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Article II. Definitions
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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) Abandon. Abandon means to terminate the use of a structure by an affirmative act, such as changing to a new use; or to cease, terminate, or vacate a use or structure through non-action.

(2) Accessory dwelling unit. An additional, smaller, subordinate dwelling unit on a lot with, or located in, an existing or new single-family dwelling.

(3) Accessory use or structure. A building, part of a building or structure or use which is subordinate to, and the use of which is common or incidental to that of the main building, structure or use on the same lot of record or part of the same development.

(4) Act. The Washington State Shoreline Management Act, chapter 90.58 RCW.

(5) Activity. A specified pursuit in which a person partakes in the shoreline jurisdiction. Types of activities include development, modification, restoration, recreation, and other human activities.

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

(7) Administrator or SMP Administrator. The City designee charged with the responsibility of administering the City of Pullman SMP.

(8) 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.

(9) Agricultural activity. 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.

(10) Agricultural equipment and agricultural facilities. Includes, but is not limited to:

(a) The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains;

(b) Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;

(c) Farm residences and associated equipment, lands, and facilities; and

(d) Roadside stands and on-farm markets for marketing fruit or vegetables.

(11) Agricultural land. Those specific land areas on which agricultural activities are conducted as of the date of adoption of this Master Program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of this Master Program, land converted to agricultural use is subject to compliance with the requirements of this Master Program.

(12) 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 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.

(13) Agricultural related industries. Agricultural related industries include:

(a) Packaging plants, which may include, but are not limited to washing, sorting, crating, and other functional operations such as drying, field crushing, or other preparation in which the chemical and physical composition of the agriculture product remains essentially unaltered. Does not include processing activities or slaughter houses, animal reduction yards, and tallow works.

(b) Processing plants, which may include, but are not limited to, those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughter houses or rendering plants.

(c) Storage facilities, which may include those activities which involve the warehousing of processed and/or packaged agricultural products.

(14) Agricultural stands. A structure used for the retail sale of agricultural and related incidental products, excluding livestock that is primarily grown on the same property where the stand is located.

(15) Alkali wetlands. Alkali wetlands are characterized by the occurrence of shallow saline water. In eastern Washington these wetlands contain surface water with specific conductance that exceeds 3000 micromhos/cm. The salt concentrations in these wetlands have resulted from a relatively long-term process of groundwater surfacing and evaporating.

(16) 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.

(17) Amendment. A revision, update, addition, deletion, and/or reenactment to an existing shoreline master program.

(18) 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.

(19) Approval. An official action by a local government legislative body agreeing to submit a proposed SMP or amendments to the Department of Ecology for review and official action pursuant to this Chapter; or an official action by the Department of Ecology to make a local government SMP effective, thereby incorporating the approved SMP or amendment into the state master program.

(20) Aquaculture. The culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture is dependent on the use of the water area and, when consistent with control of pollution and prevention of damage to the environment, is a preferred use of the water area.

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

(22) 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.

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

(24) Aquifer, sole source. An area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, Section 1424(e). The aquifer(s) must supply fifty percent (50%) or more of the drinking water for an area without a sufficient replacement available.

(25) 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.

(26) 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.”

(27) Associated wetlands. Those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.

(28) 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.

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

(30) Best management practices or BMP. 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 and 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.

(31) Hearing examiner. The City of Pullman hearing examiner.

(32) Boating facilities. Developments and uses that support access to shoreline waters for purposes of boating, including marinas, community docks serving more than four single-family residences or multi-family units, public piers, and community or public boat launch facilities.

(33) Bog. A low-nutrient, acidic wetland with organic soils and characteristic bog plants, which is sensitive to disturbance and impossible to re-create through compensatory mitigation.

(34) Breakwater. A fixed or floating off-shore structure that protects the shore from wave action or currents.

(35) Buffer. 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.

(36) Bulkhead. An erosion protection structure placed parallel to the shore consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.

(37) Channel migration zone or 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.

(38) 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.

(39) Clearing. The cutting or removal of vegetation or other organic plant materials by physical, mechanical, chemical, or any other means.

(40) Commercial use. Those activities engaged in commerce and trade and involving the exchange of money, including but not limited to, retail, services, wholesale, or business trade activities.

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

(42) Compensatory mitigation. Replacing project-induced 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; and

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

(43) Comprehensive master program update. A master program that fully achieves the procedural and substantive requirements of the Department of Ecology’s SMP Guidelines effective January 17, 2004, as now or hereafter amended.

(44) Comprehensive Plan. The officially adopted document and any amendments or supplements thereto adopted by the City of Pullman, which sets forth policies and standards for determining the best use of land and other resources of the City.

(45) Conditional use. A use, development, or substantial development which is classified as a conditional use or is not classified within this Master Program.

(46) 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.

(47) Creation. The manipulation of the physical, chemical, or biological characteristics to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Creation results in a gain in wetland acreage and function. A typical action is the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species.

(48) Critical aquifer recharge area. Areas designated by WAC 365-190-100 that are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(3).

(49) 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.

(50) Cumulative impact. The impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individual minor but collectively significant actions taking place over a period of time.

(51) Dairy. A farm operation producing milk products.

(52) 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.

(53) Development. The construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any stage of water level. See also “Substantial development.” Development does not include the following activities:

(a) Interior building improvements that do not change the use or occupancy;

(b) Exterior structure maintenance activities, including painting and roofing as long as it does not expand the existing footprint of the structure;

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

(d) Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; and individual utility service connections.

(54) Development permit. Any permit issued by the City, or other authorized agency, for construction, land use, or the alteration of land.

(55) Development regulation. Any controls placed on development or land use activities by the City of Pullman, including but not limited to, zoning ordinances, official controls, and subdivision ordinances.

(56) Dock. A structure that is built over or floating upon the water and is used as a landing or moorage place for commercial and pleasure craft, marine transport, fishing, swimming, and other recreational uses. A dock typically consists of a combination of one or more of the following elements: pier, ramp, and/or float.

(57) Dredging. Removal of earth from the bed of a stream, lake, or pond for the purpose of flood control; navigation; utility installation (excluding on-site utility features serving a primary use, which are accessory utilities and shall be considered a part of the primary use); the construction or modification of essential public facilities and regional transportation facilities; restoration (of which the primary restoration element is sediment/soil removal rather than being incidental to the primary restoration purpose); and/or obtaining minerals, construction aggregate, or landfill materials. This definition does not include excavation for mining within a pond created by a mining operation approved under this SMP or under a local zoning ordinance, or a mining operation in existence before Zoning, Shorelines, or Critical Areas permits were required for such operations. Dredging, as regulated in this SMP under Section 16.55.530 (Dredging and Dredge Material Disposal), is not intended to cover other excavations waterward of the ordinary high water mark that are incidental to construction of an otherwise authorized use or modification (e.g., bulkhead replacements, large woody debris installations, boat launch ramp installation, pile placement).

(58) Ecological functions or shoreline functions. Ecological functions or shoreline functions means work performed or the role played by the physical, chemical, and biological processes that contribute to the maintenance of the marine, aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-020(13).

(59) Ecologically intact. Shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses. In forested areas, they generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent waterbodies. Recognizing that there is a continuum of ecological conditions ranging from near natural conditions to totally degraded and contaminated sites, this term is intended to delineate those shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Whether or not a shoreline is ecologically intact is determined on a case-by-case basis.

(60) Ecosystem-wide processes. 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.

(61) Enhancement. The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Examples are planting vegetation, controlling non-native or invasive species, and modifying site elevations to alter hydroperiods.

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

(63) Erosion hazard areas. At least those areas identified by the U.S. Department of Agriculture Natural Resources Conservation Service as having a “severe” rill and inter-rill erosion hazard.

(64) Excavation. The mechanical removal of earth materials.

(65) Exempt. Exempt developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a Shoreline Substantial Development Permit, but which must otherwise comply with applicable provisions of the SMA and this Master Program.

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

(67) Fair market value. 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.

(68) Feasible. An action, such as a development project, mitigation, or preservation requirement, that meets all of the following conditions:

(a) The action provides a reasonable likelihood of achieving its intended purpose; and

(b) The action does not physically preclude achieving the project’s primary intended legal action.

In cases where this SMP requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action’s infeasibility, the City may weigh the actions’ relative public costs and public benefits, considered in the short – and long-term time frames.

(69) Federal Emergency Management Agency (FEMA). The agency that oversees the administration of the National Flood Insurance Program.

(70) Feedlot. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. Feedlots do not include facilities used for animal husbandry and other non-commercial activities.

(71) Fill. The addition of soil, sand, rock, gravel, sediment, earth-retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the ground elevation or creates dry land.

(72) Fish and wildlife. Any member of the animal kingdom, including without limitation, any vertebrate, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body parts thereof.

(73) Fish and wildlife habitat conservation areas. Areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130 and Section 16.55.400(1).

(74) 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.

(75) Float. An anchored (not directly to the shore) floating platform that is free to rise and fall with water levels and is used for water-dependent recreational activities such as boat mooring, swimming, or diving. Floats may stand alone with no over-water connection to shore or may be located at the end of a pier or ramp.

(76) Flood, 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.

(77) Flood control. Any undertaking for the conveyance, control, and dispersal of floodwaters caused by abnormally high direct precipitation or stream overflow.

(78) 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.

(79) 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.

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

(81) 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. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the SMA.

(82) Floodway. The area, as identified in a master program, 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.

(83) Forest practices. Any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: road and trail construction; harvesting, or processing timber, including but not limited to road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. Forest practice shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.

(84) Frequently flooded area. Lands in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance, and attenuation functions, as determined by the SMP Administrator in accordance with WAC 365-190-110. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

(85) 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.

(86) 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.

(87) Geotechnical report or geotechnical analysis. 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.

(88) Grade. The vertical location of the ground surface.

(a) Natural grade is the grade as it exists or may have existed in its original undisturbed condition.

(b) Existing grade is the current grade in either its undisturbed, natural condition or as disturbed by some previous modifications.

(c) Rough grade is a stage where grade conforms approximately to an approved plan.

(d) Finish grade is the final grade of the site which conforms to an approved plan.

(e) Average grade level is 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 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.

(89) Grading. Excavation or fill or any combination thereof, including but not limited to the establishment of a grade following the demolition of a structure or preparation of a site for construction or development.

(90) Groin. A barrier type structure extending from the stream bank into a waterbody for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials. Groins may serve a variety of functions, including bank protection, pool formation, and increased roughness, and may include rock structures, debris jams, or pilings that collect wood debris. See also “Weir.”

(91) Groundwater. Water in a saturated zone or stratum beneath the surface of land or a surface waterbody.

(92) Guidelines. Those standards adopted by the Department of Ecology into the Washington Administrative Code (WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards also provide criteria for local governments and the Department of Ecology in developing and amending master programs.

(93) Habitat. The place or type of site where a plant or animal naturally or normally lives and grows.

(93A) Hard stabilization. Shoreline erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion. Hard structural shoreline stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear, vertical or near-vertical faces. These include bulkheads, rip-rap, and similar structures.

(94) 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.

(95) 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.

(96) Height. Measured from average grade level to the highest point of a structure as described in Title 17 of the Pullman City Code: 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 SMP specifically requires that such appurtenances be included: Provided further, that temporary construction equipment is excluded in this calculation.

(97) High intensity land use. Land uses which are associated with high levels of human disturbance or substantial adverse habitat impacts including, but not limited to, medium and high-density residential, multi-family residential, some agricultural practices, and commercial and industrial land uses.

(98) Houseboat or floating home. A dwelling unit constructed on a float that is moored, anchored, or otherwise secured in the water and is not designed for navigation under its own power.

(99) 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.

(100) 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.

(101) 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.

(102) Industrial. Activities and facilities for processing, manufacturing, and storage of finished or semi-finished goods, wholesale trade or storage, together with necessary accessory uses such as parking, loading, and waste storage treatment.

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

(104) 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.

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

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

(107) Inter – Rill. Areas subject to sheet wash.

(108) 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.

(109) Jetty. Jetties are structures generally built singly or in pairs perpendicular to the shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral drift. Jetties also protect channels and inlets from storm waves and cross-currents.

(110) Lahars. Mudflows and debris flows originating from the slopes of a volcano.

(111) Landslide hazard areas. Areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of a combination of factors including: bedrock, soil, slope gradient, slope aspect, geologic structure, groundwater, or other factors. For a complete definition, see WAC 365-190-120(6).

(112) Livestock. Animals that are raised for use and profit.

(113) Lot. A parcel of land which is separately described by a deed instrument or sales contract, which deed or contract has been officially recorded with the Whitman County Auditor, considered as a unit of real property, and legally described in metes and bounds; or a parcel of land shown by number of an officially recorded short plat or subdivision plat.

(114) 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 residential uses with less than five dwelling units per acre.

(115) Maintenance, normal. Those usual acts to prevent a decline, lapse, or cessation from a legally established condition.

(116) Manufactured Homes. A dwelling unit built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act (42 U.S.C. 5401-5426), as it exists now or may hereafter be amended. A manufactured home also:

(a) Includes plumbing, heating, air conditioning, and electrical systems;

(b) Is built on permanent chassis; and

(c) Can be transported in one or more sections with each section at least 8 feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater.

(117) Master Program. The comprehensive shoreline master program for the City of Pullman, including the use regulations together with maps, diagrams, charts or other descriptive material and text.

(118) Mature forested wetland. A wetland where at least one acre of the wetland surface is covered by woody vegetation greater than 20 feet in height with a crown cover of at least thirty percent (30%) and where at least 8 trees/acre are 80 to 200 years old OR have average diameters (dbh) exceeding 21 inches (53 centimeters) measured from the uphill side of the tree trunk at 4.5 feet up from the ground.

(119) May. An action that is acceptable, provided it conforms to the provisions of the WAC 173-26 and this Program.

(120) Mine Hazard Areas. Areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sink holes, gas releases, or subsidence due to mine workings. Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material.

(121) Mining. The removal of naturally occurring minerals and materials from the earth for commercial value. Mining includes processing and batching. Mining does not include large excavations for structures, foundations, parking areas, etc.

(122) Minerals. Materials including gravel, sand, and valuable metallic substances. [RCW 36.70A.030(11); WAC 365-190-030(12)].

(123) 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 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 sensitive area;

(d) Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;

(e) Compensating for the impact by replacing, enhancing or providing substitute sensitive areas and environments;

(f) Monitoring the impact and taking appropriate corrective measures.

(124) Mixed-use project. A use that contains a mix of water-dependent and nonwater-oriented uses or developments. This definition is only applicable within shoreline jurisdiction as defined by this SMP.

(125) Monitoring. The ongoing evaluation of the impacts of a development proposal on the biological, hydrologic and geologic conditions of critical areas or shorelines. Monitoring includes the gathering of baseline data and the assessment of the performance of required mitigation measures through the collection and analysis of data for the purposes of understanding and documenting changes in natural ecosystems and features.

(126) Moorage facility. A marina, pier, dock, mooring buoy, or any other similar fixed moorage site.

(127) Must. A mandate; the action is required.

(128) Native vegetation. Plant species which 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.

(129) No net loss of ecological function. A public policy goal and requirement to maintain the aggregate total of the City’s shoreline ecological functions at its current level. For purposes of reviewing and approving this SMP, “current” is equivalent to the date of the Final Shoreline Analysis Report (August 2014). As a development standard, it means the result of the application of Mitigation Sequencing, in which impacts of a particular shoreline development and/or use, whether permitted or exempt, are identified and addressed, such that there are no adverse impacts on shoreline ecological functions or processes relative to the legal condition just prior to the proposed development and/or use.

(130) Nonconforming building or structure. A nonconforming building or structure is one that was once allowed by applicable land use regulations, but no longer would be allowed, due to the passage or later change of the City’s zoning code or, where applicable, prior land use regulations of the City.

(131) Nonconforming lots. A nonconforming lot is one that was once allowed by applicable land use regulations but is no longer allowed, due to the passage or later change of the City’s zoning code or, where applicable, prior land use regulations of the City.

(132) Nonconforming Use. A nonconforming use is a use that was once allowed by applicable land use regulations, but is no longer allowed due to the passage or later change of the City’s zoning code or, where applicable, prior land use regulations of the City.

(133) Nonwater-oriented uses. Those uses that are not water-dependent, water-related, or water-enjoyment.

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

(135) On-site compensation. To replace critical areas or ecological functions at or adjacent to the site on which a critical area or shoreline has been impacted.

(136) 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.

(137) 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.

(138) 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.

(139) Permit. An approval for which there is a minimum standard, as stated in any of the relevant ordinances or state law, which must be met in order for the approval to be given.

(140) Permit, Shoreline. Any Shoreline Substantial Development Permit, Shoreline Variance, Shoreline Conditional Use Permit, or revision authorized under chapter 90.58 RCW.

(141) Pier. A fixed platform above the water and supported by piles, usually perpendicular to the shoreline. See also “Dock.”

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

(143) Poultry. Domesticated birds such as chickens, turkeys, ducks, and geese for meat or eggs for consumption.

(144) Practical 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, with less of an impact to critical areas.

(145) Preservation. The removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. 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 wetland acres but may result in a gain in functions over the long term.

(146) 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 of 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(29)).

(147) Prohibited. Developments, modifications and uses that are viewed as inconsistent with the definitions, policies or intent of the shoreline environment designation and are not considered appropriate and are not allowed.

(148) Project area. All areas within fifty (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.

(149) Preferred uses. Those uses 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 shoreline. “Preferred” uses include single-family residences, ports, shoreline recreational uses, water-dependent industrial and commercial developments, and other developments that provide public access opportunities.

(150) Provisions. Policies, regulations, standards, guideline criteria or environment designations.

(151) Public access. 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.

(152) Public interest. 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.

(153) Public Trust Doctrine. A common law principle generally holding that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses. While the doctrine protects public use of navigable water bodies below the OHWM, the doctrine does not allow the public to trespass over privately owned uplands to access the tidelands.

(154) 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 subject in accordance with WAC 365-195-905. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or 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.

(155) Recharge. The process involved in the absorption and addition of water to groundwater.

(156) Recharge area. An area in which water is absorbed and added to the groundwater reservoir.

(157) 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).

(158) Recreation. An experience or activity in which an individual engages for personal enjoyment and satisfaction. Shore-based outdoor recreation includes but is not limited to fishing; various forms of boating, swimming, hiking, bicycling, horseback riding, picnicking, watching or recording activities such as photography, painting, bird watching or viewing of water or shorelines, nature study and related activities.

(159) Recreational Development. Commercial and public facilities that are designed and used to provide recreational opportunities to the public.

(160) 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.

(161) Re-establishment. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland acres and functions. Activities could include removing fill, plugging ditches, or breaking drain tiles.

(162) Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland.

(163) Repair, normal. Restoring a development or structure to a state comparable to its original, legally established condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as a repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment.

(164) Residential. Buildings, structures or portions thereof that are designed and used as a place for human habitation. Included are single, duplex, or multi-family dwellings, mobile homes, manufactured homes, and other structures that serve to house people, as well as the creation of new residential lots through land division. This definition includes accessory uses common to normal residential use, including but not limited to, residential appurtenances, accessory dwelling units, and home occupations. Residential development also includes the creation of new residential lots through land division.

(165) Restore, restoration, or ecological restoration. The reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, 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.

(166) Rill. 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.

(167) Rip-rap. A layer, facing, or protective mound of stone placed on shoulders, slopes, or other such places to protect them from erosion, scour, or sloughing of a structure or embankment.

(168) Salmonid. A member of the fish family salmonidae.

(169) Sediment. The fine grained material deposited by water or wind.

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

(171) Seismic hazard areas. Areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.

(172) EPA. Washington State Environmental Policy Act, Chapter 43.21C RCW.

(173) Setback. See “Yard, minimum required.”

(174) Shall. A mandate; the action must be done.

(175) Shorelands or shoreland areas. Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams and lakes which are subject to the provisions of this Master Program; the same to be designated as to location by the Department of Ecology.

(176) Shorelines. All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except

(a) Shorelines of statewide significance [not found in Pullman];

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

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

(177) Shoreline areas and shoreline jurisdiction. All “shorelines of the state” and “shorelands” as defined in RCW 90.58.030.

(178) Shoreline Hearings Board. A state-level six member quasi-judicial body, created by the Shoreline Management Act, which hears appeals by any aggrieved party on the issuance of a shoreline permit or enforcement penalty, and appeals by the City on Department of Ecology approval of master programs, rules, regulations, guidelines or designations under the SMA.

(179) Shorelines of statewide significance. The following shorelines of the state are shorelines of statewide significance:

(a) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark [not found in Pullman];

(b) Those natural rivers or segments 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 [not found in Pullman]; and

(c) Those shorelands associated with (a) and (b), above.

(180) Shorelines of the state. Total of all “shorelines” and “shorelines of statewide significance” within the state.

(181) Shoreline environment designations. Classification of shorelines established by this SMP in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas.

(182) Shoreline modifications. Those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

(183) Shoreline stabilization. Structural or non-structural modifications to the existing shoreline intended to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. They are generally located parallel to the shoreline at or near the OHWM.

(184) Should. 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.

(185) Significant adverse effect/impact. Any noticeable or measureable degradation of an environmental condition, including ecological characteristics, such as vegetation, water quality, or habitat, as well as social values, such as public health, safety, or availability of public access.

(186) 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.

(187) Significant vegetation removal. Removal or alteration of trees, shrubs, and/or ground cover 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.

(188) Slide. The downward mass movement of soil, rock, or snow resulting from failure of that material under stress.

(189) Slope. The inclination of the surface of the land from the horizontal.

(190) SMA. The Washington State Shoreline Management Act, chapter 90.58 RCW.

(191) SMP Administrator. See “Administrator.”

(192) Soft stabilization. Shoreline erosion control and restoration practices that contribute to restoration, protection or enhancement of shoreline ecological functions. Soft structural shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation placed to provide shore stability in a non-linear, generally sloping arrangement. Linear, vertical faces are an indicator of hard stabilization (see above definition).

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

(194) 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 an ecological system requiring more stringent criteria than drinking water standards;

(b) Ground water recharge areas and wellhead protection areas, that are vulnerable to pollution because of hydrogeologic characteristics; and

(c) Sole source aquifer status.

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

(196) Species, endangered. Any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state (WAC 232-12-297, Section 2.4).

(197) Species of local importance. Those species of local concern designated by the City due to their population status or their sensitivity to habitat manipulation.

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

(199) Species, threatened. Any wildlife 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 (WAC 232-12-297, Section 2.5).

(200) 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 (WAC 232-12-297, Section 2.6).

(201) State master program. The cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by Ecology.

(202) Stockyards. Large yards containing pens, typically adjacent to a slaughterhouse, where livestock is kept and sorted.

(203) 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.

(204) Structure. 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 (WAC 173-27-030(15)).

(205) 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.

(206) 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 fifty percent (50%) of the market value of the structure before the damage occurred.

(207) Substantial development. Any development of which the total cost or fair market value exceeds $6,416, or any development which materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in RCW 90.58.030(3)(e) must be dusted for inflation by the Office of Financial Management every five years, beginning September 15, 2012, based upon changes in the consumer price index during that time period. (The consumer price index means, for any calendar year, that year’s annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items compiled by the Bureau of Labor and Statistics, United States Department of Labor.) The Office of Financial Management must calculate the new dollar threshold and transmit it to the Office of the Code Reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. For the purpose of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated or found labor, equipment or materials. See WAC 173-27-040 for a list of developments that are not considered substantial.

(208) Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure, either: (1) before the improvement or repair is started, or (2) 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 City Building Inspection or Planning staff, or Whitman County Environmental Health 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.

(209) Substantially degrade. To cause significant ecological impact.

(210) Transportation. Roads and railways, related bridges and culverts, fills, embankments, causeways, parking areas, and trails.

(211) Unavoidable Impacts. Adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.

(212) Upland. The area above and landward of the OHWM.

(213) Use. The activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.

(214) Utility. A primary or accessory service or facility that produces, transmits, stores, processes, or disposes of electrical power, gas, water, sewage, communications, oil, and the like.

(215) Vadose zone analysis. The characterization of the soil profile above the water table.

(216) Variance. A variance is the means by which an adjustment may be made in the application of the specific regulations of this Code to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification and which adjustment remedies the difference in privileges; provided, however, that a variance granted shall not authorize a use otherwise prohibited in the shoreline environment designation in which the property is located.

(217) Vegetation. Any and all organic plant life growing at, below, or above soil surface.

(218) Vernal pools. Vernal pool ecosystems are formed when small depressions in the scabrock or in shallow soils fill with snowmelt or spring rains.

(219) 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.

(220) Visitor-serving uses. Those uses or businesses that would not be located in the City of Pullman if it were not for the presence of tourists or visitors to the region.

(221) Water-dependent use. 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.

(222) Water-enjoyment use. 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.

(223) Water-oriented use. Any water-dependent, water-related, or water-enjoyment use.

(224) Water quality. 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 storm water handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.

(225) Water-related use. 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:

(a) The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or

(b) The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.

(226) 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.

(227) Watershed restoration plan. A plan, developed or sponsored by the Washington Departments of Fish and Wildlife, Ecology, Natural Resources, or Transportation; a federally recognized Indian tribe acting within and pursuant to the authority; a city; a county; or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act.

(228) Watershed restoration project. A public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities.

(a) A project that involves less than ten miles of stream reach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;

(b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred square feet in floor area and is located above the OHWM of the stream.

(229) Waterward. Any point located on the water side from the OHWM.

(231) Weir. A structure generally built perpendicular to the shoreline for the purpose of diverting water or trapping sediment or other moving objects transported by water.

(232) 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.

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

(234) Wetlands. That area inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does 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. However, wetlands may include those artificial wetlands specifically intentionally created from non-wetland areas to mitigate conversion of wetlands.

(235) Wetland buffer. An area contiguous to and which protects a critical area that is required for the continual maintenance, functioning, and/or structural stability of a critical area.

(236) Wetland edge. The line delineating the outer edge of a wetland established by using the procedures in the currently approved Federal Wetland Delineation Manual.

(237) Wetland functions. The natural processes performed by wetlands and include functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting site for aquatic, terrestrial or avian species, maintaining the availability and quality of water such as purifying water, acting as recharge and discharge areas for groundwater aquifers and moderating surface water and storm water flows as well as performing other functions including but not limited to those set out in U.S. Army Corps of Engineers regulations at 33 C.R.R. Section 320.4(b)(2)(1988).

(238) 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.

(239) Yard. An open space, other than a court, on the same lot with a building, unoccupied and unobstructed by a portion of a structure from the ground upward.

(240) Yard, minimum required. That minimum yard, either front, side, or rear, the dimensions of which are set by various sections of the City’s zoning code.

(241) 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. 22-2 §8, 2022; Ord. 21-15 §6, 2021; Ord. 16-3 §11, 2016).