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Words not defined in this Chapter shall be as defined in the following codes under this order of precedence: the Pullman City Code, the Revised Code of Washington (RCW), and the Washington Administrative Code (WAC). Words not found in any of these codes shall be as defined in the Webster’s Third New International Dictionary, latest edition.

(1) Adaptive Management. Adaptive management relies on scientific methods to evaluate how well regulatory and non-regulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty.

(2) Adjacent. To be nearby and not necessarily abutting.

(3) Advance Mitigation. Mitigation of an anticipated critical area impact or hazard completed according to an approved critical area report or other applicable information and prior to site development.

(4) Agricultural Land. Land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. [RCW 36.70A.030; WAC 365-190-030].

(5) Alkali Wetlands. Wetlands characterized by the occurrence of shallow saline water. In eastern Washington these wetlands contain surface water with specific conductance that exceeds 3,000 micromhos/cm. The salt concentrations in these wetlands have resulted from a relatively long-term process of groundwater surfacing and evaporating.

(6) Alteration. Any human activity that results or is likely to result in an impact upon the existing condition of a shoreline is an alteration. Alterations include, but are not limited to grading, filling, dredging, draining, channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, modifying for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity that results or is likely to result in an impact to existent vegetation, hydrology, fish or wildlife, or fish or wildlife habitat. Alterations do not include walking, fishing, or any other passive recreation or other similar activities.

(7) Applicant. A person who files an application for a development permit under this Chapter and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person.

(8) Aquifer. A geological formation, group of formations or part of formation that is capable of yielding a significant amount of water to a well or spring.

(9) Aquifer, Confined. An aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and that contains ground water under sufficient pressure for the water to rise above the top of the aquifer.

(10) Aquifer Recharge Area. An area that, due to the presence of certain soils, geology, and surface water, acts to recharge ground water by percolation.

(11) Aquifer, Sole Source. An area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, Section 1424(e).

(12) Aquifer Susceptibility. The ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually defines the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone media.

(13) Aquifer, Unconfined. An aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing ground water under pressure approximately equal to that of the atmosphere. This term is synonymous with the term “water table aquifer.”

(14) Area of Shallow Flooding. An area designated AO, or AH Zone on the flood insurance map(s). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

(15) Base Flood or 100-Year Flood. The designation on the Federal Emergency Management Act (FEMA) Flood Insurance Maps that denote areas subject to floods having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is determined for existing conditions, unless a basin plan including project flows under future developed conditions has been completed and adopted by the City of Pullman; in these cases, future flow projections shall be used. In areas where the Flood Insurance Study includes detailed base flood calculations, those calculations may be used until projections of future flows are completed and approved by the City of Pullman.

(16) Basement. Any area of the building having its floor below ground level on all sides.

(17) Best Available Science. Current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 925.

(18) Best Management Practices (BMPs). Conservation practices or systems of practices and management measures that:

(a) control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

(b) minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

(c) protect trees and vegetation designated to be retained during and following site construction and use native plant species appropriate to the site for re-vegetation of disturbed areas; and

(d) provide standards for proper use of chemical herbicides within critical areas.

(19) Breakaway Wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

(20) Buffer or Buffer Zone. A designated area used to separate incompatible uses or protect resources or development. Buffers are generally undeveloped areas. There are different types of buffers for different purposes:

(a) Buffers which protect sensitive natural resources (critical areas) from the adverse impacts of development are generally undeveloped open space which are ecologically part of the protected resource;

(b) Buffers which protect the integrity of development from certain natural hazards such as slope instability, floods or fire prone areas, and which ensure that buildings and development avoid the hazardous condition;

(c) Buffers to separate incompatible uses, such as residential from industrial, airports, or certain activities common to commercial agriculture, are generally open or sparsely populated.

(21) Channel Migration Zone (CMZ). 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.

(22) City. The city of Pullman, Washington.

(23) City Critical Area Maps. Maps maintained by the Pullman Department of Community Development that depict certified and suspected aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands.

(24) Compensation Project. Actions necessary to replace project-induced critical area and buffer losses, including land acquisition, planning, construction plans, monitoring and contingency actions.

(25) Compensatory Mitigation. Replacing project-induced wetland losses or impacts to a critical area, and includes, but is not limited to, the following:

(a) Restoration. Actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland.

(b) Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist.

(c) Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.

(d) Preservation. Actions taken to ensure the permanent protection of existing, high-quality wetlands.

(26) Conservation Easement. A legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. 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, therefore, providing permanent or long-term protection.

(27) Critical Aquifer Recharge Area (CARA). An area with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.

(28) Critical Area Maps, City. See “City Critical Area Maps.”

(29) Critical Areas. Critical areas include 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.

(30) Critical Facility. 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.

(31) Department. The city of Pullman Department of Community Development.

(32) Developable Area. A site or portion of a site that may be utilized as the location of development, in accordance with the rules of this Chapter.

(33) Development. Any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the city that binds land to specific patterns of use, including but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities:

(a) interior building improvements;

(b) exterior structure maintenance activities, including painting and roofing;

(c) routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding; or,

(d) maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries.

(34) Development Permit. Any permit or approval issued by the city or other authorized agency for construction, land use, or the alteration of land.

(35) Elevated Building. A building that has no basement and its lowest elevated floor is raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

(36) Emergent Wetland. A wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata.

(37) Erosion. The process in which soil particles are mobilized and transported by natural agents such as wind, rain, splash, frost action or stream flow.

(38) Erosion Hazard Areas. Areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones.

(39) Exotic. Any species of plants or animals that are foreign to the planning area.

(40) Feasible Alternative. An alternative that is available and capable of being carried out after taking into consideration, cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas.

(41) Final Project Approval. An approval granted by the city to establish that a particular land use development activity has been completed in conformity with applicable regulations; examples of a final project approval include a final certificate of occupancy or final plat approval.

(42) Fish and Wildlife Habitat Conservation Areas. Areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. “Fish and wildlife habitat conservation areas” 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.

(43) Fish Habitat. Habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat.

(44) Flood Fringe. Land area that is outside the floodway of a stream, but is subject to periodic inundation due to flooding, associated with a regulatory flood.

(45) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff of surface waters from any source and/or the overflow of inland or tidal waters.

(46) Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(47) Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

(48) Floodplain. Synonymous with the one hundred-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.

(49) Flood Protection Elevation. The elevation that is one foot above the base flood elevation.

(50) Flood Resistant Material. Material designed to be resistant to the impacts associated with flooding and defined and described in detail in FEMA Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements,” dated August 2008.

(51) Floodway. The area that either:

(a) has been established in federal emergency management agency (FEMA) flood insurance rate maps (FIRMs) or floodway maps; or

(b) consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually.

Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

(52) Forest Land. Land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. [RCW 36.70A.030; WAC 365-190-030].

(53) Forested Wetland. A wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted within the wetland.

(54) Formation. An assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

(55) Formation, Confining. The relatively impermeable formation immediately overlying a confined aquifer.

(56) Frequently Flooded Areas. Lands in the floodplain subject to at least a one percent (1%) or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high ground water forms ponds on the ground surface.

(57) Functions and Values. The services provided by critical areas to society, including, but not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreation.

(58) Geologically Hazardous Areas. Areas that may not be suited to development consistent with public health, safety or environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-120. Types of geologically hazardous areas include: erosion, landslide, seismic, mine, and volcanic hazards.

(59) Ground Water. Water in a saturated zone or stratum beneath the surface of land or a surface water body.

(60) Ground Water Perched. Ground water in a saturated zone that is separated from the underlying main body of ground water by an unsaturated rock zone.

(61) Growth Management Act. RCW 36.70A, 36.70B, and 36.70C as amended.

(62) Habitat Conservation Areas. Areas designated as fish and wildlife habitat conservation areas.

(63) Hazard Areas. Areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.

(64) Hazardous Substances. Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100.

(65) High Intensity Land Use. Land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, commercial uses, industrial uses, and residential uses with more than one dwelling unit per acre.

(66) Historic Condition. Condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity.

(67) Hydraulic Project Approval (HPA). A permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 77.55 RCW.

(68) Hydric Soil. A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in accordance with WAC 173-22-035 as amended.

(69) Hydrologic Soil Groups. Soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water transmission in soil. There are four hydrologic soil groups:

(a) low runoff potential and a high rate of infiltration potential;

(b) moderate infiltration potential and a moderate rate of runoff potential;

(c) slow infiltration potential and a moderate to high rate of runoff potential; and

(d) high runoff potential and very slow infiltration and water transmission rates.

(70) Hydrophytic Vegetation. Macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in accordance with WAC 173-22-035 as amended.

(71) Hyporheic Zone. The saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality.

(72) Impervious Surface. Any alterations to the surface of a soil that prevents or retards the entry of water into it compared to its undisturbed condition, or any reductions in infiltration that cause water to run off the surface in greater quantities or at an increased rate of flow compared to that present prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.

(73) Infiltration. The downward entry of water into the immediate surface of soil.

(74) Injection Well.

(a) Class I: A well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter mile (1,320 feet) of the well bore, an underground source of drinking water.

(b) Class II: A well used to inject fluids:

(i) brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as dangerous wastes at the time of injection;

(ii) for enhanced recovery of oil or natural gas; or

(iii) for storage of hydrocarbons that are liquid at standard temperature and pressure.

(c) Class III: A well used for extraction of minerals, including but not limited to the injection of fluids for:

(i) in-situ production of uranium or other metals that have not been conventionally mined;

(ii) mining of sulfur by Frasch process; or

(iii) solution mining of salts or potash.

(d) Class IV: A well used to inject dangerous or radioactive waste fluids.

(e) Class V: All injection wells not included in Classes I, II, III, or IV.

(75) In-kind Compensation. To replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity.

(76) Inter-rill. An area subject to sheetwash.

(77) Isolated Wetlands. Those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water, including other wetlands.

(78) Joint Aquatic Resource Permits Application (JARPA). A single application form that may be used to apply for hydraulic project approvals, shoreline management permits, water quality certifications, Coast Guard bridge permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits.

(79) Land Use, High Intensity. See “High Intensity Land Use.”

(80) Land Use, Low Intensity. See “Low Intensity Land Use.”

(81) Land Use, Moderate Intensity. See “Moderate Intensity Land Use.”

(82) Landslide Hazard Areas. Areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

(83) Long-term Commercial Significance. Includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense uses of the land. [RCW 36.70A.030; WAC 365-190-030].

(84) Low Intensity Land Use. A land use that is associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation uses, open space uses, and unpaved trails.

(85) Lowest Floor. The lowest floor of the lowest enclosed area, including the basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable requirements of this Chapter.

(86) Mine Hazard Areas. Areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts.

(87) Mineral Resource Land. Land primarily devoted to the extraction of minerals or that have known or potential long-term commercial significance for the extraction of minerals. [WAC 365-190-030].

(88) Minerals. Materials including gravel, sand, and valuable metallic substances. [RCW 36.70A.030; WAC 365-190-030].

(89) Mitigation. The use of any or all of the following actions that are listed in descending order of preference:

(a) avoiding the impact altogether by not taking a certain action or parts of an action;

(b) minimizing the impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

(c) rectifying the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project or activity;

(d) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

(f) monitoring the impact and the compensation projects, and taking appropriate corrective measures.

(90) Moderate Intensity Land Use. A land use that is associated with moderate levels of human disturbance or moderate habitat impacts, including, but not limited to, moderate intensity open space activities, paved trails, and residential uses with one dwelling unit or less per acre.

(91) Monitoring. Evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.

(92) Native Vegetation. Plant species that are indigenous to the region and which reasonably could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds.

(93) Native Growth Habitat Area. An area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat.

(94) Natural Waters. Waters, excluding water conveyance systems that are artificially constructed and actively maintained for irrigation.

(95) Non-conformity. A legally established existing use or legally constructed structure that is not in compliance with current regulations.

(96) Non-indigenous. See “Exotic.”

(97) Off-site Compensation. To replace critical areas or ecological functions away from the site on which a critical area has been impacted.

(98) On-site Compensation. To replace critical areas or ecological functions at or adjacent to the site on which a critical areas has been impacted.

(99) Ordinary High Water Mark (OHWM). That mark which is found by examining the bed and banks of waterbodies 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 the City or the Department of Ecology: PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water.

(100) Out-of-kind Compensation. To replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. The determination of in-kind versus out-of-kind compensation for wetlands is dependent upon equivalency in wetland functions, not wetland categories.

(101) Perched Ground Water. See “Ground Water, Perched.”

(102) Permeability. The capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.

(103) Permit. See “Development Permit.”

(104) Director of Community Development. The city of Pullman Director of Community Development, or other city staff member designated to act on behalf of the Director of Community Development.

(105) Porous Soil Types. Soils, as identified by the Natural Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices or other openings which allow the passing of water.

(106) Potable Water. Water that is safe and palatable for human use.

(107) Preservation. The removal of a threat to, or preventing the decline of, critical area conditions by an action in or near a critical area. This term includes the purchase of land or easements, repairing water control structures or fences, or structural protection. Preservation does not result in a gain of critical area acres but may result in a gain in functions over the long term.

(108) Priority Habitat and Species (PHS). As classified by the Department of Fish and Wildlife Priority Habitats and Species Program, priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance including State Endangered, Threatened, Sensitive, and Candidate species; animal aggregations considered vulnerable; and those species of recreational, commercial, or tribal importance that are vulnerable. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. The PHS list is a catalog of habitats and species considered to be priorities for conservation and management. [WAC 173-26-020]

(109) Project Area. All areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum.

(110) Qualified Professional. A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905. A qualified professional must have obtained a bachelor’s or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or a related field, and have at least two years of related work experience.

(a) A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the state or federal manuals, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans;

(b) A qualified professional for habitat must have a degree in biology or a related degree and professional experience related to the subject species;

(c) A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington;

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

(111) RCW. Revised Code of Washington.

(112) Reasonable Use. A use or activity that allows the landowner to realize a reasonable return on the property or make a productive use of the property. Denial of a reasonable return does not mean merely a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather it means there can be no beneficial use of the property once the provisions of this Chapter have been applied to the property.

(113) Recharge. The process involved in the absorption and addition of water to ground water.

(114) Reclaimed Water. Municipal wastewater effluent that has been adequately and reliability treated so that it is suitable for beneficial use. Following treatment it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the state Departments of Ecology and Health).

(115) Recreation Vehicle. A vehicle that is:

(a) built on a single chassis;

(b) 400 square feet or less when measured at the largest horizontal projection;

(c) designed to be self-propelled or permanently towable by a light duty truck; and

(d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(116) Repair or Maintenance. An activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.

(117) Restoration. Measures taken to restore an altered or damaged natural feature including:

(a) active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

(b) actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.

(118) Rill. A steep-sided channel resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover.

(119) Riparian Habitat. Areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.

(120) Scientific Process. A valid scientific process is one that produces reliable information useful in understanding the consequences of a decision. The characteristics generally to be expected in a valid scientific process are as follows:

(a) Peer review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The criticism of the peer reviewers has been addressed by the proponents of the information. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer-reviewed.

(b) Methods. The methods that were used to obtain the information are clearly stated and able to be replicated. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to assure their reliability and validity.

(c) Logical conclusions and reasonable inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained.

(d) Quantitative analysis. The data have been analyzed using appropriate statistical or quantitative methods.

(e) Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge.

(f) References. The assumptions, analytical techniques, and conclusions are well referenced with citations to relevant, credible literature and other pertinent existing information.

(121) Scrub-shrub Wetland. A wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata.

(122) Section 404 Permit. A permit issued by the Army Corps of Engineers for the placement of dredge or fill material or clearing in waters of the United States, including wetlands, in accordance with 33 USC § 1344.

(123) Seep. A spot where water oozes from the earth, often forming the source of a small stream.

(124) Seismic Hazard Areas. Areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.

(125) Serviceable. Presently usable.

(126) Shorelands or Shoreland Areas. 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 and lakes which are subject to the provisions of Chapter 90.58 RCW.

(127) Shorelines. All of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:

(a) shorelines of statewide significance;

(b) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and

(c) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.

(128) Shorelines of the State. The total of all “shorelines” and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030.

(129) Shorelines of Statewide Significance. Those areas defined in RCW 90.58.030.

(130) Significant Portion of its Range. That portion of a species range likely to be essential to the long-term survival of the population in Washington.

(131) Soil Survey. The most recent soil survey for the local area or county by the Natural Resources Conservation Service, U.S. Department of Agriculture.

(132) Special Protection Areas. Aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to:

(a) ground waters that support a beneficial use or an ecological system requiring more stringent criteria than drinking water standards;

(b) ground waters, including, but not limited to, recharge areas and wellhead protection areas, that are vulnerable to pollution because of hydrogeologic characteristics; and

(c) sole source aquifer status by federal designation.

(133) Sole Source Aquifer. See “Aquifer, Sole Source.”

(134) Species. Any group of animals classified as a species or subspecies as commonly accepted by the scientific community.

(135) Species, Endangered. Any fish, wildlife, or plant species that is seriously threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.

(136) Species of Local Importance. Those species that are of local concern due to their population status or their sensitivity to habitat alteration, or that are game species.

(137) Species, Priority. Any fish or wildlife species requiring protective measures and/or management guidelines to ensure its persistence as genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.

(138) Species, Sensitive. Any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened throughout a significant portion of its range within the state without cooperative management or removal of threats.

(139) Species, Threatened. Any fish, wildlife, or plant species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.

(140) State Environmental Policy Act (SEPA). Washington State Environmental Policy Act, Chapter 43.21C RCW.

(141) Stream. An area where open surface water produces a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices, or other entirely artificial watercourses, unless they are used by salmonids or are used to convey a watercourse naturally occurring prior to construction. A channel or bed need not contain water year-round, provided there is evidence of at least intermittent flow during years of normal rainfall.

(142) Sub-drainage Basin or Subbasin. The drainage area of the highest order stream containing the subject property impact area. Stream order is the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two first order streams meet, they form a second order stream, and when two second order streams meet they become a third order stream, and so on.

(143) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(144) Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for the improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which have been identified by staff from the Public Works or Community Development Departments, or Whitman County Environmental Health officials, and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a structure listed in the National Register of Historic Places or a State Inventory of Historic Places.

(145) Unavoidable. Adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

(146) Volcanic Hazard Areas. Areas subject to pyroclastic flows, lava flows, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.

(147) Vulnerability. The combined effect of susceptibility to contamination and the presence of potential contaminants.

(148) WAC. Washington Administrative Code.

(149) Water Dependent. A use or portion of a use that cannot exist in a location that is not adjacent to the water and that is dependent on the water by reason of the intrinsic nature of its operations.

(150) Water Resource Inventory Area (WRIA). One of 62 watersheds in the state of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997.

(151) Water Table. That surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.

(152) Water Table Aquifer. See “Aquifer, Unconfined.”

(153) Water Typing System. Waters classified according to WAC 222-16, as amended.

(154) Well. A bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.

(155) Wellhead Protection Area (WHPA). The portion of a zone of contribution for a well, wellfield or spring, as defined using criteria established by the Department of Ecology.

(156) Wetlands. 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 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 created to mitigate conversion of wetlands.

(157) Wetland Edge. The line delineating the outer edge of a wetland established by using the procedures in the currently approved federal wetland delineation manual and applicable regional supplements.

(158) Wetland Mitigation Bank. A site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing advance mitigation to compensate for future, permitted impacts to similar resources.

(159) Zone of Contribution. The area surrounding a well or spring that encompasses all areas or features that supply ground water recharge to the well or spring. (Ord. 21-15 §6, 2021; Ord. 19-6 §1, 2019; Ord. 03-18 §8, 2003).