Chapter 20.04
GENERAL PROVISIONS

Sections:

20.04.010    Severability—Conflict of provisions.

20.04.020    Applicability—Generally.

20.04.030    Shorelines designated.

20.04.040    Shorelines of statewide significance.

20.04.050    Substantial development permits.

20.04.060    Selective commercial timber cutting.

20.04.010 Severability—Conflict of provisions.

A. If any provision of this title or its application to any person or circumstance is held invalid, the remainder of this title or the application of the provision to other persons or circumstances shall not be affected.

B. In the event any provision of this title is inconsistent with any provision of the Washington Administrative Code Chapter 173-14, this title shall be deemed to conform with said WAC regulations, as they now exist or are hereafter amended. (Ord. 1980-02 § 2.0)

20.04.020 Applicability—Generally.

This title applies to all the lands and waters in Skamania County that are under the jurisdiction of Chapter 90.58 RCW, Shorelines Management Act of 1971. (Ord. 1980-02 § 4.10)

20.04.030 Shorelines designated.

The following streams and lakes constitute the shorelines of Skamania County (see Section 20.12.010 for definition) and are under the jurisdiction of the Shorelines Management Act of 1971:

(Note: As described in Chapter 173-18 WAC, Streams and Rivers Constituting Shorelines of the State (WAC 173-18-340, Skamania County).

A. STREAMS

Bear Creek — From the Gifford Pinchot National Forest boundary (Sec. 5, T3N, R8E) downstream to mouth at Wind River (Sec. 8, same township)

Buck Creek — From Klickitat County line (Sec. 2, T3N, R10E) downstream to mouth at White Salmon River (same section)

Canyon Creek — Beginning in NW 1/4 of SE 1/4 (Sec. 4, T1N, R5E) downstream to Washougal River (Sec. 6, same township)

Cold Creek — From NW 1/4 of NE 1/4 (Sec. 16, T4N, R7E) downstream to mouth at Wind River (Sec. 9, same township)

Coldwater Creek — From east section line (Sec. 29, T10N, R5E) downstream to Cowlitz-Skamania County line Sec. 31, same township) excluding federal lands

Deer Creek — From an approximate point (NE 1/4 of Sec. 17, T3N, R6E) downstream to mouth at Prospector Creek (Sec. 18, same township)

Dougan Creek — From the confluence of Dougan Creek and unnamed creek (Sec. 2, T2N, R5E) downstream to Washougal River (Sec. 11, same township)

Drift Creek — From south section line (Sec. 8, T6N, R6E) downstream to Swift Reservoir (Sec. 5, same township) excluding federal lands.

Duncan Creek — Beginning in (NW 1/4 of SE 1/4 of NE 1/4 of Sec. 17, T2N, R6E) downstream to Columbia River (Sec. 34, same township)

Forest Creek — From the Gifford Pinchot National Forest boundary (Sec. 17, T3N, R7E) downstream to mouth at Rock Creek (same section)

Greenleaf Creek — From an approximate point (NW 1/4 of Sec. 16, T2N, R7E) downstream through Greenleaf Slough to mouth at Hamilton Creek (Sec. 20, same township)

Green River — From the Gifford Pinchot National Forest boundary (Sec. 18, T10N, R6E) downstream to the Cowlitz-Skamania County line (Sec. 6, same township) excluding federal lands.

Hagen Creek — From the Clark County line (Sec. 6, T2N, R5E) downstream to mouth at the West Fork Washougal River (same section)

Hamilton Creek — From the confluence of Hamilton Creek and unnamed creek (Sec. 36, T3N, R6E) downstream to Columbia River (Sec. 30, T2N, R7E)

Lava Creek — From the Gifford Pinchot National Forest boundary (Sec. 33, T4N, R9E) downstream to mouth on Little White Salmon River (Sec. 1, T3N, R9E)

Little White Salmon - Beginning in (NE 1/4 of NE 1/4 of NE 1/4 Section 2, T4N, R9E) downstream to confluence with Lava Creek in Section 1, T3N, R9E, excluding all federal land

Little Wind River — From the Gifford Pinchot National Forest boundary (Sec. 14, T3N, R8E) downstream to mouth at Wind River (Sec. 22, same township)

Lookout Creek — From an approximate point (NW 1/4 of Sec. 6, T3N, R6E) downstream to mouth at Washougal River (Sec. 1, T3N, R5E)

Miners Creek — From confluence of Miners Creek and unnamed creek (SE 1/4 Sec. 8, T10N, RSE) downstream to Lewis-Skamania county line (same section)

Muddy River — From the west section line (Sec. 16, T8N, R6E) downstream to mouth at Lewis River (Sec. 24, T7N, R6E) excluding federal lands

North Fork Toutle River — From Spirit Lake (Sec. 15, T9N, R5E) downstream to Skamania County line (Sec. 18, same township) excluding all federal lands

North Siouxon Creek — From the Gifford Pinchot National Forest boundary (Sec. 16, T6N, R5E) downstream to the Clark County line (Sec. 30, same township)

Ole Creek — From the confluence of the Ole Creek and an unnamed creek (Sec. 31, T7N, RSE) downstream to Lewis River (same section)

Panther Creek — Beginning in (NW 1/4 of SE 1/4 of SE 1/4 of Sec. 25, T4N, R7 1/2 E) downstream to mouth at Wind River (Sec. 8, T3N, R8E)

Prospector Creek — From the confluence of Prospector Creek and Deer Creek (Sec. 18, T3N, R6E) downstream to mouth at Washougal River (Sec. 13, T3N, R5E)

Range Creek — From south section line of (Sec. 12, T6N, R5E) downstream to Swift Reservoir (Sec. 6, T6N, R6E)

Rock Creek — From west section line (Sec. 2, T3N, R6E) downstream to Columbia River (Sec. 1, T2N, R7E)

Siouxon Creek — From the Gifford Pinchot National Forest boundary (Sec. 31, T6N, R5E) downstream to Clark County line (same section), excluding federal lands)

Smith Creek — From east section line of (Sec. 30, T9N, R6E) downstream to mouth at Muddy River. (Sec. 15, T8N, R6E) excluding federal lands

Spring Creek — From the Gifford Pinchot National Forest boundary (Sec. 22, T3N, R7E) downstream to mouth at Rock Creek (Sec. 27, same township)

Stebbins Creek — From the confluence of Stebbins Creek and unnamed creek (Sec. 28, T3N, R6E) downstream to mouth at Washougal River (Sec. 6, T2N, R6E)

Swift Creek — From the Gifford Pinchot National Forest boundary (Sec. 4, T7N, R5E) downstream to mouth at Swift Reservoir (Sec. 16, same township) except those reaches within the national forest

Swift Creek, West Fork — Beginning in (SE 1/4 of NW 1/4 of SW 1/4 of Sec. 4, T7N, R5E) downstream to Swift Creek (Sec. 16, same township)

Trout Creek — Beginning in (SE 1/4 of SE 1/4 of NE 1/4 of Sec. 27, T4N, R7E) downstream to mouth at Wind River (Sec. 26, same township)

Unnamed tributary to Swift Creek — From the Gifford Pinchot National Forest boundary (Sec. 10, T7N, R5E) downstream to mouth at Swift Creek (Sec. 9, same township)

Unnamed tributary to Swift Reservoir — From the east section line (Sec. 2, T6N, R6E) downstream to mouth at Swift Reservoir (Sec. 35, T7N, R6E)

Washougal River — From the Gifford Pinchot National Forest boundary (Sec. 1, T3N, R5E) downstream to mouth at Clark County line (Sec. 31, T2N, R5E)

Washougal River, West Fork — From an approximate point (NW 1/4 of SW 1/4 of Sec. 29, T3N, R5E) downstream to mouth at Washougal River (Sec. 33, T2N, R5E)

Wildboy Creek — From the confluence of Wildboy Creek and Tex Creek (Sec. 17, T2N, R5E) downstream to West Fork Washougal River (Sec. 20, same township)

Wind River — Beginning at the north section line of (Sec. T4N, R7E) downstream to Gifford Pinchot National Forest boundary at north section line of (Sec. 1, T3N, R7 1/2 E)

Woodward Creek — From the confluence of Woodward Creek and unnamed creek (Sec. 27, T2N, R6E) downstream to mouth at Columbia River (Sec. 36, same township)

B. LAKES

Ashes Lake — Section 11, T. 2 N., R. 7 E.

Drano Lake — Section 25 & 26, T. 3 N., R. 10 E.

Elk Lake — Section 19, T. 10 N., R. 5 E.

Franz Lake — Section 4 & 5, T. 1 N., R. 6 E.

Greenleaf Slough — Section 20 & 21, T. 2 N., R. 7 E.

Hanaford Lake — Section 19, T. 10 N., R. 5 E.

Northwestern Lake — Section 2 & 3, T. 3 N., R. 10 E.

Stevenson Lake — Section 1, T. 2 N., R. 7 E.

Woody Lake — Section 34, T. 2 N., R. 6 E.

Unnamed Lake — Section 30, T. 2 N., R. 7 E.

Venus Lake — Section 14, T. 10 N., R. 5 E.

Wauna Lake — Section 14, T. 2 N., R. 7 E. (Ord. 1980-02 § 4.20)

20.04.040 Shorelines of statewide significance.

The following rivers and lakes constitute the shorelines of statewide significance (see Section 20.12.010 for definition) within Skamania County and are under the jurisdiction of the Shorelines Management Act of 1971.

(Note: As described in Chapter 173-18 WAC, Streams and Rivers Constituting Shorelines of The State (WAC 173-18-340, Skamania County; Except White Salmon River)

A. RIVERS

Columbia River — From Klickitat County line (Sec. 23, T3N, R10E) downstream along Washington shoreline to Clark County line (Sec. 19, T1N, R5E), excluding any federal lands

Lewis River — From Gifford Pinchot National Forest boundary (Sec. 24, T7N, R6E) downstream through Swift Reservoir to Cowlitz County line (Sec. 31, T7N, R5E), except those reaches within the national forest

Little White Salmon River — Beginning at the confluence with Lava Creek Section 1, T. 3N., R. 9E. downstream to Drano Lake, excluding all federal land

White Salmon River — From Klickitat County line (Sec. 2, T3N, R10E) downstream right bank only to mouth on Columbia River (Sec. 23, same township), except that portion from Condit Dam to Nester Peak Road known as Northwestern Lake

Wind River — Beginning at Gifford Pinchot National Forest boundary (Sec. 1, T3N, R7 1/2 E) downstream to mouth on Columbia River

B. LAKES

Spirit Lake — Section 15, T. 9 N., R. 5 E.

Swift Reservoir — T. 7 N., R. 5 E. (Ord. 1980-2 § 4.30)

20.04.050 Substantial development permits.

A. No substantial development shall be undertaken on the shorelines except those which are consistent with the Shorelines Management Act of 1971, the county master program, and the regulations of this title.

B. No substantial development shall be undertaken on the shorelines without first obtaining a substantial development permit in accordance with this title.

C. Substantial development undertaken prior to June 1, 1971, shall not continue without a permit into other phases that were not an integral part of the development being followed at the time construction commenced.

D. Substantial development undertaken prior to June 1, 1971, shall not require a permit except under the following circumstances:

1. Where the activity was unlawful prior to June 1, 1971;

2. Where the development was not completed prior to June 1, 1973;

3. Where development occurred prior to June 1, 1971 on the shorelines, and continued on to a different lake, river or tributary after June 1, 1971, a permit shall be required for the substantial development undertaken after June 1, 1971. (Ord. 1980-02 § 4.40)

20.04.060 Selective commercial timber cutting.

Only selective commercial timber cutting shall be allowed within two hundred feet abutting landward of the ordinary high water mark within shorelines of statewide significance, so that no more than thirty percent of the merchantable trees may be harvested in any ten-year period of time; provided, that other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions, or silviculture practices necessary for regeneration render selective logging ecologically detrimental; provided further, that clear-cutting of timber which is solely incidental to the preparation of land for other uses authorized by this title may be permitted. (Ord. 1980-02 § 4.50)