Division 7. Shoreline Master Program

Chapter 21.70


21.70.010    Title.

21.70.020    Introduction.

21.70.030    Purpose.

21.70.040    Authority.

21.70.050    Applicability.

21.70.060    Administration.

21.70.070    Relationship to other plans and regulations.

21.70.080    Interpretation.

21.70.090    Liberal construction.

21.70.100    Violations and penalties.

21.70.200    Definitions – General provisions.

21.70.210    “A” definitions.

21.70.211    “B” definitions.

21.70.212    “C” definitions.

21.70.213    “D” definitions.

21.70.214    “E” definitions.

21.70.215    “F” definitions.

21.70.216    “G” definitions.

21.70.217    “H” definitions.

21.70.218    “I” definitions.

21.70.219    “J” definitions.

21.70.221    “L” definitions.

21.70.222    “M” definitions.

21.70.223    “N” definitions.

21.70.224    “O” definitions.

21.70.225    “P” definitions.

21.70.226    “Q” definitions.

21.70.227    “R” definitions.

21.70.228    “S” definitions.

21.70.229    “T” definitions.

21.70.230    “U” definitions.

21.70.231    “V” definitions.

21.70.232    “W” definitions.

21.70.010 Title.

Chapters 21.70 through 21.77 WMC, in combination with Sub-Element 9.1 of the Woodinville Comprehensive Plan, shall be known as, and may be cited as, the “Woodinville shoreline master program.” (Ord. 716 § 4 (Att. A), 2021)

21.70.020 Introduction.

The Shoreline Management Act of 1971 (Act) was adopted by the public in a 1972 referendum “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.”

(1) The Act advances the following broad policies:

(a) Encourage water-dependent uses along the shoreline;

(b) Protect the resources and ecology of the shoreline; and

(c) Promote public access of the shoreline environment.

(2) The Act, and the City, recognize the protection of private property rights while aiming to preserve the quality of unique shoreline resources.

(3) The primary purpose of the Act is to provide for the management and protection of shoreline resources by planning for reasonable and appropriate uses through a coordinated planning program between the State and local jurisdictions. (Ord. 716 § 4 (Att. A), 2021)

21.70.030 Purpose.

The purpose of the shoreline master program is to:

(1) Carry out the responsibilities imposed by the Act;

(2) Promote the public health, safety and general welfare by guiding future development of shoreline resources within the City; and

(3) Comply with the shoreline master program guidelines set forth in Chapter 173-26 WAC. (Ord. 716 § 4 (Att. A), 2021)

21.70.040 Authority.

The Woodinville shoreline master program is adopted under the authority of Chapter 90.58 RCW and Chapter 173-26 WAC. (Ord. 716 § 4 (Att. A), 2021)

21.70.050 Applicability.

Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this master program whether or not a permit is required. The City’s shoreline jurisdiction includes the following:

(1) The Sammamish River;

(2) Little Bear Creek;

(3) All areas extending landward for 200 feet from the ordinary high water mark of the Sammamish River and Little Bear Creek;

(4) Floodways and contiguous floodplain areas landward 200 feet from such floodways associated with the Sammamish River and Little Bear Creek; and

(5) All areas of wetlands associated with the Sammamish River and Little Bear Creek, except those areas of wetland buffers extending outside of shoreline areas listed in subsections (3) and (4) of this section. (Ord. 716 § 4 (Att. A), 2021)

21.70.060 Administration.

(1) All uses and development proposals within the shoreline jurisdiction should be evaluated in terms of the shoreline master program. All uses and development proposals, including those that do not require a permit, must comply with the policies and regulations established by the Act and shoreline master program, except as provided for in WAC 173-27-044 and 173-27-045.

(2) The Director is vested with responsibility for administering the shoreline master program consistent with this shoreline master program and applicable provisions of the Act.

(3) No development may be undertaken or is authorized unless it is consistent with the policies and provisions of the shoreline master program and the Act.

(4) Shoreline permits, and shoreline exemptions, shall be processed in accordance with the requirements set forth in WMC 21.82.090, 21.83.030, 21.84.040 and 21.84.050. (Ord. 716 § 4 (Att. A), 2021)

21.70.070 Relationship to other plans and regulations.

(1) The Woodinville Comprehensive Plan provides the underlying planning framework within which the shoreline master program fits. The goals and policies found in the shoreline management Sub-element 9.1 of the Comprehensive Plan are incorporated as an element of the shoreline master program.

(2) The shoreline master program shall apply as an overlay and in addition to zoning, land use regulations, development regulations, and other regulations established by the City.

(3) In the event of a conflict between the regulations in this shoreline master program and any other applicable regulations of the City, the regulation that provides the greater protection of shoreline ecological functions and aquatic habitat shall prevail. (Ord. 716 § 4 (Att. A), 2021)

21.70.080 Interpretation.

(1) The Director is authorized to make written interpretations of the shoreline master program whenever necessary for clarification or to resolve a conflict within these regulations. Interpretations are a Type 1 decision processed pursuant to WMC 21.80.050.

(2) Any person may submit a written request for an interpretation to the Director, or the Director may issue an interpretation on their own initiative.

(3) A request for an interpretation shall address the following decision criteria:

(a) The defined or common meaning of the word or words in the provision;

(b) The general purpose of the provision as expressed in the section or chapter where the provision is found;

(c) The logical or likely meaning of the provision viewed in relation to the Act and the shoreline master program;

(d) Consistency with the policies and provisions set forth in Chapter 90.58 RCW, and Chapters 173-26 and 173-27 WAC;

(e) Consistency with the goals and policies set forth in the Shoreline Sub-element of the Woodinville Comprehensive Plan; and

(f) Consistency with other elements of the shoreline master program.

(4) The Director shall consult with the Washington State Department of Ecology for consistency of the interpretation with the Act and the shoreline master program before issuing a written interpretation.

(5) A written interpretation shall have the effect and be enforced as if it is part of the shoreline master program.

(6) A record of all written interpretations shall be maintained by the City and be available for public inspection and copying during regular business hours. (Ord. 716 § 4 (Att. A), 2021)

21.70.090 Liberal construction.

As provided in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of strict construction; the Act and the shoreline master program shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and the shoreline master program were enacted and adopted, respectively. (Ord. 716 § 4 (Att. A), 2021)

21.70.100 Violations and penalties.

Violation of any provision of the shoreline master program shall be subject to the enforcement provisions and penalties set forth in Chapter 1.06 WMC and WAC 173-27-240 through 173-27-310. (Ord. 716 § 4 (Att. A), 2021)

21.70.200 Definitions – General provisions.

(1) Words in this shoreline master program used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates otherwise.

(2) The definitions in this chapter apply to the shoreline master program and they should be used in conjunction with other definitions found in this title. However, these definitions are not intended to replace or alter similar definitions found elsewhere within the Woodinville Municipal Code except where specifically applied to the shoreline master program. (Ord. 716 § 4 (Att. A), 2021)

21.70.210 “A” definitions.

“Accessory structure, use, or activity” means a structure or part of a structure, use, or activity which is incidental and subordinate to a permitted principal use or building.

“Act” means Chapter 90.58 RCW, the Shoreline Management Act of 1971, as hereafter amended.

“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.

“Alteration” means any development or human-induced action which changes and/or impacts the existing conditions of a critical area or buffer. Alterations do not include walking, fishing, other types of passive recreation, or other similar activities.

“Anadromous fish” means fish that spawn and rear in fresh water and mature in the marine environment.

“Applicant” means a person who files an application for permits who is either the owner of the land on which that proposed activity would be located, or the primary proponent of a project. Applications may be filed by an applicant representative, which can include a contract purchaser, or the authorized agent of such a person.

“Appurtenance, normal” means an incidental structure that is necessarily connected to the use and enjoyment of a primary use. This definition does not apply when used under WAC 173-27-040(2)(g).

“Aquaculture” means the culture or farming of food fish, shellfish, or other aquatic plants and animals.

“Associated wetlands” are those wetlands which are in proximity to and either influence or are influenced by the shorelines of the State, such as the Sammamish River or Little Bear Creek.

“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. (Ord. 716 § 4 (Att. A), 2021)

21.70.211 “B” definitions.

“Berm” means a linear mound or series of mounds of sand and/or gravel generally paralleling the water at or landward of the line of ordinary high tide; or a linear mound used to screen an adjacent activity.

“Best management practices” means conservation practices or systems of practices and management measures that:

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

(b) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of streams and wetlands;

(c) Protect trees and vegetation designated to be retained during and following site construction; and

(d) Provide standards for proper use of chemical herbicides within critical areas.

“Bioengineering” means project designs or construction methods that use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank that is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life.

“Biofiltration system” means a stormwater or other drainage treatment system that utilizes as a primary feature the ability of plant life to screen out and metabolize sediment and pollutants.

“Biota” means the animals and plants that live in a particular location or region (also sometimes referred to as flora and fauna).

“Boat lift” means any lift for motorized boats, kayaks, canoes and jet skis; including floating lifts that are designed to not contact the substrate of the water body; ground-based lifts that are designed to be in contact with or supported by the substrate of the water body; and suspended lifts that are designed to be affixed to the existing overwater structure with no parts contacting the substrate.

“Boathouse” means an overwater structure with walls and a roof designed for the storage of boats.

“Breakwater” means a protective structure that is normally built offshore to provide protection from wave action.

“Buffer” means an area contiguous to a critical area that is required for the continued protection, maintenance, functioning, and/or structural stability of a critical area.

“Building” means any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy.

“Building coverage” means the area of a lot that is covered by building, which includes the total horizontal surface area of the roof of a building when viewed in plan.

“Bulkhead” means a vertical or nearly vertical erosion protection structure placed parallel to and near the ordinary high water mark consisting of concrete, timber, steel, rock, or other permanent material for protecting adjacent wetlands and uplands from waves and currents.

“Buoy” means a floating object anchored in water used to mark a location, warn of danger, or indicate a navigational channel. (Ord. 716 § 4 (Att. A), 2021)

21.70.212 “C” definitions.

“Channel” means an open conduit for water either naturally or artificially created, but does not include artificially created irrigation, return flow, or stock-watering channels. See also “stream.”

“Circulation network” means the interconnected system of public and private streets and roadways which provide pathways for vehicles, pedestrians, bicycles, and/or other transportation means to travel between two or more destinations.

“City” means City of Woodinville.

“Clean Water Act” means the primary Federal law providing water pollution prevention and control; previously known as the Federal Water Pollution Control Act. See 33 USC 1251 et seq.

“Clearing” means cutting, grubbing or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition, “cutting” means the severing of the main trunk or stem of woody vegetation at any point.

“Commercial” means engaging in commerce; the buying and selling of goods.

“Compensatory mitigation” means replacing project-induced critical area losses or impacts, and includes, but is not limited to, the categories listed below.

(a) Re-establishment. Actions that manipulate the physical, chemical, or biological characteristics of former or degraded critical area with the goal of returning natural or historic functions.

(b) Rehabilitation. Actions that manipulate the physical, chemical, or biological characteristics of former or degraded critical area with the goal of repairing natural or historic functions (and processes) of a degraded critical area.

(c) Creation. Actions that manipulate the physical, chemical, or biological characteristics present to develop a critical area where a critical area previously did not exist.

(d) Enhancement. Actions that manipulate the physical, chemical, or biological characteristics 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.

(e) Protection/Maintenance. Actions that remove a threat to, or prevent the decline of, critical area conditions by an action in or near a critical area. This term includes the purchase of land or easements, repairing water control structures or fences, or structural protection.

“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within the shoreline master program.

“Critical aquifer recharge areas” means areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.

“Critical areas” means critical areas as defined in RCW 36.70A.030 and includes the following areas and ecosystems:

(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. (Ord. 716 § 4 (Att. A), 2021)

21.70.213 “D” definitions.

“Degrade” means to scale down in desirability or salability, to impair in respect to some physical property, or to reduce in structure, function, or value.

“Department” means Washington State Department of Ecology.

“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” does not include dismantling or removing structures if there is no other associated development or redevelopment.

“Diameter breast height” or “DBH” means the diameter measurement in inches of the outside bark of a tree trunk, measured at four and one-half feet above the surrounding existing ground surface. The DBH for multi-trunk trees forking below the four-and-one-half foot mark is determined by measuring the diameter of the tree trunk at the narrowest part of the main stem below the tree fork. The DBH for multi-trunk trees splitting at ground level is determined by taking the square root of the sum of all squared stem DBHs.

“Director” means the person appointed by the City Manager as the Director of Development Services for the City of Woodinville, or the designee appointed to act on behalf of the Director of Development Services.

“Dock” means a structure that floats on the surface of the water, without piling supports, and which may be attached to the shore or may be anchored to submerged land. Dock facilities may include wharves, boat moorage, swimming, public access, and other activities that require access to deep water.

“Drainage facility” means the system of collecting, conveying and storing surface and storm runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff conveyance and containment facilities including streams, pipelines, channels, ditches, infiltration facilities, retention/detention facilities, and other drainage structures and appurtenances.

“Dredging” means the removal, displacement, or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies, ditches, or natural wetlands; maintenance dredging and/or support activities are included in this definition.

“Dwelling” means a living space or combination of rooms designed to provide independent year-round living facilities for one family or household, including household staff and guests, constructed to the minimum standards of the building or HUD code, and with provisions for sleeping, eating and sanitation.

“Dwelling, multifamily” means a residential structure containing two or more dwellings.

“Dwelling, single-family” means a residential structure containing one dwelling. (Ord. 716 § 4 (Att. A), 2021)

21.70.214 “E” definitions.

“Ecological functions, shoreline ecological functions” 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 constituting the shoreline’s 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.

“Emergent wetland” means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative stratum.

“Erosion” means the process whereby wind, rain, water, and other natural agents mobilize and transport particles.

“Erosion hazard areas” means at least those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard.

“Exotic” means any species of plants or animals which are foreign to the planning area. (Ord. 716 § 4 (Att. A), 2021)

21.70.215 “F” definitions.

“Fair market value” of a development is 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 an action, such as a development project, mitigation, or preservation requirement that meets all of the following conditions:

(a) Can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests that have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;

(b) Provides a reasonable likelihood of achieving its intended purpose; and

(c) Does not physically preclude achieving the project’s primary intended legal use.

The burden of proving infeasibility is on the applicant in cases where these guidelines require certain actions. In determining an action’s infeasibility, the City or the Department of Ecology may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames.

“Fill” means the placement of soil, sand, rock, gravel, sediment, earth retaining structure or other material to an area waterward of the ordinary high water mark, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

“Fish and wildlife habitat conservation” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term.

“Fish and wildlife habitat conservation area” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. These areas include:

(a) Areas with which State or Federally designated endangered, threatened, and sensitive species have a primary association;

(b) Habitats of local importance, including, but not limited to, areas designated as priority habitat by the Department of Fish and Wildlife;

(c) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas to mitigate impacts to ponds;

(d) Waters of the State, including lakes, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington;

(e) State natural area preserves and natural resource conservation areas; and

(f) Land essential for preserving connections between habitat blocks and open spaces.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

“Floodway” means those areas that have been established in Federal Emergency Management Agency flood insurance rate maps or floodway maps. (See Chapter 21.53 WMC for maps.)

“Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber.

“Forested wetland” means a regulated wetland with at least 30 percent of the surface area covered by woody vegetation greater than 21 feet in height that is at least partially rooted within the wetland.

“Frequently flooded areas” are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high ground water. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high ground water forms ponds on the ground surface.

“Functions and values” mean the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological and aesthetic value protection; and recreation. These beneficial roles are not listed in order of priority. (Ord. 716 § 4 (Att. A), 2021)

21.70.216 “G” definitions.

“Gabion” means a structure composed of masses of rocks or rubble held tightly together by wire mesh (typically) to form upright blocks or walls.

“Geohydrological processes” means the flow characteristics or cycle of subsurface waters. Commonly used interchangeably with “hydrology” to reference all water characteristics on earth without regard to geologic aspects or locations. “Processes” refers to the hydrologic cycle, that is, the planet’s water system and how water moves from the oceans to the atmosphere to the continents and back to the sea. Sometimes geohydrologic is used interchangeably with geohydraulic.

“Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns.

“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, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, 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 about the regional and local shoreline 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.

“Grassy swale” means a vegetated drainage channel designed to remove various pollutants from stormwater runoff through biofiltration before the water enters an aquatic feature such as a stream or wetland.

“Groin,” also referred to as a spur dike or rock weir, means a barrier-type structure extending from the backshore or stream bank into a water body for the protection of a shoreline and adjacent upland by influencing the movement of water and/or deposition of materials.

“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

“Growth Management Act” means all of the regulations contained within Chapter 36.70A RCW.

“Grubbing” means to clear by digging up roots and/or stumps. (Ord. 716 § 4 (Att. A), 2021)

21.70.217 “H” definitions.

“Habitat” means the environment with which an organism interacts and from which it gains its resources with which it lives and grows; habitat is often variable in size, content, and location, changing with the phases in an organism’s life.

“Height” is the vertical distance measured from the average grade level to the highest point of a structure.

“Historical flows” (of drainage) means the volume of stormwater that typically would run off from a given area of land draining into the Sammamish River or Little Bear Creek, based on the level of land development prevailing during the years prior to and including the date of enactment of the Shoreline Management Act, June 1,1971.

“Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the State in accordance with Chapter 75.21 RCW.

“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved Federal Wetland Delineation Manual and applicable regional supplements.

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen because of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved Federal Wetland Delineation Manual and applicable regional supplements. (Ord. 716 § 4 (Att. A), 2021)

21.70.218 “I” definitions.

“Impervious surface” means any hard surface area which either prevents or retards the entry of water into the soil mantle as it would otherwise enter under natural conditions preexisting to development, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow as it would otherwise under natural conditions preexisting to development. Examples include impenetrable materials such as asphalt, concrete, brick, stone, wood, and rooftops.

“Industry” means industrial activities and uses involving the processing, handling, and creating of products, including research and technological processes, and major fabrication.

“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.

“Isolated wetland” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. (Ord. 716 § 4 (Att. A), 2021)

21.70.219 “J” definitions.

“Jetty” means structures projecting out into the sea at the mouth of a river for protecting a navigation channel, a harbor, or to influence water currents.

“Joint aquatic resource permit application (JARPA)” means a single application form that may be used to apply for shoreline management permits, approvals of exceedance of water quality standards, water quality certifications, Coast Guard bridge permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits.

“Joint-use or shared” means structures that are constructed for private use by more than one property owner. (Ord. 716 § 4 (Att. A), 2021)

21.70.221 “L” definitions.

“Land division” means the division or redivision of land into lots, tracts, parcels, sites or divisions of land for sale, lease, or transfer of ownership.

“Land surface modification” means any movement or modification of earth material on any site.

“Landfill” means the placement of soil, sand, rock, gravel, existing sediment, or other material (excluding solid waste) to create new land, tideland, or bottom land area along the shoreline below the ordinary high water mark, or on wetland or upland areas to raise the elevation.

“Landslide hazard areas” means areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of a combination of factors including bedrock, soil, slope (gradient), slope aspect, geologic structure, ground water, hydrology, or other factors.

“Lot” means a measured piece of land having fixed boundaries and designated on a plot or survey.

“Lot area” means the dry land area landward of the ordinary high water mark.

“Low impact development” means a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water that allows water to soak into the ground closer to its source. (Ord. 716 § 4 (Att. A), 2021)

21.70.222 “M” definitions.

“Marina” means a private or public facility providing the purchase and/or lease of a slip for storing, berthing and securing motorized boats or watercraft, including both long-term and transient moorage.

“Marshes” (includes bogs and swamps) means lands transitional between terrestrial and aquatic systems where saturation with water is the dominant factor determining plant and animal communities and soil development. Such lands must have one or both of the following attributes:

(a) At least periodically, the land supports predominantly hydrophytes; and/or

(b) The substrate is predominantly undrained hydric soil. See also “hydrophytes,” “hydric soil.”

“Mine hazard areas” are those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts.

“Mining” means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses.

“Mitigation” means to reduce the severity of an action or situation.

“Moorage buoy” means a floating object anchored in water used to secure a vessel.

“Moorage structure” means those installations or facilities including piers, platforms, ramps, buoys, quays, or bulkheads, or any place or structure connected with the shore or upon shorelands provided for the securing of a boat or waterborne craft.

“Multiple use corridors” means utility or transportation corridors where more than one utility and/or type of transportation is in the same linear corridor of land. (Ord. 716 § 4 (Att. A), 2021)

21.70.223 “N” definitions.

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

“Native plants” means plant species which are native to the Puget Sound lowlands.

“Native vegetation” means plant species that are 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.

“Nonconforming structure” means an existing structure which was lawful at the time it was built and was continuously maintained consistent with WMC 21.73.080, but subsequently fails by reason of adoption, revision or amendment to the shoreline master program to fully comply with present dimensional regulations such as, but not limited to, critical areas and buffers, height, impervious surface or density. This term applies whether or not the nonconformance was permitted by variance.

“Nonconforming use” means any existing use, occupancy, or activity which was lawful at the time it was established and was continuously maintained consistent with WMC 21.73.080, but subsequently fails by reason of adoption, revision or amendment to the shoreline master program to fully comply with the shoreline master program. A change in the required permit review process is not a cause for nonconformance. A nonconforming use may or may not involve buildings or structures and may involve part or all of a building or property.

“Nonconforming site” means a lot which does not conform to shoreline regulations pertaining to the development of a site, including but not limited to landscaping, parking and loading, public access, vegetation management, and lighting.

Nonindigenous. See “exotic.”

“Non-water-oriented uses” means uses that are not water-dependent, water-related, or water-enjoyment. (Ord. 716 § 4 (Att. A), 2021)

21.70.224 “O” definitions.

“Open space” means land preserved in its undisturbed and natural state. Usually intended to be comprised of heavily treed steep slopes, wetlands, waterway corridors, or other critical areas.

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

“Outfall” means a structure used for the discharge of stormwater or sewer system into a receiving water. (Ord. 716 § 4 (Att. A), 2021)

21.70.225 “P” definitions.

“Pervious” means, as opposed to impervious surface; these are surfaces that allow water to pass through at rates similar to predeveloped conditions or better. Pervious surfaces include, but are not limited to, pervious asphalt, pervious concrete, pervious gravel, grass or pervious pavers.

“Pier” means a platform built on pilings or similar structures that projects over, and is raised above, the water and is attached to land, and that is used for boat moorage, swimming, fishing, public access, or similar activities requiring access to deep water.

“Piling” means the structural supports for piers, usually below the pier decking and anchored in the water.

“Piling, moorage” means a standalone piling to which a boat is tied up to prevent it from swinging with changes of wind, waves or other similar functions.

“Ponds” means areas of open water fed by springs, or fed by natural and enhanced drainage ways, which are so intrinsically associated with a wetland, stream or natural watercourse as to merit protection under the provisions of this title.

“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in considering overall project purposes, and having fewer impacts to critical areas.

“Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (see WAC 173-26-020(30)).

“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 set forth in WAC 173-26-020(31).

“Professional office” means those establishments engaged in processes where human capital is the major input and where equipment and materials are not of major importance. These establishments make available the knowledge and skills of their employees, often on an assignment basis, where an individual or team is responsible for the delivery of services to a client.

“Public access” means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the State, and to view the water and the shoreline.

“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. (Ord. 716 § 4 (Att. A), 2021)

21.70.226 “Q” definitions.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise and/or certification appropriate for the relevant subject. A qualified professional must have obtained a degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and, unless otherwise specified in this master program, must have at least two years of related work experience. (Ord. 716 § 4 (Att. A), 2021)

21.70.227 “R” definitions.

“Recharge” means rainwater and snowmelt that have percolated through the unsaturated zone, increasing the amount of ground water in storage and raising the water table.

“Reconstruction” as used in WMC 21.73.080 means to undertake construction within and/or on an existing structure with fair market construction costs greater than 50 percent of the replacement cost of the existing structure being rebuilt. The construction cost shall be valid for a period beginning on the date of permit issuance and ending 18 months after the date the permit is finalized by the City.

“Recreational uses” means facilities designed consistent with WMC 21.75.080 and used to provide recreational opportunities to the public.

“Repair” means to restore something broken or damaged to good condition.

“Replacement cost” means the square footage of the structure multiplied by local building costs per square foot, or a similar method of calculation.

“Reservation of easement” means preservation of land through legal agreement with the property owner. The land is usually prevented from being built upon to preserve open space, habitat, or steep slopes, or to allow access to adjacent parcels or utility lines.

“Residential use” means developments in which people sleep and prepare food, other than developments used for transient occupancy. As used in the shoreline master program residential development includes single-family development (known as detached dwelling unit), multifamily development (attached dwellings/ stacked), townhome development (attached dwellings/not stacked), and the creation of new residential lots through land division.

“Restoration” when used with Chapter 21.77 WMC means measures taken to restore an altered or damaged natural feature including:

(a) Active steps taken to restore damaged wetlands, streams, protected habitat, or associated buffers to the functioning condition that existed prior to an unauthorized alteration; and

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

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

“Riparian” means of, on, or pertaining to the banks of a river.

“Riprap” means a layer, facing, or protective mound of large stones, boulders, or artificial material placed to prevent erosion, scour, or sloughing of a structure or stream embankment by absorbing wave action and retaining earth landward of its placement. (Ord. 716 § 4 (Att. A), 2021)

21.70.228 “S” definitions.

“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 21 feet in height as the uppermost stratum.

“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.

Sensitive Areas. See “critical areas.”

“SEPA” means the Washington State Environmental Policy Act, Chapter 43.21C RCW.

“Shorelands” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology.

“Shoreline jurisdiction” means all “shorelines of the State” and “shorelands” as defined in RCW 90.58.030.

“Shoreline master program” means the Woodinville shoreline master program adopted pursuant to Chapter 90.58 RCW and Chapter 173-26 WAC.

“Shoreline modifications” means 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 protecting shoreline upland areas and shoreline uses from the effects of shoreline wave action, flooding or erosion. Shoreline stabilization can be separated into the following categories:

(a) “Nonstructural” includes the planting or replanting of native vegetation, beach enhancement and similar nonstructural measures;

(b) “Structural” includes the use of structures such as bulkheads, revetments, cribs, and gabions made of hard materials such as stone, concrete or timber;

(c) “Bioengineering” includes the use of vegetation, both through planting and for structural purposes such as live staking, brush layering, and brush matting; or

(d) “Biotechnical measures” includes the combination of bioengineering approaches with some degree of structural design such as matting or vegetated gabion walls or mattresses, vegetated cribbing, vegetated riprap, or keyed native toe-boulders.

“Shoreline stabilization, hard structural” means shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hardening materials typically include concrete, boulders, dimensional lumber or similar materials.

“Shoreline stabilization, soft structural” means shoreline erosion control practices that contribute to restoration, protection or enhancement of shoreline ecological functions such as the use of bioengineering and biotechnical measures.

“Shorelines” means all of the water areas of the State, including reservoirs, and their associated shorelands together with the lands underlying them, except (a) shorelines of Statewide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.

“Sign” means any structure, device, or natural object containing words and/or symbols used to attract attention to, identify, or advertise the premises on which located, or the occupant of said premises, or relating to goods or services manufactured, produced, or available on said premises, or conveying other information. Such signs must relate directly, and not incidentally, to such business, use or service.

“Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect shoreline ecological functions, does not constitute significant vegetation removal.

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

“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.

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

“Steep slope” means any area 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.

“Stream” means a course or route, formed by nature or modified by humans and generally consisting of a channel with a bed, banks, or sides throughout substantially all its length, along which surface waters, with some regularity (annually in the rainy season), naturally and normally flow in draining from higher to lower lands. This definition does not include specially designed irrigation and drainage ditches, grass-lined swales, canals, stormwater runoff devices, or other courses unless they are used by salmonids or to convey watercourses that were naturally occurring prior to construction.

“Stream bank” means the edge of the river or creek, parallel to and upland of the ordinary high water mark.

“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 destruction” means to remove more than 60 percent of the existing exterior walls of a building or structure, as measured by the horizontal linear length of all exterior walls. Any partial removal of existing wall shall count towards the measurement of horizontal linear length the same as if the entire wall within that horizontal linear length was removed, except partial removal shall not include replacement of windows or doors when no beams or struts are removed. Walls shall include all structural components such as framing and foundations but shall not include the floor or roof and such wall components as insulation, or finish elements or surfaces (e.g., drywall or exterior paneling and siding).

“Substantial improvement” means to undertake construction within and/or on an existing structure which has a valid construction permit with fair market construction costs equal to or exceeding 50 percent of the replacement cost of the existing structure being enlarged, extended, repaired, remodeled, or structurally altered. All project phases necessary to result in a habitable building must be included. The calculation for fair market construction costs shall include all costs of construction associated with the structure for a period beginning on the date of permit issuance and ending 24 months after the date the permit is finalized by the City. Costs do not include taxes or any permit fees.

“Substantially degraded” means to cause significant ecological impact.

Swale. See “grassy swale.” (Ord. 716 § 4 (Att. A), 2021)

21.70.229 “T” definitions.

“Townhome” means a building containing one dwelling unit that occupies space from the ground to the roof and is attached to one or more other townhomes.

“Tree” means a self-supporting woody perennial plant, excluding a bush or shrub.

“Tree, drip line” means the area directly located under the outer circumference of the tree branches.

“Tree, hazard” means a tree designated by a qualified arborist and accepted by the City as having a high to extreme risk using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) system. A hazard tree must have a likely or very likely potential to fail and a target that might sustain injury or damage. Hazard trees are created through a variety of circumstances including human influences, disease, and weather.

“Tree, nuisance” means a tree whose branches, stem and/or roots cause one or more of the following conditions to exist:

(a) Substantial physical damage to public or private structures;

(b) Substantially impairs, interferes or restricts streets, sidewalks, sewers, power lines, utilities or other public improvements;

(c) Substantially impairs, interferes, or obstructs any street, private lane, or driveway;

(d) The tree is diseased and restoration of the tree to a sound condition is not practical.

“Tree removal” means uprooting, severing the main trunk of the tree or any act which causes, or may reasonably be expected to cause, the tree to die, including but not limited to damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree. (Ord. 716 § 4 (Att. A), 2021)

21.70.230 “U” definitions.

“Utilities” means services, facilities and infrastructure that produce, transmit, carry, store, process or dispose of electrical power, gas, water, sewage, communications, oil, stormwater and the like. This includes:

(a) Primary: facilities and infrastructure that are provided by a public agency, utility, or franchise which produce, transmit, convey, store, process, or dispose of essential utility services throughout an area. These include, but are not limited to, water storage tanks and lines, reservoirs and booster stations, wastewater interceptors, sewage pump stations and lines, electrical transmission substations and high-tension and distribution power lines, natural gas pipelines, and associated equipment; and including telecommunication facilities provided by a public or private entity.

(b) Accessory: on-site utilities that connect directly to uses and are considered part of the primary use. (Ord. 716 § 4 (Att. A), 2021)

21.70.231 “V” definitions.

“Vessel” includes 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.

“Visual corridor” (used interchangeably with “view corridor”) means unobstructed visual access to and from waterways and their adjacent shoreland features. View or visual protection can include, but is not limited to, preventing blockage or barriers through height limitations on structures or requiring aesthetic enhancement through the undergrounding of utility lines or added landscaping.

“Volcanic hazard areas” shall include areas subject to pyroclastic flows, lava flows, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity. (Ord. 716 § 4 (Att. A), 2021)

21.70.232 “W” definitions.

“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 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. 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 foster shoreline enjoyment.

“Water frontage” means the extent of land abutting water.

“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

“Water quality” means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term “water quantity” refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.

“Water-related use” 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:

(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.

“Waterward” means the direction from a point towards a body of water, stream, or river.

“Waterways” means the path followed by flowing water normally indicated by stream banks, boulders, and/or alluvial soil which are arranged to define the pathway.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include 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 created to mitigate conversion of wetlands.

“WMC” means Woodinville Municipal Code. (Ord. 716 § 4 (Att. A), 2021)