Chapter 22.150


22.150.050    Construction of provisions.

22.150.100    Accessory structure – View blockage.

22.150.105    Adaptive management.

22.150.110    Adjacent principal building.

22.150.115    Agriculture.

22.150.120    Amendment.

22.150.125    Anchor.

22.150.130    Appurtenance.

22.150.135    Aquaculture.

22.150.140    Aquatic lands.

22.150.145    Associated wetlands.

22.150.150    Barrier structure.

22.150.155    Best management practices.

22.150.160    Boat house.

22.150.165    Boat launch.

22.150.170    Boating facilities.

22.150.175    Breakwater.

22.150.180    Buffer.

22.150.185    Building.

22.150.190    Building line.

22.150.195    Buoy.

22.150.200    Census-defined urban areas.

22.150.205    Commercial, commercial development.

22.150.210    Conditional use permit (CUP).

22.150.215    Critical freshwater habitats.

22.150.220    Critical saltwater habitats.

22.150.225    Department.

22.150.230    Development.

22.150.235    Development standards.

22.150.240    Dock.

22.150.245    Dredge.

22.150.250    Ecological functions.

22.150.255    Ecologically intact.

22.150.260    Eelgrass.

22.150.265    Emergency.

22.150.270    Enhancement.

22.150.275    Environmental limitations.

22.150.280    Excavation.

22.150.285    Exemptions.

22.150.290    Existing lots.

22.150.295    Existing structures.

22.150.300    Existing uses.

22.150.305    Feasible.

22.150.310    Fee in lieu (in-lieu fee).

22.150.315    Fill.

22.150.320    Float.

22.150.325    Forage fish.

22.150.330    Forest practices (commercial forestry).

22.150.335    Groin.

22.150.340    Guidelines (WAC).

22.150.345    Industrial, industrial development.

22.150.350    In-stream structure.

22.150.355    Jetty.

22.150.360    Kelp.

22.150.365    Launch ramp.

22.150.370    Limited area of more intense rural development (LAMIRD).

22.150.375    Live aboard.

22.150.380    Lot.

22.150.385    Lot coverage.

22.150.390    Low impact development (LID).

22.150.395    Low-intensity.

22.150.400    Macroalgae.

22.150.405    Marina.

22.150.410    Marine rail system.

22.150.415    May.

22.150.420    Mining.

22.150.425    Modification.

22.150.430    Mooring structures.

22.150.435    Mudflats.

22.150.440    Must.

22.150.445    Natural hydrographic conditions.

22.150.450    No net loss.

22.150.455    Normal maintenance.

22.150.460    Normal repair.

22.150.465    Ordinary high water mark (OHWM).

22.150.470    Pier.

22.150.475    Platted.

22.150.480    Predator exclusion.

22.150.485    Principal building.

22.150.490    Priority species.

22.150.495    Prohibited.

22.150.500    Public access.

22.150.505    Qualified professional or qualified consultant.

22.150.510    Ramp (or gangway).

22.150.515    Recreation.

22.150.520    Recreational development.

22.150.525    Residential development.

22.150.530    Resource-based uses.

22.150.535    Restoration.

22.150.540    Revision.

22.150.545    Setback.

22.150.550    Shall.

22.150.555    Shellfish beds.

22.150.560    Shorelands.

22.150.565    Shoreline Management Act (Act).

22.150.570    Shoreline stabilization.

22.150.575    Shoreline structure setback line.

22.150.580    Shorelines of the state.

22.150.585    Shorelines of statewide significance.

22.150.590    Should.

22.150.595    State Environmental Policy Act (SEPA).

22.150.600    Structure.

22.150.605    Substantial development.

22.150.610    Substantial development permit.

22.150.615    Transportation.

22.150.620    Urban Growth Area (UGA).

22.150.625    Use.

22.150.630    Utilities.

22.150.635    Variance.

22.150.640    Vascular plants.

22.150.645    WAC.

22.150.650    Water-dependent use.

22.150.655    Water-enjoyment use.

22.150.660    Water-oriented use.

22.150.665    Water-related use.

22.150.670    Weir.

22.150.675    Wetlands.

22.150.050 Construction of provisions.

Where terms, phrases and words are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the English Webster’s Dictionary shall be considered as providing ordinary accepted meanings. In addition, where available, the definitions provided in WAC 173-26-020 or 173-27-030 or Chapter 90.58 RCW shall be applied.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.100 Accessory structure – View blockage.

As it relates to view blockage, buildings and other structures encompassing less than two hundred square feet and less than ten feet in height from grade level, and fences which are less than six feet in height from grade level.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.105 Adaptive management.

A process of evaluating data acquired through project monitoring relative to a developed plan with goals or benchmarks, and taking action based on the results in order to reduce uncertainty with regard to adverse ecological impacts and improve outcomes over time.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.110 Adjacent principal building.

A principal building on a lot abutting the applicant’s lot.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.115 Agriculture.

Uses and practices, primarily commercial in nature, which are in support of agricultural activities, agricultural products, agricultural equipment and facilities, and agricultural land, as defined in WAC 173-26-020(3). This excludes activities typically associated with single-family residences, such as gardening activities primarily for on-site consumption. Such uses may still be subject to other provisions of this program.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.120 Amendment.

A revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.125 Anchor.

A device used to secure a vessel.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.130 Appurtenance.

Structures and development necessarily connected to the use of a single-family residence, and located within contiguous ownership of the primary residential use including: garages, decks, fences, driveways, utilities, septic tanks and drainfields, officially registered historic structures, and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the OHWM. Appurtenances do not include bulkheads and other shoreline modifications or over-water structures, including tower stairs with landings at or below the ordinary high water line.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.135 Aquaculture.

The culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state and tribal co-managed wild-stock geoduck fishery.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.140 Aquatic lands.

The bed-lands (submerged at all times) and tidelands (submerged lands and beaches that are exposed and submerged with the ebb and flow of the tides) beneath the waters of lakes, rivers and marine waters and along their shores.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.145 Associated wetlands.

Those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Act.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.150 Barrier structure.

Any shoreline or in-water structure that has the primary purpose of diverting, capturing or altering the natural flow or transport of water or sediment. These include breakwaters, jetties, groins and weirs.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.155 Best management practices.

Those practices determined to be the most efficient, practical and cost-effective measures identified to reduce or control impacts to water bodies from a particular activity, most commonly by reducing the loading of pollutants from such sources into stormwater and water bodies.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.160 Boat house.

A structure built for and with a continued primary purpose to store aquatic vessels and usually associated with a single-family residence.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.165 Boat launch.

A solid ramp, usually made of concrete, used for the purpose of placing watercraft in and out of the water.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.170 Boating facilities.

Public and private mooring structures and related services serving five or more boats, including piers, docks, buoys, floats, marinas, and facilities for the use of boat launching, boat storage, or boating supply sales, or for the service and maintenance of pleasure or commercial craft.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.175 Breakwater.

A protective structure usually built off shore to protect beaches, bluffs, or harbor areas from wave action.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.180 Buffer.

A non-clearing area established to protect the integrity, functions and values of the affected critical area or shoreline, but may be modified and reduced to accommodate allowed uses when consistent with the Act and this program, and when conducted so that no net loss of critical area or shoreline ecological functions occurs. Under optimal conditions, buffers are composed of intact native vegetation. Buffer widths are measured horizontally.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.185 Building.

Any structure used or intended for supporting or sheltering any use or occupancy.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.190 Building line.

The perimeter or that portion of a principal building closest to the ordinary high water mark (OHWM), but excluding decks and balconies, open steps, architectural features (such as cornices), and roof overhangs.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.195 Buoy.

An anchoring device with a float used to secure a vessel. For the purposes of this program, the term “buoy field” refers to more than one buoy per parcel.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.200 Census-defined urban areas.

Territories that consist of areas of high population density and urban land use resulting in a representation of “urban footprint.” The territories include residential, commercial and other nonresidential urban land uses. Defined by U.S. Department of Commerce and the U.S. Census Bureau Tigerline Shapefile 2012:

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.205 Commercial, commercial development.

A use that involves wholesale or retail trade, or the provision of services.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.210 Conditional use permit (CUP).

A permit for a use, development, or substantial development that is classified as a conditional use or is not a listed use in the use and modifications matrix in Chapter 22.600.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.215 Critical freshwater habitats.

Includes those portions of streams, rivers, wetlands, lakes and their associated channel migration zones and floodplains that provide habitat for priority species at any stage in their life cycles, and provide critical ecosystem-wide processes, as established in WAC 173-26-221(2)(c)(iv). This is distinguished from the term “critical habitat” as utilized in relation to the Endangered Species Act.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.220 Critical saltwater habitats.

As defined in WAC 173-26-221(2)(c)(iii), include all kelp beds; eelgrass beds; spawning and holding areas for forage fish, such as herring, smelt and sand lance; subsistence, commercial and recreational shellfish beds; mudflats; intertidal habitats with vascular plants; and areas with which priority species have a primary association. See this chapter for definitions of each type of critical saltwater habitat. This is distinguished from the term “critical habitat” as utilized in relation to the Endangered Species Act.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.225 Department.

For the purposes of this program, means the Kitsap County department of community development.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.230 Development.

A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface waters overlying lands subject to the Act at any stage of water level.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.235 Development standards.

Controls placed on development or land uses, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.240 Dock.

The collective term for a moorage structure that typically consists of a nearshore fixed-pile pier, a ramp (or gangway), and a float that is used as a landing place for marine transport or for recreational purposes. It does not include recreational decks, storage facilities or other appurtenances.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.245 Dredge.

The removal of earth, gravel, sand or other mineral substances from the bottom of a stream, river, lake, bay, or other water body, including wetlands.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.250 Ecological functions.

The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.255 Ecologically intact.

Those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses. In forested areas, they generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies. Recognizing that there is a continuum of ecological conditions ranging from near natural conditions to totally degraded and contaminated sites, this term is intended to delineate those shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Whether or not a shoreline is ecologically intact is determined on a case-by-case basis.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.260 Eelgrass.

A flowering plant adapted to the marine environment that roots in sand or mud in shallow waters where waves and currents are not too severe. Eelgrass beds require high ambient light levels. Where eelgrass beds are disputed as a critical saltwater habitat, appropriate state agencies and co-managing tribes shall be consulted in order to assist with the determination.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.265 Emergency.

An unanticipated threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this program. See emergency exemption procedures in WAC 173-27-040(2)(d).

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.270 Enhancement.

To improve the ecological functions at the site or landscape scale. This includes physical, biological and chemical processes which contribute to the maintenance of the aquatic and terrestrial environments.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.275 Environmental limitations.

Limiting factors to new modifications or development, such as floodplains or unstable slopes.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.280 Excavation.

The mechanical removal of earthen material.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.285 Exemptions.

Uses and development that are not required to obtain a substantial development permit, but which must otherwise comply with applicable provisions of the Act and this program. Certain exemption developments must obtain a letter of exemption (see Section 22.500.100(C)(4)).

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.290 Existing lots.

Lots, tracts, parcels, sites or other fractional part of divided land that was legally established in accordance with local and state subdivision requirements prior to the effective date of this program.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.295 Existing structures.

Structures that were legally constructed prior to the effective date of this program in accordance with the requirements in effect at the time of construction.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.300 Existing uses.

Uses that were legally established prior to the effective date of this program in accordance with the applicable regulations at the time established.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.305 Feasible.

An action, such as a development project, mitigation, or preservation requirement, that meets all of the following conditions:

A.    The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;

B.    The action provides a reasonable likelihood of achieving its intended purpose; and

C.    The action does not physically preclude achieving the project’s primary intended legal use.

The burden of proving infeasibility is on the applicant. In determining infeasibility, the reviewing agency may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.310 Fee in lieu (in-lieu fee).

A fee paid to a sponsor (e.g., Kitsap County, Hood Canal Coordinating Council, etc.) to satisfy compensatory mitigation requirements when mitigation is precluded from being completed on site due to site development or physical constraints.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.315 Fill.

The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.320 Float.

An anchored (not directly to the shore) floating platform that is free to rise and fall with water levels and is used for water-dependent recreational activities such as boat mooring, swimming or diving. Floats may stand alone with no over-water connection to shore or may be located at the end of a pier or ramp.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.325 Forage fish.

Small, schooling fishes that are key prey items for larger predatory fish and wildlife in a marine food web. Puget Sound species include, but are not limited to, Pacific herring, surf smelt, Pacific sand lance and northern anchovy. Each species has specific habitat requirements for spawning, such as sediment grain size, tidal heights, or vegetation types. Known spawning and holding areas have been mapped by the Department of Fish and Wildlife.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.330 Forest practices (commercial forestry).

Any activity conducted on or directly pertaining to forestland and relating to growing, harvesting or processing timber, including, but not limited to:

A.    Road and trail construction;

B.    Harvesting, final and intermediate;

C.    Precommercial thinning;

D.    Reforestation;

E.    Fertilization;

F.    Prevention and suppression of diseases and insects;

G.    Salvage of trees; and

H.    Brush control.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.335 Groin.

Barrier-type structures extending waterward from the back shore across the beach to interrupt and trap sand movement.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.340 Guidelines (WAC).

Those standards adopted by the Department of Ecology pursuant to RCW 90.58.200 to assist in the implementation of Chapter 90.58 RCW for the regulation of shorelines of the state. The standards may be referenced at Chapters 173-26 and 173-27 WAC.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.345 Industrial, industrial development.

Facilities for processing, manufacturing, and storing finished or partially finished goods; heavy vehicle dispatch and maintenance facilities; and similar facilities.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.350 In-stream structure.

Structure placed by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.355 Jetty.

Barrier-type structures designed to modify or control sand movement and usually placed at inlets to improve a navigable channel.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.360 Kelp.

A plant generally attaching to bedrock or cobbles in shallow waters, especially in areas with moderate to high waves or currents. Kelp beds generally require high ambient light levels. Kelp includes both floating and nonfloating species. Where kelp beds are disputed as a critical saltwater habitat, appropriate state agencies and co-managing tribes shall be consulted in order to assist with the determination.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.365 Launch ramp.

A sloping ramp, traditionally made of concrete, which may extend into the tidelands, used for the purpose of placing a boat in or taking one out of the water.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.370 Limited area of more intense rural development (LAMIRD).

Locally designated rural areas authorized to accept more intense, urban-like development under RCW 36.70A.070(5)(d) and Title 17.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.375 Live aboard.

Use of a vessel as a residence, meaning full-time occupancy in a single location, for an uninterrupted period exceeding sixty days in any calendar year.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.380 Lot.

A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts, or parcels. Where the context so indicates, lots, tracts or parcels may refer to subdivided lands not conforming to, or in violation of, zoning or subdivision regulations.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.385 Lot coverage.

The percent or square footage of a lot that will be covered by the modification.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.390 Low impact development (LID).

A stormwater management strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. The term may also be used to describe any type of development which incorporates new or experimental best management practices to reduce environmental impacts.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.395 Low-intensity.

Activities which do not adversely alter the natural ecosystem functions.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.400 Macroalgae.

Marine algae visible to the naked eye, such as kelp or other seaweeds.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.405 Marina.

A public or private water-dependent wet moorage and/or dry boat storage facility for ten or more pleasure craft and/or ten or more commercial craft, and generally including goods or services related to boating. Marinas also include wet moorage facilities where boat moorage slips may be leased or rented to individuals who are not a member owner of an associated residential development. Launching facilities may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.410 Marine rail system.

A pair of sloping tracks which extends into the tidelands, used for the purpose of placing watercraft in and out of the water.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.415 May.

A permissive term that means the action is acceptable, provided it satisfies all other provisions of this program.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.420 Mining.

The removal of sand, soil, minerals, and other naturally occurring materials from the earth for commercial or economic use.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.425 Modification.

Those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other structure. They can include other actions, such as clearing, grading, or application of chemicals.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.430 Mooring structures.

Includes piers, docks, floats and buoys and their associated pilings, ramps, lifts and railways, as well as modifications that support boating facilities and marinas. Any mooring structure or grouping of structures that provides docking space for ten or more boats is considered a marina.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.435 Mudflats.

A low-lying land of fine sediments and silt that is exposed at low tide and covered at high tide.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.440 Must.

A mandatory term that means an action is required.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.445 Natural hydrographic conditions.

The natural conditions for a particular time of year of water delivery and movement through a system.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.450 No net loss.

The maintenance of the aggregate total of the county’s shoreline ecological functions. The no net loss standard requires that the impacts of shoreline development and/or use, whether permitted or exempt, be identified and prevented or mitigated such that there are no resulting adverse impacts on ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net loss requirement. The no net loss standard applies at multiple scales, starting at the project site. Compensatory mitigation standards include sequencing guidelines to ensure the most appropriate mitigation type and site are selected, as close to the impacted location as possible.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.455 Normal maintenance.

Those usual acts necessary to prevent a decline, lapse or cessation from a lawfully established condition.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.460 Normal repair.

To restore a development to a state comparable to its original condition, including, but not limited to, its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to a shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.465 Ordinary high water mark (OHWM).

The 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 existed on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the county or Ecology; provided, that in any area where the OHWM cannot be found, the OHWM adjoining salt water shall be the line of mean higher high tide and the OHWM adjoining fresh water shall be the line of mean high water.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.470 Pier.

A rigid structure built over the water and typically constructed on piles, attached to the shore and used as a landing place for marine transport or for recreational purposes.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.475 Platted.

Land that has been divided following the applicable laws for divisions of land under Title 16, including land subject to a current application for such division.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.480 Predator exclusion.

An object or activity used to implement pest management in aquaculture practices with the intent of deterring or excluding predators such as moon snails, sea star, crabs, diving ducks, burrowing shrimp or sand dollars. Common methods include, but are not limited to, large canopy nets, mesh, PVC tubes with net caps, flexar plastic tunnels, oyster bags and suspended culture systems.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.485 Principal building.

That building on a lot closest to the ordinary high water mark excluding accessory structures.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.490 Priority species.

Species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below:

A.    State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011(1)), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Washington Department of Fish and Wildlife (POL-M 6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.

B.    Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.

C.    Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.

D.    Species listed by the National Marine Fisheries Service or the U.S. Fish and Wildlife Service under the federal Endangered Species Act as either proposed, threatened, or endangered.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.495 Prohibited.

Not permitted to occur in a particular designation.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.500 Public access.

The ability of the general public or, in some cases, a specific community, to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.505 Qualified professional or qualified consultant.

In accordance with WAC 365-195-905(4), a qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related and relevant field to the subject in question, have related work experience and meet the following criteria:

A.    A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and a minimum of three years of professional experience in wetland identification and assessment associated with wetland ecology in the Pacific Northwest or comparable systems.

B.    A qualified professional for habitat management plans or shoreline mitigation plans must have a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of three years professional experience related to the subject species/habitat type.

C.    A qualified professional for geologically hazardous areas, geotechnical and hydrogeological reports must be a professional engineering geologist or geotechnical engineer, licensed in the state of Washington. In designing soft armoring techniques, a qualified professional may also have similar qualifications as that required for habitat management plans.

D.    A “qualified professional for critical aquifer recharge areas” means a Washington State licensed hydrogeologist, geologist, or an engineer qualified in experience and training in aquifer recharge.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.510 Ramp (or gangway).

A structure between a pier and float which adjusts its angle based on the tidal elevation, allowing access to the float at all times.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.515 Recreation.

The use and enjoyment of the shoreline by the public, including but not limited to fishing, hiking, swimming and viewing.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.520 Recreational development.

Development that provides opportunities for the use and enjoyment of the shoreline by the public, including but not limited to fishing, hiking, swimming and viewing. This includes both commercial and public recreational facilities.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.525 Residential development.

Development for the purpose of human habitation. Residential development includes the construction or modification of one- and two-family detached structures, multifamily structures, condominiums, townhouses, mobile home parks, and other similar group housing, together with accessory dwelling units, accessory uses and structures common to residential uses. Residential development also includes the creation of new residential lots through the subdivision of land. Residential development does not include hotels, motels, bed and breakfasts, or any other type of overnight or transient housing or camping facilities.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.530 Resource-based uses.

Low-intensity uses, which may include agriculture, aquaculture, forestry, recreation and designated open space.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.535 Restoration.

The reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.540 Revision.

The modification or change to a permit authorized under this program.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.545 Setback.

The distance a use or development must be from the edge of a buffer to prevent construction and other activities from intruding into the buffer.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.550 Shall.

A mandatory term that means an action is required.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.555 Shellfish beds.

A general area of shoreline, both intertidal and subtidal, where shellfish congregate. This includes natural subsistence, recreational and commercial beds. Shellfish include, but are not limited to, abalone, hardshell clam, subtidal clam, Dungeness crab, geoduck clam, manila clam, oysters, razor clam, pandalid shrimp and red urchin. Where disputed as a critical saltwater habitat, appropriate state agencies and affected tribes shall be consulted in order to assist with the determination.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.560 Shorelands.

Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; all floodways and up to two hundred feet of contiguous floodplain area; and all wetlands and river deltas associated with the streams, lakes and marine waters which are subject to the provisions of this program.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.565 Shoreline Management Act (Act).

The Washington State Shoreline Management Act, Chapter 90.58 RCW.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.570 Shoreline stabilization.

Actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action.

These actions include structural and nonstructural methods. Nonstructural methods, for example, include approaches such as building setbacks, structure relocation, groundwater management, and land use planning. Structural methods can be “hard” or “soft.” “Hard” structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads, while “soft” structural measures rely on less rigid materials, such as bioengineering vegetation measures or beach enhancement. “Hybrid” structures are a composite of both soft and hard elements along the length of the armoring. Generally, the harder the construction measure, the greater the impact on shoreline processes including sediment transport, geomorphology, and biological functions.

There are a range of measures for shoreline stabilization varying from soft to hard that include, but are not limited to:

A.    Soft.

1.    Vegetation enhancement;

2.    Beach enhancement;

3.    Bioengineering measures;

4.    Anchor logs and stumps; and

5.    Gravel placement/beach nourishment.

B.    Hard.

1.    Rock revetments;

2.    Gabions;

3.    Groins;

4.    Bulkheads; and

5.    Seawalls.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.575 Shoreline structure setback line.

The closest distance measured on a horizontal plane between the ordinary high water mark and the building line.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.580 Shorelines of the state.

Includes all “shorelines” and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.585 Shorelines of statewide significance.

Shorelines in Kitsap County designated as shorelines of statewide significance are:

A.    Hood Canal: from Foulweather Bluff to the southwestern corner of the boundary of Kitsap County, near Chinum Point, between the ordinary high water mark and the line of extreme low tide, together with shorelands associated therewith per RCW 90.58.030(2)(f)(vi).

B.    Puget Sound: seaward from the line of extreme low tide.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.590 Should.

A term that means a particular action is required unless there is a demonstrated, sufficient reason, based on a policy of the Act or this program, for not taking the action.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.595 State Environmental Policy Act (SEPA).

An environmental review process designed to work with other regulations to provide a comprehensive review of a proposal. Most regulations focus on particular aspects of a proposal, while SEPA requires the identification and evaluation of probable impacts for all elements of the environment. See Chapter 197-11 WAC.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.600 Structure.

A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except vessels.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.605 Substantial development.

Any development of which the total cost or fair market value exceeds $5,000.00, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold must be adjusted for inflation every five years, as defined in WAC 173-27-040(2).

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.610 Substantial development permit.

A permit for any substantial development.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.615 Transportation.

Systems for automobiles, public transportation, pedestrians, and bicycles. This includes, but is not limited to, roads, parking facilities, bridges, sidewalks and railroads.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.620 Urban Growth Area (UGA).

Those areas designated by Kitsap County pursuant to RCW 36.70A.110 for urban development.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.625 Use.

The end to which a land or water area is ultimately employed.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.630 Utilities.

Services and facilities that produce, convey, store or process electric power, gas, sewage, water, communications, oil, and waste. This includes drainage conveyances and swales.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.635 Variance.

Granting relief from specific bulk, dimensional or performance standards set forth in this master program and not a means to vary a use of a shoreline.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.640 Vascular plants.

All seed-bearing plants that have vascular tissue (xylem and phloem).

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.645 WAC.

Washington Administrative Code.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.650 Water-dependent use.

A use or portion of a use that cannot exist in a location that is not adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.655 Water-enjoyment use.

A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.660 Water-oriented use.

A use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.665 Water-related use.

A use or portion of a use that is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because:

A.    The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or

B.    The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.670 Weir.

A structure that impounds, diverts or uses water for hydraulic generation and transmission, flood control, irrigation, water supply, recreational or fisheries enhancement.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)

22.150.675 Wetlands.

Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

(Ord. 519 (2014) § 4 (Exh. 1 (part)), 2014)