Chapter 26.80
DEFINITIONS
Sections:
26.80.010 Definitions.
“Agriculture” or “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 (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 include, but are not limited to:
A. 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, tapes, canals, ditches, and drains;
B. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;
C. Farm residences and associated equipment, lands, and facilities; and
D. Roadside stands and on-farm markets for marketing fruit or vegetables.
“Alteration” means a human action which results in a physical change to the existing condition of land or improvements including but not limited to: clearing vegetation, filling and grading and construction of structures or facilities including impervious surfaces.
“Applicant” means the person, party, firm, partnership, corporation, or other entity that applies for any permit or approval pursuant to this title, and may include applicants for other approvals pursuant to other provisions of the Richland Municipal Code.
“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.
“Artificially created wetland” means 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 landscaping 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.
“Associated jurisdictional wetlands” are those wetlands that are in proximity to and either influence or are influenced by shoreline areas subject to the Shoreline Management Act.
“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.
“Best management practices (BMPs)” should not exclude new agricultural and land management activities, especially in sensitive areas and their buffers, and should also encourage ongoing agricultural activities to minimize their effects on water quality, riparian ecology, salmonid populations, and downstream resources. BMPs are current and evolving conservation practices, or systems of practices, management or operational measures, or design and construction techniques; or normal and accepted industry standards that are applied to land use activity in a manner which:
A. Controls soil loss and reduces surface water and ground water quality degradation caused by nutrients, wastes, toxics, and sediment;
B. Minimizes where possible and mitigates where necessary adverse impacts to the natural chemical, physical and biological environment of the city;
C. Utilizes the city’s natural resources on a long-term, sustainable yield basis;
D. Protects trees, vegetation, and soils designated to be retained during and following site construction, and uses native plant species appropriate to the site for revegetation of disturbed areas; and
E. Prevents contamination of surface and ground water resources, and protects from impacts to native and other desirable vegetation with BMPs for chemical pesticide, herbicide, and fertilizer applications.
“Bioengineering” means the use of biological elements, such as the planting of vegetation, often in conjunction with engineered systems, to provide a structural shoreline stabilization measure with minimal negative impact to the shoreline ecology.
“Boating facility” for the purposes of this program means any public or private facility for mooring, storing, or transfer of materials from vessels on the water, such as docks and piers, including on-land related facilities such as approaches and ramps, and includes any private and publicly accessible launch sites or facilities. A boating facility does not include on-land accessory facilities such as parking or storage.
“Buffer” means an area adjacent to a sensitive area that functions to avoid loss or diminution of the ecologic functions and values of the sensitive area. Specifically, a buffer may:
A. Preserve the ecologic functions and values of a system, including, but not limited to, providing microclimate conditions, shading, input of organic material, and sediments; room for variation and changes in natural wetland, river, or stream characteristics; providing for habitat for life cycle stages of species normally associated with the resource;
B. Physically isolate a sensitive area such as a wetland, river, or stream from potential disturbance and harmful intrusion from surrounding uses using distance, height, visual, and/or sound barriers, and generally including dense native vegetation, but also may include human-made features such as fences and other barriers;
C. Act to minimize risk to the public from loss of life, well-being, or property damage resulting from natural disasters such as from landslide or flooding.
“Building” means a roofed and walled structure built for permanent or temporary use.
“Building height in Shoreline Management Act jurisdiction” only means the vertical distance between average grade and the highest part of the coping of a flat roof, or the deck line of a mansard roof, or the highest point of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of that segment of the building with all roof elements at a different elevation than adjacent steps or terraces; 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. Temporary construction equipment is excluded in this calculation.
“Bulkhead” means a structure of timber, concrete, steel, rock, or similar substance located parallel to the shore, which has as its primary purpose to contain and prevent the loss of soil by erosion, wave, or current action.
“Channel migration zone” means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. For the purpose of this program, the channel migration zone excludes areas separated from the active river channel by legally existing artificial structures that are likely to restrain channel migration, including, but not limited to, flood control facilities, transportation facilities, and structures built above or constructed to remain intact through the 100-year flood.
“Clearing” means the removal of trees, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth’s surface of the site.
“Compensatory mitigation” means the restoration, creation, enhancement or, in exceptional circumstances, preservation of wetlands and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
“Creation” (of wetland) means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Establishment results in a gain in wetland acreage and function. A typical action is the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species (Gwin et al. 1999).
“Critical habitat” or “critical wildlife habitat” means habitat areas associated with threatened, endangered, sensitive, or priority species of plants or wildlife which, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are documented with reference to lists, categories and definitions of species promulgated by the Washington Department of Wildlife (Non-Game Data System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014 and in the priority habitat species lists compiled in compliance with WAC 365-190-080, or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service.
“Critical habitat” also includes the following types of areas:
A. Regionally rare native fish and wildlife habitat (i.e., one of five or fewer examples of the habitat within the Mid-Columbia region).
B. Fish and wildlife areas with irreplaceable ecological functions, including, but not necessarily limited to, the following:
1. The areas listed as a national wildlife refuge, national park, natural area preserve or any preserve or reserve designated under WAC 332-30-151;
2. The Lake Wallula wildlife habitat areas managed by the U.S. Army Corps of Engineers, including the Yakima River Wildlife Management Area and the Hanford Islands in the Columbia River managed by the U.S. Fish and Wildlife Service;
3. Category I wetlands as defined in RMC 26.60.023;
4. State nature area preserves or natural resource conservation areas identified by state law and managed by the Department of Natural Resources;
5. Documented habitat, other than accidental presence, of threatened or endangered species;
6. Documented habitat, other than accidental presence, of regional or national significance for migrating birds.
“Cumulative impacts” are the results of incremental actions when added to past, present, and reasonably foreseeable future actions. Cumulative impacts can be deemed substantial and subject to mitigation conditions even though they may consist of individual actions having relatively minor impacts.
“Developer” means any person, firm, corporation, or agency engaged in the act of development.
“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 stage of water level.
“Development plan” means a proposal for development consisting of such site plans, vicinity maps, drawings, illustrations, documents, and conditions as may be necessary and appropriate.
“Dock” means a place for vessels to moor and may include a variety of facilities including piers and floating structures extending from the shore over the water. This definition does not include over-water trails.
“Dredging” is the removal of earth, sand, gravel, silt, or debris from below the ordinary high water mark of any river, stream, pond, lake, or other water body and beneath the area of seasonal saturation of any wetland.
“Earth/earth material” means naturally occurring rock, soil, stone, sediment, or combination thereof.
“Ecological 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 an element of a natural ecosystem.
“Ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
“Enhancement” (of habitats in general) means the improvement of existing habitat such as by increasing plant density or structural diversity, or by controlling nonindigenous or noxious species by replacing with native species.
“Enhancement” (of wetlands) means the manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s), or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Examples are planting vegetation, controlling nonnative or invasive species, and replacing with native species.
“Erosion” means wearing away of rock or soil by the gradual detachment of soil and rock fragments by water, wind, ice, and other mechanical and chemical forces.
“Erosion hazard areas” are areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe rill and inter-rill erosion hazard.
“Excavation” means the mechanical removal of earth material.
“Existing and ongoing agricultural activities” include those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities that bring a previously nonagricultural area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program.
“Exotic” means a species, plant community type, or habitat that has been introduced or modified as a result of human actions.
“Fair market value” means the open market bid price for conducting construction of 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 restoration requirement, meets all of the following conditions:
A. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;
B. The action provides a reasonable likelihood of achieving its intended purpose; and
C. The action does not physically preclude achieving the project’s primary intended legal use.
In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action’s infeasibility, the city may weigh the action’s relative public costs and public benefits, considered in short- and long-term time frames.
“Federal Manual” or “federal methodology” means the methodology for identifying wetlands in the field as described in the current Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
“Fill” means earth or any other substance or material placed in or on the ground, including earth retaining structures, in an area waterward of the OHWM. In wetlands, it includes any action that raises the elevation or creates dry land.
“Filling” means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, sediment surface, or other fill material.
“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that either:
A. Has been established in Federal Emergency Management Agency Flood Insurance Rate Maps or floodway maps; or
B. Consists of those portions of a river valley lying waterward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually.
C. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood risk reduction devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.
“Geotechnical report or geotechnical analysis” means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, estimates of susceptibility to erosion, sliding, earthquake, or other geological events, and the extent of risk to the health and safety of persons and property. Such a report shall include conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise regarding the regional and local geology and processes.
“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
“Habitat management” means management of land to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases.
“Habitat map” means maps of plant cover types/communities, referred to as fish and wildlife conservation areas, adopted by the city of Richland to indicate the potential presence of wildlife species.
“High impact land use” means land uses that are generally associated with relatively high levels of human activity or disturbance, development of structures, or substantial wetland habitat impacts. Depending on their context, high impact land uses can include, but are not limited to, residential buildings and structures, active recreation areas and facilities, commercial and industrial land uses, buildings and structures, and similar uses and activities which create a significant potential for impacts to wetlands. The context for determining the impact of a land use includes the sensitivity of the wetland, the density and intensity of adjacent development, the amount of impervious surface, the orientation of proposed buildings and structures, and other relevant factors as determined in an individual case.
“In-kind mitigation” means replacement of wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity.
“In-stream structures” are structures located waterward of the ordinary high water mark that either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flow.
“Landslide hazard areas” are areas that are potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Landslide hazard areas include, but are not limited to, the following types of areas:
A. Areas delineated by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development;
B. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources;
C. Areas with all three of the following characteristics:
1. Areas with slope steeper than 15 percent;
2. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and
3. Springs or ground water seepage;
D. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of that epoch;
E. Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;
F. Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking;
G. Areas potentially unstable as a result of rapid stream incision, stream bank erosion and undercutting by wave action;
H. Areas that show evidence of, or on, an active alluvial fan presently or potentially subject to inundation by debris flows or catastrophic flooding; or
I. Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.
“Local utility” means public or private utilities normally servicing a neighborhood or defined subarea in the city (e.g., telephone exchanges, sanitary sewer, stormwater facilities, distribution lines, electrical distribution less than 55 kilovolts, telephone, cable television, etc.).
“Low impact land use” means land uses that are typically associated with relatively low levels of human activity, disturbance or development, and that are conducted in a manner so as to minimize impacts to the buffer. Low impact land uses may include:
A. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife;
B. Passive recreation, including walkways or trails located in the outer 25 percent of the buffer area;
C. Educational and scientific research activities, provided prior approval is obtained from the approval authority;
D. Normal and routine maintenance and repair of any existing public or private facilities, provided appropriate measures are undertaken to minimize impacts to the wetland and its buffer, and that disturbed areas are restored immediately to a natural condition; or
E. Agricultural land uses that do not create a significant probable wetland impact.
“Marina” means any commercial or club-owned facility consisting of docks or piers serving five or more vessels, or a shared moorage serving a subdivision serving 10 or more vessels.
“Mining” means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses.
“Mitigation” involves actions that proceed in sequence from the highest to the lowest priority as follows:
A. Avoiding impacts to environmentally sensitive areas by not taking action or parts of actions.
B. Minimizing impact by limiting the degree or magnitude of the action and its implementation.
C. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
D. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
E. Compensating for the impact by replacing or providing substitute resources or environments.
While monitoring alone is not considered mitigation for purposes of these regulations, it may be part of a comprehensive mitigation program.
“Mixed use” within an area subject to the jurisdiction of the Shoreline Management Act means a combination of compatible uses within one development, in which water-oriented and non-water-oriented uses are included.
“Multiple use” means a combination of compatible uses within one development, and may include commercial, multifamily, and recreation uses, among others. The term “mixed use” in RMC Title 23, Zoning Regulations, may be used in the same sense as “multiple use” in this title, Shoreline Management.
“Native vegetation” means vegetation indigenous to the area in question.
“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.
“No net loss of ecological functions” is the maintenance of existing ecological processes and functions at the level that existed at the time of approval of relevant policies and regulations.
A. No net loss of ecological functions on the level of the city means that the ecological processes and functions are maintained within a watershed or other functional catchment area. Regulations may result in localized cumulative impacts or loss of some localized ecological processes and functions, as long as the ecological processes and functions of the system are maintained. Maintenance of system ecological processes and functions may require compensating measures that offset localized degradation.
B. On a project basis, “no net loss” means that permitted use or alteration of a site will not result in on-site or off-site deterioration of the existing condition of ecological functions that existed prior to initiation of use or alterations as a direct or indirect result of the project.
C. No net loss is achieved both through avoidance and minimization of adverse impacts as well as compensation for impacts that cannot be avoided. Compensation may include on-site or off-site restoration of ecological functions to compensate for localized degradation.
“Non-water-dependent use” means those uses which are not water-dependent.
“Non-water-oriented use” means those uses which are not water-dependent, water-related, or water-enjoyment.
“Nonconforming lot, use, structure, or site” means a preexisting parcel which was lawfully created prior to the effective date of this program but does not meet minimum size or other dimensional requirements, a use which was legally established prior to the effective date of this program, which would not be permitted as a new use in the area in which it is located under the terms of this program, or a structure lawfully erected prior to the effective date of this program or a site altered or improved which does not meet current standards for setbacks, buffers, vegetation conservation, landscaping, public access, screening, or other regulations for the area in which it is located due to changes in regulations since its establishment.
“Open space” means an area that is intended to provide light and air, view, use, or passage of persons or animals which is almost entirely unobstructed by buildings, paved areas, or other human-made structures, and is designed or preserved for environmental, habitat, scenic, or recreational purposes.
“Ordinary high water mark” means the mark on all lakes and streams that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland and vegetation, as that condition existed on June 1, 1971, for all lands under the jurisdiction of the Shoreline Management Act, or for other lands on the effective date of the relevant provisions of this program, or as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the city or other authorized jurisdictions. In any area where the ordinary high water mark cannot be found, it shall be defined in accordance with WAC 173-22-030, generally the line of the mean higher high tide in areas adjoining salt water, and the line of mean high water in areas adjoining fresh water.
“Party of record” includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.
“Permanent erosion control” means continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth, and turbidity or pollutants after development, construction, or restoration.
“Permit” means that substantial development, special use, or variance permit issued by the city of Richland prior to substantial development in shoreline areas, subject to review by the State of Washington Department of Ecology and the State Attorney General.
“Pier” means docks or similar structures supported by fixed piles. This definition does not include over-water trails.
“Preservation” (of wetlands) means the removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes the purchase of land or easements, repairing water control structures or fences, or structural protection. Preservation does not result in a gain of wetland acres but may result in a gain in functions over the long term.
“Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes:
A. Comparatively high fish or wildlife density;
B. Comparatively high fish or wildlife species diversity;
C. Fish spawning habitat;
D. Important wildlife habitat;
E. Important fish or wildlife seasonal range;
F. Important fish or wildlife movement corridor;
G. Rearing and foraging habitat;
H. Important marine mammal haul-out;
I. Refugia habitat;
J. Limited availability;
K. High vulnerability to habitat alteration;
L. Unique or dependent species; or
M. Shellfish bed.
A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.
“Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.
A. Criterion 1, State-Listed or State-Proposed Species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State-proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
B. Criterion 2, Vulnerable Aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.
C. Criterion 3, Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance, and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
D. Criterion 4. Species listed under the Federal Endangered Species Act as either proposed, threatened, or endangered.
“Public access” means a physical and/or visual approach to and along the shoreline available to the general public.
“Public interest” means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected, including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development.
“Qualified consultant” means a professionally trained and/or certified wildlife biologist, ecologist or other professional with expertise in the scientific disciplines necessary to identify, evaluate and manage habitat.
“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 Bachelor of Science or Bachelor of Arts or equivalent degree in biology, ecology, engineering, environmental studies, fisheries, geomorphology or related field, and at least two years of related work experience.
A. A qualified professional for habitats or wetlands must have a degree in biology, ecology or related field and professional experience related to the subject species. A “qualified wetland specialist” is further defined below.
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 means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.
“Qualified wetland specialist” means a person or firm with experience and training in wetland issues, and with experience in performing delineations, analyzing wetland impacts, and recommending wetland mitigation and restoration. Qualifications include:
A. A Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, ecology, environmental studies, fisheries, soil science, wildlife or related field, and at least two years of related work experience, including a minimum of one year of experience delineating wetlands using the Unified Federal Manual in preparing wetland reports. Additional education may substitute for one year of related work experience; or
B. Four or more years of related work experience and training, with a minimum of two years’ experience delineating wetlands using the Unified Federal Manual in preparing wetland reports.
“Recreation areas or facilities” means any privately or publicly owned passive or active facility that provides for activities undertaken for pleasure or relaxation and for the refreshment of the mind and body that takes place in the outdoors or in a facility dedicated to the use, including, but not limited to, walking, fishing, photography, viewing, and bird watching, and may include parks, playgrounds, sports fields, paths and trails, beaches, or other recreation areas or facilities.
“Reestablishment” (of wetland) means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland acres and functions. Activities could include removing fill, plugging ditches, or breaking drain tiles.
“Regulated activity” means activities occurring in or near and/or potentially affecting a wetland or wetland buffer that are subject to the provisions of the shoreline master program. Regulated activities generally include, but are not limited to, any filling, dredging, dumping or stockpiling, draining, excavation, flooding, construction or reconstruction, driving pilings, obstructing, shading, clearing or harvesting.
“Rehabilitation” (of wetland) means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland.
“Restore” or “restoration” or “ecological restoration” means the reestablishment or upgrading of impaired natural or enhanced ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to pre-Columbia Basin Project, aboriginal or pre-European settlement conditions.
“Sanitary landfill” is a method of disposing of solid waste on land without creating nuisances or hazards to public health or safety by utilizing the principles of engineering to confine the solid waste to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day’s operation or at such more frequent intervals as may be necessary.
“Secondary habitat” or “secondary wildlife habitat” means areas with one or more of the following attributes: comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat; significant wildlife seasonal ranges; significant movement corridors; limited availability; and/or high vulnerability. Secondary habitat offers less diversity of animal and plant species than critical habitat, but is important for performing the essential functions of habitat.
“Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by: (A) magnitude of an earthquake; (B) distance from the source of an earthquake; (C) type of thickness of geologic materials at the surface; and (D) type of subsurface geologic structure.
“Sensitive areas” are those areas and ecosystems as defined under Chapter 36.70A RCW, and include:
A. Wetlands;
B. Areas with a critical recharging effect on aquifers used for potable waters;
C. Fish and wildlife habitat conservation areas;
D. Frequently flooded areas; and
E. Geologically hazardous areas.
“Shall” means a mandate; the action must be done.
“Shorelands or shoreland areas” means those lands under the jurisdiction of the Shoreline Management Act 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 that are subject to the provisions of the Shoreline Management Act, RCW 90.58.030; the same to be designated as to location by the Washington State Department of Ecology.
“Shoreline areas” mean all shorelines of the state and shorelands.
“Shoreline program” shall refer to the Richland shoreline master program.
“Shoreline stabilization” means structural and nonstructural actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind, or wave action. These actions include structural and nonstructural methods.
“Shorelines of Richland” are the total of all shorelines and shorelines of statewide significance within the corporate limits of the city of Richland.
“Should” means, in areas that are subject to the provisions of the Shoreline Management Act, RCW 90.58.030, that a particular action is required unless there is a demonstrated compelling reason, based on the policy of the Shoreline Management Act and this program, against taking the action. The administrator shall make the determination about whether or not an applicant has demonstrated that there is a compelling reason against taking an action, and may consult with the Department of Ecology and other agencies with jurisdiction over a proposal in making such a determination.
“Site” means any parcel or combination of contiguous parcels where a proposed project is located.
“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.
“Solid waste” is defined as those presently unwanted residues of used natural or manmade resources and of human activity, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities, which are handled or managed in solid form.
“Structural diversity” means the relative degree of diversity or complexity of vegetation in a habitat area as indicated by the stratification or layering of different plant communities (e.g., ground cover, shrub layer, and tree canopy); the variety of plant species; and the spacing or pattern of vegetation.
“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.
“Substrate” means the soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland.
“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.
“Water-dependent use” 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 use” 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 enjoyment or recreational use 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 visual and physical 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 use” means a use that is water-dependent, water-related or water-enjoyment, or a combination of such uses.
“Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront location, but its economic viability is dependent upon a waterfront location because:
A. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
B. The use provides a necessary service supportive of the water-dependent uses, and the proximity of the use to its customers makes its services less expensive and/or more convenient.
“Wetland buffer area” means a naturally vegetated and undisturbed, enhanced or revegetated zone surrounding a natural, restored, or newly created wetland that is an integral part of a wetland ecosystem, and protects a wetland from adverse impacts to the integrity and value of the wetland. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect wetland resources from harmful intrusion.
“Wetland class” means one of the 11 class names used to describe wetland and deepwater habitat types as derived from the U.S. Fish and Wildlife Service wetland classification scheme consisting of a hierarchy of systems, subsystems, classes and subclasses to describe wetland types. Refer to USFWS, December 1979, Classification of Wetlands and Deepwater Habitats of the United States for a complete explanation of the wetland classification scheme. These class names include: forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland, unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom, rocky shore, stream bed, and reef.
“Wetland delineation” means the actual flagging or staking in the field of the edges of the wetland by a qualified consultant or their representative.
“Wetland determination” means a report prepared by a qualified consultant that identifies, characterizes, and analyzes potential impacts to wetlands consistent with applicable provisions of these regulations. A determination does not include a formal delineation.
“Wetlands” or “wetland areas” means 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 regulated wetland, the methodology shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements as provided in RCW 90.58.380 and WAC 173-22-035.
“Wildlife habitat” means areas that provide food, protective cover, nesting, breeding, or movement for fish and wildlife, and with which individual species have a primary association.
“Wildlife report” means a report prepared by a qualified consultant that evaluates plant communities and wildlife functions and values on a site, consistent with the format and requirements established by this program. [Ord. 25-14 § 1.01; Ord. 12-18 § 1 (Exh. A)].