The definitions in this section shall be used when administering the regulations in this chapter. The definition of any word or phrase not listed in this section which is in question when administering the regulations shall be defined from one of the following sources:
C. Legal definitions from case law;
D. The common dictionary.
“Adjacent”means any development that includes a critical area or its buffer or any development proposal within three hundred feet of a critical area.
“Agricultural practices”means activities related to vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as well as animal husbandry. Agricultural practices shall not include removing trees, diverting or impounding water, excavation, ditching, draining, culverting, filling, grading, and similar activities that introduce new adverse impacts to wetlands.
“Alteration”means a human-induced action, which changes the existing condition of a critical area. Alterations include but are not limited to grading; grubbing; dredging; channelizing; cutting, clearing, relocating or removing vegetation, except noxious weeds identified by the Washington State Noxious Weed Control Board or the Kitsap County Cooperative Extension; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; modifying for surface water management purposes; or any other human activity that changes the existing vegetation, hydrology, wildlife or wildlife habitat.
“Anadromous fish”means fish species that spend most of their life-cycle in salt water but return to freshwater to reproduce.
“Applicant”means the person, party, firm, corporation or legal entity, or agent thereof, that proposes a development of property in the city of Poulsbo.
“Aquaculture practices”means the harvest, culture or farming of food fish, shellfish, or other aquatic plants and animals including fisheries enhancement and the mechanical harvesting of shellfish and hatchery culture.
“Aquifer”means a saturated body of rock, sand, gravel or other geologic material that is capable of storing, transmitting and yielding water to a well.
“Aquifer recharge”means the process by which water is added to an aquifer. It may occur naturally by the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a depth where the earth materials are saturated with water. The aquifer recharge can be augmented by “artificial” means through the addition of surface water or by the injection of water into the underground environment.
“Aquifer recharge area”means those areas overlying aquifer(s) where natural or artificial sources of water can move downward to an aquifer(s).
“Aquifer vulnerability”means the combined effect of hydrogeological susceptibility to contamination and the contamination loading potential as indicated by the type of activities occurring on a project area.
“Bank stabilization”means lake, stream and open water shoreline modification, including vegetation enhancement, used for the purpose of retarding erosion, protecting channels or shorelines, and retaining uplands.
“Best available science”means scientifically valid information in accordance with WAC
365-195-905, now or as amended hereafter, that is used to develop and implement critical areas policies or regulations.
means conservation practices or systems of practices and management measures that:
A. Control soil loss and reduce water quality degradation caused by nutrients, pathogens, bacteria, toxic substances, pesticides, oil and grease, and sediment; and
Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas.
“Bog”means a low-nutrient, acidic wetland with organic soils and characteristic bog plants, as described in Washington State Wetland Rating System for Western Washington: 2014 Update, or as amended.
“Buffer”means a nonclearing native vegetation area which is intended to protect the functions and values of critical areas.
“Building setback”for purposes of this chapter is an additional distance between the required critical area buffer and the footprint or foundation of a building, a structure or other development on a site.
“Candidate species (state-listed)”means species under review by the Department of Fish and Wildlife for possible listing as endangered, threatened or sensitive. A species will be considered for state candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined for endangered, threatened, or sensitive in WAC
232-12-297. Currently listed state threatened or state sensitive species may also be designated as a state candidate species if their status is in question. State candidate species will be managed by the Department of Fish and Wildlife, as needed, to ensure the long-term survival of populations in Washington. See the current WDFW Priority Habitats and Species list for Kitsap County for all listed and candidate species.
as defined by WAC
173-26-020, as now or hereafter amended, 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.
means the destruction, disturbance or removal of vegetation by physical, mechanical, chemical or other means.
“Compensation”means replacement of projectinduced critical area (e.g., wetland) losses of acreage or functions, and includes, but is not limited to, restoration, creation, or enhancement.
“Conversion option harvest plan (COHP)”means a plan for landowners who want to harvest their land but wish to maintain the option for conversion pursuant to WAC
222-20-050. Conversion to a use other than commercial timber operation shall mean a bonafide conversion to an active use which is incompatible with timber growing.
means actions performed to intentionally attempt to establish a critical area at a site where it did not formerly exist.
“Critical aquifer recharge areas”means those land areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge (WAC
365-190-030(3)).
means a permit that is associated with uses and activities proposed in critical areas, buffers or building setbacks, for which no other land use development permit or approval is required by other city ordinances or requirements.
“Critical areas”include the following areas and ecosystems: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for potable water; (3) fish and wildlife habitat conservation areas; (4) geologically hazardous areas; and (5) frequently flooded areas.
“Danger tree”means any tree of any height, dead or alive, that presents a hazard to the public because of rot, root stem or limb damage, lean or any other observable condition created by natural process or manmade activity consistent with Chapter
296-54 WAC.
means stormwater facilities including all appurtenances associated with their designed functions, maintenance and security that are designed to store runoff while gradually releasing it at a predetermined controlled rate.
“Development”means all structures, alteration or modifications of the natural landscape above and below ground, on a particular site.
“Development proposal site”means, for purposes of this chapter, the legal boundaries of the parcel or parcels of land on which an applicant has applied for authority from the city of Poulsbo to carry out a development proposal.
“Director”shall mean the director of the city of Poulsbo planning department or a duly authorized designee.
“Draining (related to wetland)”means any human activity that diverts or reduces wetland groundwater and/or surface water sources so that functions and values are lost or the area no longer meets the definition of a wetland.
“Endangered species (state-listed)”means a species native to the state of Washington that is seriously threatened with extirpation throughout all or a significant portion of its range within the state. Endangered species are legally designated in WAC
232-12-014.
means actions performed to improve the condition of existing degraded critical areas (e.g., wetlands or streams) so that the functions they provide are of a higher quality; provided, that this activity does not significantly degrade another existing function or value.
“Erosion”means the process whereby the land surface is worn away by the action of water, wind, ice or other geologic agents and by processes such as gravitational creep or events such as landslides. Natural or geologic erosion occurs as an ongoing process that acts on all land surfaces to some degree. Human activities such as removing vegetation, increasing stormwater runoff or decreasing slope stability often accelerate or aggravate natural erosion processes.
“Existing and ongoing agriculture”includes those activities conducted on lands defined in RCW
84.34.020(2) or defined as agricultural practices in this chapter, for example, the operation and maintenance of existing farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, such as rotating crops or grasses used for grazing, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas; provided, that alteration of the contour of wetlands or streams by leveling or filling, other than that which results from normal cultivation, or draining of wetlands shall not be considered normal or necessary farming or ranching activities.
means a use of land or structure which was lawfully established or built and which has been lawfully continued but which does not conform to the regulations of the zone in which it is located as established by Title
18, this chapter, or amendments thereto.
means any species of plant or animal that is not indigenous (native) to an area.
“Extraordinary hardship”means that strict application of this chapter and/or programs adopted to implement this chapter by the regulatory authority would prevent all reasonable use of the parcel.
“Farm pond”means an open-water habitat of less than five acres and not contiguous with a stream, river, pond, lake or marine water created from a non-wetland site in connection with agricultural activities.
“Feeder bluff”means an eroding and/or retreating shore bluff that is part of natural coastal processes yielding sediment to area beaches.
“Filling” or “fill”means a deposit of earth or other natural or manmade material placed by artificial means, including, but not limited to, soil materials, debris, or dredged sediments.
“Fish and wildlife habitat”means those areas identified as being of critical importance to the maintenance of fish, wildlife, and plant species, including: areas within which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; commercial and recreational shellfish areas; kelp and eelgrass beds; forage fish spawning areas; naturally occurring ponds and their submerged aquatic beds that provide fish or wildlife habitat; waters of the state; lakes, ponds, streams or rivers planted with game fish by a government or tribal entity, or private organization; state natural area preserves and natural resources conservation areas.
“Fish and wildlife habitat conservation areas”means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. Fish and wildlife habitat conservation areas does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company (WAC
365-190-030).
means a person with experience and formal training in the principles of fisheries management and with practical knowledge in fish population surveys, stream surveys and other related data analyses of fisheries resources. Qualifications of a fisheries biologist include but are not limited to:
A. Certification by the American Fisheries Society;
A Bachelor of Science degree in fisheries or the biological sciences from an accredited institution and two years of professional fisheries experience; or
Five or more years of professional experience as a practicing fisheries biologist with a minimum three years of professional field experience.
“Flood fringe”means the portion of the floodplain inundated by the base flood but lying outside the floodway.
“Floodplain”means the floodway and the special flood hazard areas having the potential to flood once every one hundred years, or having a one percent chance of being equaled or exceeded in any given year.
“Floodway”means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
“Forest practices,”as defined in WAC
222-16-010(21), as amended, means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:
A. Road and trail construction;
Harvesting, final and intermediate;
Prevention and suppression of diseases and insects;
Brush control.
Forest practices shall not include preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources. |
“Frequently flooded areas”means lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. (WAC
365-190-030).
means the beneficial roles served by critical areas including, but not limited to, the following which are normally associated with wetlands: water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, historical and archaeological value protection, aesthetic value, and recreation. These beneficial functions are not listed in order of priority.
“Geologically hazardous areas”means areas as defined in WAC
365-190-030 and
365-190-120 that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Development in geologic hazard areas may be permitted when an approved geotechnical or geological report indicates that the development can be engineered to pose no significant threat to public health or safety.
means a person who is licensed by Washington State and has a Bachelor of Science degree in geologic sciences or a related field from an accredited college or university and/or has a minimum of five years of experience under the direction of a professional geologist.
“Geotechnical engineer”means a practicing geotechnical/civil engineer licensed and bonded as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least four years of professional experience in evaluating geologically hazardous areas.
“Geotechnical report” and “geological report”mean a study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater discharge, and engineering recommendations relating to slope and structural stability. The geotechnical report shall be prepared by or in conjunction with a licensed geo-technical engineer meeting the minimum qualifications of this chapter. Geological reports may contain the above information with the exception of engineering recommendations, and may be prepared by a geologist (see Section 700 of this chapter, Special Reports).
“Groundwater”means water in a saturated zone or stratum beneath the surface of land or water.
“Grubbing”means the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs, or other debris, and shall include the incidental removal of topsoil to a depth not exceeding twelve inches.
“Habitat”means the specific area or environment in which a particular type of plant or animal lives. An organism’s habitat provides all the basic requirements for life.
“Habitat management plan”means a report prepared by a professional wetland biologist, wildlife biologist or fisheries biologist which discusses and evaluates critical fish and wildlife habitat functions and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site.
“Habitat of local importance”means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or areas of high vulnerability to alteration, such as cliffs, talus, and wetlands.
“Hazardous substance(s)”means any liquid, solid, gas or sludge, including any materials, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
“Hydric soils”means soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.
“Hydrologist” or “hydrogeologist”means a person who has a Bachelor of Science degree in geologic sciences with an emphasis in hydrogeology from an accredited college or university and has a minimum of three years of experience in groundwater investigations, modeling and remediation and appropriate state licensing.
“Infiltration rate”means a general description of how quickly or slowly water travels through a particular soil type.
“Interdunal wetland”means a wetland that forms in the deflation plains and swales that are geomorphic features in areas of coastal dunes, as described in Washington State Wetland Rating System for Western Washington: 2014 Update.
“Interrupted buffer”means a critical area buffer width established by this chapter, where a legally established, nonconforming use of the buffer exists (e.g., a road or structures that lies within the width of the buffer required for the critical area).
“Investigation”means work necessary for land use application submittals such as surveys, soil logs, percolation tests or other related activities.
“Landslide hazard area”means an area potentially subject to risk of mass movement due to a combination of geologic, topographic and hydrologic factors.
“Liquefaction”means a process in which a water-saturated soil, upon shaking, suddenly loses strength and behaves as a fluid.
“Lot”means a single parcel of land, legally severed from a larger parcel, which is described and delineated in a long or short plat or which is described in a real estate conveyance.
“Low impact development”is a stormwater management and land development strategy applied at the parcel and/or subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions.
“Mitigation”means an action or set of actions undertaken to avoid, minimize or compensate for adverse critical area impacts. Mitigation includes the following steps, in sequential order (WAC
197-11-768):
A. Avoiding the impact altogether by not taking a specific action or part 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.
Monitoring the impact and taking the appropriate corrective measures.
“Natural environment”is an area having a unique asset or feature considered valuable for its natural or original condition which is relatively intolerant of intensive human use.
“Natural systems”means physical features or phenomena of nature sensitive, in varying degrees, to man’s disruptive activity.
“Normal maintenance”includes those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. Normal maintenance includes removing debris from, and cutting or manual removal of vegetation in, crossing and bridge areas. Normal maintenance does not include the use of fertilizer or pesticide application in wetlands, fish and wildlife habitat conservation areas, or their buffer areas or resource management areas. Maintenance does not include redigging existing drainage ditches in order to drain land in or adjacent to a regulated wetland or its buffer.
“Normal repair”means to restore a development to a state comparable to its original conditions within a reasonable period after decay or partial destruction except where repair involves total replacement which is not common practice or causes substantial adverse effects to the critical area.
“Open space”means any land area the preservation of which land would: (1) conserve and enhance natural or scenic resources; (2) protect streams or water supply; (3) promote the conservation of regulated critical areas.
“Ordinary high water mark”means that mark that is 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, that the soil has a character distinct from that of the abutting upland in respect to vegetation.
“Out-of-kind compensation”means to replace a critical area (e.g., wetland) with a substitute critical area (e.g., wetland) whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement “out-of-category,” such as replacement of wetland loss with new stream segments.
“Permeability”means the capacity of an aquifer or confining bed to transmit water.
“Permit”means any substantial development, variance, conditional use permit, or revision authorized under Chapter
90.58 RCW or Poulsbo Municipal Code requirements.
is a naturally existing or artificially created body of standing water less than twenty acres in size and not defined as “shorelines of the state” by Chapter
90.58 RCW (Shoreline Management Act).
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 to critical areas. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.
“Priority habitat”means habitat type or elements with unique or significant value to one or more species as classified by the State Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element.
“Priority species”include species requiring protective measures for their survival due to their population status, sensitivity to habitat alteration, and/or recreational, commercial or tribal importance.
“Public access”means physical or visual admittance of the critical area environment.
“Public facilities”means facilities which are owned, operated and maintained by a public agency.
“Public project of significant importance”means a project funded by a public agency, department or jurisdiction which is found to be in the best interests of the citizens of the city of Poulsbo and is so declared by the city of Poulsbo city council in a resolution.
“Public right-of-way”means any road, alley, street, avenue, arterial, bridge, highway, or other publicly owned ground or place used or reserved for the free passage of vehicular and/or pedestrian traffic or other services, including utilities.
“Public utility”means a business or service, either governmental or having appropriate approval from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need such as electricity, gas, sewer and/or wastewater, water, transportation or communications.
“Qualified specialist”means a person with a degree, license, certification, or demonstrated expertise in the pertinent scientific discipline relating to a particular type of critical area, and with a minimum of two years of professional experience in the discipline. Qualified specialists must demonstrate academic training and professional experience that is appropriate for analyzing the relevant critical area and preparing required technical reports.
“Ravine”means a V-shaped landform generally having little to no floodplain and normally containing steep slopes and is deeper than ten vertical feet as measured from the centerline of the ravine to the top of the slope. Ravines are created by the wearing action of streams.
“Reasonable alternative”means an activity that could feasibly attain or approximate a proposal’s objectives, but at a lower environmental cost or decreased level of environmental degradation.
Reasonable Use.A property is deprived of all reasonable use when the owner can realize no reasonable return on the property or make any productive use of the property. “Reasonable return” does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather, where there can be no beneficial use of the property; and which is attributable to the implementation of this chapter.
“Reasonable use exception”means the process by which the city determines allowable use of a property which cannot conform to the requirements of this chapter.
“Refuse”means material placed in a critical area or its buffer without permission from any legal authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires, automobiles, construction and household refuse. This does not include large woody debris used with an approved enhancement plan.
“Regulated use or activity”means any development proposal which includes or directly affects a critical area or its buffer or is occurring within two hundred feet of a critical area.
“Residential development”means the construction or exterior alteration of one or more buildings, structures or portions thereof which are designed for or used to provide a place of abode for human beings. Residential development includes one- and two-family detached structures, multifamily structures, condominiums, townhouses, mobile home parks, and other similar group housing, together with accessory uses and structures common to residential uses. Residential development does not include hotels, motels, bed and breakfasts, or any other type of overnight or transient housing or camping facilities.
“Restoration”means the return of a critical area to a state in which its functions and values approach its unaltered state as closely as possible.
“Retention facilities”means drainage facilities designed to store runoff for gradual release by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall include all such drainage facilities designed so that none or only a portion of the runoff entering the facility will be eventually discharged as surface water. Retention facilities shall include all appurtenances associated with their designed function, maintenance and security.
“Riparian area”means an area that includes the land which supports riparian vegetation and may include some upland, depending on site conditions. These generally occur adjacent to water bodies where specific measures are needed to protect fish and wildlife habitat.
“Riparian management zone”means the designated buffer area contiguous or adjacent to a stream that is required for the continued maintenance, function, and structural stability of the stream. Functions of the buffer include shading, uptake of nutrients, stabilization of banks, protection from intrusion, large wood delivery, pollution removal, or maintenance of wildlife. These generally occur adjacent to water bodies where specific measures are needed to protect fish and wildlife habitat needs and watershed functions.
“Road” or “street”means any vehicular right-of-way which: (1) is an existing state, county or municipal roadway; or (2) is a publicly owned easement; or (3) is shown upon a plat or short plat approved pursuant to the Poulsbo Municipal Code; or (4) is a private access greater than fifty feet in length serving more than one property through right of use or easement. The road or street shall include all land within the boundaries of the road right-of-way which is improved.
“Salmonid”means a member of the fish family salmonidae. This family includes Chinook, coho, chum, sockeye and pink salmon; rainbow, steelhead and cutthroat trout; brown trout; brook and Dolly Varden char, kokanee, and whitefish.
“Sensitive species (state-listed)”means a species, native to the state of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or the removal of threats. Sensitive species are legally designated in WAC
232-12-011.
means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except (1) shorelines of statewide significance, (2) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments, and (3) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.
“Single-family dwelling”means a building or structure which is intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by one family and including accessory structures and improvements.
Slope—Measurement.A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten feet of vertical relief.
“Special flood hazard area”means the area adjoining the floodway which is subject to a one percent or greater chance of flooding in any year, as determined by engineering studies acceptable to the city of Poulsbo. The coastal high hazard areas are included within special flood hazard areas.
“Species of concern”are species classified as endangered, threatened, sensitive, candidate, or monitored by the Washington Department of Fish and Wildlife.
“Species of local importance”means those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species.
“Streams”means those areas in the city of Poulsbo where the surface water flow is sufficient 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 artificial water-courses unless they are used by salmon or used to convey streams naturally occurring prior to construction.
“Susceptibility (groundwater)”means the potential an aquifer has for groundwater contamination, based on factors which include but are not limited to depth of aquifer, soil permeability, topography, hydraulic gradient and conductivity, and precipitation.
“Swale”means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.
“Threatened species (state-listed)”means a species, native to the state of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats. Threatened species are legally designated in WAC
232-12-011.
means a distinct topographic break in slope. Where no distinct break exists, this point shall be the lowermost limit of the landslide hazard area as defined and classified in Section 400 of this chapter.
“Top of slope”means a distinct topographic break in slope. Where no distinct break in slope exists, this point shall be the uppermost limit of the landslide hazard area as defined and classified in Section 400 of this chapter.
“Unavoidable and necessary impacts”are those impacts to critical areas that remain after an applicant proposing to alter such an area has demonstrated that no practicable alternative exists for the proposed project.
“Utilities”means services which produce or carry electric power, gas, sewage, water, communications, oil, etc.
“Utility corridor or easement”means public right-of-way or other dedicated utility easements on which one or more utility lines are located. Utilities include electric, gas, sewer, and water lines.
“Vegetation”means any and all living plant species growing at, below, or above the soil surface.
“WAC”means the administrative rules implementing state laws.
“Water-dependent use”means a use or portion of a use which requires direct contact with the water and cannot exist at a nonwater location due to 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, aquaculture, float plane facilities, and sewer outfalls.
“Water-related use”means a use or a portion of a use which is not intrinsically dependent on a water-front location but whose operation cannot occur economically without a waterfront location. Examples of water-related uses may include 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.
“Wetland habitat score”means the numerical value assigned to a wetland’s ability to provide habitat functions for wildlife, as determined by applying the Washington State Department of Ecology’s Wetland Rating System for Western Washington: 2014 Update (Publication No. 23-06-009). The score is based on a standardized evaluation of multiple habitat features, including but not limited to: vegetation structure and interspersion, wetland size, proximity and connectivity to other habitat areas, presence of special habitat features (such as snags, downed wood, and islands), buffer condition and width, and the extent of invasive species. The wetland habitat score ranges from three to twenty-seven points. Higher scores indicate wetlands with greater habitat value and function, and are used to determine the wetland’s overall category and the level of regulatory protection required under the jurisdiction’s critical areas ordinance.
“Wetland mosaic”means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; patches are less than one hundred feet from each other; and areas delineated as wetland are more than fifty percent of the total area of the entire mosaic, including uplands and open water.
“Wetland of high conservation value”means a wetland that has been identified by scientists from the Washington Natural Heritage Program (WHNHP) as an important ecosystem for maintaining plant diversity in Washington State.
“Wetlands”are those 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 created to mitigate the conversion of wetlands (WAC
365-190-030).
means a wetland delineation characterization and analysis of potential impacts to wetlands utilizing the current approved Corps of Engineers Wetland Delineation manual (1987 or as amended) and associated supplements, consistent with applicable provisions of this chapter.
“Wetlands specialist”means a person with experience and formal training in wetland issues and with practical knowledge in wetland delineations, classifications, functional assessments and mitigation plans. Qualifications of a wetlands specialist include but are not limited to:
A. Certification as a professional wetland scientist (PWS) or wetland professional in training (WPIT) through the Society of Wetland Scientists;
Bachelor of Science or Arts or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife or related field from an accredited institution and two years of professional field experience; or
Five or more years of professional experience as a practicing wetlands biologist with a minimum three years of professional experience delineating wetlands.
“Wildlife biologist”means a person with experience and formal training in the principles of wildlife management and with practical knowledge in the habits, distribution and environmental management of wildlife. Qualifications of a wildlife biologist include but are not limited to:
A. Certification as a professional wildlife biologist through the Wildlife Society;
Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology, ecology, zoology, or a related field, from an accredited institution and two years of field experience; or
Five or more years of experience as a practicing wildlife biologist with a minimum of three years of practical field experience.
(Ord. 2025-19 § 2 (Exh. A), 2025)