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Kittitas (pronounced 'KITT-i-tass') County is located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains and the Columbia River.
Disclaimer: This web site is provided for informational purposes only. Although every effort has been made to provide accuracy, all information and resources shown are not official. Neither Kittitas County nor any of its agencies, officials or employees guarantees the accuracy of any information on this web site. Reliance upon the information contained on or accessed through this web site is entirely at your own risk. Kittitas County reserves the right to make changes without notice.
Title 17B | SHORELINES
Chapters 17B.01 Framework, Purpose, Principles and Applicability 17B.02 Definitions 17B.03 Goals and Objectives 17B.04 Environment Designations and Management 17B.05 General Policies and Regulations 17B.06 Shoreline Use and Modification Policies and Regulations 17B.07 Administration and Procedures 17B.08 Appendix A 17B.09 Appendix B
Chapter 17B.01 FRAMEWORK AUTHORIZATION, PURPOSE, PRINCIPLES, AND APPLICABILITY
Sections 17B.01.010 The Shoreline Management Act. 17B.01.020 Scope and jurisdiction of the Shoreline master program. 17B.01.030 Purpose and intent. 17B.01.040 Title and references. 17B.01.050 Public involvement process, advisory committee and agency coordination. 17B.01.060 Relationship to other plans. 17B.01.070 Applicability. 17B.01.080 Governing principles. 17B.01.090 Severability. 17B.01.100 Effective date.
17B.01.010 The Shoreline Management Act. The Washington State Shoreline Management Act (also referred to in this document as SMA or the Act) was passed by the legislature in 1971 and adopted by a vote of Washington’s citizens in a 1972 referendum (RCW 90.58). The goal of the Shoreline Management Act is "to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines." The Act also recognizes that "shorelines are among the most valuable and fragile" of the state’s resources.
The Act provides for the management and protection of the state’s shoreline resources by requiring planning for their reasonable and appropriate use. The area regulated under the Act includes lands within two hundred (200) feet of designated shorelines as well as certain wetlands, river deltas, floodways and floodplains associated with such shorelines.
The SMA establishes a balance of authority between local and state governments. Cities and counties have the primary review responsibility for development along their shorelines, and the state (through the Washington State Department of Ecology) has authority to review local master programs and local shoreline development permit decisions. (Ord. 2016-006, 2016)
17B.01.020 Scope and jurisdiction of the Shoreline master program. The Shoreline Management Act (SMA) applies to all 39 counties and more than 200 cities in Washington State that have "shorelines of the state" (RCW 90.58.030(2)) within their jurisdictional boundaries. Shorelines of the state include:
The Act recognizes that certain waters are so important to citizens that they necessitate a special status for classification and protection. These are "shorelines of statewide significance." The Act lists the following criteria for defining "shorelines of statewide significance" in Eastern Washington:
Any [natural rivers or segments thereof] east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer. (RCW 90.58.030(2)(f)(v)(B))
All or portions of the following water bodies in Kittitas County are shorelines of statewide significance:
In Kittitas County, shoreline jurisdiction includes: all shorelines of the state; upland areas (shorelands) within two hundred (200) feet of the ordinary high water mark of those waters; associated wetlands and river deltas; and floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways. A set of shoreline environment designation maps depicting the updated jurisdictional areas are included as Appendix A to this SMP. Shoreline environment designation descriptions are included in Appendix B. Depictions of the shoreline jurisdiction boundaries are for information purposes only and need to be confirmed in the field. (Ord. 2016-006, 2016)
17B.01.030 Purpose and intent. The purpose and intent of this SMP is to:
It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: Recognize and protect the statewide interest over local interest; Preserve the natural character of the shoreline; Result in long term over short term benefit; Protect the resources and ecology of the shoreline; Increase public access to publicly owned areas of the shorelines; Increase recreational opportunities for the public in the shoreline; Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state, and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use the water.
It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which:
In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state, and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use the water.
(Ord. 2016-006, 2016)
17B.01.040 Title and references. This Document shall be known and may be cited as the "Kittitas County Shoreline Master Program." This document may be referred to herein as the "Program," "Master Program," "Shoreline Master Program," or "SMP." Definitions referenced from WAC 173-26-020 are provided in Chapter 2, including "may", "must", "shall", and "should" which have specific meaning for implementation of the Shoreline Management Act. (Ord. 2016-006, 2016)
17B.01.050 Public involvement process, advisory committee and agency coordination.
1. Public information and outreach
Kittitas County conducted the periodic review process consistent with the requirements of RCW 90.58.080 and WAC 173-26-090. Kittitas County prepared a public participation plan that identified specific objectives, key stakeholders, and timelines for public participation activities.
2. Regional Shoreline Master Program website
A web page was developed and hosted on the Kittitas County website to share information about the regional SMP update process and to provide opportunities for the public to submit comments and input.
The webpage contained a range of information and documentation related to the development of the SMP update process including:
The webpage was kept current and maintained throughout the duration of the update.
3. Public Participation Opportunities
Due to Covid-19 social distancing requirements, Kittitas County was unable to host traditional open houses and public forums. In lieu of these public participation opportunities, Kittitas County used the SMP website to distribute information regarding draft versions of the SMP, background information related to the SMP update, and comment period timelines. Kittitas County accepted comments throughout the entire SMP update process, and also provided three distinct comment periods. Kittitas County published notices out for the SEPA Environmental Determination of Non-Significance, a joint public hearing held with the Department of Ecology, and a Board of County Commissioner public hearing before final adoption. These notices were sent to all RSS registered email addresses with Kittitas County and stakeholders. Kittitas County also sent out four press releases to news media, all RSS registered email addresses with Kittitas County, and stakeholders. The notices and press releases were also added to the SMP website.
17B.01.060 Relationship to other plans. The Growth Management Act (GMA) defines shoreline master program policies as a part of the local comprehensive plan:
For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A 020. . . . The goals and policies of a shoreline master program for a county or city approved under RCW Chapter 90.58 shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under RCW Chapter 90.58, including use regulations, shall be considered a part of the county or city's development regulations. (RCW 36.70A.480(1))
Counties and cities that plan under the GMA are required, under RCW 36.70A, to ensure that there is internal consistency between the comprehensive plan elements, future land use plan, and implementing development regulations (including master programs. The GMA also calls for coordination and consistency of comprehensive plans among local jurisdictions:
The comprehensive plan of each county or city that is adopted pursuant to RCW 36.70A.040 shall be coordinated with, and consistent with, the comprehensive plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which the county or city has, in part, common borders or related regional issues. (RCW 36.70A.100)
This SMP update has been developed to comply with the GMA requirements for internal consistency with each jurisdiction’s comprehensive plan and implementing regulations as well as to ensure coordination and consistency between the County, Cities and Town. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.01.070 Applicability.
17B.01.080 Governing principles. The following principles, in conjunction with the policy statements of RCW 90.58.020, establish the foundation for the goals, policies and regulations of this Program:
(Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.01.090 Severability. Shall any chapter, section, subsection, paragraph, sentence, clause or phrase of this Program be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Program. (Ord. 2016-006, 2016)
17B.01.100 Effective date. This Program and all amendments thereto shall become effective 14 days after final approval by Ecology. (Ord. 2016-006, 2016)
Chapter 17B.02 DEFINITIONS
Sections 17B.02.005 Generally. 17B.02.010 Act. 17B.02.020 Administrator. 17B.02.030 Agricultural activities. 17B.02.040 Agricultural products. 17B.02.050 Agricultural equipment and agricultural facilities. 17B.02.060 Agricultural land. 17B.02.070 Alluvial fan or alluvial fan hazard area. 17B.02.080 Amendment. 17B.02.090 Approval. 17B.02.100 Aquaculture. 17B.02.101 Archaeological object. 17B.02.102 Archaeological site. 17B.02.103 Archaeological survey. 17B.02.105 Average grade level. 17B.02.110 Avulsion. 17B.02.115 Boat launch ramp. 17B.02.120 Boat launch ramp, primitive. 17B.02.125 Boat launch ramp, public or community. 17B.02.130 Bulkhead. 17B.02.135 Channel migration zone (CMZ). 17B.02.140 Conditional use. 17B.02.145 Comprehensive master program update. 17B.02.150 Comprehensive plan. 17B.02.155 Critical areas. 17B.02.160 Critical aquifer recharge area (CARA). 17B.02.165 Critical facility. 17B.02.167 Cultural resources. 17B.02.170 Dam. 17B.02.175 Degradation. 17B.02.180 Development. 17B.02.185 Development regulations. 17B.02.190 Ecological functions or shoreline functions. 17B.02.195 Ecological restoration. 17B.02.200 Ecologically intact shorelines. 17B.02.205 Ecosystem-wide processes. 17B.02.210 Enhancement. 17B.02.215 Environmental designation. 17B.02.220 Exempt. 17B.02.225 Fair market value. 17B.02.230 Feasible. 17B.02.235 Feedlot. 17B.02.240 Fill. 17B.02.245 Fish and wildlife habitat conservation area. 17B.02.250 Floodplain. 17B.02.255 Floodway. 17B.02.260 Frequently flooded areas. 17B.02.265 Geotechnical analysis or geotechnical report. 17B.02.270 Grading. 17B.02.275 Groundwater. 17B.02.280 Height. 17B.02.285 High intensity agricultural activities. 17B.02.287 Historic resources 17B.02.290 Hobby farm. 17B.02.293 Hydraulic Project Approval (HPA). 17B.02.295 Hyporheic zone. 17B.02.300 In-stream structure. 17B.02.305 Lake. 17B.02.310 Limited master program amendment. 17B.02.315 Local government. 17B.02.320 Marine. 17B.02.325 Master program or Shoreline master program or Program. 17B.02.330 May. 17B.02.335 Mineral prospecting. 17B.02.340 Mining. 17B.02.345 Must. 17B.02.350 Natural or existing topography. 17B.02.355 Nonconforming structure. 17B.02.360 Nonconforming use. 17B.02.365 Non-water-oriented uses. 17B.02.370 Ordinary high water mark (OHWM) 17B.02.375 Permit. 17B.02.380 Priority habitat. 17B.02.385 Priority species. 17B.02.387 Professional archaeologist. 17B.02.390 Program. 17B.02.392 Project area. 17B.02.395 Provisions. 17B.02.400 Public interest. 17B.02.405 Qualified professional. 17B.02.410 Rehabilitation. 17B.02.415 Restore, restoration, or ecological restoration. 17B.02.420 Riverine erosion hazard areas. 17B.02.425 Setback. 17B.02.430 Shall. 17B.02.435 Shorelands or shoreland areas. 17B.02.440 Shoreline areas and shoreline jurisdiction. 17B.02.445 Shoreline functions. 17B.02.450 Shoreline master program. 17B.02.455 Shoreline modifications. 17B.02.460 Shorelines. 17B.02.465 Shorelines of statewide significance. 17B.02.470 Shorelines of the state. 17B.02.475 Should. 17B.02.480 Significant vegetation removal. 17B.02.485 State master program. 17B.02.490 Structure. 17B.02.495 Structure, in-stream. 17B.02.500 Substantial development. 17B.02.505 Transmit. 17B.02.510 Type F water. 17B.02.515 Type Np water. 17B.02.520 Type Ns water. 17B.02.525 Type S water. 17B.02.530 Water-dependent use. 17B.02.535 Water-enjoyment use. 17B.02.540 Water-oriented use. 17B.02.545 Water quality. 17B.02.550 Water-related use. 17B.02.555 Water system. 17B.02.560 Wetland creation. 17B.02.565 Wetland restoration. 17B.02.570 Wetlands. 17B.02.575 Variance. 17B.02.580 Vessel. 17B.02.585 Acronym list.
17B.02.005 Generally. The terms used throughout this title shall be defined and interpreted as indicated below. When consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. Definitions established by WAC 173 have been incorporated herein; and should these definitions in the WAC be amended, the most current WAC definition shall apply. (Ord. 2016-006, 2016)
17B.02.010 Act. "Act" means the Washington State Shoreline Management Act, RCW Chapter 90.58. (Ord. 2016-006, 2016)
17B.02.020 Administrator. "Administrator" means the director of the Kittitas County Community Development Services or designee. (Ord. 2016-006, 2016)
17B.02.030 Agricultural activities. "Agricultural activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. (Ord. 2016-006, 2016)
17B.02.040 Agricultural products. "Agricultural products" includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty (20) years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products. (Ord. 2016-006, 2016)
17B.02.050 Agricultural equipment and agricultural facilities. "Agricultural equipment" and "agricultural facilities" includes, but is not limited to:
17B.02.060 Agricultural land. "Agricultural land" means those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program. (Ord. 2016-006, 2016)
17B.02.070 Alluvial fan or alluvial fan hazard area. "Alluvial fan" or "Alluvial fan hazard area" is a low, outspread, relatively flat-to- gentle sloping features deposited by a stream at the transitional area between valley floodplains and steep mountain slopes. Channel pattern is highly variable, often dependent on substrate size and age of the landform. Channels may change course frequently, resulting in a multi-branched stream network. Channels can also be deeply incised within highly erodible alluvial material. (Ord. 2016-006, 2016)
17B.02.080 Amendment. "Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program. (Ord. 2016-006, 2016)
17B.02.090 Approval. "Approval" means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the Washington State Department of Ecology for review and official action pursuant to this chapter; or an official action by the Washington State Department of Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program. (Ord. 2016-006, 2016)
17B.02.100 Aquaculture. "Aquaculture" means the culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery. (Ord. 2016-006, 2016)
17B.02.101 Archaeological object. “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, and technological by-products. (Ord. 2019-003, 2019)
17B.02.102 Archaeological site. "Archaeological site" means a geographic locality that contains archaeological objects. (Ord. 2019-003, 2019)
17B.02.103 Archaeological survey. “Archaeological survey” means a formal archaeological study completed by a professional archaeologist that conforms to, and is reported consistent with, DAHP’s then-current archaeological survey and reporting standards; and which at a minimum includes background research and a field investigation that includes appropriate sub-surface methodology. (Ord. 2019-003, 2019)
17B.02.105 Average grade level. "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 (OHWM). 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. (Ord. 2016-006, 2016)
17B.02.110 Avulsion. "Avulsion" means a sudden cutting off or separation of land by a flood breaking through a meander or by a sudden change in current whereby the stream deserts its old channel for a new one. (Ord. 2016-006, 2016)
17B.02.115 Boat launch ramp. "Boat launch ramp" means a graded slope, slab, pad, plank or rail used for launching boats by means of a trailer, hand, or mechanical device. (Ord. 2016-006, 2016)
17B.02.120 Boat launch ramp, primitive. "Boat launch ramp, primitive" means a boat launch ramp designed to facilitate hand launching of small crafts provided the materials and design are compatible with the site. (Ord. 2016-006, 2016)
17B.02.125 Boat launch ramp, public or community. "Boat launch ramp, public or community" means a boat launch ramp owned or operated by a public entity or privately owned or operated and open to the public or community group (e.g., homeowner’s association). (Ord. 2016-006, 2016)
17B.02.130 Bulkhead. "Bulkhead" means a wall-like, shoreline armoring structure such as a revetment that is placed parallel to the shoreline (at or near the OHWM) primarily for retaining uplands, stabilizing shoreline and fills, and prone to sliding or sheet erosion and to protect uplands and fills from erosion by waves or currents. (Ord. 2016-006, 2016)
17B.02.135 Channel migration zone (CMZ). "Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. (Ord. 2016-006, 2016)
17B.02.140 Conditional use. "Conditional use" means a use, development, or substantial development which is classified as a conditional use or is not classified within the master program. (Ord. 2016-006, 2016)
17B.02.145 Comprehensive master program update. "Comprehensive master program update" means a master program that fully achieves the procedural and substantive requirements of the Washington State Department of Ecology’s shoreline master program guidelines effective January 17, 2004, as now or hereafter amended. (Ord. 2016-006, 2016)
17B.02.150 Comprehensive plan. "Comprehensive plan" means the current comprehensive plan of the County, adopted by the Board pursuant to State law. (Ord. 2016-006, 2016)
17B.02.155 Critical areas. "Critical areas" includes the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" do 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. Natural watercourses such as streams and rivers that carry irrigation water are not considered to be an artificial feature. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.02.160 Critical aquifer recharge area (CARA). "Critical aquifer recharge area (CARA)" means an area designated by WAC 365-190-100 that is 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(3). (Ord. 2016-006, 2016)
17B.02.165 Critical facility. "Critical facility" means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste. (Ord. 2016-006, 2016)
17B.02.167 Cultural resources. "Cultural resources" means archaeological and historic sites and artifacts, as well as those traditional food, medicine, fibers, and objects that sustain the religious, ceremonial, and social activities of affected Native American tribes. (Ord. 2019-003, 2019)
17B.02.170 Dam. "Dam" means a barrier or controlling and appurtenant works across a stream or river that does or can confine, impound or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or debris. (Ord. 2016-006, 2016)
17B.02.175 Degradation. "Degradation" as it pertains to riverine morphology means the lowering of a streambed due to such factors as increased scouring. (Ord. 2016-006, 2016)
17B.02.180 Development. "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 pilings; placing of obstructions; interior building improvements that do not change the use or occupancy; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act at any stage state of water level. Residential development includes single-family development, multi-family development, and the creation of new residential lots through subdivision. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.02.185 Development regulations. "Development regulations" means the controls placed on development or land uses by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under RCW Chapter 90.58, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. (Ord. 2016-006, 2016)
17B.02.190 Ecological functions or shoreline functions. "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. See WAC 173-26-201(2)(c). (Ord. 2016-006, 2016)
17B.02.195 Ecological restoration. "Ecological restoration" see definition for "restore." (Ord. 2016-006, 2016)
17B.02.200 Ecologically intact shorelines. "Ecologically intact shorelines" means those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation, and provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Ecologically intact shoreline areas range from larger reaches that may include multiple properties to small areas located within a single property and are generally free of structural shoreline modifications, structures, and intensive human uses. (Ord. 2016-006, 2016)
17B.02.205 Ecosystem-wide processes. "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. (Ord. 2016-006, 2016)
17B.02.210 Enhancement. "Enhancement" means actions performed within an existing degraded shoreline, critical area, and/or buffer to intentionally increase or augment one or more ecological functions or values of the existing area. Enhancement actions include, but are not limited to, increasing plant diversity and cover; increasing wildlife habitat and structural complexity (snags, woody debris); installing environmentally compatible erosion controls; removing non-indigenous plant or animal species; or removing human-made structures or fill that are degrading ecological functions or values. (Ord. 2016-006, 2016)
17B.02.215 Environmental designation. "Environmental designation" means a categorical classification of a land parcel that reflects the biological and physical character of the shoreline, as well as the type of development that has or should take place in a given area. (Ord. 2016-006, 2016)
17B.02.220 Exempt. "Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the Act and the local master program. (Ord. 2016-006, 2016)
17B.02.225 Fair market value. "Fair market value" of a development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. (Ord. 2016-006, 2016)
17B.02.230 Feasible. "Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:
17B.02.235 Feedlot. "Feedlot" means the use of structures or pens for the concentrated feeding or holding of animals or poultry including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry and normal farming practices. (Ord. 2016-006, 2016)
17B.02.240 Fill. "Fill" means any solid or semi-solid material that when placed, changes the grade or elevation of the receiving site, including the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the ordinary high water mark (OHWM), in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. (Ord. 2016-006, 2016)
17B.02.245 Fish and wildlife habitat conservation area. "Fish and wildlife habitat conservation area" means Fish and Wildlife Habitat Conservation Areas (FWHCA) 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. These areas do 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. Natural watercourses such as streams and rivers that carry irrigation water are not considered to be an artificial feature (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.02.250 Floodplain. "Floodplain" is synonymous with one hundred-(100)-year floodplain and means that land area susceptible to inundation with a one percent (1%) 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. (Ord. 2016-006, 2016)
17B.02.255 Floodway. "Floodway" means the area, as identified in a master program, that either:
17B.02.260 Frequently flooded areas. "Frequently flooded areas" means lands in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater and those lands that provide important flood storage, conveyance, and attenuation functions. These areas include, but are not limited to, streams, rivers, lakes, wetlands, and areas where high groundwater forms ponds on the ground surface. As designated and classified determined by a local government in accordance with WAC 365-190-110. Classifications of frequently flooded areas include, at a minimum, the one hundred-(100)-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. (Ord. 2016-006, 2016)
17B.02.265 Geotechnical analysis or geotechnical report. "Geotechnical analysis" or "geotechnical report" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. (Ord. 2016-006, 2016)
17B.02.270 Grading. "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. (Ord. 2016-006, 2016)
17B.02.275 Groundwater. "Groundwater" means all the water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves. (Ord. 2016-006, 2016)
17B.02.280 Height. "Height" is measured from average grade level to the highest point of a structure: provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation. (Ord. 2016-006, 2016)
17B.02.285 High intensity agricultural activities. "High intensity agricultural activities" means dairies, animal feed lots, nurseries, greenhouses, and like uses which are commercially operated. (Ord. 2016-006, 2016)
17B.02.287 Historic resources. "Historic resources" or “Historic site” means those properties which are listed in or eligible for listing in the Washington State register of historic places (RCW 27.34.220) or the national register of historic places as defined in the national historic preservation act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended. (Ord. 2019-003, 2019)
17B.02.290 Hobby farm. "Hobby farm" means a primary residence with an associated small farm, operated for pleasure or supplemental income, where the resident(s) and/or property owner(s) conduct agricultural activities similar to high intensity agricultural activities. (Ord. 2016-006, 2016)
17B.02.293 Hydraulic Project Approval (HPA). A construction permit issued by the Washington Department of Fish and Wildlife for work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. (Ord. 2021-006, 2021)
17B.02.295 Hyporheic zone. "Hyporheic zone" is the region beneath and alongside a stream bed, where there is mixing of shallow groundwater and surface water. (Ord. 2016-006, 2016)
17B.02.300 In-stream structure. "In-stream structure" is a structure, other than a pier or dock, which is placed waterward of the ordinary high water mark and either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures include natural materials that are installed or repositioned by humans, such as root wads and log jams, for purposes of stream restoration or shoreline stabilization. (Ord. 2016-006, 2016)
17B.02.305 Lake. "Lake" means a body of standing water in a depression of land or expanded part of a stream, of twenty (20) acres or greater in total surface area, including reservoirs. A lake is bounded by the ordinary high water mark (OHWM), or where a stream enters the lake, the extension of the lake's OHWM within the stream. (Ord. 2016-006, 2016)
17B.02.310 Limited master program amendment. "Limited master program amendment" means a master program amendment that addresses specific procedural and/or substantive topics and which is not intended to meet the complete requirements of a comprehensive master program update. (Ord. 2016-006, 2016)
17B.02.315 Local government. "Local government" means any county, incorporated city or town which contains within its boundaries shorelines of the state subject to RCW Chapter 90.58. (Ord. 2016-006, 2016)
17B.02.320 Marine. "Marine" means pertaining to tidally influenced waters, including oceans, sounds, straits, marine channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia and Juan de Fuca, and the bays, estuaries, and inlets associated therewith. (Ord. 2016-006, 2016)
17B.02.325 Master program or Shoreline master program or Program. "Master program" or "Shoreline master program" or "Program" means the comprehensive use plan for a described area, 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 and the applicable guidelines. As provided in RCW 36.70A.480, the goals and policies of a shoreline master program approved under RCW Chapter 90.58 shall be considered an element of the county’s comprehensive plan. All other portions of the county’s shoreline master program adopted under RCW Chapter 90.58, including use regulations, shall be considered a part of the county’s development regulations. (Ord. 2016-006, 2016)
17B.02.330 May. "May" means the action is acceptable, provided it conforms to the provisions of this chapter. (Ord. 2016-006, 2016)
17B.02.335 Mineral prospecting. "Mineral prospecting" means to excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment, conducted according to the provisions of WAC 220-660-300. (Ord. 2016-006, 2016; Ord. 2021-006, 2021 )
17B.02.340 Mining. "Mining" means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses. Mining does not include mineral prospecting conducted according to WAC 220-110-200 through 220-110-206. (Ord. 2016-006, 2016)
17B.02.345 Must. "Must" means a mandate; the action is required. (Ord. 2016-006, 2016)
17B.02.350 Natural or existing topography. "Natural or existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. (Ord. 2016-006, 2016)
17B.02.355 Nonconforming structure. "Nonconforming structure" means a structure within the shoreline jurisdiction that was lawfully established prior to the effective date of this master program, or through the variance process, which does not conform to present setbacks, buffers, bulk, height or other development standards. (Ord. 2016-006, 2016)
17B.02.360 Nonconforming use. "Nonconforming use" means a use which was lawfully established prior to the effective date of this master program, or amendments thereto, but which does not conform to present regulations or standards of this program, including procedural requirements such as those requiring certain uses to obtain conditional use permit approval. (Ord. 2016-006, 2016)
17B.02.365 Non-water-oriented uses. "Non-water-oriented uses" means those uses that are not water-dependent, water-related, or water-enjoyment. (Ord. 2016-006, 2016)
17B.02.370 Ordinary high water mark (OHWM). "Ordinary high water mark (OHWM)" on all lakes, streams, and tidal water 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 Washington State Department of Ecology; provided that in any area where the OHWM cannot be found, the OHWM salt water shall be the line of mean higher high tide and the OHWM adjoining freshwater shall be the line of mean high water. (Ord. 2016-006, 2016)
17B.02.375 Permit. "Permit" means any substantial development, variance, conditional use permit, or revision authorized under RCW Chapter 90.58. (Ord. 2016-006, 2016)
17B.02.380 Priority habitat. "Priority habitat" means a habitat type with a unique or significant value to one (1) or more species. An area classified and mapped as priority habitat must have one (1) or more of the following attributes: comparatively high fish or wildlife densities; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridors; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish beds. A priority habitat may be described by its unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife (WAC 173-26-020(28)). (Ord. 2016-006, 2016)
17B.02.385 Priority species. "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 in WAC 173-26-020(29). (Ord. 2016-006, 2016)
17B.02.387 Professional archaeologist. “Professional archaeologist” means an archaeologist who meets the requirements set forth in RCW 27.53.030(11), and has at least a master’s degree in Anthropology or a related field and two years professional experience in archaeological fieldwork. (Ord. 2019-003, 2019)
17B.02.390 Program. "Program" see definition for "Master program." (Ord. 2016-006, 2016)
17B.02.302 Project area. “Project area” means any and all areas that may be affected by a project’s construction and operation. Both temporary and permanent effects must be considered. (Ord. 2019-003, 2019)
17B.02.395 Provisions. "Provisions" means policies, regulations, standards, guideline criteria or environment designations. (Ord. 2016-006, 2016)
17B.02.400 Public interest. "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 including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. (Ord. 2016-006, 2016)
17B.02.405 Qualified professional. "Qualified professional" means a person with experience and training with expertise appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A. degree or have appropriate education and experience in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology, or related field. (Ord. 2016-006, 2016)
17B.02.410 Rehabilitation. "Rehabilitation" means a type of restoration action intended to repair natural or historic functions and processes. Activities could involve breaching a dike to reconnect wetlands to a floodplain or other activities that restore the natural water regime. (Ord. 2016-006, 2016)
17B.02.415 Restore, restoration, or ecological restoration. "Restore," "restoration" or "ecological restoration" means the re-establishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, re-vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. (Ord. 2016-006, 2016)
17B.02.420 Riverine erosion hazard areas. "Riverine erosion hazard areas" are located within the lateral extent of likely watercourse channel movement due to bank destabilization and erosion, rapid incision, and shifts in location of watercourse channels. Riverine erosion hazard areas are also referred to as channel migration zones (CMZs). (Ord. 2016-006, 2016)
17B.02.425 Setback. "Setback" means the distance a building or structure is placed behind a specified limit such as a lot line or shoreline buffer. (Ord. 2016-006, 2016)
17B.02.430 Shall. "Shall" means a mandate; the action must be done. (Ord. 2016-006, 2016)
17B.02.435 Shorelands or shoreland areas. "Shorelands" or "shoreland areas" means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas landward two hundred (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 Washington State Department of Ecology.
17B.02.440 Shoreline areas and shoreline jurisdiction. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. (Ord. 2016-006, 2016)
17B.02.445 Shoreline functions. "Shoreline functions" see definition for "ecological functions." (Ord. 2016-006, 2016)
17B.02.450 Shoreline master program. "Shoreline master program" see definition for "Master program." (Ord. 2016-006, 2016)
17B.02.455 Shoreline modifications. "Shoreline modifications" means any human activity that changes the structure, hydrology, habitat, and/or functions of a shoreline. Bulkheads, piers, docks, shoreline stabilization systems, clearing and grading, application of chemicals, berms or significant vegetation removal, and dikes are all examples of shoreline modifications. (Ord. 2016-006, 2016)
17B.02.460 Shorelines. "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second (20 cfs) or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. (Ord. 2016-006, 2016)
17B.02.465 Shorelines of statewide significance. "Shorelines of statewide significance" means the shorelines identified in RCW 90.58.030 which because of their elevated status require the optimum implementation of the Shoreline Management Act’s policies. This includes all rivers with a mean annual flow of greater than two hundred cubic feet per second (200 cfs) and lakes with surface areas of one thousand (1,000) acres or more. (Ord. 2016-006, 2016)
17B.02.470 Shorelines of the state. "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state. (Ord. 2016-006, 2016)
17B.02.475 Should. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action. (Ord. 2016-006, 2016)
17B.02.480 Significant vegetation removal. "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. (Ord. 2016-006, 2016)
17B.02.485 State master program. "State master program" means the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by the Washington State Department of Ecology. (Ord. 2016-006, 2016)
17B.02.490 Structure. "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. (Ord. 2016-006, 2016)
17B.02.495 Structure, in-stream. "Structure, in-stream" see definition for "In-stream Structure." (Ord. 2016-006, 2016)
17B.02.500 Substantial development. "Substantial development" as defined by RCW 90.58.030(3)(e). (Ord. 2016-006, 2016)
17B.02.505 Transmit. "Transmit" means to send from one (1) person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination. (Ord. 2016-006, 2016)
17B.02.510 Type F water. "Type F water" means streams and waterbodies that are known to be used by fish, or meet the physical criteria to be potentially used by fish. Fish streams may or may not have flowing water all year; they may be perennial or seasonal. (Ord. 2016-006, 2016)
17B.02.515 Type Np water. "Type Np water" means streams that have flow year round and may have spatially intermittent dry reaches downstream of perennial flow. Type Np streams do not meet the physical criteria of a Type F stream. (Ord. 2016-006, 2016)
17B.02.520 Type Ns water. "Type Ns water" means stream that do not have surface flow during at least some portion of the year, and do not meet the physical criteria of a Type F water. (Ord. 2016-006, 2016)
17B.02.525 Type S water. "Type S water" means streams and waterbodies that are designated as "shorelines of the state." (Ord. 2016-006, 2016)
17B.02.530 Water-dependent use. "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. (Ord. 2016-006, 2016)
17B.02.535 Water-enjoyment use. "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. (Ord. 2016-006, 2016)
17B.02.540 Water-oriented use. "Water-oriented use" means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. (Ord. 2016-006, 2016)
17B.02.545 Water quality. "Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. (Ord. 2016-006, 2016)
17B.02.550 Water-related use. "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:
17B.02.555 Water system. "Water system" means any system providing water intended for, or used for, human consumption, domestic uses, or commercial businesses. It includes, but is not limited to, the source, purification, storage, transmission, pumping, and distribution facilities. (Ord. 2016-006, 2016)
17B.02.560 Wetland creation. "Wetland creation" means construction of a wetland in an area that was historically non-wetland. (Ord. 2016-006, 2016)
17B.02.565 Wetland restoration. "Wetland restoration" means restoration of original wetland hydrology, vegetation, and functions at sites where wetlands existed previously, but where they have been impacted by prior or surrounding land uses. (Ord. 2016-006, 2016)
17B.02.570 Wetlands. "Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. (Ord. 2016-006, 2016)
17B.02.575 Variance. "Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. (Ord. 2016-006, 2016)
17B.02.580 Vessel. "Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. (Ord. 2016-006, 2016)
17B.02.585 Acronym list.
Chapter 17B.03 GOALS AND OBJECTIVES
Sections 17B.03.010 Conservation element. 17B.03.020 Shoreline use element. 17B.03.030 Economic development element. 17B.03.040 Public access element. 17B.03.050 Recreation element. 17B.03.060 Circulation element. 17B.03.070 Historical/cultural element. 17B.03.080 Flood hazard prevention element.
17B.03.010 Conservation element. Pursuant to RCW 36.70A.480, the conversation element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.020 Shoreline use element. Pursuant to RCW 36.70A.480, the shoreline use element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.030 Economic development element. Pursuant to RCW 36.70A.480, the economic development element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.040 Public access element. Pursuant to RCW 36.70A.480, the public access element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.050 Recreation element. Pursuant to RCW 36.70A.480, the recreation element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.060 Circulation element. Pursuant to RCW 36.70A.480, the circulation element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.070 Historical/cultural element. Pursuant to RCW 36.70A.480, the historical/cultural element goals and objectives of the 2021 Kittitas County Shoreline Master Program and the 2019 Shoreline Master Program amendments shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2019-003, 2019; Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.03.080 Flood hazard prevention element. Pursuant to RCW 36.70A.480, the flood hazard prevention element goals and objectives of the 2021 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
Chapter 17B.04 ENVIRONMENT DESIGNATIONS AND MANAGEMENT POLICIES
Sections 17B.04.010 Purpose and intent. 17B.04.020 Evaluation. 17B.04.030 Environment designations. 17B.04.040 Natural environment. 17B.04.050 Rural conservancy environment. 17B.04.060 Urban conservancy environment. 17B.04.070 Shoreline residential environment. 17B.04.080 Aquatic environment. 17B.04.090 Shoreline use and modification table.
17B.04.010 Purpose and intent. This chapter is intended to meet the requirements in WAC 173-26-211(2)(a), which states:
Master programs shall contain a system to classify shoreline areas into specific environment designations. This classification system shall be based on the existing use pattern, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through comprehensive plans as well as the criteria in this Section. Each master program's classification system shall be consistent with that described in WAC 173-26-211 (4) and (5) unless the alternative proposed provides equal or better implementation of the act.
17B.04.020 Evaluation. Environment designations were created by evaluating the existing use patterns, biological and physical characteristics, zoning designations, and comprehensive plan designations. The inventory and characterization data, depicted on maps and described in text, was used to determine the extent of shoreline alterations. (Ord. 2016-006, 2016)
17B.04.030 Environment designations. The shoreline environment designation system includes five (5) environments: natural, rural conservancy, urban conservancy, shoreline residential, and aquatic. Each environment designation contains a purpose statement, management policies and designation criteria.
For all areas not specifically designated, the environment designation will be rural conservancy in rural areas, and urban conservancy in urban growth areas. (Ord. 2016-006, 2016)
17B.04.040 Natural environment.
17B.04.050 Rural conservancy environment.
17B.04.060 Urban conservancy environment.
17B.04.070 Shoreline residential environment.
17B.04.080 Aquatic environment.
17B.04.090 Shoreline use and modification table. Shoreline use and modification shall be classified by the Administrator and regulated under one or more of the following applicable sections of this Program.
Chapter 17B.05 GENERAL POLICIES AND REGULATIONS
Sections 17B.05.010 Cultural, archaeological and historic resources. 17B.05.020 Environmental protection and critical areas. 17B.05.020A Policies for all critical areas. 17B.05.020B General regulations for environmental protection. 17B.05.020C General regulations for all critical areas. 17B.05.020D Mitigation – requirements for all critical areas. 17B.05.020E Mitigation – mitigation plan contents for all critical areas. 17B.05.020F Wetlands – designation, mapping, delineation, and categorization. 17B.05.020G Wetlands – buffers. 17B.05.020H Wetlands – reporting. 17B.05.020I Wetlands – compensatory mitigation. 17B.05.020J Aquatic habitat conservation areas – designation and mapping. 17B.05.020K Aquatic habitat conservation areas – buffers. 17B.05.020L Aquatic habitat conservation areas – reporting. 17B.05.020M Wildlife habitat conservation areas – designation, classification, mapping, and surveying. 17B.05.020N Wildlife habitat conservation areas – reporting and mitigation requirements. 17B.05.020O Geologically hazardous areas – designation, classification, and mapping. 17B.05.020P Geologically hazardous areas – reporting and protection standards. 17B.05.020Q Frequently flooded areas – designation and mapping. 17B.05.020R Frequently flooded areas – protection standards. 17B.05.020S Frequently flooded areas – reporting. 17B.05.020T Frequently flooded areas – compensatory mitigation. 17B.05.020U Critical aquifer recharge areas – designation, mapping, and classification. 17B.05.020V Critical aquifer recharge areas – protection standards. 17B.05.020W Critical aquifer recharge areas – reports. 17B.05.030 Flood hazard reduction. 17B.05.040 Public access. 17B.05.050 Shoreline buffers and vegetation conservation. 17B.05.060 Water quality, stormwater, and nonpoint pollution.
17B.05.010 Cultural, archaeological and historical resources. The following policies and regulations apply to cultural, archaeological, and historic resources that are either (a) listed on the national, state, or local registers of historic places; (b) recorded by the Washington State Department of Archeology and Historic Preservation (DAHP), a Native American tribe, and/or a local jurisdiction; or (c)undiscovered, inadvertently uncovered, or yet unrecorded.
Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW Chapter 27.44 (Indian graves and records) and RCW Chapter 27.53 (Archaeological sites and records). Shoreline uses or development that may impact such sites shall comply with WAC Chapter 25-48 as well as the provisions of this Shoreline Master Program.
Pursuant to RCW 27.53.070, information and documents pertaining to the location of archaeological sites or resources are confidential and not considered public records that require disclosure.
*Scrivener's Error: Exhibit A of Ordinance 2019-003 employed an incorrect naming convention when citing KCC 17B.05.010(B)(1), KCC 17B.05.010(B)(1)(a), KCC 17B.05.010(B)(1)(b) and KCC 17B.05.010(B)(1)(c). This has been corrected in the County code.
(Ord. 2019-003, 2019; Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.05.020 Environmental protection and critical areas. The following provisions apply to any use or development occurring in shoreline jurisdiction whether or not a permit or other authorization is required from Kittitas County. (Ord. 2016-006, 2016)
17B.05.020A Policies for all critical areas. Pursuant to RCW 36.70A.480, the policies for all environmental protection and critical areas of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.05.020B General regulations for environmental protection. The following provisions apply to any use or development occurring in shoreline jurisdiction whether or not a permit or other authorization is required from Kittitas County.
17B.05.020C General regulations for all critical areas. The following provisions apply to any use or development occurring in or adjacent to critical areas or their buffers in shoreline jurisdiction whether or not a permit or other authorization is required from Kittitas County. Critical areas outside of the shoreline jurisdiction shall be regulated by Kittitas County Code (KCC) Title 17A.
17B.05.020D Mitigation – requirements for all critical areas.
17B.05.020E Mitigation – mitigation plan contents for all critical areas.
17B.05.020F Wetlands – designation, mapping, delineation, and categorization.
17B.05.020G Wetlands – buffers.
17B.05.020H Wetlands – reporting.
17B.05.020I Wetlands – compensatory mitigation.
17B.05.020J Aquatic habitat conservation areas – designation and mapping.
17B.05.020K Aquatic habitat conservation areas – buffers.
17B.05.020L Aquatic habitat conservation areas – reporting.
17B.05.020M Wildlife habitat conservation areas – designation, classification, mapping, and surveying.
17B.05.020N Fish and Wildlife Habitat Conservation Areas – reporting and mitigation requirements.
17B.05.020O Geologically hazardous areas – designation, classification, and mapping.
17B.05.020P Geologically hazardous areas – reporting and protection standards.
17B.05.020Q Frequently flooded areas – designation and mapping.
17B.05.020R Frequently flooded areas – protection standards.
17B.05.020S Frequently flooded areas – reporting.
17B.05.020T Frequently flooded areas – compensatory mitigation.
17B.05.020U Critical aquifer recharge areas – designation, mapping, and classification.
17B.05.020V Critical aquifer recharge areas – protection standards.
17B.05.020W Critical aquifer recharge areas – reports.
17B.05.030 Flood hazard reduction. The following provisions apply to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modifications that may increase flood hazards. Flood hazard reduction measures may consist of non-structural measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, biotechnical measures, and stormwater management programs as well as structural measures such as dikes, levees, revetments, floodwalls, channel realignment, and elevation of structures consistent with the National Flood Insurance Program.
17B.05.040 Public access. Public access includes the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public access provisions below apply to all shorelines of the state unless stated otherwise.
17B.05.050 Shoreline buffers and vegetation conservation. Shoreline buffers protect shorelines from the adverse effects of adjacent land use and development. Buffers also help protect people and property from natural hazards that are present on some shorelines. Vegetated buffers provide habitat, maintain water quality, stabilize slopes and streambanks, and help achieve no net loss of shoreline ecological functions; to function effectively, buffers must be well-vegetated. As a result, the Program promotes vegetation conservation including restrictions on clearing and grading, vegetation restoration and enhancement, and the control of invasive weeds and non-native species. Unless otherwise stated, buffer and vegetation conservation regulations of this Program do not apply to those activities covered under the Washington State Forest Practices Act, except for conversion of forest uses to other uses and those other forest practice activities over which local governments have authority. As with all master program provisions, buffer and vegetation conservation provisions apply even to those shoreline uses and developments that are exempt from the requirement to obtain a shoreline permit. Like other master program provisions, buffer and vegetation conservation standards do not apply retroactively to legally established existing uses and structures, such as existing agricultural activities.
17B.05.060 Water quality, stormwater, and nonpoint pollution. The following section applies to all uses and development in shorelines of the state, as defined in WAC 173-26-020, that affect water quality. To ensure mutual consistency between shoreline management provisions and other regulations that address water quality and stormwater quantity, including public health, stormwater, and water discharge standards, the regulations that are most protective of ecological functions shall apply.
Chapter 17B.06 SHORELINE USE AND MODIFICATION POLICIES AND REGULATIONS
Sections 17B.06.010 General shoreline use policies. 17B.06.020 General shoreline modification policies. 17B.06.030 Agriculture. 17B.06.040 Aquaculture. 17B.06.050 Boating facilities, marinas, piers, and docks. 17B.06.060 Commercial development. 17B.06.070 Dredging and dredge material disposal. 17B.06.080 Filling, grading, and excavation. 17B.06.090 Forest practices. 17B.06.100 Industrial and port development. 17B.06.110 In-stream structures. 17B.06.120 Mining. 17B.06.130 Recreation. 17B.06.140 Residential development. 17B.06.150 Shoreline stabilization. 17B.06.160 Shoreline restoration and habitat enhancement. 17B.06.170 Signs. 17B.06.180 Transportation. 17B.06.190 Utilities. 17B.06.200 Shoreline bulk and dimensional standards.
17B.06.010 General shoreline use policies. Pursuant to RCW 36.70A.480, the general shoreline use policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.06.020 General shoreline modification policies. Pursuant to RCW 36.70A.480, the general shoreline modification policies of the 2021 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016; Ord. 2021-006, 2021)
17B.06.030 Agriculture.
17B.06.040 Aquaculture.
17B.06.050 Boating facilities, marinas, piers, and docks.
17B.06.060 Commercial development.
17B.06.070 Dredging and dredge material disposal.
17B.06.080 Filling, grading, and excavation.
17B.06.090 Forest practices.
17B.06.100 Industrial and port development.
17B.06.110 In-stream structures.
17B.06.120 Mining.
17B.06.130 Recreation.
17B.06.140 Residential development.
17B.06.150 Shoreline stabilization. Shoreline erosion – including erosion caused by currents, flood, wind or wave action – is a natural phenomenon associated with properly functioning shoreline environments. However, erosion can put existing structures and uses at risk. In some cases, shoreline stabilization is necessary to protect existing uses and development from naturally occurring erosion. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. These actions include nonstructural and structural methods.
Nonstructural methods include building setbacks, relocation of the structure to be protected, groundwater management, planning and regulatory measures to avoid the need for structural stabilization.
Structural stabilization measures include:
Structural stabilization measures can be "hard" or "soft." "Hard" structural stabilization refers to those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures rely on less rigid materials, such as biotechnical vegetation measures.
Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. Additionally, hard structures, especially vertical walls, often create conditions that lead to failure of the structure. Failed bulkheads and walls adversely impact beach aesthetics, may be a safety or navigational hazard, and may adversely impact shoreline ecological functions.
17B.06.160 Shoreline restoration and habitat enhancement.
17B.06.170 Signs.
17B.06.180 Transportation.
17B.06.190 Utilities.
17B.06.200 Shoreline bulk and dimensional standards.
Notes to Shoreline Bulk and Dimensional Standards Table:
Chapter 17B.07 ADMINISTRATION AND PROCEDURES
Sections 17B.07.010 Purpose. 17B.07.020 Applicability. 17B.07.030 Permit Exemptions. 17B.07.040 Types of permits. 17B.07.050 Review authority. 17B.07.060 Review criteria. 17B.07.070 Review procedures. 17B.07.080 Appeals. 17B.07.090 Timing. 17B.07.100 Revisions. 17B.07.110 Liberal construction. 17B.07.120 Enforcement. 17B.07.130 Amendments to SMP.
17B.07.010 Purpose. The purpose of this Shoreline Management Program is to provide for the administration and management of uses and development within the shoreline jurisdiction in a manner consistent with RCW 90.58, the Shoreline Management Act, and other rules and guidelines adopted by the Washington State Department of Ecology. (Ord. 2016-006, 2016)
17B.07.020 Applicability.
17B.07.030 Permit Exemptions.
(Ord. 2016-006, 2016;Ord. 2021-006, 2021)
17B.07.040 Types of permits.
17B.07.050 Review authority.
17B.07.060 Review criteria.
17B.07.070 Review procedures.
17B.07.080 Appeals. Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state may seek review from the shorelines hearings board by filing a petition for review within twenty-one (21) days of the date of filing of the decision, pursuant to RCW 90.58.180. (Ord. 2016-006, 2016)
17B.07.090 Timing.
17B.07.100 Revisions.
17B.07.110 Liberal construction. As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction. The Act and this Program shall be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this Program were enacted and adopted, respectively. (Ord. 2016-006, 2016)
17B.07.120 Enforcement. Chapter 173-27 WAC contains enforcement regulations, including authority for the County to issue regulatory orders to enforce the SMA and the SMP. Upon a determination that there has been a violation of any provision of the County’s shoreline regulations, the County may pursue code enforcement and penalties in accordance with the provisions of KCC Title 18, Code Enforcement. (Ord. 2016-006, 2016)
17B.07.130 Amendments to SMP.
Chapter 17B.08 APPENDIX A Shoreline Environment Designation Maps
The set of shoreline environment designation maps, boundaries, and other corresponding information in Appendix A of the Kittitas County Shoreline Master Program, approved by the Washington State Department of Ecology with an effective date of March 7, 2016, have been incorporated into the Kittitas County Geographic Information System (GIS) Spatial Database Engine (SDE) as a dataset designated as Shoreline Environment Designations. The GIS Shoreline Environment Designations shall be the County’s Official Shoreline Environment Designation Map. This map is utilizing parcel data in effect on March 7, 2016. The Shoreline Environment Designations shall be integrated into Kittitas County’s web-based mapping system for viewing by the general public and be made available either digitally or physically by staff at the Community Development Services Department for those without computer/internet access. (Ord. 2016-006, 2016)
Chapter 17B.09 APPENDIX B Shoreline Environment Designation Descriptions
Department of Ecology SMP Guidelines (WAC 173-26-221)(2)(b)) requires master programs to contain an up-to-date and accurate map of the shoreline area delineating the environment designations and their boundaries. These maps are included in Appendix to this SMP. This SMP also includes "common boundary descriptions" to accurately define and distinguish the boundaries of the environments on the ground. The table below provides these common boundary descriptions.
In the event of a mapping error, Kittitas County will rely upon these common boundary descriptions and the criteria contained in Chapter 4 of this SMP, rather than the incorrect or outdated map.
SR=Shoreline Residential UC=Urban Conservancy RC=Rural Conservancy N=Natural