City of North Bend, WA: Definitions.

[1]

The Watershed Company and ICF International. January 2011. Final Shoreline Analysis Report for the City of North Bend: South Fork and Middle Fork Snoqualmie River. Prepared for the City of North Bend Community and Economic Development Department, North Bend, WA.

[2]

ICF International in association with The Watershed Company. 2010. Shoreline Visioning Summary. November. (ICF 00780.09.) Seattle, WA. Prepared for City of North Bend, North Bend, WA.

§ 14.20.190 Definitions.

"Act"

means the Washington State Shoreline Management Act, Chapter 90.58 RCW.

"Active fault"

means a fault that is considered likely to undergo renewed movement within a period of concern to humans. Faults are commonly considered to be active if the fault has moved one or more times in the last 10,000 years.

"Additions"

means improvements to an existing building or structure, the cost of which does not exceed 50 percent of the assessed value of the total structure or result in an increase greater than 25 percent of the building footprint (up to a maximum of 500 square feet) before the addition is started. Additions must share a common wall (one full side) with the original structure.

Reserved.

"Adoption by rule"

means an official action by the department to make a local government shoreline master program effective through rule consistent with the requirements of the Administrative Procedure Act, Chapter 34.05 RCW, thereby incorporating the adopted shoreline master program or amendment into the state master program.

"Agricultural activities"

means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.

"Agricultural products"

includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products.

"Agricultural equipment"

includes, but is not limited to:

The following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes, canals, ditches, and drains;

Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;

Farm residences and associated equipment, lands, and facilities; and

Roadside stands and on-farm markets for marketing fruit or vegetables.

Agricultural Facilities.

See "Agricultural equipment."

10.

"Agricultural land"

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

11.

"Alteration,"

for purposes of applying critical areas, means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading, filling, dredging, channelizing, clearing (vegetation), applying pesticides, discharging waste, construction, compaction, excavation, modifying for stormwater management, relocating, or other activities that change the existing landform, vegetation, hydrology, wildlife, or habitat value of critical areas.

12.

"Amendment"

means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.

13.

"Applicant"

means a person who files an application for a permit under this SMP and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person.

14.

"Approval"

means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the Department of Ecology for review and official action pursuant to this chapter; or an official action by the Department of Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program.

15.

"Aquaculture"

means the culture or farming of fish, shellfish, or other aquatic plants and animals.

16.

"Aquifer recharge area"

means an area that, due to the presence of certain soils, geology, and surface water, acts to recharge groundwater by percolation.

17.

"Area of shallow flooding"

means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

18.

"Area of special flood hazard"

means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

19.

Assessed Value.

Assessed valuation shall be as established by the King County assessor's office, unless otherwise provided by a market appraisal institute (MAI) appraisal.

20.

"Associated wetlands"

are those wetlands which are in proximity to, and either influence or are influenced by, a stream subject to the Act.

21.

"Average grade level"

means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.

22.

"Base 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." Designated on flood insurance rate maps with the letters A or V.

23.

"Base flood elevation"

means the water surface elevation of the base flood. It shall be referenced to the North American Vertical Datum of 1988 (NAVD).

24.

"Basement"

means any area of a building having its floor subgrade (below ground level) on all sides.

25.

"Best management practices"

(BMPs) means conservation practices or systems of practice and management measures that:

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

Minimize adverse impacts on surface water and groundwater flow, circulation patterns, and the chemical, physical, and biological characteristics of wetlands;

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

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

26.

"Boating facilities"

allowed in the city of North Bend includes boat launches and upland boat storage. Prohibited boating facilities in the city include marinas and other boat moorage structures or uses.

27.

"Breakwater"

means an offshore structure whose 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. Breakwaters are generally built parallel to shore, and may or may not be connected to land, and may be floating or stationary.

28.

"Buffer"

means the zone contiguous with a critical area that is required for the continued maintenance, function, and structural stability of the critical area.

29.

"Building setback line (BSBL)"

means a line beyond which the foundation of a structure shall not extend.

30.

"Caliper"

means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.

31.

"Channel migration zone (CMZ)"

means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. (See North Bend comprehensive plan adopted map series on file with the city for a map of the channel migration zone regulated under this SMP.)

32.

"City"

means the city of North Bend.

33.

"Clearing"

means the cutting, killing, grubbing, or removing of vegetation or other organic material by physical, mechanical, chemical, or any other similar means.

34.

"Cluster"

means a group of three or more significant trees with overlapping or touching crowns.

35.

"Crown"

means the area of a tree containing leaf- or needle-bearing branches.

36.

"Community access"

means a shoreline access available to a group or community (e.g., homeowners' association) which may not be accessible to general public.

37.

"Compensation project"

means actions specifically designed to replace project-induced critical area and buffer losses. Compensation project design elements may include, but are not limited to, land acquisition, planning, construction plans, monitoring, and contingency actions.

38.

"Compensatory mitigation"

means types of mitigation used to replace project-induced critical area and buffer losses or impacts.

39.

"Concentrated animal feeding operation (CAFO)"

means a Department of Ecology-regulated and permitted area where animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. The CAFO permit does not automatically kick in until a facility has a certain number of nonaquatic animals (i.e., 1,000 cattle or 700 dairy cows). Smaller facilities may also be regulated if they are discharging to a waterbody.

40.

"Critical aquifer recharge area (CARA)"

means areas designated by WAC 365-190-080(2) that are determined to have critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2).

41.

"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 installations, and installations that produce, use, or store hazardous materials or hazardous waste.

42.

"Crown"

means the area of a tree containing leaf- or needle-bearing branches.

43.

"Designated floodway"

means the regulatory floodway that has been delineated on the city's flood insurance rate map (FIRM).

44.

"Developable area"

means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this SMP.

45.

"Development"

means any manmade alteration of unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment and materials and subdivision of land. It does not include dismantling or removing structure if there is no other associated development or redevelopment. For properties within the floodplain, development also includes the removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics.

46.

"Development permit"

means any permit issued by the city of North Bend, or other authorized agency, for construction, land use, or the alteration of land.

47.

"DSH"

means the diameter at standard height; the diameter of the trunk measured 54 inches (four and one-half feet) above grade.

48.

"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.

49.

"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.

50.

"Erosion"

means the process by which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow.

51.

"Erosion hazard area"

means those areas that, because of natural characteristics including vegetative cover, soil texture, slope gradient, and rainfall patterns, or human-induced changes to such characteristics, are vulnerable to erosion.

52.

"Feasible"

means, for the purpose of this chapter, 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; and

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. 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.

53.

"FEMA" or "Federal Emergency Management Agency"

means the agency that oversees the administration of the National Flood Insurance Program (44 CFR).

54.

"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.

55.

"Fish and wildlife habitat conservation areas"

means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include:

Areas with which state or federally designated endangered, threatened, and critical species have a primary association;

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

Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;

Waters of the state, including lakes, rivers, ponds, streams (and their associated wetlands), inland waters, underground waters, salt waters and all other surface water and watercourses within the jurisdiction of the state of Washington;

Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;

State natural area preserves and natural resource conservation areas; and

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

56.

"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 or surface waters from any source.

57.

"Flood hazard area"

means any area subject to inundation by the base flood or risk from channel migration including, but not limited to, an aquatic area, wetland, or closed depression.

58.

"Flood insurance rate map (FIRM)"

means the official map on which the Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazard and the risk premium zones (44 CFR Part 59).

59.

"Flood insurance study"

means the official report provided by the Federal Insurance and Mitigation Administration that includes the flood profiles, the FIRM, and the water surface elevation of the base flood (44 CFR Part 59).

60.

"Flood protection elevation"

means an elevation that is one foot or more above the base flood elevation.

61.

"Floodplain" is synonymous with "100-year floodplain" and means that 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 determined by reference to the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (FEMA).

62.

"Floodproofing"

means adaptations that ensure a structure is substantially resistant to the passage of water below the flood protection elevation and resists hydrostatic and hydrodynamic loads and effects of buoyancy.

63.

"Floodway"

means the area that has been established in Federal Emergency Management Agency flood insurance rate maps preliminary FIRM dated November 6, 2012.

64.

"Floodway-dependent structure,"

for purposes of applying critical area regulation as integrated by reference by NBMC § 14.20.290, means structures such as, but not limited to, dams, levees and pump stations, stream bank stabilization, boat launches and related recreational structures, bridge piers and abutments, and fisheries enhancement or stream restoration projects.

65.

"Formation"

means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

66.

"Formation, confining"

means the relatively impermeable formation immediately overlaying a confined aquifer.

67.

"Frequently flooded areas"

means lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the shoreline administrator, 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 (FEMA) and National Flood Insurance Protection (NFIP).

68.

"Functions" and "values,"

for purposes of applying critical area regulation as integrated by reference by NBMC § 14.20.290, mean the beneficial roles served by critical areas, including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, and recreation. "Functions" and "values" may be considered independently, with functions being measured indicators such as water quality, hydrologic functions, and habitat functions and values being nonmeasured indicators such as local importance, potential qualities, or recreational benefits.

69.

"Geologically hazardous areas"

means areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible commercial, residential, or industrial development is sited in areas of significant hazard.

70.

"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 on 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.

71.

"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.

72.

"Groin"

means a barrier type of structure extending from the stream bank into a waterbody for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials.

73.

"Ground cover"

means all types of vegetation other than trees.

74.

"Guidelines"

means those standards adopted by the department to implement the policy of Chapter 90.58 RCW 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 the department in developing and amending master programs.

75.

"Hazard areas"

means areas designated as frequently flooded or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geologically hazardous conditions, including steep slopes.

76.

"Hazard tree"

means any tree with any significant structural defect, disease, extreme size or combinations of these which make it subject to failure, as determined by the shoreline administrator or her/his designee.

77.

"Hazardous substance(s)"

means:

A hazardous substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act (CWA); any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); any toxic pollutant listed under Section 307(a) of the CWA; or any imminently hazardous chemical substance or mixture with respect to which the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act;

Hazardous substances that include any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090, 173-303-102, or 173-303-103.

78.

"High-intensity land use"

means land uses consisting of commercial, urban, industrial, institutional, retail, residential with more than one unit per acre, agricultural (dairies, nurseries, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high-intensity recreation (golf courses, ball fields), and hobby farms.

79.

"Heavy equipment"

means such construction machinery as backhoes, treaded tractors, dump trucks, and front-end loaders.

80.

"Hydraulic project approval (HPA)"

means a permit issued by the state of Washington's Department of Fish and Wildlife for modification to waters of the state in accordance with Chapter 75.20 RCW.

81.

"Impervious surface area"

means any nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle including, but not limited to, roof tops, swimming pools, paved or graveled roads and walkways or parking areas, and excluding landscaping and surface water retention/detention facilities.

82.

"In-stream structures"

function for the impoundment, diversion, or use of water for hydroelectric generation and transmission (including both public and private facilities), flood control, irrigation, water supply (both domestic and industrial), recreation, or fisheries enhancement.

83.

"Isolated wetland"

means those wetlands and their buffers that are outside of the following critical areas and their buffers, where applicable: 100-year floodplain, lake, river, stream, or wetland. Isolated wetlands have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

84.

"Landslide"

means episodic down slope movement of a mass of soil or rock that includes, but is not limited to, rock falls, slumps, mudflows, and earth flows.

85.

"Landslide hazard areas"

means areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

86.

"Low-intensity land use"

includes, but is not limited to, forestry and open space (such as passive recreation and natural resources preservation).

87.

"Lowest floor"

means the lowest enclosed area (including basement) of a structure. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of these critical areas regulations found in Chapter 14.12 NBMC (i.e., provided there are adequate flood ventilation openings).

88.

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

89.

"Manufactured home park or subdivision"

means a parcel (or contiguous parcels) of land divided into two or more parcels intended for the sale or rent of manufactured homes. A manufactured home park or subdivision shall include the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

90.

"May"

means the action is acceptable, provided it conforms to the provisions of this chapter.

91.

"Minor utility project"

means the placement of a utility pole, street sign, anchor, vault, or other small component of a utility facility, where the disturbance of an area is less than 75 square feet.

92.

"Mitigation sequencing"

means the process of avoiding, reducing, or compensating for the adverse environmental impact(s) of a proposal, including the following actions, listed in the order of preference, subsection (92)(a) of this section being the most preferred:

Avoiding the impact altogether by not taking a certain action or parts of an action;

Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

Monitoring the impact and the compensation projects and taking appropriate corrective measures.

93.

"Mobile home"

means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. A mobile home is also included within the definition of manufactured homes; however, the standards relating to mobile homes shall take precedence over the standards relating to manufactured homes where such standards are more stringent.

94.

"Moderate-intensity land use"

includes, but is not limited to, residential at a density of one unit per acre or less, moderate intensity open space (parks), and agriculture (moderate intensity land uses such as orchards and hay fields).

95.

"Monitoring"

means the collection of data by various methods for the purpose of understanding natural systems and features, evaluating the impact of development proposals on such systems, and/or assessing the performance of mitigation measures imposed as conditions of development.

96.

"Must"

means a mandate; the action is required.

97.

"Native growth protection easement (NGPE)"

means an easement granted to the city of North Bend for the protection of native vegetation within a critical area or its associated buffer.

98.

"Native vegetation"

means plant species that are indigenous to the region.

99.

"New construction"

means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this SMP.

100.

"Non-water-oriented uses"

means those uses that are not water-dependent, water-related, or water-enjoyment.

101.

"Normal maintenance"

means those usual acts that are necessary to prevent a property's decline, lapse, or cessation from a lawfully established condition.

102.

"Normal repair"

means to restore a structure or 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 impacts on shoreline resources 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 impacts on shoreline resources or environment.

103.

"Ordinary high water mark (OHWM)"

means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department. Where the OHWM cannot be found, it shall be the line of mean high water. For braided streams, the OHWM is found on the banks forming the outer limits of the depression within which the braiding occurs.

104.

"Practical alternative"

means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impact on critical areas.

105.

"Primitive trail"

means unimproved, unpaved but physically defined pathway for nonmotorized movement.

106.

"Priority habitat"

means 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;

Fish spawning habitat;

Important wildlife habitat;

Important fish or wildlife seasonal range;

Important fish or wildlife movement corridor;

Rearing and foraging habitat;

Refugia habitat;

Limited availability;

High vulnerability to habitat alteration;

Unique or dependent species; or

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. 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 caves and snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.

107.

"Priority species"

means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria 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.

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 either proposed, threatened, or endangered.

108.

"Provisions"

means policies, regulations, standards, guideline criteria or environment designations.

109.

"Public access"

means both physical and visual access. Examples are listed below. Desired locations for North Bend's visual and physical access are along the South and Middle Fork Snoqualmie Rivers.

Visual Access.

Visual public access may consist of view corridors, viewpoints, or other means of visual approach to public waters.

Physical Access.

Physical public access may consist of a dedication of land or easement and a physical improvement in the form of a walkway, trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, view platform, or other area serving as a means of physical approach to public waters.

110.

"Public agency"

means every city, county, state, or federal office, every officer, every institution, whether educational, correctional, or other, and every department, division, board, and commission that provides services or recommendations to the public or other such agencies.

111.

"Public utility"

means a public service corporation performing some public service subject to special governmental regulations, or a governmental agency performing similar public services, either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas, and transportation for persons and freight.

112.

"Qualified professional"

means a person with experience and training in the pertinent discipline, and who is a qualified expert with expertise appropriate for the relevant critical area or shoreline subject. A qualified professional must have obtained a B.S., B.A. or equivalent degree or certification in biology, engineering, environmental studies, fisheries, geomorphology, landscape architecture, forestry or related field, and two years of related work experience.

A qualified professional for wildlife, habitats or wetlands must have a degree in biology, zoology, ecology, fisheries, or related field, and professional experience in Washington State.

A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.

A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.

A qualified professional with flood and CMZ expertise must be a hydrologist or fluvial geomorphologist.

A qualified professional for vegetation management must be a registered landscape architect, certified arborist, biologist, or professional forester with a corresponding degree or certification.

113.

"Recreational development"

means commercial and public facilities designed and used to provide recreational opportunities to the public. Commercial recreational development should be consistent with commercial development defined herein.

114.

"Recreational vehicle"

means a vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by an automobile or light duty truck; and designated primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use, not as a permanent dwelling.

115.

"Residential development"

entails one or more buildings, structures, lots, parcels or portions thereof that are designed, used or intended to be used as a place of abode for human beings. These include single-family residences, residential subdivisions, short residential subdivisions, attached dwellings, and all accessory uses or structures normally associated with residential uses. Accessory residential uses include, but are not limited to, garages, sheds, tennis courts, swimming pools, parking areas, fences, cabanas, saunas and guest cottages. Hotels, motels, dormitories or any other type of overnight or transient housing is excluded from the residential category and must be considered commercial use depending on project characteristics.

116.

"Restore," "restoration" or "ecological restoration"

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

117.

"Riparian habitat"

means areas adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other.

118.

"Salmonid"

means a member of the fish family Salmonidae. In King County, Chinook, coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, rainbow, and steelhead trout; kokanee; and native char (bull trout and Dolly Varden).

119.

"Section 404 permit"

means a permit issued by the Army Corps of Engineers for the placement of dredge or fill material waterward of the OHWM or clearing in waters of the United States, including wetlands, in accordance with 33 United States Code (USC) Section 1344.

120.

"Seismic hazard areas"

means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.

121.

"Shall"

means a mandate; the action must be done.

122.

"Shoreline areas" and "shoreline jurisdiction"

mean all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030.

123.

"Shoreline master program" or "master program"

means 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 for a county or city approved under Chapter 90.58 RCW shall be considered an element of the county's or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under Chapter 90.58 RCW, including use regulations, shall be considered a part of the county's or city's development regulations.

124.

"Shoreline modifications"

means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

125.

"Shoreline stabilization"

means actions taken to address erosion impacts to property and dwellings, businesses, or structures 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, groundwater management, planning and regulatory measures to avoid the need for structural stabilization.

126.

"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.

127.

"Significant tree"

means any evergreen tree, other than holly, of at least 15 inches DSH and any deciduous tree, other than poplar trees, at least 12 inches DSH. Poplar trees, holly, and other invasive trees of any size are not considered significant trees.

128.

"Significant vegetation removal"

means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts on 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.

129.

"Snag"

means the remaining trunk of a dying, diseased, or dangerous tree that is reduced in height and stripped of all live branches.

130.

"Special flood hazard area (SFHA)"

means an area subject to a base or 100-year flood; areas of special flood hazard are shown on a flood hazard boundary map or flood insurance rate map as Zone A, AO, A1-30, AE, A99, or AH.

131.

"Species and habitats of local importance"

means those species that may not be endangered, threatened, or critical from a statewide perspective, but are of local concern due to their population status, sensitivity to habitat manipulation, or other educational, cultural, or historic attributes. These species may be priority habitats, priority species, and those habitats and species identified in the critical areas code as having local importance (e.g., elk).

132.

"Species, threatened and endangered"

means those native species that are listed by the State Department of Fish and Wildlife pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or endangered (WAC 232-12-014), or that are listed as threatened or endangered under the federal Endangered Species Act (16 U.S.C. 1533).

133.

"Start of construction"

means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit issuance date. For cumulative tracking, the permit may extend beyond the specified time frame to the time of permit completion. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

134.

"Steep slopes"

means those slopes (excluding city-approved geotechnical engineered slopes) 40 percent or steeper within a vertical elevation change of at least 10 feet. A slope is defined by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief.

135.

"Stream"

means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state, including areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks, which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

136.

"Structure"

means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water.

137.

"Substantial damage"

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the assessed value of the structure before the damage occurred.

138.

"Substantial improvement"

means any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term can exclude:

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement or building official and are the minimum necessary to assure safe living conditions; or

Any alteration of a historic structure; provided, that the alteration will not preclude the structure's continued designation as a historic structure.

139.

"Substantially degrade"

means to cause significant ecological impact.

140.

"Thinning"

means the evenly spaced noncommercial removal of up to 40 percent of trees and woody shrubs.

141.

"Topping"

means the severing of main trunks or stems of vegetation at any place above 25 percent of the vegetation height.

142.

"Transportation facilities"

are those structures and developments that provide for the movement of people, goods and services. These include roads and highways, railroad facilities, bridges, parking facilities, bicycle paths, trails and other related facilities.

143.

"Tree removal"

means the removal of a tree, through either direct or indirect actions, including but not limited to: (a) clearing, damaging or poisoning resulting in an unhealthy or dead tree; (b) removal of at least half of the live crown; or (c) damage to roots or trunk that is likely to destroy the tree's structural integrity.

144.

"Trees"

means any living woody plant characterized by one main stem or trunk and many branches and having a diameter of four inches or more measured 24 inches above ground level.

145.

"Unavoidable"

means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

146.

"Understory"

means the vegetation layer of a forest that includes shrubs, herbs, grasses, and grass-like plants, but excludes trees.

147.

"Utility"

means a service and/or facility that produces, transmits, carries, stores, processes, or disposes of electrical power, gas, potable water, stormwater, communications (including, but not limited to, telephone and cable), sewage, oil, and the like.

148.

"Vegetation"

means plant life growing below, at, and above the soil surface.

149.

"Vegetation alteration"

means any clearing, grading, cutting, topping, limbing, or pruning of vegetation.

150.

"Water-dependent use"

means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.

151.

"Water-enjoyment use"

means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. 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 foster shoreline enjoyment.

152.

"Water-oriented use"

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

153.

"Water quality"

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

154.

"Water-related use"

means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:

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.

155.

"Water resources inventory area (WRIA)"

means one of 62 watersheds in the state of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997.

156.

"Weir"

means a structure generally built perpendicular to the shoreline for the purpose of diverting water or trapping sediment or other moving objects transported by water.

157.

"Wetlands"

are areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)