Chapter 18.06 DEFINITIONS

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this title, the following terms shall have the following meanings, unless the context indicates otherwise. Words and phrases used in this title shall be interpreted as defined below. Where ambiguity exists, words or phrases shall be interpreted so as to give this title its most consistent and reasonable application in carrying out its regulatory purpose.

“Adjacent” means immediately adjoining (in contact with the boundary of the critical area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. “Adjacent” shall mean any activity or development located a distance equal to or less than the required critical area buffer width and building setback.

“Alteration” means any human-induced activity that changes the existing condition of a critical area. Alterations include, but are not limited to, grading; filling; dredging; draining; channelizing; clearing or removing vegetation; discharging pollutants; paving; construction; or any other human activity that changes the existing landforms, vegetation, hydrology, fish, wildlife, or wildlife habitat of a critical area.

“Anadromous fish” means species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to procreate.

“Applicant” means the person, party, firm, corporation, or other entity that proposes any activity that could affect a critical area.

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

“Aquifer recharge areas” means areas where the prevailing geologic conditions allow infiltration rates which create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. Aquifer recharge areas are classified as follows:

A. High Significance Aquifer Recharge Areas. Areas with slopes of less than 15 percent that are underlain by coarse alluvium or sand and gravel, and overlain by soils with moderate to rapid permeability, as classified by the U.S. Department of Agriculture Soil Conservation Service;

B. Moderate Significance Aquifer Recharge Areas.

1. Areas with slopes of less than 15 percent that are underlain by fine alluvium, silt, clay, or glacial till, and overlain by soils with moderate to rapid permeability as classified by the U.S. Department of Agriculture Soil Conservation Service; and

2. Areas with slopes of 15 to 30 percent that are underlain by coarse alluvium, sand or gravel, and overlain by soils with moderate to rapid permeability, as classified by the U.S. Department of Agriculture Soil Conservation Service;

C. Low Significance Aquifer Recharge Areas.

1. Areas with slopes of 15 to 30 percent that are underlain by silt, clay, or glacial till; and

2. Areas with slopes greater than 30 percent.

“Aquifer susceptibility” means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the 100-year flood.

“Best available science” means the current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.

“Best management practices (BMPs)” means the conservation practices or systems of practices and management measures that:

A. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

B. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

C. Protect trees and vegetation designated to be retained during and following site construction; and

D. Provide standards for proper use of chemical herbicides within critical areas.

The city shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to.

“Buffer” or “buffer area” means a naturally vegetated and undisturbed or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, or is an integral part of the resource’s ecosystem.

“City” means the city of Milton, including any department, official, board or body thereof with jurisdiction over the subject of this chapter.

“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site that exposes the earth’s surface of the site or any actions that disturb the existing ground surface.

“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection.

“Creation” means bringing a wetland or stream corridor into existence at a site in which a wetland or stream corridor did not formerly exist.

“Critical aquifer recharge areas” are areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2).

“Critical areas” include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in Chapter 36.70A RCW and this chapter.

“Critical ecosystems” means environmentally sensitive areas subject to natural hazards or those landform features which in their natural state carry, hold or purify water and support unique, fragile or valuable natural resources such as fish, wildlife and other organisms. These areas also provide flood protection, shoreline stability and aid in recharging valuable ground water resources. These critical ecosystems include aquifer recharge areas, fish and wildlife habitat conservation and open space areas, frequently flooded areas, geologically hazardous areas, natural resource areas, stream corridors, wetlands and their associative transitional buffer zones.

“Critical facility” means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use or store hazardous materials or hazardous waste.

“Critical geologic hazard areas” means lands or areas subject to high or severe risks of geologic hazard.

“Critical habitats” means those habitat areas which meet any of the following criteria:

A. Areas with which species listed by the federal government or state of Washington as endangered, threatened, or sensitive have a primary association;

B. Those streams identified as Type I or Type II streams as defined in Chapter 18.16 MMC;

C. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

D. Those wetlands identified as Category I or II wetlands, as defined in Chapter 18.16 MMC;

E. Open space wetlands, river and stream banks, ravines, wooded areas and any other upland areas that provide essential habitat for sensitive and locally important plant or wildlife species;

F. Areas with which priority species (as determined by the Washington Department of Fish and Wildlife) have a primary association;

G. Priority habitats as identified by the Washington Department of Fish and Wildlife. Priority habitats are areas with one or more of the following attributes: comparatively high wildlife density, high wildlife species richness, significant wildlife species richness, significant wildlife breeding habitat, significant wildlife seasonal ranges, significant movement corridors for wildlife, limited availability, and/or high vulnerability;

H. Habitats or species of local importance.

“Critical species” are all animal and plant species listed by the state or federal government as threatened or endangered.

“Cumulative impacts or effects” are the combined, incremental effects of human activity on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action are added to or interact with other effects in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions.

“DBH” or “diameter at breast height” means the diameter of a tree as measured at breast height (54 inches above the ground).

“Degraded wetland” means a wetland in which the vegetation, soils and/or hydrology have been adversely altered, resulting in lost or reduced functional value.

“Department” means any division, subdivision or organizational unit of the city established by resolution, rule or order.

“Department of Ecology” means the State Department of Ecology.

“Developable area” means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this title.

“Development” means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling, removal of any sand, gravel or minerals, stockpiling of materials, bulkheading, driving of piling, paving, placing of obstructions, or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the provisions of this chapter at any state of water level.

“DNS” means determination of nonsignificance.

“Dredging” means the removal of earth from the bottom of a navigational channel, berthing area or to obtain bottom materials for landfill.

“DS” means determination of significance.

“Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).

“Emergent wetland” means a wetland with at least 30 percent of its surface covered by erect, rooted, herbaceous vegetation at the uppermost vegetative strata.

“Enhancement” means an action that increases the functions and values of a stream, wetland, or other critical area or buffer.

“Epicenter” means the location on the surface of the earth directly above the place where an earthquake originates.

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

“Erosion hazard areas” means those lands susceptible to the wearing away of their surface by water, wind or gravitational creep. Erosion hazard areas are classified as low, moderate or high risk based on slope inclination and soil types as identified by the U.S. Department of Agriculture Soil Conservation Service:

A. Low. All sites classified with soil types designated by the U.S. Department of Agriculture Soil Conservation Service as having no or slight erosion hazard.

B. Moderate. All sites classified with soil types designated as moderate hazard.

C. High. All sites classified with soil types designated as severe or very severe erosion hazard.

“Existing and ongoing agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; and normal maintenance, repair, and operation of existing serviceable structures, facilities, or improved areas. Activities which bring a nonagricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years.

“Exotic” means any species of plants or animals which are foreign to the planning area.

“Extraordinary hardship” means the prevention of all reasonable economic use of a site by strict application of this chapter and/or procedures adopted to implement this chapter.

“Fill” means dumping or placing, by any means, any material from, to or on any soil or sediment surface including temporary stockpiling of material.

“Fish and wildlife habitat conservation areas” are areas necessary for maintaining fish and wildlife species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). Fish and wildlife habitat 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.

“Fish habitat” means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat.

“Flood hazard areas” means those areas subject to inundation by the base flood. These areas consist of the following components, as determined by the city:

A. Floodplain. The total area subject to inundation by the base flood.

B. Flood Fringe. That portion of the floodplain outside the floodway which is generally covered by floodwaters during the base flood. It is generally associated with standing water rather than rapidly flowing water.

C. Floodway. The channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

“Forested wetland” means a wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height.

“Frequently flooded areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the city in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

“Functional value” means the beneficial role streams and wetlands serve including, but not limited to, fish and wildlife habitat, ground water recharge/discharge, water quality protection, storm water storage, conveyance, floodwater and storm water retention, provision of erosion and sediment controls and recreation and aesthetic value.

“Geologic hazard areas” means lands or areas characterized by geologic, hydrologic, and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or seismic activity.

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Ground water” means all water found beneath the ground surface, including slow- moving subsurface water present in aquifers and recharge areas.

“Ground water management area” means a specific geographic area or subarea designated pursuant to Chapter 173-100 WAC for which a ground water management program is required.

“Ground water management program” means a comprehensive program designed to protect ground water quality, to assure ground water quantity, and to provide for efficient management of water resources while recognizing existing ground water rights and meeting future needs consistent with local and state objectives, policies and authorities within a designated ground water management area or subarea and developed pursuant to Chapter 173-100 WAC.

“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.

“Habitat” means the specific area or environment in which a particular type of plant or animal lives.

“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.

“Hazard areas” means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.

“Hazardous substance” means any substance defined as a “hazardous substance” pursuant to RCW 70.105D.020(5), which subsection is adopted by reference as though set forth herein in full.

“Hazardous substance processing or handling” means the use, storage, manufacture or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container.

“Hazardous waste” means all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.

A. “Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

1. Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

B. “Extremely hazardous waste” means any waste which:

1. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife; and

2. Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.

“Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste.

“Height” means the vertical distance measured from the average grade level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to one-half the vertical distance between the eaves and ridge of a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the buildings may be measured from the average elevation of the finished yard grade along the front of the building.

“High intensity land use” means a use associated with high levels of human or structural activity. These uses include:

A. Residential buildings and structures;

B. Active recreational areas and facilities;

C. Commercial or industrial uses and structures; or

D. Similar activities.

“Hydric soil” means soil that is saturated or flooded long enough during the growing season to develop anaerobic (oxygen deficient) conditions in the upper part. In order to develop these characteristics, the soil must be covered or saturated by water for at least seven days during the normal growing season for at least two or more years.

“Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation which encompasses the depth, frequency, duration and seasonal pattern of inundation.

“Hydrophyte” means an aquatic plant growing in water or on a substrate (hydric soil) that is at least periodically deficient in oxygen where the water or waterlogged soil is too wet for most plants to survive. Examples of these plants can include:

A. Cattails;

B. Sedges;

C. Bulrush;

D. Alder;

E. Salmonberry.

“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water.

“Infiltration” means the downward entry of water into the immediate surface of soil.

“Injection well(s)” means as follows:

A. Class I. A well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter mile of the well bore, an underground source of drinking water.

B. Class II. A well used to inject fluids:

1. Brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as dangerous wastes at the time of injection;

2. For enhanced recovery of oil or natural gas; or

3. For storage of hydrocarbons that are liquid at standard temperature and pressure.

C. Class III. A well used for extraction of minerals, including but not limited to the injection of fluids for:

1. In-situ production of uranium or other metals that have not been conventionally mined;

2. Mining of sulfur by Frasch process; or

3. Solution mining of salts or potash.

D. Class IV. A well used to inject dangerous or radioactive waste fluids.

E. Class V. All injection wells not included in Classes I, II, III, or IV.

“In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in category.”

“Inter-rill” means areas subject to sheetwash.

“Isolated wetlands” are those wetlands that are outside of and not contiguous to any 100- year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

“Lahars” means mudflows and debris flows originating from the slopes of a volcano.

Land Use Administrator. The planning/building director of the city shall serve as land use administrator as said position was established pursuant to MMC 18.16.020. The mayor may also designate an acting land use administrator who shall have all of the duties and powers of the land use administrator in the absence of or inability of the land use administrator to act.

“Landslide” means episodic downslope movement of a mass of soil or rock.

“Landslide hazard areas” means areas that, due to a combination of slope inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of landsliding.

“Liquefaction” means a process by which a water-saturated granular (sandy) soil layer loses strength because of ground shaking commonly caused by an earthquake.

“Lot slope” means a measurement by which the average slope of the lot is calculated as a percentage. The lowest elevation of the lot is subtracted from the highest elevation, and the resulting number is divided by the horizontal distance between these two points. The resulting product is multiplied by 100.

“Magnitude” means a quantity characteristic of the total energy released by an earthquake. Commonly, earthquakes are recorded with magnitudes from zero to eight.

“Maintenance dredging” means the removal of earth from the bottom of a stream, river, lake, bay or other water body for the purpose of maintaining a prescribed minimum depth of any specific waterway project.

“Marsh” means a wetland which is permanently submerged or has intermittent aquatic plant life where dominant vegetation is nonwoody plants such as grasses and sedges.

“Mass wasting” is a general term for a variety of processes by which large masses of rock or earth material are moved downslope by gravity, either slowly or quickly.

“Mineral extraction” means the removal of naturally occurring materials from the earth, excluding dredging as defined in this chapter.

“Mineral resource lands” means any area presently operating under a valid Washington State Department of Natural Resources (DNR) surface mining permit. Other areas shall be classified as mineral resource lands when a surface mining permit is granted by the DNR.

“Minerals” means gravel, sand and valuable metallic substances.

“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures through the monitoring period and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.

“Native growth protection area (NGPA)” means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat and removal of invasive species.

“Native vegetation” means plant species that are indigenous and naturalized to the city’s region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds.

“Nonconformity” means a legally established existing use or legally constructed structure that is not in compliance with current regulations.

Nonindigenous. See “Exotic.”

“Noxious weed” means any plant which, when established, is highly destructive, competitive, or difficult to control by cultural or chemical practices. Any plant designated as a noxious weed in the state noxious weed list, as defined and referenced at RCW 17.10.010, shall be presumed to be a noxious weed for purposes of this chapter.

“Ordinance” means the ordinance or other procedure used by the city to adopt regulatory requirements.

“Ordinary high water mark (OHWM)” on all lakes, streams and tidal water means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of water are so common and usual, and so long continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on June 1, 1971, or as it may naturally change thereafter; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining saltwater 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.

“Out-of-kind compensation” means to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. It does not refer to replacement “out-of-category.”

“Palustrine wetland” means a freshwater wetland, emergent herbaceous vegetation, scrub-shrub vegetation and/or trees that are isolated from a larger water body.

“Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.

“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation or agency of the state or local government unit however designated.

“Ponds” means naturally occurring impoundments of open water less than 20 acres and more than 2,500 square feet which maintain standing water throughout the year.

“Porous soil types” means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices or other openings which allow the passing of water.

“Potable water” means water that is safe and palatable for human use.

“Practicable alternatives” means alternatives to the proposed project which shall accomplish essentially the same objective and avoid or have less adverse impacts than the proposed project.

“Primary association area” means the area used on a regular basis by, or is in close association with, or is necessary for the proper functioning of the habitat of a critical species. “Regular basis” means that the habitat area is normally or usually known to contain a critical species, or based on known habitat requirements of the species, the area is likely to contain the critical species. Regular basis is species- and population-dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat types.

“Priority habitats” means seasonal range or habitat element with which a given species is primarily associated and which, if altered, may reduce survival potential of that species over the long term. These may include habitat areas of:

A. High relative density or species richness;

B. Breeding habitat;

C. Winter range and movement corridors;

D. Limited availability; or

E. High vulnerability to alteration.

“Priority species” means plant or animal species which are of concern due to their population status and sensitivity to habitat alteration. Priority species include those which are listed by the state as endangered, threatened or sensitive as well as other species of concern and game species.

“Project area” means all areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum.

“Protection” (preservation) means removing a threat to, or preventing the decline of, conditions by an action in or near a critical area or buffer.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject 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, engineering, environmental studies, fisheries, geomorphology or a related field, and a minimum of two years of related work experience.

A. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.

B. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.

C. A qualified professional for critical aquifer recharge areas must be a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.

“Rare, threatened or endangered species” means plant or animal species that are regionally relatively uncommon, are nearing endangered status or whose existence is in immediate jeopardy and that are usually restricted to highly specific habitats.

“Reasonable 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.

“Reasonable use” means alternatives to the proposal which will result in minimum feasible alteration or impairment of the functional characteristics including contours, vegetation, fish and wildlife resources, ground water and hydrological conditions.

“Recessional outwash geologic unit” means sand and gravel materials deposited by melt-water streams from receding glaciers.

“Recharge” means the process involved in the absorption and addition of water to ground water.

“Reclaimed water” means municipal wastewater effluent that has been adequately and reliably treated so that it is suitable for beneficial use. Following treatment it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the State Departments of Ecology and Health).

“Recreation” means the refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife through nature walks, wildlife observation, fishing and hiking.

“Regulated activities” means any act which would destroy natural vegetation; result in significant change in water temperature, physical or chemical characteristics; substantially alter existing patterns of tidal flow; obstruct the flow of sediment or alter the natural contours of a site.

“Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.

“Restoration” means measures taken to restore an altered or damaged natural feature including:

A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.

“Rills” are steep-sided channels resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover.

“Riparian habitat” means wetland habitat bordering a stream which is occasionally flooded and periodically supports predominantly hydrophytes.

“Scrub-shrub wetland” means a wetland with at least 30 percent of its surface area covered with woody vegetation less than 20 feet in height.

“Seeps” means a spot where water oozes from the earth, often forming the source of a small stream.

“Seismic hazard areas” means areas that, due to a combination of soil and ground water conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow ground water table and are typically located on the floors of river valleys. Geologic material is weighted most heavily in the following classification of seismic risk:

A. Class I – High. All areas with lands designated as alluvium and recessional outwash surficial geologic units (as identified in Groundwater Occurrence and Stratigraphy of Unconsolidated Deposits, Central Pierce County, WA, Water Supply Bulletin No. 22, Plates One and Two, U.S. Department of the Interior, Geological Survey, Water Resources Division), or high risk slopes.

B. Class H – Low. All other sites with a lower risk geological classification.

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

“Sheetwash” means overland flow of water in thin sheets.

“Shorelands or shoreland areas” are those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 90.58 RCW.

Shoreline Environmental Designation. There is one shoreline environment defined and designated to exist on the shorelines within the city. This shoreline environmental designation is defined as rural-residential. The rural-residential designation is designed to ensure medium intensity residential, commercial and multifamily development and to allow for a natural transitional area between the highly intensified land use of urban areas and the surrounding minimal agricultural uses, recreational uses and open space found in the rural environment.

“Shorelines” means all the water areas, including the streams, lakes, and ponds of the city including Surprise Lake and its associated wetlands, together with the lands underlying it.

“Shorelines of statewide significance” are those areas defined in RCW 90.58.030(2)(e).

“Shorelines of the city” means the total of all “shorelines” and “shorelines of statewide significance” within the city.

“Shorelines of the state” are the total of all “shorelines,” as defined in RCW 90.58.030(2)(d), and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030(2)(c).

“Significant portion of its range” means that portion of a species’ range likely to be essential to the long-term survival of the population in Washington.

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

“Sludge” means a semisolid substance consisting of settled solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or system or other sources, including septage sludge, sewage sludge, or industrial sludge.

“Sludge land application site” means a site where stabilized sludge, septage, and other organic wastes are applied to the surface of the land in accordance with established agronomic rates for fertilization or soil conditioning.

“Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles and parts thereof, discarded commodities and any other discarded materials which may be deemed to be worthless for any use or purpose.

“Special protection areas” are aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to:

A. Ground waters that support an ecological system requiring more stringent criteria than drinking water standards;

B. Ground water recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and

C. Sole source aquifer status.

“Species, endangered” means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.

“Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species.

“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.

“Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.

“Stockpiling of materials” means the accumulation and storage of raw materials, equipment, apparatus and/or supplies by an individual, business or organization. Stockpiling of materials as a primary use activity is subject to all applicable shoreline permits. Stockpiling of materials as a secondary use activity pursuant to a valid shoreline permit is considered a permitted use activity.

“Stream corridor” means perennial, intermittent or ephemeral waters included within a channel of land, and its adjacent riparian zones, which serve as a transitional zone between the aquatic and terrestrial upland ecosystems.

“Streams” means those areas where surface waters flow sufficiently 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.

“Swamp” means wetlands where the dominant vegetation is composed of woody plants and trees.

“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration.

“Transitional zones” means an area of land adjacent to a sensitive ecosystem which serves as an integral component of that ecosystem and can help to minimize or reduce the impacts to the ecosystem.

“Unavoidable and necessary impacts” means impacts to regulated streams or wetlands and their associated buffer zones that will remain after it has been demonstrated that no practicable alternatives exist.

“Underground utilities” means services which produce and carry electric power, gas, sewage, communications, oil, water and storm drains below the surface of the ground.

“Upland” means landward of the ordinary high water mark.

“Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, communications and sanitary sewers.

“Vadose zone” means the zone between land surface and the water table within which the moisture content is less than saturation (except in the capillary fringe) and pressure is less than atmospheric.

“Volcanic hazard areas” are areas that are subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from volcanic activity.

“Vulnerability” means the combined effect of susceptibility to contamination and the presence of potential contaminants.

“Water-dependent activity” means activity or use that requires the use of surface water to fulfill the basic purpose of the proposed project.

“Water-dependent use” means a use which cannot logically exist in any other location but on the shoreline and is dependent on the water by reason of the intrinsic nature of its operation. Examples would include, but not be limited to, the following:

A. Marinas and boat launch facilities;

B. Dockside fishing facilities;

C. Moorage facilities – permanent/transient.

“Water-related use” means a use which is not intrinsically dependent on a waterfront location but whose location on or near the waterfront will either facilitate its operation or will provide increased opportunity for general public use and enjoyment of shorelines and shoreline areas. Examples would include, but not be limited to, the following:

A. Commercial. Other commercial uses which provide increased opportunity for general public use and enjoyment of shorelines and shoreline areas.

B. Marine Recreation.

1. View and observation areas;

2. Trails and pathways;

3. Clubhouses, meeting areas and related uses.

C. Marine-related educational or scientific uses.

“Water table” means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.

“Watercourse” means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state including areas in which fish may spawn, reside, or through which they may pass, and tributary waters with defined beds or banks, which influence the quality of fish habitat downstream. This includes watercourses that flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse, whether or not the water is at peak level. This definition does not include irrigation ditches, canals, storm water run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

“Well” means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.

“Wellhead protection area (WHPA)” means the portion of a zone of contribution for a well, wellfield or spring, as defined using criteria established by the State Department of Ecology.

“Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this chapter. “Wetland edge” also means a line dividing uplands from water habitat. The line can be identified through procedures in the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands by examining the presence or absence of aquatic plants (hydrophytes), hydric soils and/or water table at or near the surface.

“Wetlands” are those 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 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. For identifying and delineating a wetland, local government shall use the Washington State Wetland Identification and Delineation Manual.

Wetlands.

A. “Regulatory wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include small lakes, ponds, streams, 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, farm ponds and landscape amenities if routinely maintained for those purposes. The applicant shall bear the burden of proving that the site was not previously wetlands. However, wetlands do include those artificial wetlands intentionally created to mitigate conversion of wetlands.

B. For inventory, incentives and nonregulatory purposes, wetlands are those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes:

1. At least periodically, the land supports predominantly hydrophytes;

2. The substrate is predominately un-drained hydric soil; or

3. The substrate is nonsoil, is saturated with water, or covered by shallow water at some time during the growing season of the year.

“Wetlands biologist” means a person who has earned a degree in biological sciences from an accredited college or university and has demonstrated experience in delineating wetland boundaries, analyzing wetland functions and values, and has experience in developing wetland mitigation plans. A professional person who has had equivalent education and training or with equivalent experience may also qualify as a wetlands biologist for the purpose of performing wetland delineations, analysis of functions and values and determination of possible mitigation subject to the approval of the land use administrator.

“Zone of contribution” means the area surrounding a well or spring that encompasses all areas or features that supply ground water recharge to the well or spring. (Ord. 1865 § 5, 2015; Ord. 1671 § 4, 2006).

Chapter 18.06DEFINITIONS

18.06.010 Purpose of this chapter and adoption by reference.

18.06.020 Definitions.

Chapter 18.06
DEFINITIONS