A. "Act." "Accessory structure." "Agriculture." "Amendment." "Approval." "Appurtenance." "Aquaculture." "Artisan/craftsperson." "Associated wetlands." "Average grade level."
19.10.010.A.
The "Act" is the Washington State Shoreline Management Act of 1971, as amended, RCW 90.58.
An "accessory structure" is a subordinate building or use incidental to the use of the main building or use.
"Agriculture" refers to agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops conducting agricultural operations; and maintaining agricultural lands under production or cultivation;
An "amendment" is a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.
An "approval" is an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to Ecology for review and official action pursuant to this chapter; or an official action by Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program.
An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage, deck, driveway, utilities, fences, installation of a septic tank and drainfield and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program.
"Aquaculture" refers to the farming or culture of food fish, shellfish, or other aquatic plants or animals in freshwater or saltwater, and may include development such as structures, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of wildstock geoduck on state-owned lands. Wildstock geoduck harvest is a fishery. Aquaculture does not include recreational shellfish harvesting for personal use and consumption; harvesting for educational projects; or improvements of habitats.
"Artisan/craftsperson" are commercial activities that may have industrial characteristics such as noise, vibrations, odors, use of mechanical equipment or material storage, but provide public involvement or public access to unique artistic, crafts, or heritage skills. Examples include glass blowing, wooden boat building or restoration, pottery, and artist studios and schools.
"Associated Wetlands" are those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake, stream or river subject to the Shoreline Management Act.
"Average grade level" is 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.
B. "Barge." "Base flood elevation." "Bedlands." "Biodiversity areas." "Biodiversity corridors." "Bioengineering." "Boat." "Boat lift." "Boating facilities." "Boat house." "Breakwater." "Buffer." "Building." "Bulkhead." "Buoy."
19.10.010.B.
"Barge" means a low draft, flat-bottomed boat or vessel used chiefly for the transport of goods and materials. Basic barges have uncovered (open) tops and are either pushed or towed. A "house barge" is a barge that has been converted or constructed for residential use with living quarters.
"Base Flood Elevation" means the elevation above mean sea level as calculated by reference to the National Geodetic Vertical Datum (NGVD) of floodwaters in a particular area during floods having a one (1) percent chance of occurring in any given year. Base flood elevation is shown on the latest version of the FIRM (Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map).
"Bedlands" are those submerged lands, including tidelands where appropriate, underlying navigable waters.
"Biodiversity Areas" include those areas that contain native vegetation that is diverse with a mosaic of habitats and microhabitats. They include areas dominated by a vertically diverse assemblage of native vegetation containing multiple canopy layers and/or areas that are horizontally diverse with a mosaic of habitats and microhabitats. They also include areas with rare or uncommon plant species and associations designated by the City or identified by Federal and State agencies such as the Department of Natural Resources Heritage Program. They are not associated with a specific priority species and their overall habitat function may be limited due to their location in a highly urbanized area; however, they are diverse relative to other areas in the City and support common urban species.
"Biodiversity Corridors" are areas of relatively undisturbed and unbroken tracts of vegetation that serve as a corridor connecting Biodiversity Areas, other Priority Habitat and Critical Areas, including shorelines, the absence of which would prevent movement of common urban species between the two areas.
"Bioengineering" refers to project designs or construction methods which use living plant material or a combination of living plant material 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 fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation.
See definition under "Vessel."
A "boat lift" is a mechanical device that can hoist vessels out of the water for storage and place vessels into the water. These devices are usually located along a pier.
"Boating facilities" are marinas, including foreshore and backshore types, dry storage and wet-moorage types, covered moorage, boat launches, and marine travel lifts. For purposes of the Shoreline Master Program, boating facilities excludes docks serving four or fewer single-family residences.
A "boat house" is a covered moorage that includes walls and a roof to protect the vessel.
A "breakwater" is an offshore structure that is generally built parallel to shore that may or may not be connected to land, and may be floating or stationary. Their primary purpose is to protect harbors, moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A secondary purpose is to protect shorelines from wave caused erosion.
A "buffer" means the area adjacent to a critical area and/or marine shoreline that is required for the continued maintenance, function, and/or structural stability of the critical area and/or marine shoreline. Buffer widths vary depending on the relative quality and sensitivity of the area being protected. Buffer areas are intended to be left undisturbed, or may need to be enhanced to support natural processes, functions, and values.
A "building" is any structure having a roof supported by columns or walls for the housing, shelter, or enclosure of persons, animals, or chattels; when separated by dividing walls without openings, each portion of such building so separated shall be deemed a separate building.
A "bulkhead" is a solid, open pile, or irregular wall of rock, rip-rap, concrete, steel, or timber or combination of these materials erected parallel to and near ordinary high water mark to provide a protective wall resistant to water and wave action.
"Buoys" are floating devices anchored in a waterbody for navigational purposes or moorage. See also "moorage buoy."
C. "Cargo terminal." "Chemical manufacturing."a. b. c. d. e. "City." "Cleaner fuels."a. b. c. d. e. f. "Cleaner fuel infrastructure – Expanded." "Cleaner fuel infrastructure – New." "Clearing." "Coal facilities." "Commercial." "Commercial fishing." "Conditional use." "Covered moorage." "Crime Prevention Through Environmental Design (CPTED)." "Critical saltwater habitat." "Cumulative impact."
19.01.010.C.
A "cargo terminal" is a facility in which quantities of bulk, roll on roll off or other goods or container cargo are stored without undergoing any manufacturing processes, transferred to other modes of transportation or stored outdoors in order to transfer them to other locations. Cargo terminals may include accessory warehouses, railroad yards, storage yards, support and fender pilings, cargo handling equipment and offices.
The production, processing, and wholesale distribution of chemicals and allied products, including:
"Production and processing."
Establishments primarily engaged in the transformation of organic and inorganic raw materials by a chemical process and the formulation of products. This subsector distinguishes the production of basic chemicals that comprise the first industry group from the production of intermediate and end products produced by further processing of basic chemicals that make up the remaining industry groups.
"Wholesaling."
Establishments primarily engaged in the merchant wholesale distribution of chemicals and allied products (except agricultural and medicinal chemicals, paints and varnishes, fireworks, and plastics materials and basic forms and shapes).
"Petrochemical manufacturing."
Establishments primarily engaged in (1) manufacturing acyclic (i.e., aliphatic) hydrocarbons such as ethylene, propylene, and butylene made from refined petroleum or liquid hydrocarbons, (2) manufacturing cyclic aromatic hydrocarbons such as benzene, toluene, styrene, xylene, ethyl benzene, and cumene made from refined petroleum or liquid hydrocarbons, and/or (3) manufacturing methyl alcohol (methanol) from natural gas, coal, or other petroleum based feedstock.
"Explosives manufacturing."
Establishments primarily engaged in manufacturing explosives.
"Fertilizer manufacturing."
Establishments primarily engaged in one or more of the following: (1) manufacturing nitrogenous or phosphatic fertilizer materials; (2) manufacturing nitrogenous or phosphatic materials and mixing with other ingredients into fertilizers; and (3) formulating and preparing pesticides and other agricultural chemicals.
These use classifications exclude uses that are otherwise defined herein as "Cleaner Fuels" and "Petroleum Fuel Facilities." |
"City" is the City of Tacoma, Washington.
"Cleaner Fuels" shall mean carbon-free fuels that generate no carbon emissions including green hydrogen, and the following:
Any credit generating fuel under the Washington State Low Carbon Fuel Standard (HB 1091 2021-2022) as determined by the Washington State Department of Ecology.
Any Biomass Renewable Fuels approved by the federal Environmental Protection Agency under the federal Renewable Fuel Standard (40 CFR Part 80).
Alcohol Fuels meeting the requirements of RCW 19.112 (1) as that statute exists or may hereafter be amended.
Alternative Fuels exclusively for the propulsion of motor vehicles upon the roads, which fuels meet the requirements of RCW 19.112 (2) as that statute exists or may hereafter be amended. Provided that the restrictions on petroleum including in gaseous form, and petroleum fuel facilities, shall apply to such Alternative fuels and all references to hydrogen in this chapter are limited to green hydrogen only.
The expansion of storage infrastructure including tankage constructed prior to effective date of this chapter to store petroleum, where the expansion of such petroleum storage infrastructure is for the sole purpose of blending petroleum with biomass and other cleaner fuels in the production of cleaner fuels.
New infrastructure for the production, storage, transportation and transshipment of Cleaner Fuels as defined herein, including infrastructure for blending biomass and other cleaner fuels with petroleum. New Cleaner Fuel Infrastructure shall not include new tankage for petroleum storage.
"Clearing" is the destruction or removal of logs, scrub shrubs, stumps, trees or any vegetative material by burning, chemical, mechanical or other means.
"Commercial" is a business use or activity at a scale greater than a home occupation or cottage industry involving retail or wholesale marketing of goods and services. Examples of commercial uses include restaurants, offices, and retail shops.
"Commercial fishing" is the activity of capturing fish and other seafood under a commercial license.
"Conditional uses" are uses, developments, or substantial developments which are classified as a conditional use or not classified within the Master Program.
"Covered moorages" are boat moorages, with or without walls, that have a roof to protect the vessel.
"CPTED" is an approach to planning and development that reduces opportunities for crime and liability and risk to the property owner. CPTED is part of a comprehensive approach to crime prevention. By emphasizing modifications to the physical environment it can reduce liability, and complement community-based policing and social programs that address some of the root causes of criminal behavior.
"Critical saltwater habitats" include all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sand lance; subsistence, commercial and recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association.
"Cumulative Impacts" are impacts on the environment which results from the incremental impacts of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.
D. "Department of Defense." "Department of Ecology." "Development." "Development regulations." "Dike." "Director." "Dock." "Document of record." "Dredging." "Dredging spoils." "Drift cell." "Driftway."
19.01.010.D.
The United States Department of Defense (“DOD”) and any subdivision including the Defense Logistics Agency.
The "Department of Ecology" is the Washington State Department of Ecology.
"Development" is an activity 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 may interfere with the normal public use of the surface of the waters overlying lands subject to the Shorelines Management Act of 1971 at any state of water level. Development does not include demolition involving only the dismantling or removal of structures if there is no other associated development or re-development.
"Development regulations" are the controls placed on development or land uses, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under RCW 90.58, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
A "dike" is an artificial embankment normally set back from the bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land.
The "Director" refers to the Director of the Planning and Development Services Department or his/her designee.
A "dock" is a place or structure that connects with the shore and provides access to a boat vessel from the land.
The "Document of record" is the most current shoreline master program officially approved or adopted by rule by Ecology for a given local government jurisdiction, including any changes resulting from appeals filed pursuant to RCW 90.58.190.
"Dredging" is the removal of earth, sand, sludge or other material from the bottom of a water body, by mechanical or hydraulic means.
"Dredging spoils" are the bottom materials obtained from dredging.
"Drift cell," "drift sector" or "littoral cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift.
"Driftway" means that portion of the marine shore process corridor, primarily the upper foreshore, through which sand and gravel are transported by littoral drift. The driftway is the essential component between the feeder bluff(s) and accretion shoreform(s) of an integral drift sector. Driftways are also characterized by intermittent, narrow berm beaches.
E. "Ecological functions." "Ecology." "Ecosystem-wide processes." "Educational facilities." "Emergency." "Enhanced SEPA review." "Environmental remediation." "Essential public facilities." "Exempt." "Extreme low tide."
19.01.010.E.
"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.
"Ecology" refers to the Washington State Department of Ecology.
"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.
"Educational facilities" means a building or place for teaching and learning; or for the acquisition, conservation, study, assembly and public display and/or exhibition, and educational interpretation of objects having historical, cultural, scientific, or artistic value such as a museum.
An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.
Additions to the standard SEPA review process and checklist for project proposals governed by this chapter to be promulgated and updated from time to time by the Director. Such additions to the SEPA review process and checklist shall include but not be limited to; a public meeting for a SEPA application, which occurs after SEPA determination that an application is complete but prior to issuance of a preliminary threshold determination; an expanded Notice Distribution List to include direct mailing to taxpayers and occupants, consistent with Land Use Permits; expanded Public Notification Distance for Direct Mailing to 2500’ from the Manufacturing and Industrial Center, consistent with Land Use Permits; expanded Notification Period and Comment Period for SEPA to 30 days for Consistency with Land Use Permits, and a supplemental checklist specific to SEPA review of fuel production and or chemical manufacturing. To ensure application of this Enhanced SEPA review, the City of Tacoma shall be SEPA lead agency for all fuel-related projects permitted under this chapter.
"Environmental remediation" consists of those actions taken to identify, eliminate, or minimize any threat posed by hazardous substances to human health or the environment. Such actions include any investigative, site remediation, and monitoring activities undertaken with respect to any release or threatened release of a hazardous substance.
"Essential public facilities" are broadly defined in RCW 36.70A.200 as being those types of facilities that are typically difficult to site. This definition includes but is not limited to, the following:
"Exempt" developments are those set forth in TSMP Section 19.02.030B (Exemptions from Substantial Development Permit) of this Program which are not required to obtain a Shoreline Substantial Development Permit but which must otherwise comply with applicable provisions of the act and the local master program.
"Extreme low tide" means the lowest line on the land reached by a receding tide.
F. "Fair market value." "Feasible."a. b. c. d. e. "Feeder bluff exceptional." "Fill." "Fixed-wing landing areas." "Float." "Floating home." "Floating on-water residence." "Flood hazard reduction." "Floodplain." "Floodway." "FLUPSY." "Footprint." "Forest land." "Forest practices."
19.01.010.F.
"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, for these purposes, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:
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;
The action provides a reasonable likelihood of achieving its intended purpose;
The action does not physically preclude achieving the project's primary intended legal use;
In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant; and,
In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short-and long-term time frames.
"Feeder Bluff Exceptional" means relatively rapidly eroding bluff segments identified by the presence of landslide scarps, bluff toe erosion, and a general absence of vegetative cover and/or portions of bluff face fully exposed. Other indicators included the presence of colluvium (slide debris), boulder or cobble lag deposits, and fallen trees across the beachface. Feeder bluff exceptional segments lack a backshore, old or rotten logs, and coniferous bluff vegetation.
"Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. Disposal of hazardous substances and other materials in conjunction with an environmental cleanup in accordance with State and Federal regulations is considered environmental remediation.
"Fixed-wing landing areas" means a cleared and paved area used for the takeoff and landing of fixed-wing aircraft.
"Float" means a fixed platform structure anchored in and floating upon a water body that does not connect to the shore, and that provides landing for water dependent recreation or moorage for vessels or watercraft, and that does not include above water storage.
A "floating home" is any vessel or any building constructed on a float, hull or barge, which is used in whole or in part as a residence. A vessel shall be considered a residence if used for overnight accommodation for more than 15 nights in a one-month period, or when the occupant or occupants identify the vessel or the facility where it is moored as the residence for voting, mail, tax, or similar purposes (see also "live-aboard vessel").
"Floating on-water residence" means any floating structure other than a floating home, as defined by this chapter: (a) that is designed or used primarily as a residence on the water and has detachable utilities; and (b) whose owner or primary occupant has held an ownership interest in space in a marina, or has held a lease or sublease to use space in a marina, since a date prior to July 1, 2014.
"Flood hazard reduction" means measures taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural or indirect measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, bioengineering measures, and storm water management programs; and of structural measures, such as dikes, levees, and floodwalls intended to contain flow within the channel, channel realignment, and elevation of structures consistent with the National Flood Insurance Program.
"Floodplain" is synonymous with the one hundred-year floodplain and refers to the land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.
"Floodway" means the area, as identified in a master program that has been established as such in effective federal emergency management agency (FEMA) flood insurance rate maps (FIRM) or floodway maps. The floodway shall not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.
"FLUPSY" is an acronym for a floating upweller system used for aquaculture seed nurseries.
"Footprint – building" means that area defined by the exterior walls of a structure.
"Forest land" means all land that is capable of supporting a merchantable stand of timber and is not being actively used, developed, or converted in a manner that is incompatible with timber production.
Forest practice means any activity conducted on or directly pertaining to forest land and relating to growing or harvesting of timber, or the processing of timber, including but not limited to: road and trail construction and maintenance; harvest, final and intermediate; pre-commercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.
G. "Geotechnical report." "Grading." "Green hydrogen." "Greenhouse gas emissions." "Greenhouse gas emissions – Facility emissions." "Greenhouse gas emissions – Lifecycle emissions." "Grey water." "Groin." "Guidelines."
19.10.010.G.
"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.
Hydrogen produced through electrolysis powered by renewable electricity, specifically including hydroelectric power.
Gases that trap heat in the atmosphere. "Greenhouse gas," "greenhouse gases," "GHG," and "GHGs" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or gases designated by the federal clean air act (United States Code Title 42, Chapter 85), state clean air act (Chapter 70.94 RCW) or state limiting greenhouse gas emissions law (Chapter 70.235 RCW).
Means greenhouse gas emissions associated with fossil fuel refineries, processing, or fossil fuel transshipment facilities based upon the refining and processing of fossil fuels located within the Port of Tacoma Manufacturing and Industrial Center.
The aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions), related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.
"Grey water" means wastewater generated by water-using fixtures and appliances such as sinks, showers, and dishwaters, but excluding the toilet.
A "groin" is a barrier structure extending from the shore to the water. It is used to interrupt lateral sediment movement along the shore.
"Guidelines" means those standards adopted by Ecology to implement the policy of RCW 90.58 for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria for local governments and Ecology in developing and amending master programs.
H. "Habitat improvement." "Harbor area." "Hazardous substances." "Hearings board." "Height." "Helicopter landing pad."
19.10.010.H.
"Habitat improvement" means any actions taken to intentionally improve the overall processes and functions of critical habitats, including wetland, stream, and aquatic habitats. Such actions may or may not be in conjunction with a specific development proposal, and include, but are not limited to, restoration, creation, enhancement, preservation, acquisition, maintenance, and monitoring.
"Harbor area" means the area of navigable tidal waters between the inner and outer harbor lines where established in front of and within one mile of the corporate limits of an incorporated city or town by the Board of Natural Resources acting as the State Harbor Lines Commission as established by Section 1 of Article XV of the Washington State Constitution. This area may be leased but never sold by the State, and must be reserved for the purpose of navigation and commerce.
"Hazardous substances" means those wastes designated by WAC 173-340-200, and regulated as hazardous substances by Ecology.
"Hearing[s] board" or "State Shorelines Hearings Board" means the shoreline[s] hearings board established by RCW 90.58. This is the hearings board established by the Shorelines Management Act of 1971 to decide appeals of cases involving shoreline substantial development permits, conditional uses, or variances.
"Height" is measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation.
"Helicopter Landing Pad" means a facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steep-gradient aircraft.
I. "Industrial use." "Inner harbor line." "In-stream structure."
19.10.010.I.
"Industrial use" is the production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials or production is considered part of the industrial process.
The "inner harbor line" is the line established by the State in navigable tidal waters between the line of ordinary high tide and the outer harbor line and constituting the inner boundary of the harbor area. This line determines the seaward extent of private ownership in tidal or shoreland areas (often corresponds to the "bulkhead line").
An "in-stream structure" is 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.
J. "Jetty."
19.10.010.J.
A "jetty" is a structure that is generally perpendicular to shore extending through or past the intertidal zone. Jetties are built singly or in pairs at harbor entrances or river mouths mainly to prevent shoaling or accretion from littoral drift in entrance channels, which may or may not be dredged. Jetties also serve to protect channels from storm waves or cross currents, and stabilize inlets through barrier beaches. Most jetties are of riprap mound construction.
K.
19.10.010.K.
L. "Lay-berth or lay-by berthing." "Live-aboard vessel."a. b. c. d. "Local government." "Log booming." "Log storage." "Lot frontage." "Low impact development (LID)."
19.10.010.L.
"Lay-berth or lay-by berthing" is the berthing of oceangoing ships of at least 300 feet in length, typically while awaiting deployment, repair and maintenance, and/or while awaiting a berth at a separate facility.
A "Live-aboard vessel" is a licensed vessel used primarily as a residence, and if used as a means of transportation or recreation, said transportation or recreation is a secondary or subsidiary use. Residence vessel shall be considered a residence if used for overnight accommodation for more than 15 nights in a one-month period, or when the occupant or occupants identify the vessel or the facility where it is moored as the residence for voting, mail, tax, or similar purposes. The following are the minimum requirements to qualify as a live-aboard vessel:
The delivery voyage from place of purchase to moorage location was made without assistance and the vessel is capable of navigating in open water without assistance;
The superstructure or deckhouse is constructed on neither a barge nor a float.
The hull design must meet U.S. Coast Guard standards for flotation, safety equipment, and fuel, electrical, and ventilation systems.
"Local government" is the City of Tacoma.
"Log booming" is placing logs into and taking them out of the water, assembling and disassembling log rafts before or after their movement in water-borne commerce, related handling and sorting activities taking place in the water, and the temporary holding of logs to be taken directly into a processing facility.
"Log storage" is the water storage of logs in rafts or otherwise prepared for shipment in water-borne commerce, but does not include the temporary holding of logs to be taken directly into a vessel or processing facility
"Lot frontage" is that portion of a lot abutting upon the lot line running parallel to and farthest landward of the ordinary high water mark.
"Low impact development" is a stormwater management strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. "LID" can include the following:
• | Permeable pavements; |
• | Vegetated roofs; |
• | Rainwater harvesting; and |
• | Bioretention areas (rain gardens). |
For further information, please refer to http://www.psp.wa.gov/downloads/LID/LID_manual2005.pdf. | |
M. "Maintenance dredging." "Marina." "Marine." "Maritime facility." "Master program." "May." "Mean higher high water." "Mining and quarrying." "Mitigation." "Mixed-use development." "Mixed-use facility." "Moorage." "Moored boat." "Mooring buoy." "Mooring buoy field." "Multifamily residential development." "Must."
19.10.010.M.
"Maintenance dredging" refers to dredging for the purpose of maintaining a prescribed minimum depth previously authorized by a federal, state, and/or local permit as part of any specific waterway project.
A "marina" is a water-dependent facility that provides launching, storage, supplies, moorage and other accessory services for five or more pleasure and/or commercial water craft.
"Marine" refers to tidally influenced waters, including oceans, sounds, straits, marine channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia and Juan de Fuca, and the bays, estuaries and inlets associated therewith.
A "maritime facility" is a facility which is open to the public and in which the primary activities relate to the commercial fishing industry; boat building and repair; or other maritime activities or the history thereof.
"Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020.
"May" means the action is acceptable, provided it conforms to the provisions of this Master Program.
"Mean Higher High Water" is the line on tidal beaches where the mean of the higher of each day's high tides has left a mark upon the beach distinctly separating the tidal area from adjoining uplands.
The Mining, Quarrying, and Oil and Gas Extraction sector comprises establishments that extract naturally occurring mineral solids, such as coal and ores; liquid minerals, such as crude petroleum; and gases, such as natural gas. The term mining is used in the broad sense to include quarrying, well operations, beneficiating (e.g., crushing, screening, washing, and flotation), and other preparation customarily performed at the mine site, or as a part of mining activity. This use category includes all industry sectors identified under NAICS Code 21 Mining, Quarrying, and Oil and Gas Extraction as well as surface mining as defined in TMC § 13.01.060S.
"Mitigation" is a negotiated action involving the avoidance, minimization, or compensation for possible adverse impacts.
"Mixed-use developments" are developments that combine water-dependent/ water-related uses with water-enjoyment uses and/or non-water-oriented uses. Mixed-use developments can be a tool for increased water-dependent activities, civic revitalization, and public access to the shoreline. To encourage mixed-use developments that achieve a public benefit, special provisions can be included in a master program that offer a potential developer incentives or more latitude than normal master program requirements. In return, the developer’s proposal must include elements that further the objectives of the Shoreline Management Act and benefit the public. Implicit in the concept of mixed-use provisions is that additional development incentives must be justified by increased and long-term public benefit resulting from the project and that the public benefit must relate to SMA objectives. Generally in mixed-use developments the water-oriented uses and non-revenue recreation uses are "subsidized" by the economic advantages of the other uses in the sense that the water-oriented uses could not be economically developed without support from viable non-water-oriented uses.
A "mixed-use facility" is a structure that combines non-water-oriented uses such as transient accommodations, residential units, or retail with one or more water-oriented uses in a manner that takes advantage of a shoreline location and which, as a general characteristic of the use, provides shoreline recreational and aesthetic enjoyment for a substantial number of people. In order to meet the definition of a mixed use facility, the facility must be designed to protect views to the shoreline, must be open to the general public and must be devoted to the specific aspects of the use that foster shoreline enjoyment.
"Moorage" is a pier, dock, buoy or float, either fixed or floating, to which vessels may be secured. "Covered moorage" is moorage which has a roof. "Individual mooring facilities" are moorage facilities for single vessels. A "moorage dolphin" is a freestanding structure in a port or elsewhere that extends above the water line and can be used to tie up ships. Such structures are usually separate from the shore or docks and typically consist of a number of arranged wooden or concrete poles spaced at regular intervals.
A "moored boat" is a vessel that is secured to a pier, float, dock, buoy or other vessel.
A "mooring buoy" is an anchored floating device in a water body used for the landing of a vessel or water craft.
A "mooring buoy field" is 12 or more mooring buoys in a contiguous area.
"Multifamily residential development" is a building or portion thereof designed for or used as the residence of four or more families living independently of each other.
"Must" means a mandate; the action is required.
N. "Natural topography." "Navigational channels." "Navigable waters." "Nexus." "Non-conforming use/structure." "Normal maintenance." "Normal protective bulkhead." "Normal repair."
19.10.010.N.
"Natural topography" or "existing topography" are the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.
"Navigational channels"” are those logical routes on the waters of Tacoma beyond the outer harbor line, commonly used by ships for useful commerce.
"Navigable waters" are waters which are, in fact and without substantial alteration, capable of being used practically for the carriage of commerce. Navigable waters include waters meandered by government surveyors as navigable unless otherwise declared by a court. Navigable waters do not include waters inside an inner harbor line.
"Nexus" is the rational relationship between a probable adverse impact from a proposed development on a legitimate governmental interest or purpose.
"Non-conforming use/structure" are shoreline uses or structures which were lawfully constructed or established prior to the effective date of the applicable Act or Master Program provision, and which no longer conform to the applicable shoreline provisions.
"Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition.
A "normal protective bulkhead" is a structural or nonstructural development installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion (see WAC 173-27-040).
"Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment.
O. "Ordinary high water mark." "Outer harbor line." "Over-water structure."
19.10.010.O.
"Ordinary high water mark" is that mark on all lakes, streams, and tidal water 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 a local government or Ecology: PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.
The "outer harbor line" is the line located and established by the State Department of Natural Resources in navigable waters beyond which the State shall never sell or lease any rights whatever. This line determines the extent of water area that may be leased to private interests.
An "over-water structure" is a structure or other construction located waterward of the Ordinary High Water Mark (OHWM) or a structure or other construction erected on piling above the surface of the water, or upon a float.
P. "Parking."a. b. "Party of record." "Permit." "Person." "Petroleum." "Petroleum fuel facility."
"Petroleum – storage capacity." "Pier." "Port." "Practicable." "Priority habitat."a. b. c. d. e. f. g. h. i. j. k. l.
"Priority species."a. b. c. d. "Provisions." "Public access area." "Public access." "Public interest."
19.10.010.P.
"Primary use parking"
is parking which is the principal use on the property and is not accessory to another use.
"Accessory parking"
is the use of land for the purpose of accommodating motor vehicles, motorized equipment, or accessory units, such as trailers, and directly serves an approved shoreline use.
The "party of record" includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.
A "Permit" is any Substantial Development, Variance, Conditional Use Permit, or revision authorized under RCW 90.58.
A "Person" is an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated.
Crude oil, petroleum products and byproducts, and gaseous hydrocarbons and byproducts.
This definition includes the following facilities:
• | Petroleum fuel refinery; |
• | Terminals engaged in the bulk movement of petroleum fuels (excluding railyards and marine fueling facilities); |
• | Natural gas processing: any facility which (i) separates natural gas components to recover usable natural gas liquids (i.e., liquefied petroleum or natural gas), or (ii) produces natural gas suitable for transport (i.e., pipeline quality dry natural gas), or (iii) processes natural gas to create methanol or other chemical products. |
• | Bulk storage and processing of one type of petroleum fuel, or a combination of multiple types of petroleum fuels, in excess of one million gallons. |
Gallons of petroleum capable of being stored within the entirety of the applicant’s facility for purposes of measuring expansion as allowed herein.
A "Pier" is a fixed platform structure supported by piles in a water body that abuts the shore to provide landing for water-dependent recreation or moorage for vessels or watercraft and does not include above water storage.
"Port" refers to a center for water-borne commerce and traffic.
"Practicable" refers to a requirement or provision for a use or development that is capable of being put into practice or of being done or accomplished.
"Priority habitat" is a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes:
Comparatively high fish or wildlife density;
Comparatively high fish or wildlife species diversity;
Important wildlife habitat;
Important fish or wildlife seasonal range;
Important fish or wildlife movement corridor;
Rearing and foraging habitat;
Important marine mammal haul-out;
Refugia habitat;
Limited availability;
High vulnerability to habitat alteration;
Unique or dependent species; or
Shellfish bed.
A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. |
A "priority species" is a species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.
Criterion 1. State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the department of fish and wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.
Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.
Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
Criterion 4. Species listed under the federal Endangered Species Act as proposed, threatened, or endangered.
"Provisions" are policies, regulations, standards, guideline criteria or environment designations.
A "public access area" is an area, pathway, road, or structure open to use by the general public and affording contact with or views of public waters.
"Public access" is the provision of physical or visual approach from upland or adjacent properties or public waters or from shorelines or public waters to upland or adjacent properties, available to the general public.
"Public interest" is 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.
Q. "Qualified professional."
19.01.010.Q.
A "qualified professional" is a person who, at a minimum, has earned a degree from an accredited college/university in the relevant scientific or engineering discipline appropriate to the critical area subject and two years of related professional work experience; or eight years of professional work experience in the relevant critical area subject.
R. "Recreation." "Recreational development." "Residential development." "Restore." "Revetment." "Rip-Rap." "Rough proportionality test."
19.01.010.R.
"Recreation" is the refreshment of body and mind through forms of play, sports, relaxation, or contemplation. Water-oriented recreation includes activities such as boating, fishing, swimming, skin diving, scuba diving, and enjoying the natural beauty of the shoreline or its wildlife through nature walks, photography, wildlife observation, and hiking.
"Recreational development" includes commercial and public facilities designed and used to provide recreational opportunities to the public.
"Residential development" is the development of single-family residences, including appurtenant structures and uses. Residential development also includes multifamily development and the creation of new residential lots through land division.
"Restore," "restoration" or "ecological restoration" are 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.
A "revetment" is a sloped wall constructed of riprap or other material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement. A revetment typically slopes waterward and has rough or jagged facing. The slope differentiates it from a bulkhead, which is a vertical structure.
"Rip-rap" is a foundation or retaining wall of stones or rock placed along the water's edge or on an embankment to prevent erosion.
"Rough proportionality test" is a case by case determination by the City that a particular condition of approval on a proposed project is reasonably related to both the character and the degree of a probable impact of the project on the public health, safety and welfare.
S. "Setback." "Setback, front." "Setback, rear." "Setback, side." "Sewage." "Shall." "Shared moorage." "Shorelands/shoreland areas." "Shoreline environmental designations." "Shoreline jurisdiction." "Shoreline master program."
"Shoreline modifications." "Shoreline stabilization."
"Shoreline substantial development permit." "Shorelines." "Shorelines of statewide significance."a. b. c. d. e. (1) (2) f.
"Shorelines of the city." "Shorelines of the state." "Should." "Sign." "Sign, directional." "Sign, freestanding." "Sign, interpretive." "Significant vegetation removal." "Single family residence."
"Smelting." "Solid waste." "Solid waste facility." "State master program." "Stockpiling of materials." "Stream." "Streamway." "Structure." "Substantial development." "Substantially degrade." "Support."
19.01.010.S.
A "setback" is a space unoccupied by structures except where intrusions are specifically permitted by this Program.
A "front setback" is the space abutting a street right-of-way, access easement or private road either from which the lot is addressed or from which the lot gains primary access, and extending the full width of the lot; and at the intersection of two public rights-of-way, space abutting each right-of-way extending the full width of the lot.
A "rear setback" is the space abutting a property line or landward edge of the marine buffer, as established by this Program, and opposite to the front setback or as nearly so as the lot shape permits, and extending the full width of the lot or buffer. If more than one rear setback or more than one front setback exists, the Director shall designate the rear setback.
A "side setback" is the space abutting a property line, access easement or private road and generally between the required front and rear setbacks. Any setback not defined as a front or rear setback is a side setback.
"Sewage" is wastewater associated with human habitation, including that portion of the wastewater from toilets or any other receptacles containing human or animal excreta and urine, commonly known as "black water."
"Shall" means a mandate; the action must be done.
"Shared Moorage" or "joint use moorage" are moorage for pleasure craft and/or landing for water sports for use in common by shoreline residents of a certain subdivision or community within shoreline jurisdiction or for use by patrons of a public park or quasi-public recreation area, including rental of non-powered craft. If a shared moorage provides commercial services or is of a large scale (more than four slips), it shall be considered a marina. Shared moorage proposed to be leased to upland property owners shall also be considered a marina. If a proposal includes covered moorage, commercial sale of goods or services, or a means of launching other than a ramp, swinging boom, or davit style hoist, it shall be considered a marina.
"Shoreland" or "shoreland areas" 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 the Act.
"Shoreline Environmental Designations" or "SEDs" are the six shoreline environments defined and designated to exist on the shorelines of the City of Tacoma. The shoreline environmental designations are summarily defined is subsection 5.3 of this Program.
"Shoreline jurisdiction" is all "shorelines of the state" and "shorelands."
The "shoreline master program (TSMP)" or "master program" is the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020.
As provided in RCW 36.70A.480, the goals and policies of a shoreline master program approved under RCW 90.58 shall be considered an element of the city's comprehensive plan. All other portions of the shoreline master program for a city adopted under RCW 90.58, including use regulations, shall be considered a part of the city's development regulations. |
"Shoreline modifications" are 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.
"Shore stabilization" works include actions taken to stabilize the shoreline, addressing erosion impacts to property and improvements caused by natural processes, such as current, flood, tides, wind, or wave action. These actions include structural and nonstructural methods.
Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, and/or planning and regulatory measures to avoid the need for structural stabilization. Structural methods can be "hard"” or "soft." Hard structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads. These are static structures traditionally constructed of rock, concrete, wood, metal, or other materials that deflect, rather than absorb, wave energy. Soft structural measures rely on softer materials, such as vegetation, drift logs, and gravel. They are intended to absorb wave energy, mimicking the function of a natural beach. |
Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. Structural shoreline stabilization methods also often result in vegetation removal and damage to near-shore habitat and shoreline corridors. The following methods of shoreline stabilization are organized from "soft" to "hard." The use of "soft" methods is the preferred "best practices" choice (if non-structural methods cannot be used or are insufficient) when considering shoreline stabilization measures. |
"Soft" |
Vegetation enhancement; |
Upland drainage control; |
Bioengineering/biotechnical measures; |
Beach enhancement; |
Anchor trees; |
and Gravel enhancement. |
"Hard" |
Rock revetments; |
Gabions; |
Groins; |
Retaining walls and bluff walls; |
Bulkheads; and. |
Seawalls. |
What constitutes normal repair and maintenance? As applied to shoreline stabilization, "normal repair" and "normal maintenance" include the patching, sealing, or refinishing of existing structures and the replenishment of sand or other material that has been washed away if part of a previous authorized activity. Normal maintenance and normal repair are limited to those actions that are typically done on a periodic basis. Construction that causes significant ecological impact is not considered normal maintenance and repair. |
What constitutes replacement? As applied to shoreline stabilization measures, "replacement" means the construction of a new structure to perform a shoreline stabilization function when an existing structure can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures are considered new structures under this Master Program. |
In addition, repairs that exceed a certain threshold are also effectively "replacement," providing a meaningful opportunity for the project applicant to consider and implement softer solutions to an existing hard structural stabilization. The following are thresholds for considering a repair to be effectively replacement: 1) when any repair is being conducted along more than 50 percent of the shoreline stabilization on the subject property, or 2) when repair is being conducted along more than 25 feet of shoreline stabilization when that repair work includes removal and replacement of the stabilization measure’s foundation material. Exemptions if the relevant exemption criteria are met; however, the replacement provisions of these regulations will apply. |
A "Shoreline Substantial Development Permit" is the permit required by this Master Program for uses which are substantial developments in shoreline jurisdiction.
"Shorelines" are all of the water areas of the City, 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.
"Shorelines of Statewide Significance" are the following shorelines of the State:
The area between the ordinary high water mark and the western boundary of the State from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;
Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:
Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent saltwaters north to the Canadian line and lying seaward from the line of extreme low tide;
Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 1,000 acres or more, measured at the ordinary high water mark;
Those natural rivers or segments thereof, as follows:
Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 1,000 cubic feet per second, or more, and
Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at 200 cubic feet per second, or more, or those portions of rivers east of the crest of the Cascade range downstream from the first 300 square miles of drainage area, whichever is longer;
Those shorelands associated with paragraphs a, b, d, and e above.
Within the City of Tacoma, the Puyallup River is designated as a shoreline of statewide significance. |
"Shorelines of the City" are the total of all "shorelines" and "shorelines of statewide significance" within the City.
"Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state.
"Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action.
A "sign" is any device, flag, light, figure, picture, letter, work, message, symbol, plaque, poster or building face that is visible from outside the lot on which it is located and that is designed to inform or attract the attention of the public through visual communication, excluding murals or architectural designs that do not advertise a business, product or service.
A "directional sign" is an attached or freestanding railroad, highway, road, or traffic sign or signal erected, constructed, or maintained for the purpose of providing safety and directional information within public and private properties or rights-of-way for the movement of pedestrian and vehicular traffic.
A "freestanding sign" is a self-supporting sign placed off and away from the building or use to which it is related. Freestanding signs may be single faced or consist of two parallel and fully connected faces. The square footage of such signs shall be determined by the dimensions of the frame or edges of the sign, regardless of whether it is one-or two-faced.
An "Interpretive sign," means a sign designed to impart educational, instructive, or historic information, or to identify parks or other public recreational facilities.
"Significant vegetation removal" is 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 ecological functions, does not constitute significant vegetation removal.
A "Single-family residence" is a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance.
An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. |
Smelting is a process of applying heat to ore in order to extract a base metal. It is a form of extractive metallurgy. It is used to extract many metals from their ores, including silver, iron, copper, and other base metals. This use category includes all smelting activities identified in NAICS codes 331411, 331313, and 331410.
"Solid waste" is all solid and semi-solid wastes, except wastes identified in WAC 173-304-015, including, but not limited to, junk vehicles, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities, but excluding agricultural wastes and crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations shall be considered solid waste.
A "solid waste facility" or "transfer facility" is any land or structure where solid waste is stored, collected, transported, or processed in any form, whether loose, baled or containerized, including but not limited to the following: transfer stations, landfills, or solid waste loading facilities. Solid waste handling and disposal facilities do not include the following: handling or disposal of solid waste as an incidental part of an otherwise permitted use; and solid waste recycling and reclamation activities not conducted on the same site as and accessory to the handling and disposal of garbage and refuse.
The "State Master Program" is the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by Ecology.
"Stockpiling of materials" is the accumulation and storage of raw materials, equipment, apparatus and/or supplies by an individual, business, or organization. Stockpiling of materials as a primary use activity is subject to all applicable shoreline permits. Stockpiling of materials as a secondary use activity pursuant to a valid shoreline permit is considered a permitted use activity.
A "stream" is a naturally occurring body of periodic or continuously flowing water where the water is contained within a channel.
A "streamway" is the bed and banks of a stream.
A "structure" is 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.
A "substantial development" is any development of which the total cost or fair market value exceeds seven thousand forty-seven dollars ($7,047), or as adjusted by the State Office of Financial Management, or any development which materially interferes with the normal public use of the water or shorelines of the state.
To "substantially degrade" means to cause significant ecological impact.
"Support" means that a non-water-oriented component of a mixed-use development is necessary to pay the costs of or provide a basis for the existence and ongoing subsistence of the water-oriented component.
T. "Terminal." "Townhouse." "Transient." "Transmit." "Transportation facility."
19.01.010.T.
A "terminal" is a point of interchange between land and water carriers, such as a pier, wharf, or group of such, equipped with facilities for care and handling of cargo and/or passengers.
A "townhouse" is a building on its own separate parcel of land containing one single-family dwelling unit that occupies space from the foundation to the roof and is attached to one or more other townhouse dwelling units by at least one common wall. In the S-15 Shoreline District, the townhouses will not include a separate parcel of land and will include only the area from the foundation to the roof.
"Transient" means passing through or by a place, staying 10 days or less.
"Transmit" means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.
A "transportation facility" includes roads and railways, related bridges and culverts, fills, embankments, causeways, parking lots, parking structures, and bus and truck terminals. Not included is off-street bicycle or recreational trails.
U. "Underground utilities." "Uplands." "Utilities."a. b. c.
19.01.010.U.
"Underground utilities" are services which produce and carry electric power, gas, sewage, communications, oil, water, and storm drains below the surface of the ground.
"Uplands" are dry lands landward of OHWM.
"Utilities" are services and facilities that produce, convey, store, or process power, gas, sewage, communications, oil, waste, and the like. Utilities have been categorized in this Master Program as primary, accessory, and personal wireless facilities:
Primary utilities are services and facilities that produce, transmit, carry, store, process or dispose of power, gas, water, sewage, communications (excepting wireless facilities, see below), oil and the like. For example: sewage treatment plants and outfalls, public high-tension utility lines, power generating or transfer stations, gas distribution lines and storage facilities.
Accessory utilities are small-scale distribution services directly serving a permitted shoreline use. For example, power, telephone, cable, communication antennas, water, sewer lines, including stormwater systems.
Personal wireless facilities meaning any unstaffed facility for the transmission and/or reception of personal wireless services. This can consist of an equipment shelter or cabinet, a support structure or existing structure used to achieve the necessary elevation, and the antenna or antenna array.
V. "Variance." "Vegetation conservation." "Vessel."
19.01.010.V.
A "variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.
"Vegetation conservation" are activities to protect and restore vegetation along or near shorelines that minimize habitat loss and the impact of invasive plants, erosion and flooding and contribute to the ecological functions of shoreline areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. Vegetation management provisions apply even to those shorelines and uses that are exempt from a permit requirement.
A "vessel" is a ship, boat, barge, or any other floating watercraft which is designed and used for navigation and does not interfere with the normal public use of the water.
W. "Water-dependent." "Water-enjoyment." "Water-oriented." "Non-water-oriented." "Water quality." "Water-related use."a. b. "Watershed restoration."a. b. c. "Watershed restoration plan." "Weir." "Wetlands."
19.01.010.W.
A "Water-dependent use" is 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. Examples of water-dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, boat ramps and transient moorage, aquaculture, and float plane facilities.
A "Water-enjoyment use" is 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. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers, view towers, interpretive centers and other improvements facilitating public access to shorelines of the state. General water-enjoyment uses may include but are not limited to restaurants, museums, aquariums, scientific/ecological reserves, resorts and convention centers, and public markets, provided, that such uses conform to the above water-enjoyment specifications and the provisions of the Master Program.
A "water-oriented use" is a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.
A "non-water-oriented use" is a use which has little or no relationship to the shoreline and is not considered a priority use under the SMA. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential development, department stores and gas stations.
"Water quality" is 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 storm water 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.
A "water-related use" is 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:
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
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. Examples include, but should not be limited to, manufacturers of large materials for which transportation cost becomes a significant factor, professional services serving primarily water-dependent activities, warehousing of goods transported by water, seafood processing plants, hydroelectric generating plants, gravel storage when transported by barge, oil refineries where transport is by tanker and log storage.
A "watershed restoration project" is a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:
A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;
A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream.
A "watershed restoration plan" is a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to RCW 43.21C, the State Environmental Policy Act.
A "weir" is a structure in a stream or river for measuring or regulating stream flow.
A "wetland" is an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that 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 non-wetland 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 non-wetland areas to mitigate the conversion of wetlands.
(Ord. 28612 Ex. A, 2019-09-24)