The definitions contained in RCW
36.70A.030 insofar as they pertain to terms used herein, as they now exist or are hereafter amended, are hereby adopted by this reference to be used in the administration of this chapter.
For the purposes of this chapter, the following definitions shall apply unless the context clearly requires otherwise:
"Alluvial fan"means a fan-shaped alluvial deposit formed by a stream where its velocity is abruptly decreased, as at the mouth of a ravine.
"Alteration"means a human-induced action that materially affects a regulated critical area or its buffer, such as a physical change to the existing condition of land or improvements including but not limited to: construction, clearing, filling, and grading.
"Anadromous"means a life history characteristic of fish that spend time in both freshwater and saltwater, to complete necessary life functions.
"Applicant"means the person, party, firm, corporation, federal, state, tribal or local government, or any other entity that proposes any activity that could affect a critical area.
"Aquatic habitat"means those areas where juvenile and/or adult fish exist or are known to migrate, forage, reproduce, or inhabit.
"Bankfull width"means the measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth for streams.
"Best management practices (BMP)"means systems of practices and management measures that (1) control soil loss and reduce water quality degradation caused by high concentration of nutrients, animal waste, toxins, or sediment; (2) minimize adverse impacts to surface and groundwater flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands or other water bodies; (3) protect trees, vegetation, and soils designated to be retained during and following site construction and use native plant species appropriate to the site for revegetation of disturbed areas; and (4) provide standards for proper use of chemical herbicides within critical areas.
"Board"means the city of Longview appeal board of adjustment.
"Buffer or buffer area"means an area adjacent to a wetland, river, stream, pond, lake, geologically hazardous area, or riparian area that is established and managed to protect the integrity of functions and values of the critical areas from human caused disturbances, or to protect people and development from a geological hazard. "Buffer," when referring to geologically hazardous areas, means an area surrounding a geologic hazard consisting of naturally occurring or reestablished vegetation and having a width adequate to separate and protect people and development from the geologically hazardous area.
"City"means the city of Longview, Washington, a municipal corporation.
"Clearing"means the removal, redistribution, or disturbance to vegetation, soil or substrate that may include trees, brush, grass, groundcover, or other vegetative matter from a site.
"Commission"means the planning commission of the city of Longview.
"Conservation easement"means an interest or right of use over a property, less than fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land.
"Critical aquifer recharge area"means areas that are determined to have a critical recharging effect on aquifers used as a source for potable water and that are vulnerable to contamination from recharge.
"Critical areas"include the following areas and ecosystems: (1) wetlands; (2) fish and wildlife habitat conservation areas; (3) frequently flooded areas; (4) geologically hazardous areas; and (5) areas with a critical recharging effect on aquifers used for potable water as defined in Chapter
36.80A RCW and this chapter.
means a written authorization issued by the department via letter or other instrument, including issuance of a building permit, declaring that the identified development or regulated activity complies with the provisions of this chapter, and/or specifying the conditions with which such development or regulated activity must comply.
"Department"means the community development department of the city of Longview.
"Development"means any land use alteration consisting of the construction or exterior expansion of structures; grading, dredging, drilling, dumping; filling; clearing; removing sand, gravel, or minerals; bulk heading; driving of pilings; or any project of a temporary or permanent nature that modifies structures, land, wetlands, or shorelines and that does not fall within the allowable exemptions contained in this chapter.
"Director"means the director of the community development department of the city of Longview, or the director's designee.
"Dynamic settlement"means the vertical settlement of the ground surface due to earthquake-induced liquefaction. Settlement can range from less than one inch to several feet and can cause extensive damage to structures and underground utilities.
"Enhancement of wetlands"means the manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities.
"Erosion hazard area"means those areas containing soils that, according to the United States Department of Agriculture Natural Resources Conservation Service, are recognized as having high erosion potential. The soil types are indicated as having a severe or very severe erosion hazard.
"Establishment (creation) of wetlands"means the manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area and functions. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species.
"Excavation"means mechanical removal, redistribution, or disturbance of soil or substrate from its point of origin.
"Feasible alternative"means an alternative that is available and reasonably capable of being accomplished after taking into consideration cost, existing technology, and logistics in light of overall project purposes. It may include an area not owned by the applicant, which could have been obtained, utilized, expanded, or managed to fulfill the basic purpose of the proposed activity.
"Field investigation"means an inspection of a site by a qualified expert and/or the director to document conditions and facts to ascertain if the site contains any critical or environmentally sensitive areas, as defined.
"Filling"means the act of placing fill material (on any critical area), including the temporary stockpiling of fill material.
"Fill material"means a deposit of earth or other natural or man made material placed by artificial means.
"Fish and wildlife habitat conservation areas"means those areas identified as being of critical importance to the maintenance and survival of both fish and wildlife. The definition of fish and wildlife habitat conservation areas does not include such artificial features or constructs as drainage ditches that lie within the boundaries of and are maintained by a port district.
"Frequently flooded areas"means lands in the flood plain subject to at least a one percent or greater chance of flooding in a given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface.
"Functions and values"mean the services provided by critical areas to society, including but not limited to improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreation.
"Geotechnical investigation report"means a study of geologically hazardous areas where the qualified expert evaluates the hazard areas by performing a subsurface investigation (i.e., borings, test pits, cone penetration tests). A subsurface investigation shall include obtaining soil samples and testing for soil strength. A subsurface investigation is required for landslide and seismic (i.e., liquefaction) hazards, unless the qualified expert can provide compelling evidence as to why a geotechnical investigation is not required.
"Geotechnical reconnaissance report"means a study of geologically hazardous areas where the qualified expert evaluates the hazard areas with a visual site reconnaissance. A subsurface investigation (i.e., borings, test pits, cone penetration tests) is not required. A reconnaissance level study is acceptable to evaluate erosion, volcanic and mine hazards, unless the qualified expert determines that a more thorough geotechnical investigation report is necessary. A geotechnical reconnaissance is not appropriate for evaluating landslide and seismic (i.e., liquefaction) hazards, unless compelling evidence can be provided by the qualified expert.
"Grading"means altering the degree of the slope by mechanical means including removal, redistribution, or disturbance to the soil or substrate from its point of origin.
"Hydrologic unit"means an area of land above or upstream from a specific point on a stream, which is enclosed by a topographic divide such that direct runoff from precipitation normally drains by gravity into the stream, or from the area above the specified point on the stream.
"Indigenous"means any native species of plant or wildlife that occurs naturally on a particular site or area.
"Lake"means a naturally existing or artificially created body of standing water, including reservoirs, 20 acres or greater in size, which exist on a year-round basis, and occurs in a depression of land or expanded part of a stream.
"Landfill"means a disposal facility or part of a facility at which solid waste is placed within or on land.
"Landslide hazard area"means areas at risk of mass movement due to combination of geologic, topographic, and hydrologic factors.
"Lateral spread"means the lateral movement of the ground surface due to earthquake-induced liquefaction. When soil liquefies, blocks of mostly intact, surficial soil move downslope or towards a free face along a shear zone that forms at the top of the liquefied soil. Lateral soil movement can be on the order of inches to several feet and can cause extensive damage to structures and underground utilities (Bartlett 1995).
"Liquefaction"means a phenomenon where the strength and stiffness of a saturated, generally loose/soft soil is reduced by earthquake shaking. Soils that are generally considered potentially liquefiable include sand, low plasticity silty sand, low plasticity clayey sand, and low plasticity silt, although other soil types have proven to also be potentially liquefiable. Liquefaction and related phenomena such as dynamic settlement and lateral spreading have been responsible for tremendous amounts of damage to structures such as streets, underground and above ground utilities, underground tanks, buildings, and retaining walls in historical earthquakes around the world. A recent, local example of liquefaction occurred throughout the region affected by the 2001 magnitude 6.8 Nisqually Earthquake near Olympia (Johansson 2000).
"Mitigation"means actions designed to replace project-induced critical area losses or impacts; including, but not limited to, restoration, establishment (creation), enhancement, or preservation. Mitigation should be sequenced in the following order: (1) avoiding the impact altogether by not taking a certain action or parts of an action; (2) 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; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or (6) monitoring the impact and taking appropriate corrective measures.
"Mitigation bank"means a site, or suite of sites, where resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by critical areas permits. In general, a mitigation bank sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by a mitigation banking instrument.
"Mitigation plan"means a plan that outlines the activities that will be undertaken to avoid, minimize, and compensate project impacts to critical areas detailed in this chapter.
"Oak woodlands"mean stands of pure oak or oak/conifer associations that are one-half acre or greater in size where canopy coverage of the oak component of the stand is 25 percent; or where total canopy coverage of the stand is less than 25 percent, but oak accounts for at least 50 percent of the canopy coverage present.
"Open space"means land satisfying the definition for "open space land" in the city of Longview, and eligible for tax assessment at its current use value as authorized by Chapter
84.34 RCW.
means that mark that will be found by examining the bed and banks of water bodies 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 of 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 tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.
"Pond"means a naturally existing or artificially created body of standing water less than 20 acres in size and not defined as "shorelines of the state" by Chapter
90.58 RCW (Shoreline Management Act). Ponds may include reservoirs that exist on a year-round basis and occur within a depression of land or expanded part of a stream. A pond is bounded by the ordinary high water mark or the extension of the elevation of the pond's ordinary high water mark within the stream, where the stream enters the pond.
means the removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes activities commonly associated with the protection and maintenance of wetlands through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of wetland area or functions.
"Priority habitats"means a habitat type with unique or significant value to many species with one or more of the following characteristics: comparatively high fish and wildlife densities, fish and wildlife species and/or diversity, fish and wildlife breeding habitat, fish and wildlife seasonal habitat, fish and wildlife movement corridors, limited availability, high vulnerability to habitat alteration, or unique or dependent species as determined by the Washington Department of Fish and Wildlife's priority habitat and species list, as it now exists or as it is hereafter amended.
"Priority species"means fish and wildlife species requiring protective measures and/or management guidelines to ensure their perpetuation, as determined by the Washington Department of Fish and Wildlife's priority habitats and species list, as it now exists or as it is hereafter amended.
"Public ditches"means the ditches and associated diking and levee system that fall under the jurisdiction of, or where the water surface elevation is controlled by, the Consolidated Diking Improvement District (CDID) No. 1.
"Qualified expert"means a person with experience, education, and/or professional degrees and training pertaining to the critical areas in question, and who possesses experience with performing field investigations, analyzing critical area functions and values, analyzing critical area impacts, and recommending critical area mitigation and restoration. The director shall require potentially qualified experts to demonstrate the basis for qualifications and shall make final determination as to qualifications. Demonstration of qualifications may include, but not be limited to, relevant professional experience, technical certification(s), and/or recognition through publication of technical papers or journals.
A "qualified expert for wetlands"means a biologist or ecologist who has a bachelor's degree in biology, ecology, wetland science, hydrology, soil science, botany, natural resource management, or a related field, from an accredited college or university; at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and regional supplement, preparing wetland reports and wetland ratings, conducting function assessments, and developing and implementing mitigation plans.
A "qualified expert for geological hazards"shall be a geotechnical engineer or engineering geologist licensed in the state of Washington. At least five years' work experience as a practicing geotechnical engineer or engineering geologist is preferred.
A "geotechnical engineer"means a person who has a bachelor's degree in civil engineering from an accredited college or university and is a registered professional engineer (P.E.) in the state of Washington (meeting the requirements of RCW
18.43.040). The licensed engineer shall have demonstrated experience conducting geotechnical investigations, analyzing geologic hazards, and preparing reports for the relevant type of hazard.
means a licensed geologist in the state of Washington with a specialty license in engineering geology meeting the requirements of WAC
308-15-055. The licensed engineering geologist shall have demonstrated experience analyzing geologic hazards and preparing reports for the relevant type of hazard.
means a hydrogeologist, geologist, engineer, or other scientist who meets all the following criteria:
(a) Has received a baccalaureate or post-graduate degree in the natural sciences or engineering from an accredited college or university; and
Has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater vulnerability.
"Reestablishment of wetlands"means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a net gain in wetland area and functions. Activities could include, but not be limited to, removing fill material, plugging ditches, or breaking drain tiles.
"Regulated activity"means activities occurring in or near and/or potentially affecting a critical area or associated buffer that is subject to the provisions of this chapter. Regulated activities include, but are not limited to, filling, dredging, dumping or stockpiling, draining, excavation, flooding, construction or reconstruction, driving pilings, obstructing, shading, clearing, or harvesting.
"Rehabilitation of wetlands"means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded wetland. Rehabilitation results in a gain in wetland function, but does not result in a gain in wetland area. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland.
"Resource agency"means a designated city, county, state, or federal agency with specific regulatory authority that provides technical information that may be used in the interpretation and enforcement of this chapter.
"Restoration of wetlands"means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland area, restoration is divided into two categories: reestablishment and rehabilitation.
"Riparian" or "riparian habitat"means the area adjacent to channelized or flowing aquatic systems (e.g., rivers, perennial and intermittent streams, seeps, and springs) that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other.
"Seismic hazard areas"are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. Areas mapped in the moderate to high risk category on the Liquefaction Susceptibility Map of Cowlitz County, Washington, should be considered in a seismic hazard area.
"Site"means any parcel or combination of contiguous parcels or right-of-way, or a combination of contiguous rights-of-way under the applicant's ownership or control where the proposed project may impact a critical area or its buffer.
"Slope"means an inclined earth surface, the inclination of which is expressed as the ratio of vertical distance to horizontal distance. In these regulations, slopes are generally expressed as a percentage of the vertical distance to the horizontal distance. A 40 percent slope refers to a 40-foot rise in the vertical distance over a horizontal distance of 100 feet. An inclination of 45 degrees is a 100 percent slope.
"Stream"means those areas where surface water flows sufficiently to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined channel swales. The channel or bed need not contain water year round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses, unless they are used to convey streams naturally occurring prior to construction. For regulatory purposes under this chapter, once streams are identified, the streams are typed according to WAC
222-16-031.
means the soil, sediment, decomposing organic matter, or combination of those located on the bottom surface of a wetland.
"Undisturbed buffer"means a protective area left in its natural state, except for any access and/or utility crossings approved by the director, between land development and critical areas.
"Utility line"means pipe, conduit, cable or other similar instrument by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, natural gas, communications, and sanitary sewer.
"Volcanic hazard area"means areas subject to pyroclastic flows, lava flows, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.
"Wetland"means areas that are inundated or saturated by surface water 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 include swamps, marshes, bogs, and similar areas, and also include artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, such as irrigation and drainage ditches, grass-lined swales, canals, detention facilities, waste water 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.
(Ord. 2821 § 1, 2002; Ord. 3082 § 1, 2009; Ord. 3092 § 1, 2009; Ord. 3352 § 1, 2017; Ord. 3555 § 1 (Exh. L), 2025)