“Accessory” means any use or development incidental to and subordinate to a primary use of a shoreline use or development. The terms accessory and appurtenant are synonymous. See also “appurtenance, residential.”

“Act” means the Washington State Shoreline Management Act (Chapter 90.58 RCW). (WAC 173-26-020(1))

“Adequate” means sufficient to satisfy an adopted requirement. If the town does not have an adopted requirement, adequate means to meet a need or demand generated by the proposed shoreline development or use as determined by the authority responsible to determine compliance with the shoreline master program per Article 8 of this chapter.

“Adverse impact” means an impact that can be measured or is tangible and has a reasonable likelihood of causing moderate or greater harm to ecological functions or processes or other elements of the shoreline environment.

“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; and maintaining agricultural lands under production or cultivation.

“Alteration” means any human-induced change in an existing condition of a shoreline, critical area and/or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), draining, construction, compaction, excavation, or any other activity that changes the character of the area.

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

“Anadromous fish” means fish species that spend most of their lifecycle in saltwater but return to freshwater to reproduce.

“Applicable” means the shoreline goal, objective, policy, or standard is relevant or appropriate, or the shoreline development meets the threshold upon which a requirement is based as determined by the authority responsible to determine compliance with the shoreline master program per Article 8 of this chapter.

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

“Appurtenance, residential” means improvement necessarily connected to the use and enjoyment of a single-family residence when located landward of the OHWM, the perimeter of a wetland and outside their corresponding required buffers. Appurtenances may include, but are not limited to, a garage and/or shop; driveway; utilities; fences; yards; antennas; decks; walkways; and installation of a septic tank and drainfield and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the OHWM.

“Aquaculture” means the cultivation of fish, shellfish, and/or other aquatic animals or plants, including the incidental preparation of these products for human use.

“Aquatic” means pertaining to those areas waterward of the OHWM.

“Archaeological” means having to do with the scientific study of material remains of past human life and activities.

“Archaeological object” means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, graves, skeletal remains and technological by-products.

“Archaeological resource/site” means a geographic locality in Washington, including, but not limited to, submerged and submersible lands and the bed of the sea within the state’s jurisdiction, that contains archaeological objects.

“Archaeologist, professional” means a person who meets qualification standards promulgated by DAHP and the National Park Service and published in 36 CFR Part 61 and which define minimum education and experience required to perform identification, evaluation, registration and treatment activities for archaeological sites. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the properties involved.

“Associated wetlands” means wetlands that are in proximity to tidal waters, lakes, rivers or streams that are subject to the Act and either influence or are influenced by such waters. Factors used to determine proximity and influence include but are not limited to: location contiguous to a shoreline waterbody, formation by tidally influenced geo-hydraulic processes, presence of a surface connection including through a culvert or tide gate, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity.

“Authorized use” means any use allowed in shoreline jurisdiction either by appropriate shoreline permit or exemption.

“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.

“Berm” means a linear mound or series of mounds of sand and/or gravel generally paralleling the water at or landward of the OHWM. Also, a linear mound used to screen an adjacent activity, such as a parking lot, from transmitting excess noise and glare. Also, a raised planting area in wetland or stream buffers.

“Best management practices” means conservation practices or systems of practices and management measures, often promulgated by state and federal agencies or the town, that:

“Bioengineering” means the use of biological elements, such as the planting of vegetation, often in conjunction with engineered systems, to provide a structural shoreline stabilization measure with minimal negative impact to the shoreline ecology.

“Biofiltration system” means a storm water or other drainage treatment system that utilizes as a primary feature the ability of plant life to screen out and metabolize sediment and pollutants. Typically, biofiltration systems are designed to include grassy swales, retention ponds and other vegetative features.

“Boating facilities” means developments and uses that support access to shoreline waters for purposes of boating, including marinas, community piers, residential piers, public and private boat launches, and mooring buoys and piles.

“Bog” means a wet, spongy, poorly drained area which is usually rich in very specialized plants, contains a high percentage of organic remnants and residues, and frequently is associated with a spring, seepage area, or other subsurface water source. A bog sometimes represents the final stage of the natural process of eutrophication by which lakes and other bodies of water are very slowly transformed into land areas.

“Buffer” or “shoreline buffer” means the area adjacent to a shoreline that separates and protects the waterbody from adverse impacts associated with adjacent land uses. It is designed and designated to remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, to provide habitat for wildlife, to afford limited public access, and to accommodate certain other specified uses that benefit from a shoreline location. The dimensions of the shoreline buffer are established in the vegetation conservation sections of this SMP.

“Building” means any combination of materials constructed, placed or erected permanently on the ground or attached to something having a permanent location on the ground, for the purpose of shelter, support or enclosure of persons, animals or property, or when supporting any use, occupancy or function. Excluded from this definition are structures waterward of the OHWM, all forms of vehicles even though immobilized, residential fences, retaining walls less than three feet in height, rockeries and similar improvements of a minor nature. The terms “building” and “structure” are synonymous.

“Bulkhead” means a solid wall erected generally parallel to and at or near the OHWM for the purpose of protecting adjacent uplands from waves or current action.

“Channel migration zone (CMZ)” means the area along a river or stream within which the channel(s) can reasonably be expected 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. It encompasses that area of current and historic lateral stream channel movement that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. The definition utilized by FEMA references where the river has migrated over the past 100 years and may be expected to migrate over the next 100 years.

“Channelization” means the straightening, relocation, deepening or lining of stream channels, including construction of continuous revetments or levees for the purpose of preventing gradual, natural meander progression.

“Clearing” means the destruction or removal of vegetation ground cover, shrubs and trees including, but not limited to, root material, duff and/or topsoil removal.

“Commercial development” means those developments whose primary use is for retail, service or other commercial business activities. Included in this definition are developments such as hotels, motels, bed and breakfast establishments, or other commercial accommodations, shops, restaurants, banks, professional offices, grocery stores, laundromats, recreational vehicle parks, and indoor or intensive outdoor commercial recreation facilities.

“Commercial uses” means those activities engaged in commerce and trade and involving the exchange of money, including but not limited to retail, services, wholesale, or business trade activities. Examples include, but are not limited to, hotels, river guide services, motels, or other commercial accommodations, grocery stores, restaurants, shops, commercial recreation facilities, and offices.

“Community access” means the right of all property owners or members of a residential development to reach and use the waters of the state, the water/land interface, and associated shoreline area. It includes physical access that is either lateral (areas paralleling the shore) or perpendicular (an easement or community corridor to the shore), and/or visual access facilitated by scenic roads and overlooks, viewing platforms, and other community sites or facilities. Community access is not intended for the general public.

“Conditional use, shoreline” means a use, development, or substantial development which is classified as a conditional use or is not classified within this SMP. Those activities identified as conditional uses or not classified in this SMP must be treated according to the review criteria established in WAC 173-27-160.

“Conservation” means the prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the sustainable use of natural resources to prevent depletion or harm to the environment.

“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land for purposes of natural resources conservation. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property.

“Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in ground water, air, or soil or that occurs at concentrations greater than those in the natural levels.

“County” means Pierce County, Washington.

“Critical aquifer recharge area” means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for potable water as defined by WAC 365-190-030(2).

“Critical habitat” means habitat areas with which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 220-200-100 or 220-610-010; in the Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations. Local watershed plans also provide critical habitat information.

“DAHP” means the Washington State Department of Archaeology and Historic Preservation.

“Department of Ecology” or “Ecology” means the Washington State Department of Ecology.

“Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state subject to Chapter 90.58 RCW at any stage of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.

“Development regulations” means the controls placed on development or land uses by local government, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.

“Dike” means an artificial embankment or revetment normally set back from the bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land.

“Document of record” means the most current shoreline master program officially approved or adopted by rule by the Department of Ecology for a given local government jurisdiction, including any changes resulting from appeals filed pursuant to RCW 90.58.190.

“Dredging” means excavation or displacement of the bottom or shoreline of a waterbody.

“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.

“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.

“Emergency” means an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with the master program. Emergency construction is construed narrowly as that which is necessary to protect property and facilities from the elements. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW, these regulations, or this SMP, shall be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this SMP. As a general matter, flooding or seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.

“Enhancement” means alteration of an existing resource to improve or increase its characteristics, functions, or processes without degrading other existing ecological functions. Enhancements are to be distinguished from resource creation or restoration projects.

“Erosion” means the wearing away of land by the action of natural forces.

“Excavation” means the disturbance, displacement and/or disposal of unconsolidated earth material such as silt, sand, gravel, soil, rock or other material from all areas landward of OHWM.

“Exemption” means that certain specific developments as listed in WAC 173-27-040 are exempt from the definition of substantial developments and are therefore exempt from the shoreline substantial development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still be carried out in compliance with policies and standards of the Act and this SMP. Conditional use and/or variance permits may also still be required even though the activity does not need a shoreline substantial development permit.

“Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW 36.70A.030 and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that result in the filling of an area or bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use or has lain idle for more than five years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition.

“Fair market value” means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services, and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation, and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed, or found labor, equipment, or materials.

“Feasible” means, for the purpose of this master program, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:

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 town may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames. See “infeasible.”

“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.

“Floats” means a detached, anchored platform that is free to rise and fall with water levels, used for boat mooring, swimming or similar recreational activities that is not anchored or accessed directly from the shoreline.

“Flood control works” means methods or facilities designed to reduce flooding of adjacent lands, to control or divert stream flow, to retard bank erosion, or to create a reservoir.

“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 based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.

“Floodway” means the area, as identified in a master program, that has been established in Federal Emergency Management Agency flood insurance rate maps, updated flood modeling, or floodway maps. The floodway shall not include those lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

“Frequently flooded area” means an area subject to flooding, as defined by FIRM, once every 100 years.

“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 impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified engineers or geologists who are knowledgeable about the regional and local shoreline geology and processes.

Geotechnical Report. See “geotechnical analysis.”

Grade. See “average grade level.”

“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.

“Grassy swale” means a vegetated drainage channel that is designed to remove various pollutants from storm water runoff through biofiltration.

“Groins” means a barrier type of structure extending from the backshore or 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.

“Ground water” means all water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves (Chapter 90.44 RCW).

“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.

“Guidelines” means those standards adopted by the Department of Ecology into the Washington Administrative Code (WAC) 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 of Ecology in developing and amending master programs.

“Habitat” means the place, including physical and biotic conditions, where a plant or animal usually occurs or could occur and is fundamentally linked to the actual or potential distribution and abundance of species. A species may use a habitat or a structural component of the habitat for all or part of its lifecycle and may adapt to use various habitats. Habitat is scale-dependent and refers to a large geographic area, a species’ home range, a local setting, or a site-specific feature. Habitat may perform a specific function for a species or multiple species and may include those elements necessary for one or more species to escape extreme conditions, feed, migrate, breed, or travel.

“Hard structural shoreline stabilization” means shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear, vertical or near-vertical faces. These include bulkheads, riprap, groins, and similar structures.

“Height” means the vertical dimension measured from average grade to the highest point of a structure; provided, that antennas, chimneys, and similar appurtenances shall not be used in calculating height, unless such appurtenance obstructs the view of a substantial number of adjacent residences. Temporary construction equipment is excluded in this calculation.

“Historic preservation professional” means individuals who meet standards promulgated by the DAHP as well as the National Park Service and published in 36 CFR Part 61. These standards address minimum education and experience required to perform identification, evaluation, registration and treatment activities for historic properties. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the properties involved. (Based on http://www.dahp.wa.gov/pages/EnvironmentalReview/Consultants.htm)

“Historic site” means sites that are eligible or listed on the Washington Heritage Register, National Register of Historic Places or any locally developed historic registry formally adopted by the town.

“Hydrological” means the science related to the waters of the earth including surface and ground water movement, evaporation and precipitation. Hydrological functions in shoreline include water movement, storage, flow variability, channel movement and reconfiguration, recruitment and transport of sediment and large wood, and nutrient and pollutant transport, removal and deposition.

“Impervious surface” means those hard surfaces that prevent or retard the entry of water into the soil. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, gravel driveways, parking lots, walkways, patio areas or storage areas, which similarly affect the natural infiltration.

“Industrial development” means facilities for processing, manufacturing, and storage of finished or semi-finished goods, including but not limited to oil, metal or mineral product refining, power generating facilities, including hydropower, ship building and major repair, storage and repair of large trucks and other large vehicles or heavy equipment, related storage of fuels, commercial storage and repair of fishing gear, warehousing construction contractors’ offices and material/equipment storage yards, wholesale trade or storage, and log storage on land or water, together with necessary accessory uses such as parking, loading, and waste storage and treatment. Excluded from this definition are mining including onsite processing of raw materials, and off-site utility, solid waste, road or railway development, and methane digesters that are accessory to an agricultural use.

“Industrial uses” means the production, processing, manufacturing, or fabrication of goods or materials, including warehousing and storage of materials or production.

Infeasible. To determine that an action, such as a development project, mitigation, or preservation requirement, is infeasible, the following conditions are found:

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 town may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames. Also see “feasible.”

“Infiltration” means the passage or movement of water into the soil surface.

“Institutional” means those public and/or private facilities including, but not limited to, police and fire stations, libraries, activity centers, schools, educational centers, water-oriented research facilities, and similar uses. These may also be called public facilities.

“In-stream structure” means a structure placed by humans within a stream or river waterward of the OHWM that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.

“Invasive species” means a species that is:

Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the primary means of invasive species introductions.

“Jurisdiction” means the shoreline jurisdiction as established in Article 2 of this chapter.

“Landslide” means a general term covering a wide variety of mass movement landforms and processes involving the down-slope transport, under gravitational influence, of soil and rock material en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rock slides, and rock falls.

“Large woody debris” means logs, limbs, or root wads four inches or larger in diameter, delivered to waterbodies from adjacent riparian or upslope areas or from upstream areas.

“Launch ramp” means an inclined slab, set of pads, planks, or graded slope which extends waterward of the OHWM, and is used for transferring watercraft between uplands and the water with trailers or occasionally by hand.

“Legally established” means a use or structure in compliance with the laws and rules in effect at the time of creation of the use or structure.

“Levee” means a natural or artificial embankment on the bank of a stream for the purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on their sides.

“Local government” means any county, incorporated town or town which contains within its boundaries shorelines of the state subject to Chapter 90.58 RCW.

“Maintenance, normal” means those usual acts to prevent a decline, lapse, or cessation from a legally established condition.

“May” refers to actions that are acceptable, provided they conform to the provisions of this master program and the Act.

“Mineral extraction” means the removal of topsoil, gravel, rock, clay, sand or other earth material, including accessory activities such as washing, sorting, screening, crushing and stockpiling. Not included is the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) subject to the provisions of this SMP.

“Mitigation” (or “mitigation sequencing”) means the process of avoiding, reducing, or compensating for the environmental impact(s) of a proposal.

“Mixed use” means a combination of uses within the same building or site as a part of an integrated development project with functional interrelationships and coherent physical design.

“Mixed-use commercial” means developments that include water-dependent commercial uses combined with water-related, water-enjoyment uses and/or non-water-oriented commercial uses. Mixed-use developments can be a tool for water-dependent activities, civic revitalization, and public access to the shoreline.

“Mixed-use residential” means mixed-use developments that include water-dependent and water-oriented commercial uses together with single-family or multifamily uses while promoting public access for significant numbers of the public or providing an ecological restoration resulting in a public benefit. This mix of uses is intended to reduce transportation trips, use land efficiently, and provide for waterfront commerce and housing options.

“Modification” means a change or alteration in existing materials, including structures and plans.

“Modification, shoreline” 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, dock, weir, dredged basin, fill, bulkhead, or other shoreline structures. They can include other actions, such as clearing, grading, or application of chemicals.

“Multifamily dwelling” (or “residence”) means a building containing two or more dwelling units, including, but not limited to, duplexes, apartments and condominiums.

“Must” means a mandate; the action is required.

Navigable Waters. Navigable waters of the United States are those waters that are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

“Necessary” is a word describing an element that is essential, indispensable or needed to achieve a certain result or effect.

“No net loss” means a public policy goal and requirement to maintain the aggregate total of the town’s shoreline ecological functions at its current level of environmental resource productivity. For purposes of reviewing and approving this SMP, “current” is equivalent to the date of the Final Shoreline Inventory and Analysis Report (June 2011). As a development and/or mitigation standard, no net loss requires that the impacts of a particular shoreline development and/or use, whether permitted or exempt, be identified and prevented or mitigated, such that it has no resulting adverse impacts on shoreline ecological functions or processes relative to the legal condition just prior to the proposed development and/or use.

“Nonconforming development” or “nonconforming structure” means an existing structure that was lawfully constructed at the time it was built but is no longer fully consistent with present regulations such as setbacks, buffers or yards; area; bulk; height or density standards due to subsequent changes to the master program.

“Nonconforming lot” means a lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth or area due to subsequent changes to the master program.

“Nonconforming use” means an existing shoreline use that was lawfully established prior to the effective date of the Act or the applicable master program, but which does not conform to present use regulations due to subsequent changes to the master program.

“Nonpoint pollution” means pollution that enters any waters of the state from any dispersed land-based or water-based activities, including, but not limited to, atmospheric deposition, surface water runoff from agricultural lands, urban areas, or forest lands, subsurface or underground sources, or discharges from boats or marine vessels not otherwise regulated under the National Pollutant Discharge Elimination System program.

“Nonstructural shoreline stabilization” means actions taken to address erosion, including but not limited to building setbacks, relocation of structures, ground water management, and planning and regulatory measures.

“Nonwater-oriented uses” means those uses that are not water-dependent, water-related, or water-enjoyment.

Normal Maintenance. See “maintenance, normal” and “repair, normal.”

“Normal protective bulkhead” means those structural and nonstructural developments installed at or near, and parallel to, the OHWM for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion.

Normal Repair. See “repair, normal” and “maintenance, normal.”

“Noxious weeds” means a special sub-class of invasive plant species listed as Class A or B by the Washington State Noxious Weed Control Board.

“Off-site replacement” means to replace wetlands or other shoreline environmental resources away from the site on which a resource has been impacted by a regulated activity.

“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 of Ecology.

“Overwater structures” means any structure located waterward of the OHWM. Common examples include, but are not limited to, residential docks, marinas, and bridges over waterways.

“Parking” means a place where vehicles are temporarily stored while an activity is being conducted. Local parking is located onsite intended to serve and support a primary use(s) of a property. Regional parking is a parking area intended to support a district with multiple uses.

“Party of record” means all persons, agencies, or organizations who have submitted written or verbal comments in response to a notice of application, made oral comments in a formal public hearing conducted on the application, or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.

“Periodic” means occurring at regular intervals.

“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated.

“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; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, or snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife. Priority habitats also include specific areas that have been identified in local watershed plans.

“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.

“Provisions” means policies, regulations, standards, guideline criteria or designations.

“Public access” means the public’s right to reach and use the state’s public waters, the water/land interface, and associated shoreline area. It includes physical access that is either lateral (areas paralleling the shore) or perpendicular (an easement or public corridor to the shore), and visual access facilitated by means such as scenic roads and overlooks, viewing platform, and other public sites or facilities. See also “community access.”

“Public interest” means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected such as an effect on public property or on health, safety, or general welfare resulting from a use or development.

“Qualified professional” means a person with expertise and training appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, hydrology, geomorphology or related field, and have at least five years of related work experience. Specific qualified professionals must also meet the following criteria, or any other criteria included in Appendix B (Critical Areas Regulations):

“RCW” means Revised Code of Washington.

“Recreation” means an experience or activity in which an individual engages for personal enjoyment and satisfaction. Most shore-based outdoor recreation such as: fishing, beach combing, and rock climbing; various forms of boating, swimming, hiking, bicycling, horseback riding, camping, picnicking, watching or recording activities such as photography, painting, bird watching or viewing of water or shorelines, nature study and related activities.

“Recreational uses” means uses which offer activities, pastimes, and experiences that allow for the refreshment of mind and body. Examples include, but are not limited to, parks, launch ramps, golf courses, viewpoints, trails, public access facilities, public parks and athletic fields, and other low-intensity use outdoor recreation areas. Recreational uses that do not require a shoreline location, nor are related to the water, nor provide significant public access, are considered non-water-oriented. For example, a recreation use solely offering indoor activities would be considered non-water-oriented.

“Repair, normal” means to restore a development or structure to a state comparable to its original, legally established condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment.

“Residential uses” means buildings, structures or portions thereof that are designed and used as a place for human habitation. Included are single, duplex or multifamily dwellings, apartment/condominium buildings, manufactured homes, modular homes, and other structures that serve to house people. This definition includes accessory uses common to normal residential use, including but not limited to residential appurtenances, accessory dwelling units, home occupations, and family day care homes.

“Restore” (”restoration” or “ecological restoration”) means reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, the installation of vegetation or revegetation; removal of intrusive shoreline structures; the removal or treatment of toxic materials; the installation of large woody debris; and wetland projects. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

“Revetment” means facing of stone, concrete, etc., built to protect a steep slope, cliff, embankment, or shore structure against erosion by waves or currents.

“Riparian vegetation” means vegetation that tolerates and/or requires moist conditions and periodic free-flowing water thus creating a transitional zone between aquatic and terrestrial habitats which provides cover, shade and food sources for aquatic and terrestrial insects for fish, avian and mammalian species. Riparian vegetation and their root systems stabilize stream banks, attenuate high-water flows, provide wildlife habitat and travel corridors, and provide a source of limbs and other woody debris to terrestrial and aquatic ecosystems, which, in turn, stabilize stream beds.

“Riprap” means a layer, facing, or protective mound of stones placed to prevent erosion, scour, or sloughing of a structure or embankment; also, the stone so used.

“Runoff” means water that is not absorbed into the soil but rather flows along the ground surface following the topography.

“Sanitary sewer” means a system designed to accept sewage to be deposited into and carried off by a system of lateral sewers, drains, and pipes to a common point, or points, for transfer to treatment or disposal.

“Sediment” means the fine-grained material deposited by water or wind.

SEPA (State Environmental Policy Act). SEPA requires state agencies, local governments and other lead agencies to consider environmental factors when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process, environmental impact statements (EISs) may be required to be prepared and public comments solicited.

“Setback” means the distance between the property line and the foundation wall of the primary structure or easement.

“Setback, side” means the distance between the side lot line and the foundation wall of the primary structure.

“Sewage” means any urine, feces, and the water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places.

“Shall” means a mandate; the action must be done. See also “must.”

“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology.

“Shoreline administrator” means the town of South Prairie mayor or designee.

“Shoreline areas” means all “shorelines of the state” and “shorelands” as defined in RCW 90.58.030.

“Shoreline environment designations” means the categories of shorelines established by local shoreline master programs in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas.

Shoreline Functions. See “ecological functions.”

“Shoreline jurisdiction” means all of the geographic areas covered by the SMA, related rules and this SMP. Also, such areas within a specified local government’s authority under the SMA. See “shorelines,” “shorelines of the state,” “shorelines of statewide significance” and “wetlands.” See also SPMC 15.14.180 of this SMP.

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

“Shoreline permit” means a shoreline substantial development, shoreline exemption, conditional use, revision, or variance permit or any combination thereof.

“Shoreline property” means an individual property wholly or partially within shoreline jurisdiction.

“Shoreline stabilization” means structural or nonstructural modifications to the existing shoreline intended to reduce or prevent erosion of uplands or beaches. They are generally located parallel to the shoreline at or near the OHWM. Other construction classified as shore defense works include groins, jetties, log jams and breakwaters, which are intended to influence wave action, currents and/or the natural transport of sediments along the shoreline.

“Shorelines” means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except:

“Shorelines Hearings Board (SHB)” means a six-member quasi-judicial body, created by the SMA, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by local government on Department of Ecology approval of master programs, rules, regulations, guidelines or designations under the SMA.

“Shorelines of statewide significance” means a select category of shorelines of the state, defined in RCW 90.58.030(2)(e), where special policies apply.

“Shorelines of the state” means the total of all “shorelines” and “shorelines of statewide significance” within the state.

“Should” means the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Act and this SMP, against taking the action.

“Sign” means a board or other display containing words and/or symbols used to identify or advertise a place of business or to convey information. Excluded from this definition are signs required by law and the flags of national and state governments.

“Significant ecological impact” means an effect or consequence of an action if any of the following apply:

“Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or groundcover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.

“Single-family residence (SFR)” means a single dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance.

“SMA” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended.

“Soft structural shoreline stabilization” means shoreline erosion control and restoration practices that contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation placed to provide shore stability in a nonlinear, generally sloping arrangement.

“State master program” means the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by Ecology.

“Storm water” means that portion of precipitation that does not normally percolate into the ground or evaporate but flows via overland flow, interflow, channels, ponds, or pipes into a defined surface water channel or constructed infiltration facility.

“Storm water facility” means a constructed component of a storm water drainage system designed or constructed to perform a particular function or multiple functions. Storm water facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales.

“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, storm water run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans. A shoreline stream is a naturally occurring body of periodic or continuously flowing water where:

This definition does not include artificially created irrigation, return flow, or stockwatering channels.

“Structural shoreline stabilization” means those measures, both “hard” and “soft,” that are taken to address shoreline erosion. Measures include, but are not limited to (in order from soft to hard), vegetation enhancement, upland drainage control, biotechnical measures, beach enhancement, anchor trees, gravel placement, rock revetments, gabions, concrete groins, retaining walls, and bulkheads.

“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, except for vessels.

“Subdivision” means the division or redivision of land, including short subdivision, for the purpose of sale, lease or conveyance.

“Substantial development, shoreline” means any development which meets the criteria of RCW 90.58.030(3)(e). See also “development” and “exemption.”

“Substantially degrade” means to cause significant ecological impact. An action is considered to substantially degrade the environment if:

“Surface water” means all water that exists on the land surface, including streams, lakes or reservoirs, or other bodies of surface water within the boundaries of the state.

“Swamp” means a depressed area flooded most of the year to a depth greater than that of a marsh and characterized by areas of open water amid soft, wetland masses vegetated with trees and shrubs. Extensive grass vegetation is not characteristic.

“Terrestrial” means of or relating to land as distinct from air or water.

“Transportation facilities” means roads and railways, related bridges and culverts, trails, fills, embankments, causeways, truck terminals and rail switchyards, sidings, spurs, water trail landings, and air fields. Not included are highway rest areas. Local transportation refers to facilities providing direct access to abutting land and to higher-order roads. Regional transportation refers to facilities serving more than one city or community or major destinations.

 – U –

“Unavoidable” means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented.

“Upland” means, generally, the dry land area above and landward of the OHWM.

“Utilities” means lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm water, sanitary sewage, oil, gas, power, and telephone cable, and includes facilities for the generation of electricity.

“Variance, shoreline” means a means to grant relief from the specific bulk, dimensional, or performance standards set forth in this master program and not a means to vary a use of a shoreline. Variance permits must be specifically approved, approved with conditions, or denied by the administrator and the Department of Ecology.

“Vessel” means a floating structure that is designed primarily for navigation, is normally capable of self-propulsion and use as a means of transportation, and meets all applicable laws and regulations pertaining to navigation and safety equipment on vessels, including, but not limited to, registration as a vessel by an appropriate government agency.

“WAC” means Washington Administrative Code.

“Waste storage and treatment” means facilities for collecting and treating, as an accessory use only, garbage, solid waste or sewage generated by the development and its users.

“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 impervious surfaces and storm water handling practices. Water quantity, for purposes of this master program, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.

“Waterbody” means a body of still or flowing water, fresh or marine, bounded by the OHWM.

“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. Examples of water-dependent uses may include sewer outfalls and water diversion facilities, such as agricultural pumphouses.

“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 fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to: parks and other improvements facilitating public access to the shorelines of the state, including public viewing or fishing platforms; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels (as part of mixed-use development or with significant public access or restoration components), and mixed-use commercial/office.

“Waterfront” means a parcel of property with upland characteristics which includes within its boundary a physical interface with the existing shoreline of a body of water.

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

“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:

Examples of water-related uses may include warehousing of goods transported by water, hydroelectric generating plants, gravel storage when transported by barge, log storage, and agriculturally or people-related water transportation systems.

“Watershed” means a geographic region within which water drains into a particular river, stream or body of water.

“Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act. Watershed restoration plans also include local sub-basin plans with actions that do not meet the level triggering SEPA requirements.

“Watershed restoration project” means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:

“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.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support – and that under normal circumstances do support – a prevalence of vegetation typically adapted for life in 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.

“Zoning” means the system of land use and development regulations and related provisions of the town of South Prairie. [Res. 2023-04 § 1 (Att. B), 2023; Ord. 580 Att. A § 8, 2019.]