Chapter 19.150
DEFINITIONS

Sections:

19.150.050    Generally.

19.150.100    Adjacent.

19.150.105    Agricultural activities.

19.150.110    Alteration.

19.150.115    Anadromous fish.

19.150.120    Applicant.

19.150.125    Aquifer.

19.150.130    Aquifer recharge.

19.150.135    Aquifer recharge area.

19.150.140    Aquifer vulnerability.

19.150.145    Aquitard.

19.150.150    Bank stabilization.

19.150.155    Best available science.

19.150.160    Best management practices (BMPs).

19.150.165    Bog.

19.150.170    Buffer.

19.150.175    Buffer, standard.

19.150.180    Candidate species (state listed).

19.150.185    Channel migration zone (CMZ).

19.150.190    Clearing.

19.150.195    Compensation.

19.150.200    Creation.

19.150.205    Conversion option harvest plan (COHP).

19.150.210    Critical aquifer recharge areas.

19.150.215    Critical areas.

19.150.220    Critical area protection easement.

19.150.225    Critical facilities.

19.150.230    Danger trees.

19.150.235    Debris.

19.150.240    Department.

19.150.245    Detention facilities.

19.150.250    Development proposal site.

19.150.255    Director.

19.150.260    Endangered species (state listed).

19.150.265    Enhancement.

19.150.270    Erosion.

19.150.275    Erosion hazard areas.

19.150.280    Excavation.

19.150.285    Existing and ongoing agriculture.

19.150.290    Exotic.

19.150.295    Extraordinary hardship.

19.150.300    Farm pond.

19.150.305    Fen.

19.150.310    Filling or fill.

19.150.315    Fish and wildlife habitat conservation areas.

19.150.320    Fisheries biologist.

19.150.325    Floodplain.

19.150.330    Floodway.

19.150.335    Forest practices.

19.150.340    Frequently flooded areas.

19.150.345    Functions and values.

19.150.350    Geologic assessment.

19.150.355    Geologically hazardous areas.

19.150.360    Geologist.

19.150.365    Geotechnical engineer.

19.150.370    Geotechnical report and geological report.

19.150.375    Grading (construction).

19.150.380    Grubbing.

19.150.385    Groundwater.

19.150.390    Habitat management plan.

19.150.395    Habitats of local importance.

19.150.400    Hearing examiner.

19.150.405    Hydric soils.

19.150.410    Hydrogeologist.

19.150.415    Infiltration rate.

19.150.420    Landslide hazard areas.

19.150.425    Liquefaction.

19.150.430    Low impact activities.

19.150.435    Mitigation.

19.150.440    Native vegetation.

19.150.445    Normal maintenance.

19.150.450    Ordinary high water mark.

19.150.455    Out-of-kind compensation.

19.150.460    Permeability.

19.150.465    Practicable alternative.

19.150.470    Priority habitat.

19.150.475    Priority species.

19.150.480    Public facilities.

19.150.485    Public project of significant importance.

19.150.490    Public right-of-way.

19.150.495    Public utility.

19.150.500    Ravine.

19.150.505    Reasonable.

19.150.510    Reasonable alternative.

19.150.515    Reasonable use.

19.150.520    Reasonable use exception.

19.150.525    Reestablishment.

19.150.530    Refuse.

19.150.535    Rehabilitation.

19.150.540    Restoration.

19.150.545    Retention facilities.

19.150.550    Riparian area.

19.150.555    Salmonid.

19.150.560    Seismic hazard areas.

19.150.565    Sensitive species (state listed).

19.150.570    Shorelines.

19.150.575    Significant tree.

19.150.580    Single-family dwelling.

19.150.585    Special flood hazard areas.

19.150.590    Species of concern.

19.150.595    State Environmental Policy Act or SEPA.

19.150.600    Streams.

19.150.605    Swale.

19.150.610    Threatened species (state listed).

19.150.615    Toe of slope.

19.150.620    Top of slope.

19.150.625    Use or activity.

19.150.630    Utilities.

19.150.635    Utility corridor.

19.150.640    Wellhead protection area.

19.150.645    Wetland delineation.

19.150.650    Wetland determination.

19.150.655    Wetland edge.

19.150.660    Wetlands.

19.150.665    Wetlands, mosaic.

19.150.670    Wetlands of regional significance.

19.150.675    Wetlands of statewide significance.

19.150.680    Wetlands report.

19.150.685    Wetlands specialist.

19.150.690    Wildlife biologist.

19.150.050 Generally.

As used in this title, the following terms have the meanings given in this chapter.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.100 Adjacent.

“Adjacent,” for the purposes of this title, means within an area containing the critical area in question for the development proposal and its largest potential buffer or setback. This adjacent area is for review purposes only.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.105 Agricultural activities.

“Agricultural activities” means the normal actions associated with the production of crops such as plowing, cultivating, minor drainage, and harvesting; and/or raising or keeping of livestock, including operation and maintenance, and repair of farm and stock ponds, drainage ditches, irrigation systems, and normal operation, maintenance, and repair of existing serviceable agricultural structures, facilities, or improved areas. The term “agricultural activities” as used within this title does not include the practice of aquaculture. Forest practices regulated under Chapter 76.09 RCW and Title 222 WAC are not included in this definition.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.110 Alteration.

“Alteration” means a human-induced action that changes the existing condition of a critical area or its buffer. Alterations include but are not limited to: grading; grubbing; dredging; channelizing; cutting, clearing, relocating or removing vegetation, except noxious weeds identified by the Washington State Department of Agriculture or the Kitsap County Cooperative Extension; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; modifying for surface water management purposes; or any other human activity that changes the existing vegetation, hydrology, wildlife or wildlife habitat.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.115 Anadromous fish.

“Anadromous fish” means fish whose life cycle includes time spent in both fresh and salt water.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.120 Applicant.

“Applicant” means the person, party, firm, corporation or legal entity, or agent thereof that proposes a development of property in Kitsap County.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.125 Aquifer.

“Aquifer” means a saturated body of rock, sand, gravel or other geologic material that is capable of storing, transmitting and yielding water to a well.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.130)

19.150.130 Aquifer recharge.

“Aquifer recharge” means the process by which water is added to an aquifer. It may occur naturally by the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a depth where the earth materials are saturated with water. The aquifer recharge can be augmented by “artificial” means through the addition of surface water (e.g., land application of wastewater or storm water) or by the injection of water into the underground environment (e.g., drainfields and drywells).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.135)

19.150.135 Aquifer recharge area.

“Aquifer recharge area” means those areas overlying aquifer(s) where natural or artificial sources of water can move downward to an aquifer(s).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.140)

19.150.140 Aquifer vulnerability.

“Aquifer vulnerability” means the combined effect of hydrogeological susceptibility to contamination and the contamination loading potential as indicated by the type of activities occurring on a project area.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.145)

19.150.145 Aquitard.

“Aquitard” means an underground geologic layer that has low permeability.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.147)

19.150.150 Bank stabilization.

“Bank stabilization” means lake and stream modification including vegetation enhancement, used for the purpose of retarding erosion, protecting channels, and retaining uplands.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.155 Best available science.

“Best available science” means scientifically valid information in accordance with WAC 365-195-900, as now or hereafter amended, that is used to develop and implement critical areas policies or regulations.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.160 Best management practices (BMPs).

“Best management practices” or “BMPs” means conservation practices (physical, structural and/or managerial) or systems of practices and management measures typical of a particular industry or use that:

A.    Control soil loss and reduce water quality degradation caused by nutrients, pathogens, bacteria, toxic substances, pesticides, oil and grease, and sediment;

B.    Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.165 Bog.

“Bog” means a low-nutrient, acidic wetland with organic soils and characteristic bog plants, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication No. 14-06-29, Olympia, WA October 2014).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.170 Buffer.

“Buffer” means an area that is intended to protect the functions and values of critical areas. Protecting these functions and values includes the preservation of existing native and nonnative vegetation where it exists, unless otherwise required to be replaced with native vegetation through mitigation or voluntarily enhanced or restored.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.175 Buffer, standard.

“Standard buffer” means the buffer width established by each chapter of this title before any buffer adjustments are applied.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.172)

19.150.180 Candidate species (state listed).

“Candidate species (state listed)” means species under review by the Department of Fish and Wildlife (WDFW) for possible listing as endangered, threatened or sensitive. A species will be considered for state-candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined for endangered, threatened, or sensitive in WAC 220-610-110 as now or hereafter amended. Currently listed state-threatened or state-sensitive species may also be designated as a state-candidate species if their status is in question. State-candidate species will be managed by the Department of Fish and Wildlife, as needed, to ensure the long-term survival of populations in Washington. They are listed in WDFW, Policy 5301, or as amended.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.175)

19.150.185 Channel migration zone (CMZ).

“Channel migration zone” or “CMZ,” as defined by WAC 173-26-020(7), as now or hereafter amended, means the area along a river or stream within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river or stream and its surroundings.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.180)

19.150.190 Clearing.

“Clearing” means the destruction, disturbance or removal of vegetation by physical, mechanical, chemical or other means.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.185)

19.150.195 Compensation.

“Compensation” means replacement of project-induced critical area (e.g., wetland) losses of acreage or functions.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.190)

19.150.200 Creation.

“Creation” means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.195)

19.150.205 Conversion option harvest plan (COHP).

As it relates to forest practices, a “COHP” means a plan for landowners who want to harvest their land but wish to maintain the option for conversion pursuant to WAC 222-20-050. “Conversion” to a use other than commercial timber operation shall mean a bona fide conversion to an active use which is incompatible with timber growing.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.200)

19.150.210 Critical aquifer recharge areas.

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

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.215 Critical areas.

“Critical areas” means those areas and ecosystems identified as: (A) wetlands; (B) areas with a critical recharging effect on aquifers; (C) fish and wildlife habitat conservation areas; (D) geologically hazardous areas; and (E) frequently flooded areas.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.220 Critical area protection easement.

“Critical area protection easement” means an agreement conveyed through a notice to title, or shown on the face of a plat or site plan, for the purpose of perpetual or long-term conservation.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.225 Critical facilities.

“Critical facilities” means those facilities necessary to protect the public health, safety and welfare, including but not limited to schools, hospitals, police stations, fire departments and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous material storage or production.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.230 Danger trees.

“Danger trees” means any tree of any height, dead or alive, that presents a hazard to the public, public utility, or permanent structure because of rot; root, stem or limb damage; lean; or any other observable condition created by natural process or manmade activity determined by a certified arborist, or by the department through a danger tree site evaluation permit.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.235 Debris.

See “Refuse.”

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.240 Department.

“Department” means the Kitsap County department of community development.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.245 Detention facilities.

“Detention facilities” means storm water facilities, including all the appurtenances associated with their designed functions, maintenance and security that are designed to store runoff while gradually releasing it at a predetermined controlled rate.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.250 Development proposal site.

“Development proposal site” means the legal boundaries of the parcel or parcels of land on which an applicant has applied for authority from Kitsap County to carry out a development proposal.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.255 Director.

“Director” means the director of the Kitsap County department of community development or a duly authorized designee in the department.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005)

19.150.260 Endangered species (state listed).

“Endangered species” means a species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state. Endangered species are legally designated in WAC 220-610-010, as now or hereafter amended.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.265)

19.150.265 Enhancement.

“Enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s) or to positively change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement may result in a change in wetland function(s) or can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Examples are planting vegetation, controlling nonnative or invasive species, and modifying site elevations to alter hydroperiods.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.270)

19.150.270 Erosion.

“Erosion” means the process whereby the land surface is worn away by the action of water, wind, ice or other geologic agents, including processes such as gravitational creep or events such as landslides caused by natural or manmade impacts.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.275)

19.150.275 Erosion hazard areas.

“Erosion hazard areas” are those areas containing soils which, according to the U.S. Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones. This designation pertains to water erosion and not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities such as clearing or grading.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.280)

19.150.280 Excavation.

“Excavation” means the mechanical removal of earth material.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.285)

19.150.285 Existing and ongoing agriculture.

“Existing and ongoing agriculture” means agricultural uses and activities on lands defined in RCW 84.34.020(2) or defined as agricultural activities in this title when undertaken pursuant to agricultural best management practices to minimize impacts to critical areas. Enrollment in a federally recognized conservation program or the Kitsap County open space taxation program as farm and agricultural conservation land (Chapter 18.12) within the past five years will not defeat an activity’s status as “existing and ongoing” agriculture.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.290)

19.150.290 Exotic.

“Exotic” means any species of plant or animal that is not indigenous (native) to an area.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.295)

19.150.295 Extraordinary hardship.

“Extraordinary hardship” means where the strict application of this title and/or other programs adopted to implement this title by the regulatory authority would prevent all reasonable use of the parcel.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.300)

19.150.300 Farm pond.

“Farm pond” means an open-water habitat of less than five acres and not contiguous with a stream, river, lake or marine water created from a nonwetland site in connection with agricultural activities.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.305)

19.150.305 Fen.

“Fen” means a wetland similar to a bog, dominated by organic soils, low nutrients, and low pH, but receives some water from the surrounding landscape or groundwater, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication No. 14-06-029, Olympia, WA October 2014).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.315)

19.150.310 Filling or fill.

“Filling” or “fill” means a deposit of earth or other natural or manmade material placed by artificial means, including, but not limited to, soil materials, debris, or dredged sediments.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.320)

19.150.315 Fish and wildlife habitat conservation areas.

“Fish and wildlife habitat conservation areas” are those 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. See below “Priority habitat” and “Priority species” for further detail. The county may also designate locally important habitats and species. “Fish and wildlife habitat conservation 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, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.325)

19.150.320 Fisheries biologist.

“Fisheries biologist” means a person with experience and training in fisheries within the past ten years who is able to submit substantially correct reports on fish population surveys, stream surveys and other related data analyses of fisheries resources. “Substantially correct” is interpreted to mean that technical or scientific errors, if any, will be minor and do not delay or affect the site plan review process. Qualifications of a fisheries biologist include:

A.    Certification by the American Fisheries Society; or

B.    A Bachelor of Science degree in fisheries or the biological sciences from an accredited institution and two years of professional fisheries experience; or

C.    Five or more years professional experience as a practicing fisheries biologist with a minimum three years professional field experience.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.330)

19.150.325 Floodplain.

“Floodplain” means the floodway and associated special flood hazard areas having the potential to flood once every one hundred years, or having a one percent chance of being equaled or exceeded in any given year. The regulatory flood hazard areas, floodplains and floodways are depicted on the Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM) for Kitsap County.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.335)

19.150.330 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.340)

19.150.335 Forest practices.

“Forest practices” means, as defined in WAC 222-16-010, as now or hereafter amended, any activity conducted on or directly pertaining to forest land that is related to growing, harvesting, or processing timber, or removing forest biomass, including but not limited to:

A.    Activities in and over typed water;

B.    Road and trail construction;

C.    Harvesting, final and intermediate;

D.    Precommercial thinning;

E.    Reforestation;

F.    Fertilization;

G.    Prevention and suppression of diseases and insects;

H.    Salvage of trees; and

I.    Brush control.

“Forest practices” shall not include: forest species seed orchard operations and intensive forest nursery operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.350)

19.150.340 Frequently flooded areas.

“Frequently flooded areas” are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Generally, floodplains are designated by FEMA on flood insurance rate and boundary maps.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.355)

19.150.345 Functions and values.

“Functions and values” are generally those natural processes and benefits performed or provided by critical areas that are required to be protected by the GMA. These include, but are not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, water attenuation, historical or archaeological importance, educational opportunities, and recreation.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017)

19.150.350 Geologic assessment.

A “geologic assessment” is an umbrella term used for the evaluation completed by a geologist or geotechnical engineer to meet the requirements of Chapter 19.400. The geologic assessment may be in the form of a letter, as described in Section 19.400.440, a geological report, or geotechnical report (Section 19.150.370).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017)

19.150.355 Geologically hazardous areas.

“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.360)

19.150.360 Geologist.

“Geologist” means a person who is licensed in the state of Washington and meets all experience and training requirements in accordance with Chapter 308-15 WAC, as now or hereafter amended.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.365)

19.150.365 Geotechnical engineer.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least four years’ professional experience in evaluating geologically hazardous areas.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.370)

19.150.370 Geotechnical report and geological report.

“Geotechnical report” and “geological report” mean a study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater discharge, and engineering recommendations related to slope and structural stability. The geotechnical report shall be prepared by or in conjunction with a licensed geotechnical engineer meeting the minimum qualifications as defined by this title. Geological reports may contain the above information with the exception of engineering recommendations, and may be prepared by a geologist (see Chapter 19.700, Special Reports, for minimum qualifications).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.375)

19.150.375 Grading (construction).

“Grading” means any excavating, filling, grubbing, recontouring or mechanical removal of earth materials on the surface layer or any combination thereof.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.380)

19.150.380 Grubbing.

“Grubbing” means the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs, or other debris, and includes the incidental removal of topsoil to a depth not exceeding twelve inches.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.390)

19.150.385 Groundwater.

“Groundwater” means water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water, regardless of the geological formation or structure in which such water stands or flows, percolates or otherwise moves.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.395)

19.150.390 Habitat management plan.

“Habitat management plan” means a report prepared by a professional wildlife biologist or fisheries biologist that discusses and evaluates critical fish and wildlife habitat functions and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.400)

19.150.395 Habitats of local importance.

“Habitats of local importance” are designated fish and wildlife habitat conservation areas that are found to be locally important by the county.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.405)

19.150.400 Hearing examiner.

“Hearing examiner” means a person appointed to hear or review certain land use decisions pursuant to RCW 36.70.970 and Chapter 2.10.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.415)

19.150.405 Hydric soils.

“Hydric soils” means soils which are wet long enough to periodically produce anaerobic conditions, thereby influencing the growth of hydrophytic plants.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.420)

19.150.410 Hydrogeologist.

“Hydrogeologist” means a person who is qualified to engage in the practice of hydrogeology, has met the qualifications in hydrogeology established under Chapter 18.220 RCW, and has been issued a license in hydrogeology by the Washington State Geologist Licensing Board.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.425)

19.150.415 Infiltration rate.

“Infiltration rate” means a general description of how quickly or slowly water travels through a particular soil type.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.430)

19.150.420 Landslide hazard areas.

“Landslide hazard areas” means areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.435)

19.150.425 Liquefaction.

“Liquefaction” means a process in which a water-saturated soil, upon shaking, suddenly loses strength and behaves as a fluid.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.440)

19.150.430 Low impact activities.

“Low impact activities” means activities that do not require a development permit and/or do not result in any alteration of hydrology or adversely impact the environment.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.450)

19.150.435 Mitigation.

“Mitigation” means avoiding, minimizing or compensating for adverse critical area impacts. Mitigation includes the following specific categories:

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 to avoid or reduce impacts;

C.    Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

D.    Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

E.    Compensating for the impact by replacing, enhancing, or providing substitute resources or environments: and/or

F.    Monitoring the impact and taking appropriate corrective measures.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.455)

19.150.440 Native vegetation.

“Native vegetation” means vegetation indigenous to the Puget Sound coastal lowlands.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.470)

19.150.445 Normal maintenance.

“Normal maintenance” means those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. Normal maintenance includes removing debris from and cutting or manual removal of vegetation in crossing and bridge areas. Normal maintenance does not include:

A.    Use of fertilizer or pesticide application in wetlands, fish and wildlife habitat conservation areas, or their buffers;

B.    Redigging ditches in wetlands or their buffers to expand the depth and width beyond the original ditch dimensions;

C.    Redigging existing drainage ditches in order to drain wetlands on lands not classified as existing and ongoing agriculture under Section 19.100.125 (Exemptions).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.480)

19.150.450 Ordinary high water mark.

“Ordinary high water mark” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existing on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.490)

19.150.455 Out-of-kind compensation.

“Out-of-kind compensation” means to replace a critical area (e.g., wetland) with a substitute critical area (e.g., wetland) whose characteristics do not closely approximate those destroyed or degraded by an activity. It does not refer to replacement out-of-category such as replacement of wetland loss with new stream segments.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.495)

19.150.460 Permeability.

“Permeability” means the capacity of an aquifer or confining bed to transmit water.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.505)

19.150.465 Practicable alternative.

“Practicable 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 having less impacts to critical areas. A practicable alternative may include an area not owned by the applicant for which an easement has been obtained in order to fulfill the basic purpose of the proposed activity.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.520)

19.150.470 Priority habitat.

“Priority habitat” means a habitat type with unique or significant value to many species and may be described by a unique vegetation type or dominant plant species, by a successional stage, or specific habitat features of key value to fish and wildlife. Priority habitats are established by the Washington State Department of Fish and Wildlife within their priority habitats and species database. An area identified and mapped as priority habitat has one or more of the following attributes:

A.    Comparatively high fish and wildlife density or species diversity;

B.    Important fish and wildlife breeding habitat, seasonal ranges, or movement corridors;

C.    Limited availability;

D.    High vulnerability to habitat alteration; or

E.    Unique or dependent species.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.525)

19.150.475 Priority species.

“Priority species” means species requiring protective measures and/or management actions to ensure their persistence at genetically viable population levels. Priority species include state-listed or state-proposed endangered, threatened or sensitive species and candidate and monitored species. Priority species may also include vulnerable aggregations (heron rookeries, seabird concentrations, shellfish beds, etc.), or species of recreational, commercial and/or tribal importance, and are established by the Washington State Department of Fish and Wildlife within their Priority habitats and species database.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.530)

19.150.480 Public facilities.

“Public facilities” means facilities which are owned, operated or maintained by a public agency.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.535)

19.150.485 Public project of significant importance.

“Public project of significant importance” means a project funded by a public agency, department or jurisdiction that is found to be in the best interests of the citizens of Kitsap County and is so declared by the Kitsap County board of commissioners in a resolution.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.540)

19.150.490 Public right-of-way.

“Public right-of-way” means any road, alley, street, avenue, arterial, bridge, highway, or other publicly owned ground or place used or reserved for the free passage of vehicular and/or pedestrian traffic or other services, including utilities.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.545)

19.150.495 Public utility.

“Public utility” means a business or service, either governmental or having appropriate approval from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, sewer and/or wastewater, water, transportation or communications.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.550)

19.150.500 Ravine.

“Ravine” means a V-shaped landform, generally having little to no floodplain and normally containing steep slopes, which is deeper than ten vertical feet as measured from the centerline of the ravine to the top of the slope. Ravines are typically created by the wearing action of streams.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.555)

19.150.505 Reasonable.

“Reasonable” means not excessive or extreme; fair.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.559)

19.150.510 Reasonable alternative.

“Reasonable alternative” means an activity that could feasibly attain or approximate a proposal’s objectives, but at a lower environmental cost or decreased level of environmental degradation.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.560)

19.150.515 Reasonable use.

“Reasonable use” is a legal concept articulated by federal and state courts in regulatory taking cases. Generally, reasonable use applies to a property that is deprived of all reasonable use when the owner can realize no reasonable return on the property or make any productive use of the property. Reasonable return does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather, where there can be no beneficial use of the property; and which is attributable to the implementation of the critical areas ordinance.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.565)

19.150.520 Reasonable use exception.

“Reasonable use exception” means an exception to the standards of this title that allows for the use of a property that cannot otherwise conform to the requirements set forth in this title, including the variance criteria. (See Section 19.100.140 for reasonable use exception procedures.)

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.570)

19.150.525 Reestablishment.

“Reestablishment” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of returning natural or historical functions to a former wetland. Activities could include removing fill material, plugging ditches, or breaking drain tiles.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.572)

19.150.530 Refuse.

“Refuse” means material placed in a critical area or its buffer without permission from any legal authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires, automobiles, construction and household refuse. This does not include large woody debris used with an approved enhancement plan.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.575)

19.150.535 Rehabilitation.

“Rehabilitation” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing natural or historical functions and processes of a degraded wetland. Activities could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a wetland, or breaking drain tiles and plugging drainage ditches. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.582)

19.150.540 Restoration.

“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. For the purpose of tracking net gains in wetland acres, restoration is divided into re-establishment and rehabilitation.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.585)

19.150.545 Retention facilities.

“Retention facilities” means drainage facilities designed to store runoff for gradual release by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall include all such drainage facilities designed so that none or only a portion of the runoff entering the facility will be eventually discharged as surface water. Retention facilities shall include all appurtenances associated with their designed function, maintenance and security.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.590)

19.150.550 Riparian area.

“Riparian area” means a vegetated ecosystem along a water body through which energy, materials, and water pass. Riparian areas characteristically have a high water table and are subject to periodic flooding and influence from the adjacent water body. These systems encompass wetlands, uplands, or some combination of these two landforms. They will not in all cases have all the characteristics necessary for them to be also classified as wetlands.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.595)

19.150.555 Salmonid.

“Salmonid” means a member of the fish family salmonidae. This family includes Chinook, coho, chum, sockeye and pink salmon; rainbow, steelhead, cutthroat, brook, bull trout and brown trout; and Dolly Varden char, kokanee, and whitefish.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.600)

19.150.560 Seismic hazard areas.

“Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017)

19.150.565 Sensitive species (state listed).

“Sensitive species” means a wildlife species, native to the state of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or the removal of threats. Sensitive species are legally designated in WAC-220-200-100 as now or hereafter amended.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.605)

19.150.570 Shorelines.

“Shorelines,” as defined by Chapter 90.58 RCW, are regulated under Title 22, Shoreline Master Program. Those portions of streams where the mean annual flow is twenty cubic feet per second or less, lakes less than twenty acres in size, and wetlands associated with either, are regulated under this title.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.610)

19.150.575 Significant tree.

“Significant tree” means any healthy tree that is at least eight inches in diameter at breast height (forty-eight inches). A tree growing with multiple stems shall be considered significant if at least one of the stems, as measured at a point six inches from where the stems digress from the main trunk, is at least four inches in diameter. Any tree that is planted to fulfill requirements of this title shall be considered significant, regardless of size or species.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017)

19.150.580 Single-family dwelling.

“Single-family dwelling” (attached or detached) means a building or structure that is designed for occupancy by not more than one family and including accessory structures and improvements.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.615)

19.150.585 Special flood hazard areas.

“Special flood hazard area” means an area subject to a base or one-hundred-year flood; areas of special flood hazard are shown on a flood hazard boundary map or flood insurance rate map as Zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, or V.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.620)

19.150.590 Species of concern.

“Species of concern” means those species that have been classified as endangered, threatened, sensitive, candidate, or monitored by the Washington State Department of Fish and Wildlife.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.625)

19.150.595 State Environmental Policy Act or SEPA.

“State Environmental Policy Act” or “SEPA” means the state environmental law (Chapter 43.21C RCW) and rules (Chapter 197-11 WAC) as implemented by Title 18 (Environment).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.630)

19.150.600 Streams.

“Streams” mean those areas in Kitsap County where the surface water flows are sufficient to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other artificial watercourses unless they are used by fish or used to convey streams naturally occurring prior to construction.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.635)

19.150.605 Swale.

“Swale” means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.640)

19.150.610 Threatened species (state listed).

“Threatened species” means a species, native to the state of Washington that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats. Threatened species are legally designated in WAC 220-200-100, as now or hereafter amended.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.645)

19.150.615 Toe of slope.

“Toe of slope” means a distinct topographic break in a slope. Where no distinct break exists, this point shall be the lowermost limits of the landslide hazard area as defined and classified in Chapter 19.400.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.650)

19.150.620 Top of slope.

“Top of slope” means a distinct topographic break in a slope. Where no distinct break in a slope exists, this point shall be the uppermost limit of the geologically hazardous area as defined and classified in Chapter 19.400.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.655)

19.150.625 Use or activity.

“Use or activity” means any development proposal that includes or directly affects a critical area or its buffer, or occurs within the area of review, as described in Section 19.100.110(G), and is not otherwise exempt under Section 19.100.125.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017)

19.150.630 Utilities.

“Utilities” means facilities or structures that produce or carry services consumed by the public, such as electrical power, gas, sewage, water, communications, oil, or publicly maintained storm water facilities.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.665)

19.150.635 Utility corridor.

“Utility corridor” means areas set aside for or containing above- or below-ground utilities. A utility corridor is usually contained within and is a portion of any right-of-way or easement.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.670)

19.150.640 Wellhead protection area.

“Wellhead protection area” means the surface and subsurface area surrounding a well or wellfield that supplies a public water system.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.671)

19.150.645 Wetland delineation.

“Wetland delineation” means the identification of wetlands and their boundaries pursuant to this title, which shall be done in accordance with the approved federal wetlands delineation manual and applicable regional supplements.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.674)

19.150.650 Wetland determination.

““Wetland determination” means an on-site determination as to whether a wetland exists on a specific parcel, completed by either a wetland specialist or the department.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.675)

19.150.655 Wetland edge.

“Wetland edge” means the line delineating the outer edge of a wetland established in Section 19.200.210.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.680)

19.150.660 Wetlands.

“Wetlands” means those areas that are inundated or saturated by surface 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, but are not limited to, swamps, marshes, estuaries, bogs, and ponds less than twenty acres, including their submerged aquatic beds 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, storm water 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. However, wetlands may include those legally established artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.685)

19.150.665 Wetlands, mosaic.

“Wetlands, mosaic” or “mosaic wetlands” 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 one hundred feet from each other; and areas delineated as vegetated wetland are more than fifty percent of the total area of the entire mosaic, including uplands and open water.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.695)

19.150.670 Wetlands of regional significance.

“Wetlands of regional significance” means those wetlands determined by the department, or otherwise determined, to have characteristics of exceptional resource value which should be afforded the highest levels of protection.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.700)

19.150.675 Wetlands of statewide significance.

“Wetlands of statewide significance” means those wetlands recommended by the Washington State Department of Ecology (DOE) and determined by the department to have characteristics of exceptional resource value which should be afforded the highest levels of protection.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.705)

19.150.680 Wetlands report.

“Wetlands report” means a wetland delineation report or wetland mitigation plan consistent with applicable provisions of Chapters 19.200 (Wetlands) and 19.700 (Special Reports).

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.710)

19.150.685 Wetlands specialist.

“Wetlands specialist” means a person with experience and training in wetland issues who is able to submit substantially correct reports on wetland delineations, classifications, functional assessments and mitigation plans. Substantially correct is interpreted to mean that errors, if any, will be minor and do not delay or affect the site plan review process. Qualifications of a wetlands specialist include:

A.    Certification as a professional wetland scientist (PWS) or wetland professional in training (WPIT) through the Society of Wetland Scientists;

B.    A Bachelor of Science degree in the biological sciences from an accredited institution and two years of professional field experience; or

C.    Five or more years professional experience as a practicing wetlands biologist with a minimum three years professional experience delineating wetlands.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.715)

19.150.690 Wildlife biologist.

“Wildlife biologist” means a person with experience and training within the last ten years in the principles of wildlife management and with practical knowledge in the habits, distribution and environmental management of wildlife. Qualifications include:

A.    Certification as professional wildlife biologist through the Wildlife Society; or

B.    Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology, ecology, zoology, or a related field from an accredited institution and two years of professional field experience; or

C.    Five or more years of experience as a practicing wildlife biologist with a minimum of three years of practical field experience.

(Ord. 545 (2017) § 5 (Appx. (part)), 2017: Ord. 351 (2005) § 17 (part), 2005. Formerly 19.150.720)