Chapter 16D.02


16D.02.001    Definitions Generally.

16D.02.005    Abutting.

16D.02.010    Adjacent.

16D.02.012    Administrative Official.

16D.02.015    Agricultural Activities.

16D.02.025    Alluvial Fan.

16D.02.030    Applicant.

16D.02.033    Aquaculture.

16D.02.035    Aquifer.

16D.02.040    Critical Aquifer Recharge Area.

16D.02.042    Bank.

16D.02.043    Bankfull Depth.

16D.02.044    Base Flood.

16D.02.045    Base Flood Elevation.

16D.02.046    Basement.

16D.02.055    Bed.

16D.02.060    Bedrock.

16D.02.065    Berm.

16D.02.067    Best Management Practices.

16D.02.070    Bioengineering.

16D.02.075    Breakwater.

16D.02.080    Bulkhead.

16D.02.082    Cabin.

16D.02.085    Channel.

16D.02.090    Channel Migration Zone.

16D.02.092    Chief Building Official.

16D.02.095    Classification.

16D.02.100    Clearing.

16D.02.110    Compaction.

16D.02.115    Confinement Feeding Operation.

16D.02.120    Construction.

16D.02.125    Designated.

16D.02.130    Department.

16D.02.135    Development.

16D.02.140    Dike.

16D.02.145    Dock.

16D.02.150    Dredging.

16D.02.160    Earth Material.

16D.02.163    Ecological Functions.

16D.02.166    Ecosystem-Wide Processes.

16D.02.170    Enhance.

16D.02.175    Ephemeral Stream.

16D.02.180    Erosion.

16D.02.185    Events and Temporary Uses.

16D.02.190    Excavation.

16D.02.195    Feasible.

16D.02.200    Fill.

16D.02.205    Flood.

16D.02.206    Flood Hazard Permit.

16D.02.207    Flood Insurance Rate Map.

16D.02.208    Flood Insurance Study.

16D.02.210    Floodplain.

16D.02.215    Flood-prone.

16D.02.216    Flood-proofing.

16D.02.220    Floodway.

16D.02.225    Floodway Fringe.

16D.02.230    Forest Land.

16D.02.240    Forest Practices.

16D.02.250    Grade.

16D.02.255    Grading.

16D.02.260    Groundwater.

16D.02.263    Hydrologically Related Critical Areas (HRCA).

16D.02.266    Hyporheic.

16D.02.270    Intermittent Streams.

16D.02.275    Lake or Pond.

16D.02.281    Lowest Floor.

16D.02.282    Manufactured Home.

16D.02.283    Manufactured Home Park or Subdivision.

16D.02.284    Manufactured Home Park or Subdivision, Existing.

16D.02.285    Minerals.

16D.02.290    Mining.

16D.02.295    Native.

16D.02.300    Natural Conditions.

16D.02.302    New Construction.

16D.02.303    Nonconforming Structure.

16D.02.304    Nonconforming Use.

16D.02.305    Ordinary High Water Mark (OHWM).

16D.02.310    Perennial Stream.

16D.02.320    Project Site.

16D.02.321    Qualified Professional.

16D.02.322    Recreation Vehicle.

16D.02.325    Restore.

16D.02.330    Revetment.

16D.02.335    Riparian Vegetation.

16D.02.340    Riprap.

16D.02.345    Scour.

16D.02.355    Shoreline.

16D.02.360    Shore Stabilization.

16D.02.363    Single Improved Recreational Vehicle Site.

16D.02.365    Slope.

16D.02.366    Solid Waste.

16D.02.367    Special Flood Hazard Areas.

16D.02.368    Start of Construction.

16D.02.370    Stream.

16D.02.380    Stream Corridor.

16D.02.390    Structure.

16D.02.395    Substantial Improvement.

16D.02.400    Use.

16D.02.415    Vegetative Buffer or Buffer.

16D.02.425    Wetland.

16D.02.430    Wildlife.

16D.02.435    Wildlife Habitat.

16D.02.440    Works.

16D.02.001 Definitions Generally.

(1)    Whenever the words and terms set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this chapter. References to specific provisions of YCC Title 13 and the International Building Codes, statutes and Washington Administrative Code provide greater detail for purposes of administering this title.

(2)    Definitions listed in this chapter shall be applied to all critical areas, including flood hazard areas, whether they occur inside or outside shoreline jurisdiction, unless the definition itself identifies the term as applying to shoreline or flood hazard administration, in which case the definition only applies to that situation.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.005 Abutting.

“Abutting” means bordering upon, to touch upon, or in physical contact with. Sites are considered abutting even though the area of contact may be only a point.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.010 Adjacent.

“Adjacent” means to be nearby and not necessarily abutting.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.012 Administrative official.

“Administrative Official” means the duly appointed Planning Division Director of the Public Services Department, or his designee, or the relevant decision maker identified in YCC Title 16B (Project Permit Administration); synonymous with “administrator” or “director.”

(Res. 54-2010 § 5 (Exh. 1 § 5), 2010: Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.015 Agricultural Activities.

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

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

(2)    “Agricultural equipment” and “agricultural facilities” includes, but is 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; and

(3)    “Agricultural land” means those specific land areas on which agriculture activities are conducted as of the date of adoption of a local master program as evidenced by aerial photography or other documentation. After the effective date of the master program land converted to agricultural use is subject to compliance with the requirements of the master program.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.025 Alluvial Fan.

“Alluvial fan” is a low, outspread, relatively flat to gently sloping feature, shaped like an open fan or a segment of a cone, deposited by a stream at the place where it issues from a valley upon a plain or broad valley, or where a tributary stream is near or at its junction with the main stream, or wherever a constriction in a valley abruptly ceases or the gradient of the stream suddenly decreases; it is steepest near the mouth of the valley where its apex points upstream, and it slopes gently and convexly outward with gradually decreasing gradient.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.030 Applicant.

“Applicant” means a person, party, firm, corporation, or other legal entity that proposes a development, construction or use on a site.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.033 Aquaculture.

For purposes of administering the Shoreline Master Program, “aquaculture” means the culture and/or farming of food fish, shellfish, and other aquatic plants and animals in fresh water. Aquaculture practices may include but are not limited to hatching, seeding or planting, cultivating, feeding, raising, harvesting of planted crops or of natural crops so as to maintain an optimum yield, and processing of aquatic plants or animals.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.035 Aquifer.

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

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.040 Critical Aquifer Recharge Area.

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

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.042 Bank.

“Bank” means the land surface above the ordinary high water mark that abuts a body of water and contains it to the bankfull depth.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.043 Bankfull Depth.

“Bankfull depth” means the average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hill slope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.044 Base Flood.

“Base flood” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means the flood having a 1-percent chance of being equaled or exceeded in any given year. (Ref. IBC 1612.2)

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.045 Base Flood Elevation.

“Base flood elevation” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). (Ref. IBC 1612.2)

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.046 Basement.

“Basement” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means any area of the building having its floor subgrade (below ground level) on all sides. (Ref. IBC 1612.2)

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.055 Bed.

“Bed” means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.060 Bedrock.

“Bedrock” means in-place solid rock.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.065 Berm.

“Berm” means a mound of earth material used as a protective barrier or to control the direction of water flow.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.067 Best Management Practices.

“Best management practices” or “BMPs” means schedules of activities, practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in a combination, prevent or reduce adverse impacts to the environment.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.070 Bioengineering.

“Bioengineering” means project designs or construction methods which 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 which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to aquatic and terrestrial wildlife. Bioengineered or biotechnical bank protection designs may incorporate limited use of armored toes and wood structural elements.

(Res. 54-2010 § 2 (Att. B § 10), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.075 Breakwater.

“Breakwater” means a fixed or floating off-shore structure that protects the shore from wave action or currents.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.080 Bulkhead.

“Bulkhead” means a vertical or nearly vertical erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.082 Cabin.

For purposes of administering the Shoreline Master Program, “cabin” means a small single-family residence of 800 square feet or less, without a garage or carport and without large accessory buildings. Small accessory buildings, such as detached storage sheds or accessory structures totaling 120 square feet or less, may be allowed. Dwellings not meeting these standards are considered standard single-family residences.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.085 Channel.

“Channel” means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.090 Channel Migration Zone.

For purposes of administering the Shoreline Master Program, “channel migration zone (CMZ)” 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.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.092 Chief Building Official.

“Chief Building Official” or “building official” means the manager of the Building and Fire Safety Division of the Department of Public Services or designee.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.095 Classification.

“Classification” means the definition of value and hazard categories to which critical areas and natural resource lands will be assigned.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.100 Clearing.

“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.110 Compaction.

“Compaction” means compressing soil through some mechanical means to make it denser.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.115 Confinement Feeding Operation.

“Confinement feeding operation” means the use of structures or pens for the concentrated feeding or holding of animals or poultry, including but not limited to horses, cattle, sheep, or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry and normal farming practices.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.120 Construction.

“Construction” means the assembly, placement, or installation of structures, roadways, transmission lines, and other improvements within a project site.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.125 Designated.

“Designated” means formal legislative action to identify and describe a critical area.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.130 Department.

“Department” means the Yakima County Public Services Department, Planning Division.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.135 Development.

“Development” means any use as defined under RCW 90.58.030(3)(d) (definitions), or the division of land into lots or parcels in accordance with the county Subdivision Ordinance (YCC Title 14), and any clearing, excavation, dredging, drilling, filling, dumping, removal of earth and mineral materials, or other permanent or temporary modification of a site up to, but not including, construction as defined in this chapter. For the purpose of Chapters 16D.05.20 through 16D.05.72, “development” also means any manmade change to improved or unimproved real estate located within the special flood hazard area, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or permanent storage of equipment and works defined in this chapter. (Ref. IBC G 201.2)

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.140 Dike.

“Dike” means an embankment to prevent flooding by a stream or other water body. A dike is also referred to as a levee.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.145 Dock.

“Dock” means a structure built over or floating upon the water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.150 Dredging.

“Dredging” means removal of earth from the bed of a stream, lake, or pond for the purpose of increasing the depth of surface water or obtaining minerals, construction aggregate, or landfill materials: This definition does not include excavation for mining within a pond created by a mining operation approved under this title or under a local zoning ordinance, or a mining operation in existence before Zoning, Shorelines, or Critical Areas permits were required for such operations.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.160 Earth Material.

“Earth material” means any rock, natural soil, or combination thereof.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.163 Ecological Functions.

For purposes of administering the Shoreline Master Program, “ecological functions” or “shoreline 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 that constitute the shoreline’s natural ecosystem.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.166 Ecosystem-Wide Processes.

For purposes of administering the Shoreline Master Program, “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.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.170 Enhance.

“Enhance” means to strengthen any of the basic functional properties listed in Section 16D.06.05 that exist but do not perform at optimum efficiency. “Optimum” refers to the most favorable or best performance of each function achievable for a specific segment of stream corridor.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.175 Ephemeral Stream.

“Ephemeral stream” means a stream that flows only in response to precipitation with no groundwater association, usually less than 30 days per year. The lack of any groundwater association results in a lack of a distinctive riparian vegetation compared to the surrounding landscape.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.180 Erosion.

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

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.185 Events and Temporary Uses.

For purposes of administering the Shoreline Master Program, “events and temporary uses” means a social or community occasion or activity lasting for a limited time. Events and temporary uses within permitted facilities or legally nonconforming facilities that are designed for such uses are not included in this definition, as long as they do not materially interfere with the normal public use of the water or shorelines of the state.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.190 Excavation.

“Excavation” means the mechanical removal of earth material.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.195 Feasible.

For purposes of administering the Shoreline Master Program, “feasible” means that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:

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

(2)    The action provides a reasonable likelihood of achieving its intended purpose; and

(3)    The action does not physically preclude achieving the project’s primary intended legal use.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.200 Fill.

“Fill” means the addition of any material, such as (by way of illustration) earth, clay, sand, rock, gravel, concrete rubble, wood chips, bark, or waste of any kind, which is placed, stored or dumped upon the surface of the ground resulting in an increase in the natural surface elevation. The physical structure of a shore stabilization structure shall not be considered fill. However, fill placed behind the structure is considered fill. Stream bed manipulation for irrigation diversions shall not be considered fill.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.205 Flood.

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

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.206 Flood Hazard Permit.

“Flood hazard permit” means written approval applied for and obtained in accordance with such rules and regulations as are established under this title.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.207 Flood Insurance Rate Map.

“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.208 Flood Insurance Study.

“Flood insurance study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.210 Floodplain.

“Floodplain” means a land area adjoining a river, stream, watercourse or lake which has been determined likely to flood. The extent of the floodplain may vary with the frequency of flooding being considered. “Floodplain” is synonymous with the one-hundred-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.215 Flood-prone.

“Flood-prone” means a land area for which a floodway and floodplain have not been determined with respect to any specific flood frequency, but for which the potential for flooding can be identified by information observable in the field such as soils or geological evidence, or by materials such as flood studies, topographic surveys, photographic evidence or other data.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.216 Flood-proofing.

“Flood-proofing” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damages to lands, water and sanitary facilities, structures and contents of buildings.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.220 Floodway.

“Floodway” means the regular channel of a river, stream, or other watercourse, plus the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.225 Floodway Fringe.

“Floodway fringe” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means that portion of a floodplain which is inundated by floodwaters but is not within a defined floodway. Floodway fringes serve as temporary storage for floodwaters.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.230 Forest Land.

“Forest land” means land primarily devoted to forest practices activities.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.240 Forest Practices.

“Forest practices” means activities conducted under federal forest practices approval or under a Forest Practices permit reviewed and approved by the Washington Department of Natural Resources pertaining to the management of forest land, including growing, managing, harvesting, and interim storage of merchantable timber for commercial value, as well as incidental activities reviewed under federal or state approval, such as road construction and maintenance (including bridges) and mining activities.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.250 Grade.

“Grade” means the vertical location of the ground surface. “Natural grade” is the grade as it exists or may have existed in its original undisturbed condition. “Existing grade” is the current grade in either its undisturbed, natural condition or as disturbed by some previous modification. “Rough grade” is a stage where grade conforms approximately to an approved plan. “Finish grade” is the final grade of the site which conforms to an approved plan.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.255 Grading.

“Grading” means any excavation, filling, or combination thereof.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.260 Groundwater.

“Groundwater” means water that occurs beneath the land surface, also called subsurface water or subterranean water. Groundwater includes water in the zone of saturation of a water-bearing formation.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.263 Hydrologically Related Critical Areas (HRCA).

“Hydrologically Related Critical Areas (HRCA)” include all those areas identified in section 16D.06.03, within Yakima County, which are important and deserving of protection by nature of their value for the functional properties found in Section 16D.06.05.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.266 Hyporheic.

“Hyporheic” means a groundwater area adjacent to and below channels where water is exchanged with channel water and water movement is mainly in the downstream direction.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.270 Intermittent Streams.

“Intermittent stream” means a stream which flows only during certain times of the year, with inputs from precipitation and groundwater, but usually more than 30 days per year. The groundwater association generally produces an identifiable riparian area. This definition does not include streams that are intermittent because of irrigation diversion or other manmade diversions of the water.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.275 Lake or Pond.

“Lake or pond” means an inland body of standing water. The term includes the reservoir or expanded part of a river behind a dam.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.281 Lowest Floor.

“Lowest floor,” for purposes of administering Chapters 16D.05.20 through 16D.05.72, means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.282 Manufactured Home.

“Manufactured home” means a structure fabricated on a permanent chassis that is transportable in one or more sections; is designed to be used with or without a permanent foundation when connected to the required facilities; has sleeping, cooking, and plumbing facilities or any combination thereof; and is intended for human occupancy or is being used for residential purposes. Although Washington Administrative Code (WAC) and Yakima County Code Titles 13 and 19 separately define and distinguish between “manufactured home” and “mobile home” according to federal or state construction codes for such dwellings, the term “manufactured home” shall include “mobile home” for regulatory purposes under this chapter. The term shall not include “recreation vehicle,” “commercial coach,” “camping vehicle,” “travel trailer,” “park trailer,” “tip-out,” and any other similar vehicle which is not intended, designed, constructed or used for residential purposes for use as a single-family dwelling and is not otherwise labeled as a manufactured or mobile home under any federal or state law. For floodplain management purposes only under this chapter, park trailers, camping vehicles, travel trailers, tip-outs, and other similar vehicles shall be considered manufactured homes when placed on a site for greater than one hundred eighty days.

(Res. 80-2016 (Exh. A) (part), 2016; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.283 Manufactured Home Park or Subdivision.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale in accordance with YCC Title 19 of this code.

(Res. 80-2016 (Exh. A) (part), 2016; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.284 Manufactured Home Park or Subdivision, Existing.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 1, 1995, the effective date of these floodplain management regulations.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.285 Minerals.

“Minerals” means gravel, sand and metallic and nonmetallic substances of commercial value.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.290 Mining.

“Mining” means the removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc. Also see Dredging and Excavation (16D.06.20). Also see introduction to Appendix B.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.295 Native.

“Native” means indigenous to, or originating naturally within, Yakima County.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.300 Natural Conditions.

“Natural conditions” means those conditions which arise from or are found in nature and not modified by human intervention; not to include artificial or manufactured conditions.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.302 New Construction.

“New construction” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means structures for which the start of construction commenced on or after June 5, 1985, the date Yakima County enacted Ordinance 3-1985 in order to meet the requirements of the National Flood Insurance Program. October 1, 1995, the effective date of the amended ordinance codified in this title shall be used for defining the term new construction as it applies to all other critical areas requirements established under Title 16A by Ordinance 8-1995.

(Ord. 10-2019 (Exh. 1) (part), 2019: Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.303 Nonconforming Structure.

“Nonconforming structure” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means a structure which was legally constructed prior to October 1, 1995, the effective date of this title, but which would not be permitted as a new structure under the terms of this title because the structure is not in conformance with the applicable elevation and/or flood-proofing requirements.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.304 Nonconforming Use.

“Nonconforming use” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means the use of a building, structure or land which was lawfully established, existing and maintained at the effective date of provisions of this title but which, because of the application of this title to it, no longer conforms to the use or applicable elevation and/or flood-proofing requirements of this title and which would not be permitted as a new use under the terms of this title.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.305 Ordinary High Water Mark (OHWM).

“Ordinary high water mark” means that mark on lakes and streams which 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 ordinary years, as to mark upon the soil a character distinct from that of the abutting upland.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.310 Perennial Stream.

“Perennial stream” means a stream that flows year round in normal water years. Groundwater is a source of much of the water in the channel.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.320 Project Site.

“Project site” means that portion of any lot, parcel, tract, or combination thereof which encompasses all phases of the total project proposal.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.321 Qualified Professional.

“A qualified professional” shall meet the following criteria:

(1)    A qualified professional for wetlands must have a bachelor’s degree or higher in biology, ecology, soil science, botany, or a closely related field, and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest.

(2)    A qualified professional for stream corridors must have a bachelor’s degree or higher in wildlife biology, ecology, fisheries, or closely related field, and a minimum of five years professional experience related to the subject species/habitat type.

(3)    A qualified professional for geologically hazardous areas and preparation of geotechnical reports must be a professional engineering geologist or civil engineer, licensed in the state of Washington.

(4)    A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist, or environmental engineer licensed in the state of Washington.

(5)    A qualified professional for channel migration zone reports must be a professional engineering geologist, civil engineer or geologist licensed in the state of Washington, with a minimum of five years of professional experience in geomorphology.

(6)    A qualified professional for flood studies must be a professional engineering geologist or civil engineer licensed in the state of Washington.

(7)    A qualified professional for economic studies must have a bachelor’s degree or higher in economics or business administration with 5 years of professional experience. The five-year standard shall be waived for professionals with a PhD degree.

(8)    A qualified professional for habitat assessments and habitat management plans must have a bachelor’s degree or higher in biology and professional experience related to the subject species or habitat.

(9)    Or other person/persons with experience, training, expertise and related work experience appropriate for the relevant critical area subjects determined acceptable to the administrative official.

(Res. 54-2010 § 4 (Att. C § 2), 2010; Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.322 Recreation Vehicle.

“Recreation vehicle” means a vehicle which is:

(1)    Built on a single chassis;

(2)    Four hundred square feet or less when measured at the largest horizontal projection;

(3)    Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)    Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.325 Restore.

“Restore” means to re-establish the basic functional properties listed in Section 16D.06.05 that have been lost or destroyed through natural events or human activity. This may be accomplished through measures including but not limited to re-vegetation, removal of intrusive structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the site to aboriginal or pre-European settlement conditions.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.330 Revetment.

“Revetment” means a facing placed on a bank or bluff to protect a slope, embankment, or shore structure against erosion by wave action or currents.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.335 Riparian Vegetation.

“Riparian vegetation” means the terrestrial vegetation that grows beside rivers, streams, and other freshwater bodies and that depends on these water sources for soil moisture greater than would otherwise be available from local precipitation.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.340 Riprap.

“Riprap” means a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.345 Scour.

“Scour” means the removal of underwater material by waves and currents, especially at the base or toe of a shore stabilization structure.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.355 Shoreline.

For purposes of administering the Shoreline Master Program, “shoreline” means those water areas, the associated features, and the land areas within Yakima County that are subject to the State Shoreline Management Act, especially as defined in RCW 90.58.030 (definitions), and as further identified in 16D.10.03 (Shoreline Jurisdiction).

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.360 Shore Stabilization.

“Shore stabilization” means the construction or modification of bulkheads, retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and other structures along the shore, for the purpose of controlling stream undercutting, stream erosion or lake shore erosion.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.363 Single Improved Recreational Vehicle Site.

For purposes of administering the Shoreline Master Program, “single improved recreational vehicle site” means a site on which a recreational vehicle, as defined in 16D.02.322, may be parked with minimal services (such as electricity, well and septic system), without a garage or carport, and without large accessory buildings (small detached storage sheds or accessory structures totaling 120 square feet or less may be allowed). Recreational vehicle sites not meeting these criteria are considered single-family residences.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.365 Slope.

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

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.366 Solid Waste.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, wood waste, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. Solid waste shall not include earth, clay, sand or gravel.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.367 Special Flood Hazard Areas.

“Special flood hazard area” means the land in the floodplain identified by the Federal Emergency Management Agency, that is subject to a one-percent or greater chance of flooding in any given year; commonly known as the 100-year floodplain.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.368 Start of Construction.

“Start of construction,” for purposes of administering Chapters 16D.05.20 through 16D.05.72, means the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. “Permanent construction” does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garage, or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the “start of construction” includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park, “start of construction” means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks, “start of construction” is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.370 Stream.

“Stream” means water contained within a channel, either perennial, intermittent or ephemeral. Streams include natural watercourses modified by man, for example, by stream flow manipulation, channelization, and relocation of the channel. They do not include irrigation ditches, wasteways, drains, outfalls, operational spillways, canals, stormwater runoff facilities, or other artificial watercourses.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.380 Stream Corridor.

“Stream corridor,” as used in this title, means those features listed and described in Chapter 16D.06.03 and related appendices to this title.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.390 Structure.

“Structure” means anything constructed or erected which requires location on the ground, or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height. The term also includes gas or liquid storage tanks when located principally above ground.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.395 Substantial Improvement.

“Substantial improvement” for purposes of administering Chapters 16D.05.20 through 16D.05.72 means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the assessed value of the structure either:

(1)    Before the improvement or repair is started; or

(2)    Before the damage occurred to a structure that has been damaged and is being restored.

For the purposes of this definition “substantial improvement” occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The total value of all improvements to an individual structure undertaken subsequent to October 1, 1995, the effective date of this title, shall be used to define “substantial improvement” for said structure. The term does not, however, include either:

(1)    Any project for improvement to a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2)    Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.400 Use.

“Use” means the activity to which land or a building is devoted and for which either land or a building is or may be occupied or maintained.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.415 Vegetative Buffer or Buffer.

“Vegetative buffer” or “buffer” means an area extending landward from the ordinary high water mark of a lake or stream and/or from the edge of a wetland which is maintained or otherwise allowed to provide, under optimal conditions, adequate soil conditions and native vegetation for the performance of the basic functional properties of a stream corridor, wetland and other hydrologically related critical areas as set forth in Chapter 16D.06.05 (Functional Properties) and 16D.07.04 (Wetland Functions and Rating). It is understood that optimal conditions do not always exist due to degradation of the vegetative buffer before establishment of this title, or due to colonization by non-native species. Such conditions still provide functional properties, though at a lower level, depending on the difference from natural conditions.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.425 Wetland.

“Wetland” or “wetlands” means that area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does 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. However, wetlands may include those artificial wetlands specifically intentionally created from nonwetland areas to mitigate conversion of wetlands.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.430 Wildlife.

“Wildlife” means all species of the animal kingdom whose members exist in Washington in a wild state. The term “wildlife” includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term “wildlife” does not include feral domestic mammals or the family Muridae of the order Rodentia (Old World rats and mice).

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.435 Wildlife Habitat.

“Wildlife habitat” means areas which, because of climate, soils, vegetation, relationship to water, location and other physical properties, have been identified as of critical importance to maintenance of wildlife species.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.02.440 Works.

“Works” means any dam, wall, wharf, embankment, levee, dike, berm, pile, bridge, improved road, abutments, projection, excavation, channel rectification, or improvement attached to, or affixed upon, the realty.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).