For the purposes of this chapter, the following definitions shall apply:
“Active channel”means the portion of a stream channel defined by the lower limit of continuous riparian vegetation, and it may be delineated by absence of both moss on rocks and rooted vegetation. The upper most elevation of the active channel is sometimes equated with the ordinary high-water mark.
"Alteration"means any human induced change to, addition to, or modification of an existing condition, structure, or use of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that changes the character of the critical area.
"Anadromous fish"means fish, such as wild salmon, that spawn and rear in fresh water and mature in the marine environment.
"Applicant"means any person, party, firm, corporation, or other entity which applies for a development proposal, permit or approval subject to review under this chapter.
"Application"means the completed form or forms and all accompanying documents, exhibits, and fees required of an applicant for review and approval to conduct an activity or use as required and permitted in this chapter.
"Aquifer"means, generally, any water-bearing soil or rock unit. Specifically, a body of soil or rock that contains sufficient saturated permeable material to conduct ground water and yield economically significant quantities of ground water to wells or springs.
"Aquifer susceptibility"means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area.
"Artificially created wetland"means wetlands created from nonwetland sites through purposeful, legally authorized human action, such as irrigation and drainage ditches, grass-lined swales, canals, retention or detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities.
"Base flood" or "100-year flood"means a flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the "100-year flood." The base flood is determined for existing conditions, and is shown on Flood Insurance Rate Maps (FIRM), current version; unless a more complete basin plan including projected flows under future developed conditions has been completed and adopted by the City of Mountlake Terrace, in which case these future flow projections shall be used. In areas where the flood insurance study for the City includes detailed base flood calculations, those calculations may be used.
"Best available science"means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC
365-195-900 through
365-195-925. Sources of the best available science are included in Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas published by the Washington State Department of Community, Trade and Economic Development.
means conservation practices or systems of practices and management measures that:
1. Controls soil loss and reduces water quality degradation caused by high concentrations of nutrients, animal waste, toxins, and sediment;
Minimizes adverse impacts to surface water and ground water flow and circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;
Protects trees and vegetation designated to be retained during and following site construction, and uses native plant species appropriate to the site for revegetation of disturbed areas; and
Provides standards for proper use of chemical herbicides within critical areas.
"Buffer, critical area"means that area which surrounds and helps protect the functions and values of critical areas from adverse impacts, minimizes public safety risks, and/or may provide wildlife habitat integrally related to the critical area. The purpose of the buffer shall be to protect the integrity, function and value of the subject critical area (wetlands, streams, and wildlife habitat areas), and/or to protect life, property and resources from risks associated with development on unstable or critical lands (geologic hazard areas, flood hazard areas, aquifer recharge). Buffers shall typically consist of an undisturbed area of native vegetation.
"Building setback"means an area that begins at the outermost edge of a critical area buffer which shall not contain a building or structure of such size, individually or cumulatively, as to require issuance of a building permit. Building/structure overhangs not more than 24 inches may extend into the required building setback.
“Channel migration zone” (CMZ)means areas in a floodplain where a stream or river channel can be expected to move naturally over time in response to gravity and topography. It includes the land adjacent to the current river channel that is at high risk of occupation by the channel within the next 100 years. All areas separated from the active channel by a legally existing artificial structure(s) that is publicly maintained and likely to restrain channel migration, including transportation facilities, built above or constructed to remain intact through the 100-year flood, shall not be considered to be in the channel migration zone. Areas behind natural or manmade features which limit channel migration that allow fish passage shall not be included in the channel migration zone.
"City"means the City of Mountlake Terrace.
"Clearing"means the removal of timber, brush, grass, ground cover or other vegetative matter from a site which exposes the earth's surface of the site, or any actions which disturb the existing ground surface.
"Comprehensive Plan"means the City of Mountlake Terrace Comprehensive Plan as now adopted or hereafter amended.
"Conservation easement"means a legal agreement that the property owner enters into to restrict uses of the land, providing permanent or long-term protection that is granted to the City or a nonprofit entity (e.g., land trust) to enable the City to protect a critical area and associated buffer from use and development that is inconsistent with this chapter.
"Contaminant loading potential"means the availability within an aquifer recharge area of any potential physical, chemical, biological, or radiological substance that enters the hydrological cycle and may cause a deleterious effect on ground water resources.
"Creation"means the purposeful and legally authorized construction or forming of a wetland or stream from an upland (nonwetland or dry) site through artificial means. See also "Mitigation, compensatory."
"Critical aquifer recharge areas"are 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 area report"means a report prepared by a "qualified professional" (as that term is defined in this section) to determine the presence, type, class, size, function and/or value of an area and mitigation and monitoring of impacts subject to these regulations.
"Critical area tract"means land held in private ownership and retained in an open condition in perpetuity for the protection of critical areas.
"Critical areas"means any of the following areas or ecosystems: wetlands, critical aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas, and as defined in Chapter
36.70A RCW and this chapter.
means lands or areas underlain by soils identified by the U.S. Department of Agriculture Natural Resource Conservation Service as having “severe” or “very severe” erosion hazards.
"Critical facility"means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.
"Critical geologic hazard areas"means lands or areas subject to high or severe risks of geologic hazard, including critical erosion hazard areas, critical landslide hazard areas, and critical seismic hazard areas.
"Department"means the City of Mountlake Terrace Community and Economic Development Department, or successor agency, unless the context indicates otherwise.
"Development"means any human-made change to real estate including, but not limited to, buildings or other structures, grading, dredging, filling, paving, mining, excavation, drilling, or storage of equipment and materials, or any other activity of a temporary or permanent nature which results in the removal of vegetation or in the alteration of natural site characteristics.
"Director"means the Director of the City of Mountlake Terrace Community and Economic Development Department, or his/her designee.
“Ecosystem functions”means the products, physical and biological conditions, and environmental qualities of an ecosystem that result from interactions among ecosystem processes and ecosystem structures. Ecosystem functions include, but are not limited to, sequestered carbon, attenuated peak streamflow, aquifer water level, reduced pollutant concentrations in surface and ground waters, cool summer in-stream water temperatures, and fish and wildlife habitats.
“Ecosystem values”means the cultural, social, economic, and ecological benefits attributed to ecosystem functions.
"Emergency"means that there exists an immediate threat to public health, safety, or welfare, or that the circumstances pose an immediate risk of damage to private property and require remedial or preventative action in a time frame too short to allow for compliance with the standard procedural requirements of this chapter.
"Enhancement"means the improvement of an existing viable wetland, stream or habitat area or the buffers established for such areas, through such measures as increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, increasing structural diversity or removing plant or animal species that are not indigenous to the area. Enhancement also includes actions performed to improve the quality of an existing degraded wetland, stream or habitat area. See also "Restoration."
"Erosion"means a process whereby wind, rain, water and other natural agents mobilize and transport soil particles.
"Erosion control"means on-site and off-site control measures needed to control conveyance or deposition of earth, turbidity or pollutants during development, construction, or restoration. Erosion control may be temporary or permanent.
"Erosion hazard areas"are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include channel migration zones. Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils.
"Excavation"means the removal or displacement of earth material by human or mechanical means.
"Exotic"means any species of plant or animal that is foreign and not indigenous to the Mountlake Terrace area including non-native invasive species from other regions of the conterminous United States.
"Filling"means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any surface water body or wetland, soil surface, sediment surface, or other fill material.
"Fish and wildlife habitat conservation areas" (FWHCAs)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. "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those areas found to be locally important by counties and cities. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.
“Fish habitat”means the habitat used by any fish at any life stage at any time of the year, including potential habitat likely to be used by fish which could be recovered by restoration or management and includes off-channel habitat.
"Flood hazard areas"means those areas subject to inundation by the base flood. A flood hazard area consists of the floodplain, flood fringe, and floodway.
"Flood Insurance Rate Map (FIRM)"means the official map prepared as part of (but published separately from) the Flood Insurance Rate Study on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the applicable risk premium zones.
"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.
"Floodplain"means the total area adjoining a river, stream, watercourse, or lake subject to inundation by the base flood.
"Floodway"means the channel of the stream or river and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. It is generally associated with rapidly flowing water.
"Frequently flooded areas"are lands in the floodplain subject to at least a 1% or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface, and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the Director in accordance with WAC
365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program (NFIP).
means legally established development blocks the protective measures that a buffer provides and increasing the buffer of the far side of the development would add no protective benefit. Functionally disconnected buffers can be created by significant developments, public infrastructure such as paved roads and railroads, and private development. Functionally disconnected buffers typically do not include trails, minor accessory structures, paths, driveways serving a single unit residence.
"Functions and values" or "functions"means 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; educational opportunities; and recreation.
"Geologic hazard areas"means those areas that because of their susceptibility to erosion, landsliding, earthquake, or other geological events, may not be suited to siting commercial, residential or industrial development consistent with public health or safety concerns.
"Grading"means any excavating, filling, clearing, leveling, or contouring or any combination thereof of the ground surface by human or mechanical means.
“Habitat assessment”means a written document that describes a project, identifies and analyzes the project’s impacts to habitat for species discussed in the “Endangered Species Act – Section 7 Consultation Final Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Implementation of the National Flood Insurance Program in the State of Washington, Phase One Document – Puget Sound Region,” and provides an effects determination.
“Habitat corridor”means corridors set aside and protected for preserving connections between habitats on development proposal sites that contain streams and/or wetlands with a moderate to high habitat score greater than or equal to six on the Washington State Wetland Rating System for Western Washington (Department of Ecology 2014 or as revised) that are located within 200 feet of an on-site or off-site stream and/or wetland with a moderate to high habitat score greater than or equal to six on the Washington State Wetland Rating System for Western Washington. Fish and wildlife habitat corridors do not increase stream buffers, except as required to provide a connection between two features as described above.
"Habitat management"means management of land and its associated resources/features to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases.
"Hazard areas"means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.
"Hazard tree"means a tree or tree part that is structurally unsound and has a high likelihood of failure and causing damage or injury and is therefore a threat to life, property, or public safety.
"High impact land use"means land uses which are likely to have significant adverse impacts to critical areas because of the intensity of the use, levels of human activity, use of machinery or chemicals, site design or arrangement of buildings and structures. High impact land uses include, but are not limited to, active recreation, residential, institutional, commercial, and industrial land uses.
"Hydrologically isolated"means wetlands which: (1) have no surface water connection to a lake, river, or stream during any part of the year; (2) are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and (3) have no contiguous hydric soil between the S and any lake, river, or stream. May also be a pond excavated from uplands with no surface water connection to a stream, lake, or other wetland.
“Imminent hazard tree”means hazard tree that presents an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the standard procedural requirements of this chapter.
"Intentionally created streams"means streams created through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed, pursuant to City authorization, such as changes or redirection of stream channels.
"Landslide"means episodic downslope movement of a mass of soil or rock.
"Landslide hazard areas"means lands or areas where there is a moderate (Class II), high (Class III) or very high (Class IV) risk of landslide due to a combination of slope, soil permeability and water.
"Landslide hazard areas"means areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.
“Low impact development”means a stormwater and land use management strategy that strives to mimic natural hydrologic conditions by emphasizing the pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration.
"Low impact land use"means land uses which are not likely to have significant adverse impacts to critical areas because of the intensity of the use, levels of human activity, use of machinery or chemicals, site design or arrangement of buildings and structures. Depending on the specific context, examples of low impact land uses may include utility facilities and passive recreation.
"Mitigation" or "compensatory mitigation"means to replace project or activity-induced losses or impacts to critical area or buffers, and includes, but is not limited to, restoration, creation, preservation or enhancement. (See also separate definitions.)
1. RestorationActions performed to reestablish wetland, stream or other critical area functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of that critical area.
2. CreationActions performed to intentionally establish a wetland, stream or other critical area at a site where it did not formerly exist.
3. PreservationActions taken to ensure the permanent protection of existing, high-quality wetland, stream or other critical area.
4. EnhancementActions performed to improve the condition of existing degraded wetland, stream or other critical area so that the functions they provide are of a higher quality.
"Mitigation, out-of-kind" or "out-of-kind mitigation"means to replace a critical area, buffer and their functions away from the site on which a critical area has been impacted with a substitute critical area, buffer or function whose characteristics do not closely approximate those adversely affected, destroyed or degraded by an allowable use or activity.
"Mitigation sequencing"means to consider and/or perform mitigation actions in a priority or sequential order from avoidance to compensation, as defined by this chapter.
"Monitoring"means the collection and analysis of data by various methods for the purposes of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data, evaluating the impacts of development proposals on the biological, hydrologic and geologic elements of such systems and assessing the performance of required mitigation measures.
"MTMC"means Mountlake Terrace Municipal Code.
"Native vegetation"means vegetation existing on a site or plant species which are or were indigenous to the area in question.
"No net loss of critical areas"refers to the actions taken to achieve and ensure no overall reduction in existing ecosystem functions and values or the natural systems constituting the protected critical areas. This may involve fully offsetting any unavoidable impacts to critical area functions and values. This principle does not apply to critical aquifer recharge areas.
The concept of "net" as used herein, recognizes that any development has potential or actual, short-term or long-term impacts and that through application of appropriate development standards and employment of mitigation measures in accordance with the mitigation sequence, those impacts will be addressed in a manner necessary to assure that the end result will not diminish the critical area resources and functions as they currently exist. |
means (1) 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 (Washington Department of Ecology 2016). (2) That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas (U.S. Army Corps of Engineers, 2014).
"Permit, critical area"means any authorization to proceed with an activity, action, or use in a critical area or buffer. An authorization may consist of an approved land use, building, or other type of construction, permit.
"Priority habitat"means habitat areas associated with threatened, endangered, sensitive, monitor or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are identified herein with reference to lists, categories and definitions of species promulgated by the Washington Department of Fish and Wildlife (Nongame Data System Special Animal Species) as identified in WAC
232-12-011 or
232-12-014; in the priority habitat and species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service.
means important fish and wildlife species and habitats as determined by the Washington State Department of Fish and Wildlife. Priority habitats include endangered, threatened, sensitive, candidate, and vulnerable species and habitats deemed priorities of WDFW and reflective of best available science.
"Priority species"means a fish or wildlife species requiring protective measures and/or management actions to ensure its survival. A priority species fits one or more of the following criteria (WDFW Priority Habitats and Species List):
1. Is a State-listed endangered, threatened, sensitive, or candidate species;
Has vulnerable aggregations; or
Is of recreational, commercial, and/or tribal importance.
Those species that are so identified by the Washington Department of Fish and Wildlife due to their population status and their sensitivity to habitat manipulation. Priority species include those which are state-listed endangered, threatened, sensitive and candidate species; animal aggregations considered vulnerable; vulnerable species of recreational, commercial or tribal importance; as well as other species of concern and game species. |
means an individual with relevant education and training in arboriculture or urban forestry, having one or more of the following credentials:
1. International Society of Arboriculture (ISA) Certified Arborist;
Tree Risk Assessor Qualification (TRAQ) as established by the ISA (or equivalent);
American Society of Consulting Arborists (ASCA) registered Consulting Arborist;
Society of American Foresters (SAF) Certified Forester for Forest Management Plans; and
Board Certified Master Arborist as established by the ISA.
A qualified arborist must have the TRAQ or equivalent qualification to submit tree risk assessment reports related to hazard tree removal. |
For purposes of this chapter, "qualified professional" shall mean a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g., biology, ecology or horticulture/arboriculture for wetlands, streams and wildlife habitat and significant vegetation, geology and/or civil engineering for geologic hazards and critical aquifer recharge areas), and/or who is professionally trained and/or certified or licensed by the state of Washington to practice in the scientific disciplines necessary to identify, evaluate, manage and mitigate impacts to the critical area in question and who has at least two years of experience in the relevant discipline. In addition, for a critical aquifer recharge area hydrogeologic report, a qualified professional is someone who is a currently licensed Washington State geologist holding a current specialty license in hydrogeology.
“Qualified wetland professional”means a person with professional wetland experience that meets the following criteria:
1. A Bachelor of Science or Bachelor of Arts or equivalent degree in hydrology, soil science, botany, ecology, resource management, or related field, or four years of full-time work experience as a wetland professional may substitute for a degree, and
At least two additional years of full-time work experience as a wetland professional; including delineating wetlands, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans, and
Completion of additional wetland-specific training programs. This could include a more comprehensive program such as the University of Washington Wetland Science and Management Certificate Program or individual workshops on topics such as wetland delineation, function assessment, mitigation design, hydrophytic plant or hydric soil identification.
A person certified as a Professional Wetland Scientist through the Society of Wetland Scientists professional certification program meets the above criteria. |
means an active or passive enjoyable outdoor leisure activity.
1. Active recreation – Outdoor recreational activity that may require development of facilities, and can have a high impact on critical areas, such as larger group activities, organized sports, playground activities, and the use of motorized equipment.
Passive recreation – Nonconsumptive recreation, education, and scientific research activities that are smaller scale with low impact to critical areas including, but not limited to, interpretive field trips, fishing, hiking, canoeing, kayaking, and bird or wildlife watching.
"Redevelopment"means development of a site that contains or has contained real estate improvements such as, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, or excavation.
"Regulated activity"means activities that have a potential to significantly impact a critical area that is subject to the provisions of this chapter. Regulated activities generally include but are not limited to any filling, dredging, dumping or stockpiling, draining, excavation, flooding, clearing or grading, construction or reconstruction, driving pilings, obstructing, shading, clearing or harvesting.
"Restoration"means to reestablish critical area functional values and characteristics, to its unaltered state, prior to being destroyed or degraded by past alterations activities, past management activities, or catastrophic events, as closely as possible. Commonly applies, but is not limited to, to active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration. (See also "Mitigation, compensatory" and "Enhancement.")
"Riparian habitat"means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other.
"Seismic hazard areas"means areas that, due to a combination of soil and ground water conditions, are subject to risk of damage as a result of earthquake-induced ground shaking, slope failure, subsidence or liquefaction of soils.
"Significant tree"means a healthy coniferous or deciduous tree, eight inches in diameter or greater, measured at diameter breast height (DBH) for a deciduous tree; and at least seven feet in height for a coniferous tree.
"Site"means the location containing a regulated critical area and on which a regulated activity is proposed. The location may be a parcel or portion thereof, or any combination of contiguous parcels where a proposed activity may impact a critical area.
"Slope"means an inclination of the earth's surface expressed as the ratio of horizontal distance to vertical distance.
"Slope, steep"means a slope of 40% or more within a vertical elevation change of at least 10 feet. For the purpose of this definition, a slope is delineated by establishing the "toe" and "top" of slope, as defined by this section, and is measured by averaging the inclination over at least 10 feet of elevation difference. See "Landslide hazard areas."
“Stream buffer”means a designated area contiguous or adjacent to a stream that is required for the continued maintenance, function, and structural stability of the stream. Functions of a buffer include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, pollution control, protection from intrusion, or maintenance of wildlife habitat.
"Streams"means those areas where surface waters produce a defined channel or bed. A "defined channel or bed" is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year-round. This definition is not intended to include artificially created irrigation ditches, canals, storm or surface water devices or other entirely artificial watercourses unless they are used by salmonids or created for the purposes of stream mitigation.
"Structural diversity, vegetative"means the relative degree of diversity or complexity of vegetation in a wildlife habitat area as indicated by the stratification or layering of different plant communities (e.g., ground cover, shrub layer and tree canopy); the variety of plant species; and the spacing or pattern of vegetation.
"Substantial improvement"means any repair, reconstruction or improvement the cost of which, during any three-year period, is more than 50% of the market value of the structure either:
1. Before the improvement is started; or
Before the damage occurred if the structure damaged is being replaced. An improvement occurs when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. Substantial improvement does not include:
a. An improvement undertaken solely to comply with existing state or local health, sanitary or safety code specifications which are necessary to assure safe conditions; or
Alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
"Substrate"means the soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland, lake, stream or river.
"Toe" or "toe of slope"means a distinct topographic break in slope that separates slopes inclined at less than 40% from slopes inclined at 40% or more. Where no distinct break exists, the "toe" of a slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet.
"Top" or "top of slope"means a distinct topographic break in slope that separates slopes inclined at less than 40% from slopes inclined at 40% or more. Where no distinct break exists, the "top" of a slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet.
"Utility"includes natural gas, electric, telephone and telecommunications, cable communications, water, sewer, or storm drainage and their respective facilities, lines, pipes, mains, equipment and appurtenances.
"Variance"means an adjustment in the application of the specific provisions of this chapter to a particular piece of property which, because of a unique physical character or condition, is deprived of privileges commonly enjoyed by other properties in similar circumstances.
"Water-dependent use"means a principal use which can only exist when the land/water interface provides biological or physical conditions necessary for the use.
"Wellhead protection area (WHPA)"means protective areas associated with public drinking water sources established by water systems and approved or assigned by the state department of health.
"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. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.
Wetland Classification.Wetland classifications shall incorporate the Washington State Wetlands Rating System for Western Washington (Department of Ecology 2014 Update Publication No. 23-06-009 or as revised).
"Wetlands mitigation bank"means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to wetlands or other aquatic resources are typically unknown at the time of certification to compensate for future, permitted impacts to similar resources.
"Wildlife habitat"means areas including naturally occurring ponds that provide food, protective cover, nesting, loafing, breeding or movement for fish and wildlife and with which individual species have a primary association.
(Ord. 2731 § 2 (Exh. A), 2018; Ord. 2747 § 5, 2019; Ord. 2902, 12/18/2025)
