Chapter 18S.70
APPENDICES Revised 3/20 Amended Ord. 2020-49

A.    Definitions, Acronyms and Abbreviations.

B.    Farm Management Plan Requirements.

C.    Aquaculture Application Requirements. Revised 3/20 Amended Ord. 2020-49

D.    Commercial, Civic and Industrial Application Requirements.

E.    Pierce County Shoreline Jurisdiction Descriptions.

F.    Shoreline Environment Designation Maps.

G.    Parks and Public Access Maps.

H.    Shoreline Environment Township Atlas.

I.    Waterfront Titles in the State of Washington.

Chapter 18S.70 – Appendix A Definitions, Acronyms and Abbreviations

A.    Appendix A provides definitions for the terms used in this Title that are not defined in Chapter 18.25 PCC of the Development Policies and Regulations.

B.    The terms defined in Appendix A apply to all of Title 18S PCC, Development Policies and Regulations – Shorelines. Definitions for terms that appear in both this Title and one or more other Titles in the Title 18 series are found in Chapter 18.25 PCC. In instances where a specific term has one definition in Chapter 18.25 PCC and a different definition appears in Appendix A, the definition that appears in Appendix A shall apply throughout this Title.

Unless the context clearly indicates otherwise, words in the present tense can include the future tense, and words in the singular can include the plural, or vice versa. Any word or phrase not listed in Appendix A or in Chapter 18.25 PCC shall be defined from of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available then source number two may be used, and so on. The sources are as follows:

1.    The most applicable RCW;

2.    The most applicable WAC;

3.    Any term defined by Washington State case law;

4.    Other applicable Chapter(s) of the PCC; and

5.    Webster's Dictionary, or if the term is technical in nature, other applicable scientific, technical, or professional manuals.

"Adaptive Management" means a process that acknowledges the need to modify current management actions when warranted by new information.

"Agricultural Activities" means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow, in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.

"Agricultural Equipment" and "agricultural facilities" includes, but is not limited to: (1) The following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, taps, canals, ditches, and drains; (2) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (3) farm residences and associated equipment, lands, and facilities; and (4) roadside stands and on-farm markets for marketing fruit or vegetables.

"Agricultural Land" means those specific land areas on which agriculture activities are conducted.

"Agricultural Products" includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products.

"Agriculture – Low Intensity" means: (1) Crop production activities with minimal potential to adversely affect soil productivity and water resources, such as: non-chemical weed and pest control, crop rotation, conservation tillage, and drip irrigation. (2) Livestock rearing at or below 1,000 pounds of animal per acre of managed pasture that adhere to pasture management practices such as: rotational and strip grazing, the use of sacrifice areas, and pasture seeding and fertilization based upon soil.

"Appurtenance," see "Normal Appurtenance."

"Aquaculture" means 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 managed wildstock geoduck fishery.

"Average Grade Level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.

"Boathouse" means any building utilized for the storage of watercraft and related equipment. For purposes of this Title, the term boathouse shall not mean a watercraft, vessel, or residence.

"Buoy" means a floating mooring point or warning marker anchored offshore.

"Channelization" means the straightening, deepening, or widening of a stream channel.

"Civic" means use types including educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance.

"Commercial" means developments involved in wholesale and retail trade or business activities.

"Community Recreational" means water access facilities which are utilized in common by residents of a subdivision.

"Constricted Body" means an area of a water body where the width at the entrance is less than half the distance from the entrance to the innermost shore.

"Covered Moorage" means any covered facility, with or without walls, utilized for the storage of watercraft and located waterward of the ordinary high water mark (OHWM).

"Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any 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 of the waters overlying lands subject to the Act at any state of water level. "Development" does not include dismantling or removing structures if there is no other associated development or redevelopment. (Note: This definition intentionally differs from the definition for "Development" found in Chapter 18.25 PCC.)

"Dock" means a floating or non-floating mooring platform that connects with the OHWM.

"Dredging" means the removal of material from the bottom of a water body.

"Ecological Function" or "Shoreline Function" means 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. See WAC 173-26-020(13).

"Fair Market Value" means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.

"Feasible" means that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: (1) 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; (2) The action provides a reasonable likelihood of achieving its intended purpose; and (3) The action does not physically preclude achieving the project's primary intended legal use.

"Fetch" means the distance across a body of water measured in a straight line from the most waterward point along the ordinary high water line or legally established bulkhead on a given stretch of shore to the closest point on the ordinary high water line or legally established bulkhead on a separate stretch of the shore.

"Fill" means 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.

"Finfish" means a vertebrate organism of the classes Osteichthyes, Agnatha, or Chondrichthyes possessing a bony and/or cartilaginous inner skeleton, including all stages of development and the bodily parts of the fish (RCW 77.08.22). Examples include but are not limited to salmon, ling cod, rock fish, halibut, sole, sablefish, perch, pollock, whiting, tilapia, carp, lamprey, sturgeon, sharks, skates, and rays.

"Finfish aquaculture" means the farming or culture of vertebrate or cartilaginous food fish for market sale when raised in facilities located in saltwater water bodies, in either open-flow or contained systems. This includes net pens, sea cages, bag cages and similar floating/hanging containment structure and is intended to reflect the definition of "marine finfish rearing facilities" (RCW 90.48.220), but does not include temporary restoration/enhancement facilities used expressly to improve populations of native stocks and that meet the definition of "watershed restoration project" per RCW 89.08.460.

"Float" means a mooring platform on water located off shore and held in place by anchors, buoys, or piling. They are not meant to lift vessels.

"Floating home" means a single-family dwelling unit constructed on a float that is moored, anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being towed.

"Floating on-water residence" means any floating structure other than a floating home: (1) That is designed or used primarily as a residence on the water and has detachable utilities; and (2) Whose owner or primary occupant has held an ownership interest in space in a marina, or has held a lease or sublease to use space in a marina, since a date prior to July 1, 2014.

"Floodway" means the area as identified in the Master Program that has been established as floodway in federal emergency management agency flood insurance rate maps adopted by Pierce County. "The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state." (RCW 90.58.030(2)(b))

"Frosting" means the addition of gravel or shell to the substrate to make it more suitable for aquaculture.

"Hard Shoreline Stabilization" means methods that include but are not limited to bulkheads, levees, gabions, seawalls, revetments, jetties, groins, weirs, and breakwaters. Hard methods involve the placement of materials that are arranged so as to create hard surfaces that deflect hydraulic energy.

"Height" of a structure means the distance measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines; provided further that, temporary construction equipment is excluded from this calculation.

"In-stream structure" means a 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.

"Launching Ramp" means a boating facility utilized for launching and retrieving vessels.

"Lift" means a facility designed to lift a vessel in and out of the water (such as a davit, floating lift, non-floating lift, drive-on float, or grid). A lift is often attached to something else such as a bulkhead, dock, or buoy.

"Liveaboard" means a vessel used as a dwelling unit for more than 30 days in any 45-day period or more than 90 days in a year.

"Low Intensity Agriculture" see the "Agriculture – Low Intensity" definition.

"Marina" means a commercial boating facility providing wet or dry storage for watercraft, and providing other services to tenants and other boaters. Services may include repair, sales, rentals, tackle shops, fueling, launching, administration facilities, charters, food, and sewage disposal.

"Marine" means pertaining to tidally-influenced waters of Puget Sound.

"Mining" means the extraction of sand, gravel, soil, minerals, and other naturally-occurring material with a primary purpose of obtaining the material for commercial and other uses.

"Mooring Piling" means a non-floating mooring point located off-shore consisting of a pole or group of poles embedded in the bed of the water body and extending above the water's surface.

"Natural or Existing Topography" means the topography of the lot, parcel, or tract of real property prior to any site preparation or grading, including excavation or filling.

"No Net Loss" means that the ecological functions of the shoreline will not be reduced as a result of discrete or cumulative development activities.

"Normal Appurtenance" means a feature, development, activity, or structure necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark.

"Pier" means a structure which abuts the OHWM and is built over the water on piling and is used as a landing or moorage place for vessels or for recreational purposes.

"Port" means a center for providing services and facilities for the transfer of commodities to and from vehicles (water, air, or land) of commerce.

"Public Recreational" means a publicly or privately owned and maintained water access facility for use by the general public.

"Railway" means non-floating tracks with a cradle and winch system utilized for launching and retrieving vessels.

"Ramp" means a non-floating surface, located at or near grade, utilized for launching/retrieving vessels.

"Recreation" means the refreshment of body and mind through forms of play, amusement or relaxation, including publicly and privately-owned facilities intended for use either by the public or a private club, group, association, or a facility constructed accessory to a multi-family residential development.

"Residential Development" means the development of dwelling units and the creation of new residential lots through the land division process.

"River Delta" means those lands formed as an aggradational feature by stratified clay, silt, sand, and gravel deposited at the mouths of streams where they enter a quieter body of water. The upstream extent of a river delta is that limit where it no longer forms distributary channels.

"Road/Roadway" means an open private or public way for the passage of motor vehicles that, where appropriate, may include pedestrian, equestrian, and bicycle facilities. Elements of a road/roadway typically include but are not limited to traveled way, sidewalks, curbing, paths, walkways, shoulders, ditches, culverts, conveyance piping, retaining walls, and slopes necessary for structural stability.

"Sacrifice Area" means an enclosure, such as a paddock, corral, or pen, used to confine livestock during the winter and early spring when soils within the pasture are saturated.

"Shall" means a mandate and the action is required.

"Shoreline Function" – See "Ecological Function"

"Shoreline Modifications" are 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 shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

"Shoreline Stabilization" means structural and nonstructural methods to address erosion impacts to property and dwellings, business or structures caused by natural processes such as current, flood, tides, wind or wave action. A shoreline stabilization structure at or near, and parallel to, the ordinary high water mark that comes in contact with water is defined as a bulkhead. A structure located landward of the ordinary high water mark that does not come into contact with the water and is erected between lands of different elevations which is used to resist the lateral displacement of any material is defined as a retaining wall.

"Shorelines" means the total of all "shorelines of the state" as defined in RCW 90.58.030(g) that occur in unincorporated Pierce County. For the purposes of this Title, these include all waters and associated lands described in PCC 18S.10.030 A.

"Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on a policy of the Shoreline Management Act and this Title, for not taking the action.

"Structure" means 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 for vessels.

"Substantial Development" means any development of which the total cost or fair market value exceeds the amount set pursuant to RCW 90.58.030(3)(e), or any development which materially interferes with the normal public use of the water or shorelines of the state.

"Transportation Facilities of Statewide Significance" means highways of statewide significance as designated by the legislature under Chapter 47.05 RCW, the interstate highway system, interregional state principal arterials including ferry connections that serve statewide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal terminals excluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, key freight transportation corridors serving these marine port facilities, and high capacity transportation systems serving regions as defined in RCW 81.104.015.

"Vessel" means ships, boats, barges, or any other floating craft which are designed and used for navigation, and do not interfere with the normal public use of the water.

"Water-Dependent" means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.

"Water-Enjoyment" means 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.

"Water-Oriented" means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

"Water Quality" means the chemical, physical, hydrological, aesthetic, recreation-related, and biological characteristics of water.

"Water-Related" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: (1) 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 (2) 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.

Acronyms and Abbreviations:

WDFW

Washington Department of Fish and Wildlife

Ecology

Washington State Department of Ecology

eFOTG

Electronic Field Office Technical Guide

LID

Low Impact Development

MLLW

Mean Lower Low Water

NRCS

Natural Resources Conservation Service

OHWM

Ordinary High Water Mark

PALS

Planning and Land Services

PCC

Pierce County Code

RCW

Revised Code of Washington

SED

Shoreline Environment Designation

SEPA

State Environmental Policy Act

Act

Shoreline Management Act

Master Program

Pierce County Shoreline Master Program

SSHB

State Shorelines Hearing Board

WAC

Washington Administrative Code

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix B Farm Management Plan Requirements

A.    The Farm Plan shall apply to all portions of the site within which agricultural activities are proposed to occur and shall include the following items:

1.    The plan shall be prepared by:

a.    An individual possessing a Bachelors or advanced degree in Agronomy or Agriculture, by the Pierce Conservation District or Natural Resources Conservation District; or

b.    An individual certified or approved by either Conservation District entity.

2.    Discussion of agriculture proposed, including but not limited to: its level of intensity; the type of animals or crops; other uses such as paddocks, barns, and mechanical equipment. If the agriculture proposed is described as Lower Intensity, the plan must justify that description. Include as applicable a discussion of any proposed: clearing, irrigation work, water conveyance and management activities, fencing, conservation cover plans, winter confinement plans, and nutrient management plan. Include a nutrient balance sheet if manure is to be applied to, or allowed to remain within, the project site.

3.    Site map identifying:

a.    Topography (identify steep slopes);

b.    The location of any critical areas as defined in Title 18E PCC;

c.    Identification of bare ground, pasture (including grass types);

d.    Identification of trees and shrubs (native species, health condition);

e.    Soils mapping;

f.    Grazing area locations;

g.    Pasture and hay planting location; and

h.    The location of grass buffer strips, field borders, hedgerows, windbreaks, shelterbelts.

4.    Discussion of soils including:

a.    Soil type and condition;

b.    Recommended nutrient management plan; and

c.    Recommended composting area.

5.    Site management recommendations Section shall:

a.    Address potential impacts to water quality.

b.    Demonstrate that the number of livestock and small animals proposed can be sustained. This may be shown through such actions as pasture renovation, weed management techniques, creation of sacrifice areas, and cross fencing.

c.    Discuss any critical area reviews completed or ongoing within the property.

d.    Be consistent with the requirements of this Title and the recommendations provided within the National Resource Conservation Service (NRCS) electronic Field Office Technical Guide (eFOTG) for Pierce County, Section IV, Washington Conservation Practices at: http://www.wa.nrcs.usda.gov. Where recommendations of eFOTG conflict with those of this Title, the more conservative requirement shall apply.

(Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix C Aquaculture Application RequirementsRevised 3/20 Amended Ord. 2020-49

Applications for aquaculture use or development shall include all information necessary to conduct a thorough evaluation of the proposed aquaculture activity. Information required of all applicants shall include a Site Plan, a Description of the Project, a Baseline Information Study, an Assessment of Impacts, and documentation of property ownership or of owner permission to conduct activities. Applicants proposing more complex projects may be required to provide an expanded list of information. The results of the Baseline Information Study and Assessment of Impacts shall be used to determine monitoring requirements.

A.    Site Plan.

1.    A site plan including:

a.    A depiction of the boundaries of the farm area, accurate to within three feet. At its discretion, the County may require traditional survey methods or allow GPS methodology;

b.    Existing bathymetry depths based on Mean Lower Low Water (MLLW datum);

c.    A general depiction of adjacent land uses including the presence of structures, docks, bulkheads, and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum);

d.    Location of any proposed equipment or structures (e.g., buoys, tubes, stakes, racks, protective netting, processing, or storage buildings);

e.    Location of any areas of shoreline modification (e.g., grading, frosting, removal of rocks, and other shoreline elements);

f.    Proposed access locations; and

g.    The location of any easements.

B.    Description of Proposal.

1.    A detailed narrative description of the project proposal discussing the following:

a.    Species to be reared.

b.    Substrate modification or vegetation removal (also to be shown on the site plan).

c.    Planting, harvest, and processing methods, hours of operation, timing and phasing.

d.    Summary of equipment and structures required.

e.    A proposed schedule for the installation and removal of structures such as tubes and netting.

f.    A description of how tubes, nets, bands and other equipment and structures will be prevented from escaping from the site during the life of the operation.

g.    A description of how adjoining landowners will be informed of the proposed farm activities (site preparation, planting, maintenance, harvest).

h.    A discussion of how aquaculture activities will be compatible with zoning classification, shoreline environment designation, and surrounding uses.

i.    A discussion of any public opportunities for gathering wild stock aquatic resources on public tidelands or bedlands.

j.    A list of any feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals, and an assessment of predicted impacts. The applicant is responsible for obtaining all appropriate approvals and shall provide copies to the County upon request.

k.    Number of employees or workers necessary for the project, including average and peak employment.

l.    Methods of waste disposal and predator control.

C.    Baseline Information. A qualified independent third party professional with specific experience in aquaculture or in marine or freshwater studies, as applicable to the specific aquaculture proposal, shall be retained to provide a review of baseline ecological conditions. Experience may be demonstrated through professional credentials and/or certification or applicable education from a recognized university.

1.    The standard level of baseline information shall include a description of:

a.    Tidal variations;

b.    Prevailing wind direction;

c.    Substrate (pebbles, cobble, sand, mud, clay, e.g.) in order to demonstrate that the site has the necessary substrate for the type(s) of aquaculture proposed; and

d.    Upland vegetation types, regulated species or habitat conservation areas present. All reviews for eelgrass, macroalgae, and forage fish spawning and holding areas must conform to the most current Washington Department of Fish and Wildlife (WDFW) protocols.

D.    Cumulative Impact Analysis – Expanded Information Requirements.

1.    Applicants proposing more complex projects, such as multi-species farms; farms on shorelines of statewide significance; farms that have the potential to harm habitat, community recreational use or significant degradation of views and aesthetic values; farms within low-energy shoreline areas including but not limited to bays, coves, and areas situated adjacent to identified critical areas; farms proposed in areas adjacent to existing aquaculture activities; or when the proposal is the first of its kind in the area shall be required to provide additional baseline information, which may include:

a.    Aquatic and benthic organism diversity and abundance;

b.    Sediment compaction;

c.    Littoral drift estimates;

d.    Current flow data;

e.    Water quality; and

f.    An analysis of flushing rates may be required of projects within enclosed water bodies;

g.    An analysis of the impacts of farms within enclosed waterbodies or within the vicinity of the proposal; and

h.    An analysis of visual and aesthetic impacts of farms proposed adjacent to Residential SEDs.

E.    Monitoring Plan Necessary to Ensure Compliance with a Shoreline Permit Application.

1.    A monitoring plan shall be developed that includes performance standards that are specific to the aquaculture proposal and the results of the baseline review of the proposed farm site.

2.    The monitoring plan shall be prepared by a qualified independent third party professional to determine compliance with the established performance standards or conditions of the shoreline permit.

a.    The County will establish a monitoring schedule as a condition of each permit approval. Performance standards, monitoring protocols and contingencies shall be included in the monitoring plan. Performance standards will generally be met by demonstrating that no consistent adverse changes occur over the course of multiple harvest activities. The results of the operational monitoring may trigger a range of actions, including, but not limited to, changes to:

(1)    The allowable size of the operation;

(2)    The planting schedule; and

(3)    The width of required buffers or setbacks.

b.    The duration and frequency of monitoring will be unique to each proposal; however, in general, monitoring shall occur in conjunction with bed preparation and harvest activities and for a period of time sufficient to verify compliance with performance standards. Duration and frequency shall be reduced when the applicant demonstrates that, relative to their proposal, these activities, whether singly or in combination, do not serve as a potential stressor to the following functional attributes of the intertidal zone: reduction in forage fish habitat, alteration to benthic community structure, reduction in forage availability and migration habitat, or reduction in water quality.

c.    Monitoring frequency should be commensurate with the complexity and intensity of the aquaculture method(s) utilized and the sensitivity of the shoreline.

F.    Assessment of Impacts. This Section shall be based upon the results of the baseline conditions study. This shall be accompanied by a discussion of avoidance, minimization, and mitigation actions proposed. Potential impacts that shall be discussed include: impacts to regulated critical areas and species, loss of benthic biotic diversity, increase in pollutant loading, alteration to nearshore sediment composition or transport processes, decrease in water quality.

G.    Financial Guarantee. The applicant/property owner must obtain a bond or financial guarantee in the amount of $1.00 per tube placed. This is to ensure that all aquaculture equipment, specifically the tubes, netting and net securing devices, will be completely removed from the site in accordance with the timelines found within the tube placement and removal schedule.

(Ord. 2019-59 § 1 (part), 2019; Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix D Commercial, Civic and Industrial Application Requirements

A.    A Commercial, Civic and Industrial Master Plan is required for all commercial and industrial use applications. The Master Plan shall include the following information:

1.    Identification of a range of uses that will be or may be located in the master plan area.

2.    Identification of specific standards including but not limited to setbacks, buffers, and building height.

3.    Infrastructure and services plan including but not limited to waterward navigation, landward access, utilities, emergency services and storm drainage.

4.    Parking areas are located outside of shorelines when feasible; or, when a location outside of shorelines is not feasible, they are in one central area shared by the entire industrial or port development or are designed in a manner that avoids or minimizes additional impervious surfaces and other deleterious effects on the shorelines.

5.    Number of employees proposed to be employed within the master plan area.

6.    Hours of operation for the master plan area, including identification of those uses that will operate between 9 p.m. and 6 a.m., and the noise, light, and other impacts of those specific facilities during those hours.

7.    Identification of areas for any future expansion both landward and waterward of the ordinary high water mark (OHWM).

8.    A phasing plan and expected build-out period for the project and its phases.

9.    Landscape buffering plans adjacent to surrounding uses and the shore.

10.    Mitigation and restoration plans for all identified impacts to the shoreline, which may include off-site restoration or mitigation.

11.    Plans for the containment and handling of all hazardous materials, including:

a.    Identification of all hazardous materials to be stored at, imported to, exported from, used or generated on the site; and

b.    Emergency containment and clean-up plan prepared by a qualified professional.

12.    Additional studies to address other impacts as appropriate.

(Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix E Pierce County Shoreline Jurisdiction Descriptions

WRIA 10 (Puyallup/White Rivers)

Marine

1.    Browns Point/Dash Point

a.    All Marine Waters from King County south to the City of Tacoma.

Freshwater (Rivers and Creeks described from downstream to upstream terminus)

1.    Bear Creek

a.    South of Voight Creek until approximately rivermile 0.64.

2.    Canyon Creek Two

a.    South of White River until approximately rivermile 0.37.

3.    Carbon River

a.    South of the Puyallup River until the city of Orting at approximately rivermile 0.74.

b.    Continuing south on only the east bank until the City of Orting at approximately rivermile 2.

c.    Continuing south of the City of Orting on both banks at approximately rivermile 2.2 until the City of Orting at approximately milepost 2.32.

d.    Continuing on only the north bank until rivermile 3.4.

e.    Continuing on both banks until the confluence of South Prairie Creek at rivermile 5.8.

f.    Continuing east and south until Mount Rainier National Park at approximately rivermile 23.72.

g.    Continuing north and east of Mount Rainier National Park at approximately rivermile 24.32 until Mount Rainier National Park at approximately milepost 27.28.

4.    Cayada Creek

a.    North and east of Carbon River until approximately rivermile 1.76.

5.    Chenuis Creek

a.    North and east from Carbon River within Mount Rainier National Park. Begins North of Mount Rainier National Park at approximately rivermile 0.44 until it ends at Mount Rainier National Park at approximately rivermile 5.

6.    Clarks Creek

a.    South of Puyallup River (RM 5.8) until the City of Puyallup at approximately rivermile 2.03.

b.    Continuing on only the north bank until the City of Puyallup at approximately rivermile 2.3.

7.    Clearwater River

a.    South of the White River (RM 35.3) until approximately rivermile 9.48.

8.    Deer Creek

a.    South of the Puyallup River (RM 45.7) until approximately rivermile 4.23.

9.    East Fork South Prairie Creek

a.    East at the confluence of South Prairie Creek and South Fork South Prairie Creek until approximately rivermile 3.46.

10.    Eleanor Creek

a.    West and south of Huckleberry Creek (RM 3.2) until approximately rivermile 0.75.

11.    Evans Creek

a.    South of the Carbon River (RM 18.4) until approximately rivermile 5.73.

12.    Fennel Creek

a.    South and east of Puyallup River (RM 15.5) until approximately rivermile 2.57.

13.    Gale Creek

a.    South of Wilkeson Creek until approximately rivermile 4.88.

14.    George Creek

a.    South of Greenwater River until approximately rivermile 1.4.

15.    Goat Creek

a.    East of Silver Creek until approximately rivermile 5.62.

16.    Greenwater River

a.    South and east of White River (RM 46) on south and west bank only until the confluence with Meadow Creek at approximately rivermile 14.53.

b.    Continuing south on both banks until Hidden Lake at approximately rivermile 21.54.

17.    Huckleberry Creek

a.    South of White River (RM 53.1) until Mount Rainier National Park at approximately rivermile 7.3.

18.    Hylebos Creek

a.    South and east of the City of Fife on only the east bank at approximately rivermile 0.54 until the City of Fife at approximately milepost 0.63.

b.    Continuing south of the City of Fife at approximately rivermile 0.93 until the City of Fife at approximately rivermile 1.09.

c.    Continuing south of the City of Fife at approximately rivermile 1.19 until the City of Milton at approximately rivermile 1.75.

d.    Continuing north on only the east bank until approximately rivermile 1.93 until the City of Milton at approximately rivermile 2.08.

19.    Kapowsin Creek

a.    North of Kapowsin Lake to Puyallup River (RM 26).

20.    Kings Creek

a.    Northeast of Puyallup River until approximately rivermile 0.42.

21.    Lost Creek – Greenwater

a.    South of Greenwater River until Lost Lake at approximately rivermile 2.63.

22.    Lost Creek – Huckleberry

a.    East of Huckleberry Creek until approximately rivermile 0.49.

23.    Maggie Creek

a.    Northeast of Greenwater River until approximately rivermile 0.52.

24.    Meadow Creek

a.    East of the Mowich River until Mount Rainier National Park at approximately rivermile 1.2.

25.    Milky Creek

a.    Southeast of Clearwater River until approximately rivermile 1.61.

26.    Mowich River

a.    East and north of Puyallup River until Mount Rainier National Park at approximately rivermile 6.7.

27.    Neisson Creek

a.    South of Puyallup River until approximately rivermile 2.0.

28.    North Puyallup River

a.    From the confluence of the Puyallup River and South Puyallup River until Mount Rainier National Park at approximately rivermile 0.20.

29.    Ohop Creek – Kapowsin

a.    South and east of Kapowsin Lake until approximately rivermile 3.76.

30.    Page Creek

a.    North and east of South Prairie Creek until approximately rivermile 0.80.

31.    Pinochle Creek

a.    From West Fork White River to the confluence of Viola Creek at approximately rivermile 1.1.

32.    Puyallup River

a.    Starting East of City of Tacoma and south of the City of Fife at rivermile 2.6. Continuing on only the south bank to the City of Puyallup and the City of Fife at approximately rivermile 6.78.

b.    North bank only east of the City of Fife at approximately rivermile 6.85. Continuing on the north shore until the boundary of the City of Puyallup at approximately rivermile 7.13.

c.    North bank only east of the city of Puyallup at approximately rivermile 8.4. Continuing east and south only on the north bank until confluence with the White River at approximately rivermile 10.2.

d.    Continuing south between the Cities of Puyallup and Sumner until approximately milepost 10.73.

e.    Continuing southeast of rivermile 10.73 on the south bank only until the city of Sumner at approximately rivermile 11.

f.    Continuing southeast of the City of Sumner on the south bank only at approximately milepost 11.06. Continuing south and east on the south bank only until approximately rivermile 12.03.

g.    Continuing on both banks until the confluence of the Carbon River at rivermile 17.4.

h.    Continuing on both banks until the City of Orting at approximately rivermile 19.45.

i.    Continuing on the south and west banks only until the City of Orting at approximately rivermile 21.3.

j.    South from the City of Orting at rivermile 22.5 on both banks until the fork of the North and South Puyallup Rivers at approximately rivermile 46.1.

33.    Rushing Water Creek

a.    East of Mowich River until approximately rivermile 3.37.

34.    Saint Andrews Creek

a.    Southeast of South Puyallup River to Mount Rainier National Park at approximately rivermile 0.26.

35.    Silver Creek

a.    East and south of White River until approximately rivermile 5.58.

36.    South Fork South Prairie Creek

a.    Southeast of the confluence of the South Prairie Creek and East Fork South Prairie Creek until approximately rivermile 2.69.

37.    South Prairie Creek

a.    Northeast of Carbon River (RM 5.8) until the Town of South Prairie at approximately rivermile 5.61.

b.    Continuing east on only the north bank until the Town of South Prairie until approximately rivermile 5.93.

c.    Continuing east of the Town of South Prairie at approximately rivermile 6.38 until the fork of South Fork South Prairie Creek and East Fork South Prairie Creek at approximately rivermile 17.92.

38.    South Puyallup River

a.    From the confluence of the Puyallup River and North Puyallup River until Mount Rainier National Park at approximately rivermile 3.62.

39.    Tolmie Creek

a.    South of Carbon River until approximately rivermile 1.75.

40.    Twenty-Eight Mile Creek

a.    South of White River until approximately rivermile 2.98.

41.    Unnamed Tributary of Puyallup River

a.    South of Puyallup River until approximately rivermile 0.42.

42.    Unnamed Tributary of South Puyallup River

a.    Southwest of South Puyallup River until approximately rivermile 1.04.

43.    Viola Creek

a.    South and west of Pinochle Creek until approximately rivermile 1.73.

44.    Voight Creek

a.    Southeast of Carbon River until approximately rivermile 15.95.

45.    West Fork White River

a.    Southwest of White River until Mount Rainier National Park at approximately rivermile 11.43.

46.    White River

a.    Starting at the confluence of the Puyallup River on the north bank only until the City of Sumner at approximately rivermile 0.42.

b.    Continuing north of the City of Sumner and east of the City of Pacific at approximately rivermile 4.88 until King County at rivermile 5.5.

c.    Continuing south of King County on the south and west bank only at approximately rivermile 12.08 until the City of Buckley at approximately rivermile 20.93.

d.    Continuing south and east from the City of Buckley only on the south bank at approximately rivermile 23.62 until the City of Enumclaw at approximately rivermile 24.65.

e.    Continuing southeast from the City of Enumclaw only on the south bank at approximately rivermile milepost 24.89 until Mud Mountain Lake at approximately rivermile 28.22.

f.    Continuing east of Mud Mountain Lake on the south bank only at approximately rivermile 32.8 until the confluence of the Greenwater River at approximately rivermile 44.91.

g.    Continuing on both banks south until the confluence of the West Fork White River at approximately rivermile 48.41.

h.    Continuing south until Mount Rainier National Park at approximately rivermile 61.08.

47.    Wilkeson Creek

a.    South of South Prairie Creek (RM 6.8) until the Town of Wilkeson at approximately rivermile 4.22.

b.    Continuing east only on the north bank at approximately rivermile 4.28 until the Town of Wilkeson at approximately milepost 4.53.

c.    Continuing east only on the south bank at approximately rivermile 5.28 until approximately milepost 5.61.

d.    Continuing east and south until approximately rivermile 8.69.

Lakes

1.    Echo Lake

a.    Entire lake located along the Greenwater River.

2.    Kapowsin Lake

a.    Entire lake.

3.    Lake Tapps

a.    All lake shores outside the City of Bonney Lake.

4.    Leaky Lake

a.    Entire Lake also known as Hidden Lake.

5.    Morgan Lake

a.    Entire lake.

6.    Mud Mountain Lake

a.    South shore of lake within Pierce County.

7.    Rhode Lake

a.    Entire lake.

WRIA 11 (Nisqually River)

Marine

1.    Nisqually Delta

a.    Marine waters in Pierce County and outside the City of Dupont.

b.    South to Interstate 5 and Joint Base Lewis-McChord.

Freshwater (Rivers and Creeks described from downstream to upstream terminus)

1.    Beaver Creek

a.    South and east of Mashel River (RM 9.3) until approximately rivermile 5.89.

2.    Busy Wild Creek

a.    South of Mashel River until approximately rivermile 7.56.

3.    Copper Creek

a.    North of Nisqually River until approximately rivermile 0.85.

4.    Horn Creek

East and north of Nisqually River until approximately rivermile 2.04.

5.    Little Mashel River

a.    South of Mashel River (RM 4.4) until the confluence of South Fork Little Mashel River at approximately rivermile 3.99.

6.    South Fork Little Mashel River

a.    South of Little Mashel River until approximately rivermile 0.42.

7.    Lynch Creek

a.    East of the Ohop Creek on only the north bank until approximately rivermile 0.28.

b.    Continues east on both banks until the Town of Eatonville at approximately rivermile 1.19.

c.    Continues east of the Town of Eatonville on both banks at approximately rivermile 1.64 until approximately rivermile 4.54.

8.    Mashel River

a.    North and east of the Nisqually River (RM 39.6) until the Town of Eatonville at approximately rivermile 4.66.

b.    Continues east of Town of Eatonville at approximately rivermile 4.73 until the Town of Eatonville at approximately rivermile 5.16.

c.    Continues north on only the west bank until the Town of Eatonville at approximately rivermile 5.31.

d.    Continues east on only the south bank at approximately rivermile 5.92 until the end of the Town of Eatonville at approximately rivermile 6.71.

e.    Continues east until approximately rivermile 18.94.

9.    Unnamed Tributary, Mashel River

a.    East of Mashel River until approximately rivermile 3.0.

10.    Midway Creek

a.    South of Little Mashel River until approximately rivermile 0.80.

11.    Muck Creek

a.    East of Joint Base Lewis-McChord at approximately rivermile 15.03 until approximately rivermile 17.63.

b.    Does not include downstream portion through the Town of Roy.

12.    Nisqually River (Includes only the north shore)

a.    East and south of Joint Base Lewis-McChord at approximately milepost 15.67 until Alder Lake (Alder Dam) at approximately rivermile 39.42.

b.    Continuing east of Alder Lake at approximately rivermile 46.98 until Mount Rainier National Park at approximately milepost 61.56.

c.    Includes three forks just west of Mount Rainier National Park.

13.    Ohop Creek – Nisqually

a.    Northeast of Nisqually River (RM 37.3) until the Town of Eatonville at approximately rivermile 6.58.

b.    Continues north on only the east bank until the Town of Eatonville at approximately rivermile 6.79.

c.    Continues north on only the east bank at approximately rivermile 7.02 until the end of the Town of Eatonville at approximately rivermile 7.2.

d.    Continues north on both banks until Kapowsin Lake.

14.    South Creek

a.    East of Joint Base Lewis-McChord at approximately rivermile 1.45 until approximately rivermile 9.67.

15.    Tanwax Creek

a.    Northeast of Nisqually River (RM 30.8) until approximately rivermile 8.16.

16.    Twenty-Five Mile Creek

a.    East of Ohop Creek (RM 9.9) until approximately rivermile 1.77.

Lakes

1.    Alder Lake

a.    From Alder Dam on Nisqually River at RM 39.42. On north shore only (within Pierce County).

b.    Continues upstream until approximately rivermile 46.98.

2.    Clear Lake

a.    Entire lake.

3.    Cranberry Lake

a.    Entire lake.

4.    Harts Lake

a.    Entire lake. Adjacent to Little Lake.

5.    Kreger Lake

a.    Entire lake.

6.    Little Lake

a.    Entire lake. Adjacent to Harts Lake.

7.    Muck Lake

a.    Includes portions of lake outside Joint Base Lewis-McChord and the City of Roy. Muck Creek flows in and out of Muck Lake.

8.    Mud Lake

a.    Entire lake.

9.    Ohop Lake

a.    Entire lake.

10.    Rapjohn Lake

a.    Entire lake.

11.    Silver Lake

a.    Entire lake.

12.    Tanwax Lake

a.    Entire lake.

13.    Tule Lake

a.    Entire lake.

14.    Twenty-Seven Lake

a.    Entire lake.

15.    Twin Lake

a.    Entire lake. Adjacent to Whitman Lake (south) and Benbow Lake (north, not in jurisdiction).

16.    Whitman Lake

a.    Entire lake. Adjacent to Twin Lake (north).

17.    La Grande Reservoir

a.    Includes only the east shore within Pierce County.

WRIA 12 (Chambers/Clover Creeks)

Freshwater (Rivers and Creeks described from downstream to upstream terminus)

1.    Chambers Creek

a.    Begins in Chambers Bay from approximately rivermile 0.0 and continues north along the south bank until University Place and Lakewood at approximately rivermile 0.45.

2.    Clover Creek

a.    North and east from Joint Base Lewis-McChord at approximately rivermile 4.08.

b.    Continues east and south past the North Fork Clover Creek including all branches until approximately rivermile 7.2.

3.    Spanaway Creek

a.    East and south of Clover Creek (RM 4.1) until Spanaway Lake at approximately rivermile 2.5.

Lakes

1.    American Lake

a.    Includes only that portion of lakeshore with Camp Murray National Guard Base.

2.    Spanaway Lake

a.    Entire lake.

b.    Includes wetlands south of Spanaway Loop Road S.

WRIA 15 (Kitsap Peninsula)

Marine

1.    Colvos Passage – Tacoma Narrows

a.    Includes the shoreline on the eastern side of Gig Harbor Peninsula.

b.    Extends from the northern Pierce County border in Colvos Passage, south to Fosdick Point, located at the northeast entrance to Hale Passage.

c.    Excludes the area on the south and northwest shore that is within the City of Gig Harbor.

2.    Hale Passage – Wollochet Bay

a.    Includes the shorelines of the Gig Harbor Peninsula from Point Fosdick to western Shaw Bay.

b.    Includes all of Wollochet Bay, and the north side of Fox Island (from Nearns Point to Toy Point).

3.    Carr Inlet – Henderson Bay

a.    Encompasses the south shore of Fox Island and all of Henderson Bay.

b.    Includes the west shores of Gig Harbor and the northeastern shores of Key Peninsula.

c.    Includes Raft and Cutts Islands.

4.    South Key Peninsula and Islands

a.    Encompasses the shores of six islands (McNeil, Anderson, Ketron, Eagle, Pitt and Gertrude).

b.    Also include the southeastern shores of the Key Peninsula from Southhead to Devil's Head.

5.    Case Inlet

a.    Includes the west shore of the Key Peninsula from Devil's Head to the Pierce County border and Rocky Bay.

Freshwater (Rivers described from downstream to upstream terminus)

Rivers and Creeks

1.    Minter Creek

a.    North from Minter Bay until the confluence of Huge Creek at approximately rivermile 1.56.

2.    Rocky Creek

a.    North from Rocky Bay until rivermile 0.1.

Lakes

1.    Bay Lake

a.    Entire lake located on Key Peninsula.

2.    Butterworth Reservoir

a.    Entire reservoir located on McNeil Island.

3.    Carney Lake

a.    Southern portion of the lake located within Pierce County.

4.    Florence Lake

a.    Entire lake located on Anderson Island.

5.    Jackson Lake

a.    Entire lake located on Key Peninsula.

6.    Josephine Lake

a.    Entire lake located on Anderson Island.

7.    Lake Minterwood

a.    Entire lake located on Key Peninsula.

8.    Stansberry Lake

a.    Entire lake located on Key Peninsula.

9.    Crescent Lake

a.    Entire lake located on Gig Harbor Peninsula.

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix F Shoreline Environment Designation Maps

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix G Parks and Public Access Maps

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix H Shoreline Environment Township Atlas

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)

Chapter 18S.70 – Appendix I Waterfront Titles in the State of Washington

LATERAL LINES

Another area where misconceptions abound is in the question of how property lines extend out into the tidelands or shorelands, assuming they have been conveyed by the State. These boundary lines are commonly termed "lateral lines."

Note that tidelands or shorelands are usually conveyed to the abutting upland owner, and the lateral lines in such cases would normally extend out over the submerged lands from a point on the shoreline where the upland boundary intersected. However, such submerged lands can be owned by someone other than the abutting upland owner, and the lateral lines between adjoining owners of such submerged lands may have no relationship to the boundaries of the upland parcel.

A waterfront owner is not allowed to unilaterally project the upland boundaries out into the tidelands or shorelands. To do so might deprive either that owner or a neighbor of tidelands or shorelands to which one would be entitled under our Supreme Court decisions.

There are no statutes defining the direction of these lateral lines through tidelands or shorelands. Neither is there any helpful language in the original deeds of these lands from the State of Washington. The deeds simply convey all tidelands or shorelands, for example "...all tidelands of the second class lying in front of and abutting Government Lot 3, Section [ ], Township [ ] North, Range [ ] East, W.M."

To find what rules might apply, we turn to decisions by our State Supreme Court for interpretation of the word "abutting." The basic rule, where the beach is a relatively straight line, would be that the lateral lines are projected into the water at right angles to the line of ordinary high tide (in the case of tidelands) or to the line of ordinary high water (in the case of shorelands). See Diagram No. 7.

The Supreme Court has applied a different rule where the properties are on a cove. In such a situation, the right angle rule does not usually provide an equitable division of the submerged lands to the abutting waterfront owners. In one case the court set out a method for projecting the lateral lines on a cove which makes a much fairer distribution of submerged lands. The technique involves connecting the property line at the shore line to proportionate lengths of frontage at the line of extreme low tide (for tidelands conveyed after 1911; mean low tide for tidelands conveyed earlier) or the line of navigability (for shorelands). See Diagram No. 8.


Of course, an owner of upland property which includes the abutting submerged lands and which is large enough to be divided into smaller parcels is free to subdivide the property, including submerged lands, and delineate the specific locations of the interior lateral lines. In Diagram No. 9 a developer has laid out such a waterfront plat, in which the direction of the lateral lines of the interior lots have been fixed without applying the usual rules from our court decisions. Note, however, that the exterior boundary lines (that is, on either end of the entire submerged lands parcel) cannot be fixed without agreement and conveyance with the adjoining submerged land owners.

A title insurer generally cannot insure an owner of any waterfront property, no matter what the configuration of the shoreline, as to the location of the lateral lines unless:

1.    there has been a court decree establishing the location of such lines (which decree would also presumably confirm the title of each owner in the respective portions on either side of the lines), or

2.    a plat created by a common owner, or

3.    an agreement has been entered into by the adjoining owners establishing the mutual lateral boundaries.

Such an agreement must also, of course, include mutual conveyance between the owners to actually confirm title according to the agreed upon boundaries.

NON-NAVIGABLE LAKES

All boundaries of water are assumed to be navigable unless a court has determined otherwise. This would be true even if the water was not shown on the Government Survey and/or no meander lines were shown on that survey, and/or the adjoining uplands are not described as government lots.

With respect to the beds of known non-navigable lakes, they are submerged lands but are not shorelands, and the State of Washington has no interest in them. Such beds are owned by the adjoining property owners.

Where all of the land surrounding a small, non-navigable lake is owned by one person, that person also owns the bed of the lake. However, when there are multiple owners around the lake, the rules for lateral lines are not as clearly drawn by court decisions as they have been for tidelands and shorelands. Property owners on such lakes may agree to each own an undivided interest in the entire lake. In some cases they have divided the bed of round lakes by making pie-shaped connections to the center of the lake. Each owner, then, would have fee title to the pie-shaped parcel of the bed of the lake that adjoined the upland parcel. See Diagram No. 10.


On non-navigable lakes that are not round, abutting waterfront owners have generally developed common sense allocations of the beds using center lines along the long lengths of the lake. See Diagram No. 11.

(Ord. 2013-45s4 § 7 (part), 2015)