the Department of Public Services or designee.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.092), 2007).

16C.02.095 Classification.

“Classification” means the definition of value and hazard categories to which critical areas and natural resource lands will be assigned.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.095), 2007).

16C.02.100 Clearing.

“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.100), 2007).

16C.02.110 Compaction.

“Compaction” means compressing soil through some mechanical means to make it denser.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.110), 2007).

16C.02.115 Confinement Feeding Operation.

“Confinement feeding operation” means the use of structures or pens for the concentrated feeding or holding of animals or poultry, including but not limited to horses, cattle, sheep, or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry and normal farming practices.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.115), 2007).

16C.02.120 Construction.

“Construction” means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.120), 2007).

16C.02.122 Critical Areas.

“Critical Areas” include the following areas and ecosystems:

(1) Wetlands;

(2) Areas with a critical recharging effect on aquifers used for potable water;

(3) Fish and wildlife habitat conservation areas;

(4) Frequently flooded areas; and

(5) Geologically hazardous areas.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.125 Designated.

“Designated” means formal legislative action to identify and describe a critical area.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.125), 2007).

16C.02.130 Department.

“Department” means the Yakima County Public Services Department – Planning Division.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.130), 2007).

16C.02.135 Development.

“Development” means the division of land into lots or parcels and any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, clearing, paving, excavation or drilling operations, storage of equipment or materials, or any other activity which results in the removal of vegetation or in the alteration of natural site characteristics. For floodplain management purposes, “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.135), 2007).

16C.02.140 Dike.

“Dike” means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.140), 2007).

16C.02.145 Dock.

“Dock” means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.145), 2007).

16C.02.150 Dredging.

“Dredging” means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this title or under a local zoning ordinance, or a mining operation in existence before Zoning, Shorelines, or Critical Areas permits were required for such operations.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.150), 2007).

16C.02.160 Earth Material.

“Earth material” means any rock, natural soil, or combination thereof.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.160), 2007).

16C.02.165 Elevation Certificate.

“Elevation Certificate” is an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.170 Enhance.

“Enhance” means to strengthen any of the basic functional properties listed in Section 16C.06.05 that exist but do not perform at optimum efficiency. “Optimum” refers to the most favorable or best performance of each function achievable for a specific segment of stream corridor.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.170), 2007).

16C.02.175 Ephemeral Stream.

“Ephemeral stream” means a stream that flows only in response to precipitation with no groundwater association, usually less than thirty days per year. The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.175), 2007).

16C.02.180 Erosion.

“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.180), 2007).

16C.02.190 Excavation.

“Excavation” means the mechanical removal of earth material.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.190), 2007).

16C.02.200 Fill.

“Fill” means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a shore stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions shall not be considered fill.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.200), 2007).

16C.02.203 Fish and Wildlife Habitat Conservation Areas.

“Fish and wildlife habitat conservation areas” are 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 constructs 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. Natural watercourses such as streams and rivers that carry irrigation water are not considered part of these artificial features.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.204 Flood or Flooding.*

“Flood” means:

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters.

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.205), 2007. Formerly 16C.02.205).

* Code reviser’s note: This section, set out in Ord. 8-2021 as Section 16C.02.205, has been editorially renumbered to accommodate additions by Ord. 8-2021 and preserve alphabetization.

16C.02.205 Flood Elevation Study.

“Flood Elevation Study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.206 Flood Hazard Permit.

“Flood hazard permit” means written approval applied for and obtained in accordance with such rules and regulations as are established under this title.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.206), 2007).

16C.02.207 Flood Insurance Rate Maps.

“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. Preliminary updated Flood Insurance Rate Maps are maps that have been accepted by FEMA, but are not yet effective. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.207), 2007).

16C.02.208 Flood Insurance Study.

“Flood insurance study.” See “Flood Elevation Study.”

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.208), 2007).

16C.02.209 Floods of Record.

“Floods of Record” are areas identified as inundated during the flood of record, identification of areas subject to flooding, or stream systems where the path of floodwaters can be unpredictable.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.210 Floodplain or Flood-Prone Area.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood or flooding.”

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.210), 2007).

16C.02.212 Floodplain Administrator.

“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.216 Flood-proofing.

“Flood-proofing” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damages to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.216), 2007).

16C.02.220 Floodway.

“Floodway” means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “Regulatory Floodway.”

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.220), 2007).

16C.02.225 Floodway Fringe.

“Floodway fringe” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.225), 2007).

16C.02.230 Forest Land.

“Forest land” means land primarily devoted to forest practices activities.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.230), 2007).

16C.02.240 Forest Practices.

“Forest practices” means any activity conducted on or directly pertaining to forestland and relating to growing, harvesting, or processing timber, including but not limited to:

(1) Road and trail construction, including forest practices hydraulic projects that include water crossing structures, and associated activities and maintenance;

(2) Harvesting, final and intermediate;

(3) Pre-commercial thinning;

(4) Reforestation;

(5) Fertilization;

(6) Prevention and suppression of diseases and insects;

(7) Salvage of trees; and

(8) Brush control.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.240), 2007).

16C.02.245 Frequently Flooded Areas.

“Frequently flooded areas” are defined by:

(1) Flood Insurance Rate Maps (FIRM) from FEMA;

(2) Preliminary updated FIRM maps from FEMA;

(3) Floods of record;

(4) Mapped channel migration zones; and

(5) Flood-prone.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.247 Functionally Dependent Use.

“Functionally dependent use” is a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.250 Grade.

“Grade” means the vertical location of the ground surface. “Natural grade” is the grade as it exists or may have existed in its original undisturbed condition. “Existing grade” is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. “Rough grade” is a stage where grade conforms approximately to an approved plan. “Finish grade” is the final grade of the site which conforms to an approved plan.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.250), 2007).

16C.02.255 Grading.

“Grading” means any excavation, filling, or combination thereof.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.255), 2007).

16C.02.260 Groundwater.

“Groundwater” means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water-bearing formation.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.260), 2007).

16C.02.261 Hazardous Materials.

“Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged; any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition; and petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 1-2011 § 2 (Exh. A (5)), 2011).

16C.02.262 Highest Adjacent Grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.263 Historic Structure.

“Historic structure” is any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior, or

(b) Directly by the Secretary of the Interior in states without approved programs.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.265 Hydrologically Related Critical Areas (HRCA).*

“Hydrologically related critical areas (HRCA)” include all those areas identified in Section 16C.06.03, within Yakima County which are important and deserving of protection by nature of their value for the functional properties found in Section 16C.06.05.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.263), 2007. Formerly 16C.02.263).

* Code reviser’s note: This section, set out in Ord. 8-2021 as Section 16C.02.263, has been editorially renumbered to accommodate additions by Ord. 8-2021 and preserve alphabetization.

16C.02.266 Hyporheic.

“Hyporheic” means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.266), 2007).

16C.02.270 Intermittent Streams.

“Intermittent stream” means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than 30 days per year. The groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.270), 2007).

16C.02.275 Lake or Pond.

“Lake” or “pond” means any inland body of standing water. The term includes the reservoir or expanded part of a river behind a dam, but excludes a man-made body of water created for surface mining purposes.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.275), 2007).

16C.02.281 Lowest Floor.

“Lowest floor” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this title (i.e. provided there are adequate flood ventilation openings).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.281), 2007).

16C.02.282 Manufactured Home.

“Manufactured home” means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and is intended for human occupancy or is being used for residential purposes. Although Washington Administrative Code (WAC) and Yakima County Code Titles 13 and 19 separately define and distinguish between “manufactured home” and “mobile home” according to federal or state construction codes for such dwellings, the term “manufactured home” shall include “mobile home” for regulatory purposes under this title. The term shall not include “recreation vehicle,” “commercial coach,” “camping vehicle,” “travel trailer,” “park trailer,” “tip-out,” and any other similar vehicle which is not intended, designed, constructed or used for residential purposes for use as a single-family dwelling and is not otherwise labeled as a manufactured or mobile home under any federal or state law. For floodplain management purposes only under this title, park trailers, camping vehicles, travel trailers, tip-outs, and other similar vehicles shall be considered manufactured homes when placed on a site for greater than one hundred eighty days.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Res. 80-2016 (Exh. A) (part), 2016; Ord. 13-2007 §1 (Exh. A)(16C.02.282), 2007).

16C.02.283 Manufactured Home Park or Subdivision.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale in accordance with YCC Title 19.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Res. 80-2016 (Exh. A) (part), 2016; Ord. 13-2007 §1 (Exh. A)(16C.02.283), 2007).

16C.02.284 Manufactured Home Park or Subdivision, Existing.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 1, 1995, the effective date of these floodplain management regulations.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.284), 2007).

16C.02.285 Mean Sea Level.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which Base Flood Elevations shown on a community’s Flood Insurance Rate Map are referenced.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.288 Minerals.*

“Minerals” means gravel, sand and metallic and nonmetallic substances of commercial value.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.285), 2007. Formerly 16C.02.285).

* Code reviser’s note: This section, set out in Ord. 8-2021 as Section 16C.02.285, has been editorially renumbered to accommodate additions by Ord. 8-2021 and preserve alphabetization.

16C.02.290 Mining.

“Mining” means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. Also see Dredging and Excavation (Section 16C.06.20).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.290), 2007).

16C.02.295 Native.

“Native” means indigenous to or originating naturally within Yakima County.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.295), 2007).

16C.02.300 Natural Conditions.

“Natural conditions” means those conditions which arise from or are found in nature and not modified by human intervention; not to include artificial or manufactured conditions.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.300), 2007).

16C.02.302 New Construction.

“New construction” for purposes of administering Chapters 16C.05.20 through 16C.05.72 for the purposes of determining insurance rates, means structures for which the “start of construction” commenced on or after June 5, 1985, the date Yakima County enacted Ordinance 3-1985 in order to meet the requirements of the National Flood Insurance Program. October 1, 1995, the effective date of the amended ordinance codified in Title 16A shall be used for defining the term “new construction” as it applies to all other critical areas requirements established under Title 16A by Ordinance 8-1995.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 10-2019 (Exh. 1) (part), 2019: Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.302), 2007).

16C.02.303 Nonconforming Structure.

“Nonconforming structure” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means a structure which was legally constructed prior to October 1, 1995, the effective date of the amended Title 16A, but which would not be permitted as a new structure under the terms of this title because the structure is not in conformance with the applicable elevation and/or flood-proofing requirements.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 10-2019 (Exh. 1) (part), 2019: Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.303), 2007).

16C.02.304 Nonconforming Use.

“Nonconforming use” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means the use of a building, structure or land which was lawfully established, existing and maintained at the effective date of provisions of this title but which, because of the application of this title to it, no longer conforms to the use or applicable elevation and/or flood-proofing requirements of this title and which would not be permitted as a new use under the terms of this title.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.304), 2007).

16C.02.305 Ordinary High Water Mark (OHWM).

“Ordinary high water mark (OHWM)” means that mark on lakes and streams which 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 ordinary years, as to mark upon the soil a character distinct from that of the abutting upland.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.305), 2007).

16C.02.310 Perennial Stream.

“Perennial stream” means a stream that flows year-round in normal water years. Groundwater is a source of much of the water in the channel.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.310), 2007).

16C.02.320 Project Site.

“Project site” means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total project proposal.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.320), 2007).

16C.02.321 Qualified Professional.

A “qualified professional” shall meet the following criteria:

(1) A qualified professional for wetlands must have a bachelor’s degree or higher in biology, ecology, soil science, botany, or a closely related field, and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest.

(2) A qualified professional for stream corridors must have a bachelor’s degree or higher in wildlife biology, ecology, fisheries, or closely related field, and a minimum of five years’ professional experience related to the subject species/habitat type.

(3) A qualified professional for geologically hazardous areas and preparation of geo-technical reports must be a professional engineering geologist or civil engineer, licensed in the state of Washington.

(4) A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist, or environmental engineer licensed in the state of Washington.

(5) A qualified professional for channel migration zone reports must be a professional engineering geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five years of professional experience in geomorphology.

(6) A qualified professional for flood studies must be a professional engineering geologist or civil engineer licensed in the state of Washington.

(7) A qualified professional for economic studies must have a bachelor’s degree or higher in economics or business administration with five years of professional experience. The five-year standard shall be waived for professionals with a Ph.D degree.

(8) A qualified professional for habitat assessments and habitat management plans must have a bachelor’s degree or higher in biology and professional experience related to the subject species or habitat.

(9) Or other person/persons with experience, training, expertise and related work experience appropriate for the relevant critical area subjects determined to be acceptable to the Administrative Official.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 2-2009 § 2 (Exh. A (2)), 2009; Ord. 13-2007 §1 (Exh. A)(16C.02.321), 2007).

16C.02.322 Recreation Vehicle.

“Recreation vehicle” means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.322), 2007).

16C.02.325 Restore.

“Restore” means to re-establish the basic functional properties listed in Section 16C.06.05 that have been lost or destroyed through natural events or human activity. This may be accomplished through measures including but not limited to re-vegetation, removal of intrusive structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre-European settlement conditions nor to limit flood authorities’ ability to make improvements necessary to alleviate flood risk, which may not allow for certain restoration activities or methods.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.325), 2007).

16C.02.330 Revetment.

“Revetment” means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion by wave action or currents.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.330), 2007).

16C.02.335 Riparian Areas.

“Riparian areas” are transitional between terrestrial and aquatic ecosystems and are distinguished by gradients in biophysical conditions, ecological processes, and biota. They are areas through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. They include those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., a zone of influence).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.335), 2007).

16C.02.340 Riprap.

“Riprap” means a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.340), 2007).

16C.02.345 Scour.

“Scour” means the removal of underwater material by waves and currents, especially at the base or toe of a shore stabilization structure.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.345), 2007).

16C.02.355 Shoreline.

“Shoreline,” as used in this title, means those water areas, the associated features, and the land areas within Yakima County that are subject to the State Shoreline Management Act, especially as defined in RCW 90.58.030 (definitions), and as further identified in Section 16D.10.03 (Shoreline Jurisdiction) of the Shoreline Master Program (YCC Title 16D).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.355), 2007).

16C.02.360 Shore Stabilization.

“Shore stabilization” means the construction or modification of bulkheads, retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the purpose of controlling stream undercutting, stream erosion or lake shore erosion.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.360), 2007).

16C.02.362 Shrub-steppe.

“Shrub-steppe” means a non-forested vegetation type consisting of one or more layers of perennial bunchgrasses and a conspicuous but discontinuous layer of shrubs (see Eastside Steppe for sites with little or no shrub cover). In areas with greater precipitation or on soils with higher moisture-holding capacity, shrub-steppe can also support a dense layer of forbs (i.e., broadleaf herbaceous flora). Shrub-steppe contains various habitat features, including diverse topography, riparian areas, and canyons. Another important component is habitat quality (i.e., degree to which a tract resembles a site potential natural community), which may be influenced by soil condition and erosion; and the distribution, coverage, and vigor of native shrubs, forbs, and grasses. Sites with less disturbed soils often have a layer of algae, mosses, or lichens.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017).

16C.02.365 Slope.

“Slope” means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.365), 2007).

16C.02.366 Solid Waste.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not include earth, clay, sand or gravel.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.366), 2007).

16C.02.367 Special Flood Hazard Area.

“Special flood hazard area” means the land in the floodplain identified by the Federal Emergency Management Agency that is subject to a one percent or greater chance of flooding in any given year; commonly known as the 100-year floodplain.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.367), 2007).

16C.02.368 Start of Construction.

“Start of construction” for purposes of administering Chapters 16C.05.20 through 16C.05.72 includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garage, or sheds not occupied as dwelling units or not as part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.368), 2007).

16C.02.370 Stream.

“Stream” means water contained within a channel, either perennial, intermittent or ephemeral. Streams include natural watercourses modified by man, for example, by stream flow manipulation, channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.370), 2007).

16C.02.380 Stream Corridor.

“Stream corridor,” as used in this title, means those features listed and described in Section 16C.06.03 and related appendices to this title.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.380), 2007).

16C.02.390 Structure.

“Structure” means anything constructed or erected which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height. The term also includes gas or liquid storage tanks when located principally above ground. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.390), 2007).

16C.02.393 Substantial Damage.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.395 Substantial Improvement.

“Substantial improvement” for purposes of administering Chapters 16C.05.20 through 16C.05.72 means any repair, reconstruction, addition, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement to a structure to correct previously identified existing violations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 10-2019 (Exh. 1) (part), 2019: Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.395), 2007).

16C.02.400 Use.

“Use” means the activity to which land or a building is devoted and for which either land or a building is or may be occupied or maintained.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.400), 2007).

16C.02.410 Variance.

“Variance” means a grant of relief by a community from the terms of a floodplain management regulation.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021).

16C.02.415 Vegetative Buffer or Buffer.

“Vegetative buffer” or “buffer” means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide, under optimal conditions, adequate soil conditions and native vegetation for the performance of the basic functional properties of a stream corridor, wetland and other hydrologically related critical areas as set forth in Section 16C.06.05 (Functional Properties) and Section 16C.07.04 (Wetland Functions and Rating). It is understood that optimal conditions do not always exist due to degradation of the vegetative buffer before establishment of this title, or due to colonization by non-native species. Such conditions still provide functional properties, though at a lower level, depending on the difference from natural conditions.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.415), 2007).

16C.02.425 Wetland.

“Wetland” or “wetlands” means areas that are naturally inundated or saturated by surface water or groundwater 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 conversion of wetlands.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.425), 2007).

16C.02.430 Wildlife.

“Wildlife” means all species of the animal kingdom whose members exist in Washington in a wild state. The term “wildlife” includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term “wildlife” does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.430), 2007).

16C.02.435 Wildlife Habitat.

“Wildlife habitat” means areas which, because of climate, soils, vegetation, relationship to water, location and other physical properties, have been identified as of critical importance to maintenance of wildlife species.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.435), 2007).

16C.02.440 Works.

“Works” means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutments, projection, excavation, channel rectification, or improvement attached to, or affixed upon, the realty.

(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.02.440), 2007).