40.460.210    Applicability

A.    This Program shall apply to all of the shorelands and waters within the unincorporated Clark County limits that fall under the jurisdiction of Chapter 90.58 RCW. Such shorelands shall include:

1.    Those lands extending two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark (OHWM);

2.    Floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways;

3.    The full extent of floodplains; and

4.    All wetlands and river deltas associated with the streams and lakes that are subject to the provisions of this Program; the same to be designated as to location by Ecology.

    An unofficial copy of the Shoreline Map for the county and all urban growth areas is shown in Appendix B.

B.    The following rivers and streams, listed by drainage basin and with tributaries identified, have shorelines subject to this Program. The upstream point (twenty (20) cubic feet per second (cfs)) is based on the Determination of Upstream Boundaries for Western Washington Streams and Rivers Under Requirements of the Shoreline Management Act of 1971, U.S. Geological Survey Report 96-4208:

    Hagen Creek: from the 20 cfs point (Sec. 36, T3N, R4E) downstream to the Skamania County line.

    Columbia River: from the Skamania County line downstream to the Cowlitz County line.

    Lawton Creek: from the 20 cfs point (Sec. 24, T1N, R4E) downstream to its confluence with the Columbia River.

    Gibbons Creek: from the 20 cfs point (Sec. 16, T1N, R4E) downstream to its confluence with the Columbia River.

    Washougal River: from the Skamania County line downstream to the Washougal city limits.

    Cougar Creek: from the 20 cfs point (Sec. 26, T2N, R4E) downstream to its confluence with the Washougal River.

    Little Washougal River: from the 20 cfs point (Sec. 8, T2N, R4E) downstream to its confluence with the Washougal River.

    East Fork Little Washougal River: from the 20 cfs point (Sec. 9, T2N, R4E) downstream to its confluence with the Little Washougal River.

    Boulder Creek: from the 20 cfs point (Sec. 4, T2N, R4E) downstream to its confluence with the Little Washougal River.

    Lacamas Creek: from its 20 cfs point (Sec. 35, T3N, R3E) downstream to the Camas city limits.

    North Fork Lacamas Creek: from its 20 cfs point (Sec. 35, T3N, R3E) downstream to the confluence with Lacamas Creek.

    Matney Creek: from its 20 cfs point (Sec. 15, T2N, R3E) downstream to its confluence with Lacamas Creek.

    Fifth Plain Creek: from its 20 cfs point (Sec. 6, T2N, R3E) downstream to its confluence with Lacamas Creek.

    Burnt Bridge Creek: those shorelines outside the Vancouver city limits (1) near the intersection of NE St. Johns Blvd. and Highway 500 (Sec. 24, T2N, R1E), and (2) downstream from the I-5 highway crossing (Sec. 15, T2N, R2E).

    Salmon Creek: from its 20 cfs point (Sec. 10, T3N, R3E) downstream to the Battle Ground city limits (Sec. 12, T3N, R2E); from the Battle Ground city limits (Sec. 14, T3N, R2E) downstream to its confluence with Lake River.

    Rock Creek: from its 20 cfs point (Sec. 33, T4N, R3E) downstream to its confluence with Salmon Creek.

    Morgan Creek: from its 20 cfs point (Sec. 13, T3N, R2E) downstream to its confluence with Salmon Creek.

    Curtin (Glenwood) Creek: from its 20 cfs point (Sec. 32, T3N, R2E) downstream to its confluence with Salmon Creek.

    Mill Creek: from its 20 cfs point (Sec. 7, T3N, R2E) downstream to its confluence with Salmon Creek.

    Gee Creek: downstream from the Ridgefield city limits (Sec. 13, T4N, R1W) to its confluence with the Columbia River.

    East Fork Lewis River: from the Skamania County line downstream to its confluence with the North Fork Lewis River.

    Copper Creek: from the Skamania County line downstream to its confluence with the East Fork Lewis River.

    King Creek: from its 20 cfs point (Sec. 26, T4N, R4E) downstream to its confluence with the East Fork Lewis River.

    Rock Creek: from its 20 cfs point (Sec. 23, T3N, R4E) downstream to its confluence with the East Fork Lewis River.

    Coyote Creek: from its 20 cfs point (Sec. 10, T3N, R4E) downstream to its confluence with Rock Creek.

    Cedar Creek: from its 20 cfs point (Sec. 17, T3N, R4E) downstream to its confluence with Rock Creek.

    Big Tree Creek: from its 20 cfs point (Sec. 31, T5N, R4E) downstream to its confluence with the East Fork Lewis River.

    Yacolt Creek: from its 20 cfs point (Sec. 11, T4N, R3E) downstream to its confluence with Big Tree Creek.

    Rock Creek: from its 20 cfs point (Sec. 36, T5N, R2E) downstream to its confluence with the East Fork Lewis River.

    Mason Creek: from its 20 cfs point (Sec. 8, T4N, R2E) downstream to its confluence with the East Fork Lewis River.

    Lockwood Creek: from its 20 cfs point (Sec. 1, T4N, R1E) downstream to its confluence with the East Fork Lewis River.

    North Fork Lewis River, south side: from the Skamania County line downstream to its confluence with the East Fork Lewis River.

    Siouxon Creek: from the Skamania County line downstream to its confluence with the North Fork Lewis River.

    North Siouxon Creek: from Skamania County line downstream to its confluence with Siouxon Creek.

    Canyon Creek: from the Skamania County line downstream to its confluence with the North Fork Lewis River.

    Fly Creek: from its 20 cfs point (Sec. 1, T4N, R4E) downstream to its confluence with Canyon Creek.

    Cedar Creek: from its 20 cfs point (Sec. 19, T5N, R4E) downstream to its confluence with the North Fork Lewis River.

    Chelatchie Creek: from its 20 cfs point (Sec. 12, T5N, R3E downstream to its confluence with Cedar Creek.

    Unnamed Tributary to Chelatchie Creek: from its 20 cfs point (Sec. 10, T5N, R3E) downstream to its confluence with Chelatchie Creek.

    Pup Creek: from its 20 cfs point (Sec. 10 T5N, R2E) downstream to its confluence with Cedar Creek.

    Lewis River south side: downstream from the confluence of the East Fork and the North Fork to its confluence with the Columbia River.

    Lake River: from its origin at Vancouver Lake to its confluence with the Columbia River.

    Whipple Creek: from its 20 cfs point (Sec. 7, T3N, R1E) downstream to its confluence with Lake River.

C.    The following are lakes with shorelines subject to this Program:

    Lacamas Lake;

    Round Lake;

    Vancouver Lake;

    Unnamed Lake 02 (west of Vancouver Lake);

    Post Office Lake;

    Green Lake;

    Battle Ground Lake;

    Campbell Lake;

    Unnamed Lake 03 (south of Canvasback Lake);

    Canvasback Lake;

    Hathaway Lake;

    Lancaster Lake;

    Mud Lake;

    Unnamed Lake 01 (south of Horseshoe Lake);

    Horseshoe Lake;

    Lake Merwin;

    Yale Lake;

    Carty Lake.

(Amended: Ord. 2014-12-10)

D.    Maps indicating the extent of shoreline jurisdiction and shoreline designations are guidance only. They are to be used in conjunction with best available science, field investigations and on-site surveys to accurately establish the location and extent of shoreline jurisdiction when a project is proposed. All areas meeting the definition of a shoreline of the state or a shoreline of statewide significance, whether mapped or not, are subject to the provisions of this Program.

E.    This Program shall apply to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other non-federal entity that develops, owns, leases, or administers lands, wetlands, or waters that fall under the jurisdiction of the Act; and within the external boundaries of federally owned lands (including, but not limited to, private in-holdings in national wildlife refuges).

F.    Non-federal agency actions undertaken on federal lands must comply with this Program and the Act.

G.    Shoreline development occurring in or over navigable waters may require a shoreline permit in addition to other approvals required from state and federal agencies.

H.    The provisions of RCW 35.21.160 are recognized, which state that jurisdictions along lakes or waterways have shoreline jurisdiction that extends to the middle of such lakes or waterways.

I.    This Program shall apply whether the proposed development or activity is exempt from a shoreline permit or not.

(Added: Ord. 2012-07-16)