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Definitions established by WAC Title 173 and Chapter 90.58 RCW have been incorporated herein. Should definitions in the WAC or RCW be substantively amended, those amendments shall apply in Bothell’s shoreline jurisdiction.

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

“Act” means the Washington State Shoreline Management Act (SMA), Chapter 90.58 RCW.

“Active fault” means a fault that is considered likely to undergo renewed movement within a period of concern to humans. Faults are commonly considered to be active if the fault has moved one or more times in the last 10,000 years, but faults may also be considered active in some cases if movement has occurred in the last 500,000 years.

“Activity” means a specified pursuit in which a person partakes in the shoreline jurisdiction. Types of activities include development, modification, restoration, recreation, and other human activities.

“Activity center” means an underlying Bothell zoning district allowing a mix of intense urban uses such as the “residential – activity center” zone.

“Adjacent” means, for purposes of applying Chapter 13.13 BMC, immediately adjoining (in contact with the boundary of the influence area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. “Adjacent” shall mean any activity or development located:

A. On a site immediately adjoining a critical area;

B. A distance equal to or less than the required critical area buffer width and building setback;

C. A distance equal to or less than 300 feet upland from a stream, wetland, or water body;

D. Bordering or within the floodway, floodplain, or channel migration zone; or

E. A distance equal to or less than 200 feet from a critical aquifer recharge area.

“Adjacent lands” means lands adjacent to the shorelines of the state (outside of shoreline jurisdiction).

“Administrator” or “shoreline administrator” means the city community development director or the director’s designee, charged with the responsibility of administering the Bothell SMP.

“Advance mitigation” means mitigation of an anticipated adverse critical area impact or hazard completed according to an approved critical areas report and prior to site development.

“Agricultural activities” means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.

“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.

“Agricultural land” means those specific land areas on which agricultural activities are conducted as of the date of adoption of this SMP as evidenced by aerial photography or other documentation. After the effective date of this SMP land converted to agricultural use is subject to compliance with the requirements of this SMP.

“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 20 years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.

“Alteration” means any human-induced action that adversely impacts the existing conditions of the land. Alteration includes but is not limited to:

A. Grading, filling, dredging, draining, channelizing, cutting, topping;

B. Clearing, relocating or removing vegetation;

C. Paving, construction, modifying for surface water management purposes;

D. Human activity that adversely impacts the existing topography, vegetation, hydrology, or wildlife habitat.

“Amendment” means a revision, update, addition, deletion, and/or reenactment to the Bothell SMP.

“Anadromous fish” means species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to freshwater rivers and streams to procreate.

“Appurtenance, residential” means an improvement necessarily connected to the use and enjoyment of a single-family residence when located landward of the OHWM, the perimeter of a wetland and outside their corresponding required buffers. Appurtenances may include, but are not limited to, a garage and/or shop; driveway; utilities; water craft storage (upland); swimming pools; hot tubs; shoreline stabilization considered exempt from the shoreline substantial development permit per BMC 13.17.040; retaining walls; fences; yards; saunas; cabanas; antennas; decks; walkways; and installation of a septic tank and drainfield and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the OHWM. The terms “appurtenant” and “accessory” are synonymous.

“Aquaculture” means the culture or farming of fish, shellfish, or other aquatic plants and animals.

“Aquifer” means 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.

“Aquifer, confined” means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and that contains groundwater under sufficient pressure for the water to rise above the top of the aquifer.

“Aquifer recharge areas” means areas that, due to the presence of certain soils, geology, and surface water, act to recharge groundwater by percolation.

“Aquifer, sole source” means 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 50 percent or more of the drinking water for an area without a sufficient replacement available.

“Aquifer susceptibility” means 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.

“Aquifer, unconfined” means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing groundwater under pressure approximately equal to that of the atmosphere. This term is synonymous with the term “water table aquifer.”

“Area of shallow flooding” means 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.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of the 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.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year. It is also referred to as the “100-year” flood. The base flood is determined for existing conditions unless a basin plan with projected flows under future development conditions has been completed and adopted by the city of Bothell. Designations on FIRM maps always include the letters “A” or “V.”

“Base flood elevation” means the water surface elevation of the base flood. It shall be referenced to the National Geodetic Vertical Datum of 1929.

“Basement” means that portion of a story partly underground and having at least one-half of its height or more than five feet below the adjoining finish grade.

“Best management practices (BMPs)” means 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 groundwater 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 revegetation of disturbed areas; and

D. Provide standards for proper use of chemical herbicides within critical areas.

The city shall monitor the application of best management practices to ensure that the standards and policies of this chapter are adhered to.

“Biodiversity” means the variety of animal and plant life and its ecological processes and interconnections – represented by the richness of ecological systems and the life that depends on them, including human life and economies.

“Boat launch” means a slab or set of pads, rails, planks, or graded slope which extends waterward of the OHWM, and is used for transferring watercraft between uplands and the water by means of a trailer, hand, or mechanical device.

“Boat lift” means lifts for motorized boats, kayaks, canoes and jet skis. Includes floating lifts that are designed to not contact the substrate; and ground-based lifts that are designed to be in contact with or supported by the substrate.

“Breakaway wall” means 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.

“Breakwater” means an offshore structure whose primary purpose is to protect harbors, moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A secondary purpose is to protect shorelines from wave-caused erosion. Breakwaters are generally built parallel to shore, and may or may not be connected to land, and may be floating or stationary.

“Buffer” or “buffer zone” means an area that is contiguous to and protects a critical area or shoreline water body which is required for the continued maintenance, functioning, and/or structural stability of a critical area or shoreline water body.

“Channel migration zone (CMZ)” means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. Evidence of active movement over the 100-year time frame can be inferred from aerial photos or from specific channel and valley bottom characteristics. The time span typically represents the time it takes to grow mature trees that can provide functional large woody debris to streams. A CMZ is not typically present if the valley width is generally less than two bankfull widths, if the stream or river is confined by terraces, no current or historical aerial photographic evidence exists of significant channel movement, and there is no field evidence of secondary channels with recent scour from stream flow or progressive bank erosion at meander bends. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ.

“City” means the incorporated city of Bothell, Washington.

“Clearing” means the destruction or removal of vegetation, ground cover, shrubs and trees including, but not limited to, root material removal that affects the erosive potential of the soils on the site. This includes such activities as clear-cutting or selective harvest of trees, chipping of stumps and hauling off of shrubs, slash piles, etc.

“Commercial” means those activities engaged in commerce and trade and involving the exchange of money, including but not limited to retail, services, wholesale, or business trade activities. Examples include, but are not limited to, hotels, motels, or other commercial accommodations, grocery stores, restaurants, concessions, shops, commercial recreation facilities such as marinas, boat repair, boat, canoe, or kayak rentals, and offices.

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

“Compensation project” means actions necessary to replace project-induced critical area, critical area buffer, shoreline, and shoreline buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions.

“Compensatory mitigation,” for purposes of Chapter 13.13 BMC, means replacing project-induced losses or adverse impacts to a critical area or shoreline, and includes, but is not limited to, the following:

A. “Restoration” means actions performed to reestablish 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” means actions performed to intentionally establish a wetland at a site where it did not formerly exist.

C. “Enhancement” means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.

D. “Preservation” means actions taken to ensure the permanent protection of existing, high-quality wetlands.

“Compensatory storage” means new, excavated storage volume equivalent to any flood storage capacity which has been or would be eliminated by filling or grading within the flood fringe. “Equivalent” shall mean that the storage removed shall be replaced by equal volume between corresponding one-foot contour intervals that are hydraulically connected to the floodway through their entire depth.

“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program.

“Conservation easement” means 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.

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

“Critical area tract” means land held in private ownership and retained in an open condition in perpetuity for the protection of critical areas. Lands within this type of dedication may include but are not limited to portions and combinations of forest habitats, grasslands, shrub steppe, on-site watersheds, 100-year floodplains, shorelines, riparian areas, and wetlands.

“Critical areas” as defined under Chapter 36.70A RCW include the following areas and ecosystems:

A. Wetlands;

B. Areas with a critical recharging effect on aquifers used for potable waters;

C. Fish and wildlife habitat conservation areas;

D. Frequently flooded areas; and

E. Geologically hazardous areas.

“Critical facility” means a facility for which even a slight chance of flooding, inundation, or adverse 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.

“Critical species” means all animal and plant species listed by the state or federal government as threatened or endangered.

“Cumulative impact” or “cumulative effect” means the adverse impact on the environment which results from the incremental adverse 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 individually minor but collectively significant actions taking place over a period of time.

“Degraded buffer” means an area between the ordinary high water mark and the standard buffer that has reduced ecological functions or impaired operation of ecosystem-wide processes relative to natural or historic conditions as a result of alterations to the physical, chemical, and/or biological characteristics of a site. Dominance of invasive plants or noxious weeds, monocultures of a single plant species, absence of vegetative structural diversity (lack of trees, shrubs and groundcovers), presence of significant impervious surfaces (e.g., majority of shoreline buffer), alteration of natural hydrologic pathways between upland areas and the shoreline water body, presence of hard structural shoreline stabilization, or presence of contaminated soils, among others, may be some indicators of degraded conditions.

“Development” means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any stage of water level. 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 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;

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; and

E. Dismantling or removing structures if there is no other associated development or redevelopment.

“Dock” means a landing and moorage facility for watercraft that abuts the shoreline. On the Sammamish River, a “dock” is the term which collectively applies to a ramp extending from the shoreline to a float. (See Figure 13.03-1 for illustration.) This definition does not include recreational decks, storage facilities, or other appurtenances which may be associated with the dock. See also “dock, community” and “dock, public.”

Fig. 13.03-1. Dock Definition Illustration

“Dock, community” means a private water-dependent facility designed for moorage of pleasure craft as its primary use that serves a specified residential development of more than four single-family residences or multifamily units. Other water-enjoyment uses, such as fishing or viewing, may occur on community docks.

“Dock, public” means a public water-dependent facility designed for temporary moorage of pleasure craft as its primary use. Public docks are typically associated with public parks, but may be found on other properties that provide public access. Other water-enjoyment uses, such as fishing or viewing, may occur on public docks.

“Dredging” means the removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, bay, or other water body and associated wetlands. Dredging can also mean the removal of sediment and other materials interfering with navigation.

“Ecological functions” or “shoreline functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.

“Ecology” (when capitalized) means the Washington State Department of Ecology.

“Ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.

“Elevated building” means a building that has no basement and its lowest elevated floor is raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

“Emergent wetland” means 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.

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

“Erosion” means the group of natural processes including weathering, dissolution, abrasion, corrosion, and transporting by which earthy or rocky material is removed from any part of the earth’s surface.

“Erosion hazard areas” means those areas identified by the U.S. Department of Agriculture National Resources Conservation Service as having a “moderate to severe,” “severe” or “very severe” rill and inter-rill erosion hazard and/or those areas containing soils which, according to the USDA Soil Conservation Service Soil Classification System, may experience severe to very severe erosion hazard.

“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 substantial development permit but which must otherwise comply with applicable provisions of the Act and the SMP. See BMC 13.17.040 for a complete list of exempt activities.

“Exotic” means any species of plants or animals which are foreign to the planning area.

“Extirpate” means to destroy completely, or wipe out.

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

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

A. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;

B. The action provides a reasonable likelihood of achieving its intended purpose; and

C. The action does not physically preclude achieving the project’s primary intended legal use.

In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant.

In determining an action’s infeasibility, the reviewing agency may weigh the action’s relative public costs and public benefits, considered in the short- and long-term time frames.

“Fill” means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

“Fish and wildlife habitat conservation areas” means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include:

A. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;

B. Habitats of local importance, including but not limited to areas designated as priority habitat by the Washington State Department of Fish and Wildlife;

C. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate adverse impacts to ponds;

D. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington;

E. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;

F. State natural area preserves and natural resource conservation areas; and

G. Land essential for preserving connections between habitat blocks and open spaces.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

“Flood control” means any undertaking for the conveyance, control, and dispersal of floodwaters caused by abnormally high direct precipitation or stream overflow.

“Flood insurance map” means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and include the risk premium zones applicable to the community. Also known as “flood insurance rate map” or “FIRM.”

“Flood insurance study” means 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.

“Flood protection elevation” means an elevation that is one foot above the elevation of the “100-year” flood.

“Flood resistant material” means materials designed to be resistant to the adverse impacts associated with flooding and defined and described in detail in the Federal Emergency Management Agency’s Technical Bulletin No. 2-93, 1993, and FEMA publication FEMA-348, Protecting Building Utilities from Flood Damage.

“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.

“Floodway” means the area established in effective Federal Emergency Management Agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

“Forest practices” means 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, 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.

“Forested wetland” means 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.

“Formation” means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.

“Formation, confining” means the relatively impermeable formation immediately overlying a confined aquifer.

“Frequently flooded areas” or “flood hazard areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas could include, but are not limited to, streams, lakes, wetlands and their associated floodplains, flood fringes or the Federal Emergency Management Agency floodway. A flood hazard area consists of the following components which shall be determined through a required special study or other available floodplain data.

A. “Floodplain” means the total area subject to inundation by the base flood.

B. “Flood fringe” means that portion of the floodplain outside of the FEMA floodway which is covered by floodwaters during the base flood; it is generally associated with standing water rather than rapidly flowing water.

C. “Federal Emergency Management Agency (FEMA) floodway” means the channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

“Functions and values,” for purposes of Chapter 13.13 BMC, means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; educational opportunities; and recreation. These beneficial roles are not listed in order of priority. Critical area functions can be used to help set targets (species composition, structure, etc.) for managed areas, including mitigation sites.

“Geologically hazardous areas” means 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 365-190-080(4). Types of geologically hazardous areas include erosion, landslide, and seismic hazards.

“Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the adverse 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.

“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.

“Groin” means a barrier type of structure extending from the stream bank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials.

“Groundwater” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

“Groundwater management area” means a specific geographic area or subarea designated pursuant to Chapter 173-100 WAC for which a groundwater management program is required.

“Groundwater management program” means a comprehensive program designed to protect groundwater quality, to ensure groundwater quantity, and to provide for efficient management of water resources while recognizing existing groundwater rights and meeting future needs consistent with local and state objectives, policies, and authorities within a designated groundwater management area or subarea and developed pursuant to Chapter 173-100 WAC.

“Groundwater, perched” means groundwater in a saturated zone is separated from the underlying main body of groundwater by an unsaturated rock zone.

“Guidelines” means those standards adopted by the department to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria for local governments and the department in developing and amending master programs.

“Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows.

“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.

“Habitats of local importance” areas include a seasonal range or habitat element with which a given species has a primary association, and which if altered may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. (WAC 365-190-030).

“Hard structural shoreline stabilization” means shore 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 that are located at or waterward of ordinary high water, as well as those structures located on average within five feet landward of OHWM. These may include bulkheads, riprap, retaining walls and similar structures.

“Hazard areas” means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.

“Hazardous substances” means 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.

“Health and social services” means establishments providing health care and social assistance for individuals including but not limited to hospitals, medical, dental, psychological, psychiatric, osteopathic, naturopathic, chiropractic, physical therapy or other clinics, and pharmacies.

“Height” is measured from average grade level to the highest point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines; provided further, that temporary construction equipment is excluded in this calculation.

“High intensity land use” means 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 (more than one home per five acres), multifamily residential, some agricultural practices, and commercial and industrial land uses.

“High quality wetlands” means those wetlands that meet the following criteria:

A. No, or isolated, human alteration of the wetland topography;

B. No human-caused alteration of the hydrology, or the wetland appears to have recovered from the alteration;

C. Low cover and frequency of exotic plant species;

D. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance;

E. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and

F. No known major water quality problems.

“Historic condition” means 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.

“Hydraulic project approval (HPA)” means the permit issued by the Washington State Department of Fish and Wildlife pursuant to the State Hydraulic Code, Chapter 77.55 RCW.

“Hydric soil” means soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper soil horizon(s), thereby influencing the growth of plants.

“Hydrologic soil groups” means 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.

“Hydrophytic vegetation” means 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 the Washington State Wetland Identification and Delineation Manual.

“Hyporheic zone” means 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.

“Impact” means the effects or consequences of actions, inclusive of adverse and beneficial effects or consequences to critical areas and their associated buffers.

“Impact, adverse” means the effects or consequences of actions, activities, construction and programs that injure, endanger, degrade or result in the loss of functions and values of a critical area or areas and their associated buffers.

“Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, 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 storm water. Open, uncovered retention/detention facilities, turf, landscaping and natural vegetation shall not be considered as impervious surfaces.

“In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in category.”

“In-lieu-fee program” means an agreement between a regulatory agency (state, federal, or local) and a single sponsor, generally a public natural resource agency or nonprofit organization. Under an in-lieu-fee agreement, the mitigation sponsor collects funds from an individual or a number of individuals who are required to conduct compensatory mitigation required under a wetland regulatory program. The sponsor may use the funds pooled from multiple permittees to create one or a number of sites under the authority of the agreement to satisfy the permittees’ required mitigation.

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

“Industry” means facilities for processing, manufacturing, and storage of finished or semi-finished goods, power generating facilities, major repair, storage and repair of large vehicles or heavy equipment, related storage of fuels, warehousing construction contractors’ offices and material/equipment storage yards, wholesale trade or storage, together with necessary accessory uses such as parking, loading, and waste storage and treatment.

“Infiltration” means the downward entry of water into the immediate surface of soil.

Injection Well(s).

A. “Class I” means a well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter mile of the well bore, an underground source of drinking water.

B. “Class II” means a well used to inject fluids:

1. 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;

2. For enhanced recovery of oil or natural gas; or

3. For storage of hydrocarbons that are liquid at standard temperature and pressure.

C. “Class III” means a well used for extraction of minerals, including but not limited to the injection of fluids for:

1. In-situ production of uranium or other metals that have not been conventionally mined;

2. Mining of sulfur by Frasch process; or

3. Solution mining of salts or potash.

D. “Class IV” means a well used to inject dangerous or radioactive waste fluids.

E. “Class V” means all injection wells not included in Classes I, II, III, or IV.

“Inter-rill” means areas subject to sheet wash.

“Invasive species” means a species that is nonnative to the Puget Sound ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

“Isolated wetlands” means 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.

“Landslide hazard areas” means areas that are potentially subject to risk of mass movement due to a combination of geologic landslide resulting from 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.

“Low intensity land use” means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or forest management land uses.

“Lowest floor” means 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, which 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.

“Marina” means a private or public facility providing the purchase and/or lease of a slip for storing, berthing and securing motorized boats or watercraft, including both long-term and transient moorage. Marinas may include accessory facilities for providing incidental services to users of the marina, such as waste collection, boat sales or rental activities, and retail establishments providing repair or service of boats.

“May” means the action is acceptable, provided it conforms to the provisions of Ecology Guidelines in Chapter 173-26 WAC.

“Manufactured home,” as defined under WAC 296-150M-0020, means a single-family dwelling unit built according to the United States Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.

“Mitigation” or “mitigation sequencing” means the process necessary to avoid, minimize or reduce, or compensate for the adverse environmental impact(s) of a proposal (see WAC 197-11-768 and 173-26-201(2.e)). Mitigation or mitigation sequencing means the following sequence of steps listed in order of priority, with subsection A. of this definition being top priority:

A. Avoiding the adverse impact altogether by not taking a certain action or parts of an action;

B. Minimizing adverse 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 adverse impact by repairing, rehabilitating, or restoring the affected environment;

D. Reducing or eliminating the adverse impact over time by preservation and maintenance operations;

E. Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; and

F. Monitoring the adverse impact and the compensation projects and taking appropriate corrective measures.

“Mixed use, commercial and residential” means a development that combines uses vertically or horizontally on the same site to create a compact development meeting multiple needs of residents and businesses.

“Mixed use, water-dependent and non-water-oriented” means a use that contains a mix of water-oriented and non-water-oriented uses or development. This definition is only applicable within shoreline jurisdiction.

“Mobile/manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more mobile and/or manufactured home lots for rent or sale.

“Moderate intensity land use” means land uses which are associated with moderate levels of human disturbance or substantial adverse habitat impacts including, but not limited to, low-density residential (no more than one home per five acres), active recreation, and moderate agricultural land uses.

“Monitoring” means evaluating the adverse 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, including gathering baseline data.

“Moorage facility” means a marina, dock, mooring buoy, or any other similar fixed moorage site.

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

“Native growth protection area (NGPA)” means 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.

“Native vegetation” means plant species that are indigenous to the area in question.

“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.

“Natural waters” means waters, excluding water conveyance systems, that are artificially constructed and actively maintained for irrigation.

“No net loss of ecological function” means 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 (February 2011). As a development and/or mitigation standard, no net loss requires that the impacts of a particular shoreline development and/or use, whether permitted or exempt, be identified and prevented or mitigated, such that it has no resulting adverse impacts on shoreline ecological functions or processes relative to the legal condition just prior to the proposed development and/or use.

“Nonconformity” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as defined in the International Building Code.

Nonindigenous. See “Exotic.”

“Non-water-oriented uses” means those uses that are not water-dependent, water-related, or water-enjoyment. A use which does not need a shoreline location to successfully operate is considered non-water-oriented; for example, a bowling alley is a recreation use but is not related to enjoyment of the water and does not require a location along a shoreline to function.

“Normal repair” means activities that restore the character, size or scope of a project only to the previously authorized condition within a reasonable period after decay or partial destruction, excepting that repair involving total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or environment shall not be construed as normal repair (WAC 173-27-040(2b)). See also “normal maintenance, defined in BMC 13.17.040(E)(2).”

“Noxious weed” means any nonnative plant that, once established, is highly destructive, competitive and difficult to control, such as Himalayan blackberry, English ivy, Eurasian watermilfoil, or Scotch broom, and listed on the King or Snohomish County noxious weed lists.

“Off-site compensation” means to replace critical areas, critical area functions, or shoreline ecological functions away from the site on which a critical area or shoreline has been adversely impacted.

“On-site compensation” means to replace critical areas, critical area functions, or shoreline ecological functions at or adjacent to the site on which a critical area or shoreline has been adversely impacted.

“Ordinary high water mark” (often abbreviated OHWM) means that mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971, or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the city or the Washington State 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.

“Out-of-kind compensation” means to replace critical areas, critical area functions, or shoreline ecological functions with substitute critical areas, critical area functions, or shoreline ecological functions whose characteristics do not closely approximate those destroyed or degraded. It does not refer to replacement “out-of-category.”

Perched Groundwater. See “groundwater, perched.”

“Performance standards” means regulations, which include bulk and dimensional standards, that are applied to the design and function of a development or use.

“Permeability” means 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.

“Permit” means any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58 RCW.

“Pier” means an over-water, fixed, pile-supported structure that does not float on the water’s surface and provides a location for boat moorage.

“Planning area” means the totality of the Bothell city limits and its municipal urban growth area and potential annexation areas within the city’s shoreline jurisdiction. When listed similar to “city limits and planning area” the phrase “planning area” refers to the unincorporated portions of the shoreline jurisdiction.

“Platform, fishing or viewing” means a raised level surface constructed along the shoreline and over water allowing the public to view the shoreline and water body and, where specified, to fish.

“Pollutant” means any substance that has been or may be determined to cause or tend to cause injurious, corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer system, or storm drainage system.

“Pollution” means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

“Porous soil types” means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices, or other openings which allow the passing of water.

“Potable water” means water that is safe and palatable for human use.

“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and has less adverse impacts to critical areas.

“Preferred uses” means 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 state’s shoreline, single-family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, docks, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state (see RCW 90.58.020).

“Primary association area” means the area used on a regular basis by, is in close association with, or is necessary for the proper functioning of the habitat of a critical species. “Regular basis” means that the habitat area is normally or usually known to contain a critical species or, based on known habitat requirements of the species, the area is likely to contain the critical species. “Regular basis” is species and population dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat types.

“Priority habitat” means a habitat type or elements with unique or significant value to one or more species. An area classified and mapped as priority habitat by the state Department of Fish and Wildlife must have one or more of the following attributes:

A. Comparatively high fish or wildlife density;

B. Comparatively high fish or wildlife species diversity;

C. Fish spawning habitat;

D. Important wildlife habitat;

E. Important fish or wildlife seasonal range;

F. Important fish or wildlife movement corridor;

G. Rearing and foraging habitat;

H. Refugia habitat;

I. Limited availability;

J. High vulnerability to habitat alteration; or

K. Unique or dependent species.

A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as wetlands). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.

“Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.

A. Criterion 1. State-Listed or State Candidate Species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State and candidate species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.

B. Criterion 2. Vulnerable Aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.

C. Criterion 3. Species of Recreational, Commercial, and/or Tribal Importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.

D. Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered.

“Project area” means 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.

“Public access” means a technique or mode of physical approach to and along the shoreline made available to the general public. This may also include visual approach.

“Public interest” means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development.

“Qualified professional” means a person with experience and training in the pertinent discipline, and who is a qualified expert with expertise appropriate for the relevant critical area or shoreline subject. A qualified professional must have obtained a B.S., B.A. or equivalent degree or certification in biology, engineering, environmental studies, fisheries, geomorphology, landscape architecture, forestry or related field, and two years of related work experience.

A. A qualified professional for wildlife, habitats or wetlands must have a degree in biology, zoology, ecology, fisheries, or related field, and professional experience.

B. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.

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

D. A qualified professional for vegetation management must be a registered landscape architect, certified arborist, biologist, or professional forester with a corresponding degree or certification.

“Recharge” means the process involved in the absorption and addition of water to groundwater.

“Reclaimed water” means municipal wastewater effluent that has been adequately and reliably 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).

“Recreation” means 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.

“Recreation vehicle” means a vehicle that is:

A. Built on a single chassis;

B. Four hundred 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.

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

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

“Restore,” “restoration” or “ecological restoration” means 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.

“Restoration,” for purposes of critical areas management under Chapter 13.13 BMC, Critical Areas in Shoreline Jurisdiction, also means 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.

“Revegetation” means the planting of vegetation to cover any land areas that have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting requirements of the Bothell Municipal Code.

“Rills” means steep-sided channels 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.

“Riparian habitat” means 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.

“Riprap” means 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; also, the stone so used.

“Runoff” means water that is not absorbed into the soil, but rather flows along the ground surface following the topography. Sometimes called “surface water.” See also definition of “storm water runoff” for definition of subcategory of runoff.

“Salmonid(s)” means a member of the fish family Salmonidae. In the vicinity of Bothell’s planning area, these include Chinook, coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, rainbow, steelhead and cutthroat salmon; cutthroat, brook and brown trout; and brook and Dolly Varden char, kokanee, and whitefish.

“Scrub-shrub wetland” means 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.

“Section 404 permit” means a permit issued by the U.S. 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 Section 1344. Section 404 permits may also be for endangered species consultation. They require a consultation under Section 7 of the Federal Endangered Species Act.

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

“Seeps” means a spot where water oozes from the earth, often forming the source of a small stream.

“Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.

“SEPA” means State Environmental Policy Act.

“SEPA checklist” refers to the form required of some projects under SEPA to identify the probable significant adverse impacts on the quality of the environment. The checklist helps to reduce or avoid adverse impacts from a proposal, and help the responsible governmental agency decide whether a full environmental impact statement (EIS) is required (WAC 197-11-960).

“Serviceable” means presently usable.

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

“Shoreline administrator” means the director of community development or the director’s designee.

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

“Shoreline master program (SMP)” means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020. As provided in RCW 36.70A.480, the goals and policies of a SMP approved under Chapter 90.58 RCW shall be considered an element of the city’s comprehensive plan. All other portions of the SMP adopted under Chapter 90.58 RCW, including use regulations, shall be considered a part of the city’s development regulations.

“Shoreline modifications” means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a levee, breakwater, dock, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

“Shoreline stabilization” means structural or nonstructural modifications to the existing shoreline intended to reduce or prevent erosion of uplands. They are generally located parallel to the shoreline at or near the OHWM.

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

“Sign” means any device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, logos or trademarks for the purpose of providing information or directions, or identifying or advertising any place, establishment, product, good, or service and includes all supports, braces, guy wires and anchors associated with such signs.

“Significant adverse environmental impacts” means a reasonable likelihood of more than a moderate adverse impact on environmental quality. This term will vary from one site to another because of the environmental conditions at and surrounding the subject property, the specific features of the subject property, and the judgment of the shoreline administrator.

“Significant portion of its range” means that portion of a species’ range likely to be essential to the long-term survival of the population in Washington.

“Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes adverse 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.

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

“Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.

Sole Source Aquifer. See “aquifer, sole source.”

“Special flood hazard areas” means the land in the floodplain within an area subject to a one percent or greater chance of flooding in any given year. Designations of special flood hazard areas on flood insurance map(s) always include the letters A or V.

“Special protection areas” means 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. Groundwaters that support an ecological system requiring more stringent criteria than drinking water standards;

B. Groundwater recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and

C. Sole source aquifer status.

“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.

“Species, endangered” means any fish or wildlife species that is 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.

“Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species.

“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Washington State Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.

“Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.

“State Environmental Policy Act (SEPA)” means a state law at Chapter 43.21C RCW which requires state agencies, local governments and other lead agencies to consider environmental impacts when making most types of permit decisions, especially for development proposals of a significant scale.

“Storm water runoff” means the water that runs off surfaces such as rooftops, paved streets, highways, and parking lots. It can also come from hard grassy surfaces like lawns, play fields, and from graveled roads and parking lots.

“Stream” or “watercourse” means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state, including areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks, which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, storm water runoff devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

“Structure” means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels.

“Subdrainage basin” or “subbasin” means 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.

“Substantial damage” means 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.

“Substantial development” means any development that:

A. Pursuant to WAC 173-27-040(2)(a), the total cost or fair market value exceeds $5,000 as adjusted for inflation by the Office of Financial Management, based upon changes in the consumer price index during that time period. “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 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, contributed or found labor, equipment or materials; or

B. Materially interferes with the normal public use of the water or shorelines of the state.

A list of developments not considered substantial development is provided in BMC 13.17.040.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the total cost or fair market value of which 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:

A. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, or the Bothell register of historic landmarks.

The term “substantial improvement” does not mean the same as the term “substantial development” as utilized in this title.

“Substantially degrade” means to cause significant adverse ecological impact.

“Transmit” means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.

“Transportation” means roads and railways, related bridges and culverts, fills, embankments, causeways, parking areas, and trails.

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

“Upland” means the area above and landward of the ordinary high water mark.

“Use” or “use activity” means the purpose for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance or operation of such activity with respect to the provision of this title. The definition of “use” also includes the definition of “development.”

“Utility” means 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.

“Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the SMP and not a means to vary a use of a shoreline.

“Vegetation stabilization” means planting of vegetation upon shoreline banks, slopes, or berms to retain soil and retard erosion from surface runoff; planting of aquatic vegetation offshore to reduce wave action and retain bottom materials; and utilizing temporary structures or netting to enable plants to establish in unstable areas.

“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.

“Vulnerability” means the combined effect of susceptibility to contamination and the presence of potential contaminants.

“Water-dependent use” means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. Examples include swimming beaches, boat launches, docks, and marinas.

“Water-enjoyment use” means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Examples include parks and trails, restaurants, museums, aquariums, scientific/ecological reserves, resorts/hotels (as part of mixed use development or with significant public access or restoration components), and mixed use commercial/office.

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

“Water quality” means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term “water quantity” refers only to development and uses regulated under this SMP 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.

“Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:

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.

Examples of water-related uses may include dry boat storage with on-site launching mechanisms, boat repair and maintenance, gravel storage when transported by boats or barges, warehousing of goods transported by water, hydroelectric generating plants, and agriculturally related water transportation systems.

“Water resource inventory area (WRIA)” means 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.

“Water table” means 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.

Water Table Aquifer. See “aquifer, unconfined.”

“Water typing system” means waters classified according to WAC 222-16-030 as follows:

A. “Type S water” means all waters, within their bankfull width, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW including periodically inundated areas of their associated wetlands.

B. “Type F water” means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories:

1. Waters which are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the Department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less;

2. Waters which are diverted for use by federal, state, tribal or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, including tributaries if highly significant for protection of downstream water quality. The Department may allow additional harvest beyond the requirements of Type F water designation provided the Department determines after a landowner-requested on-site assessment by the Department of Fish and Wildlife, Department of Ecology, the affected tribes and interested parties that:

(a) The management practices proposed by the landowner will adequately protect water quality for the fish hatchery; and

(b) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery;

3. Waters which are within a federal, state, local, or private campground having more than 10 camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement;

4. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria:

(a) The site must be connected to a fish habitat stream and accessible during some period of the year; and

(b) The off-channel water must be accessible to fish.

C. “Type Np water” means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish-habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see Board Manual, Section 23), then Type Np waters begin at a point along the channel where the contributing basin area is at least 52 acres.

D. “Type Ns water” means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, non-fish-habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters.

E. For purposes of this section:

1. “Residential unit” means a home, apartment, residential condominium unit or mobile home, serving as the principal place of residence.

2. “Camping unit” means an area intended and used for:

(a) Overnight camping or picnicking by the public containing at least a fireplace, picnic table and access to water and sanitary facilities; or

(b) A permanent home or condominium unit or mobile home not qualifying as a “residential unit” because of part-time occupancy.

3. “Public accommodation facility” means a business establishment open to and licensed to serve the public, such as a restaurant, tavern, motel or hotel.

4. “Natural waters” only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation.

5. “Seasonal low flow” and “seasonal low water” mean the conditions of the seven-day, two-year low water situation, as measured or estimated by accepted hydrologic techniques recognized by the Department.

6. “Channel width and gradient” means a measurement over a representative section of at least 500 linear feet with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may be determined utilizing stream profiles plotted from United States Geological Survey topographic maps.

7. “Intermittent streams” means those segments of streams that normally go dry.

8. “Fish habitat” means habitat which is used by any fish at any life stage at any time of the year, including potential habitat likely to be used by fish which could be recovered by restoration or management and includes off-channel habitat.

Watercourse. See “stream.”

“Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to Chapter 43.21C RCW, SEPA. In the city of Bothell, the Final Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan (2005, or as amended) and the city of Bothell’s shoreline restoration plan (2011, or as amended) are important watershed restoration plans that are consistent with this definition.

“Weir” means a structure generally built perpendicular to the shoreline for the purpose of diverting water or trapping sediment or other moving objects transported by water.

“Well” means 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.

“Wellhead protection area (WHPA)” means the portion of a zone of contribution for a well, well field, or spring, as defined using criteria established by the Washington State Department of Ecology.

“Wetland categories,” “categories of wetlands,” or “wetland types” means the descriptive classes of the wetlands taxonomic classification system of the Washington State Wetland Rating System for Western Washington (revised), Department of Ecology Publication No. 14-06-029.

“Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this chapter.

“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water.

“Wetlands” means those areas that are inundated or saturated by surface 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 nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands if permitted by the city (RCW 36.70A.030(21)).

“Wetlands of high conservation value” (formerly called natural heritage wetlands) means those wetlands identified by the Washington Natural Heritage Program at the Department of Natural Resources as either high quality undisturbed wetlands or wetlands that support rare or sensitive plant populations.

“WSDOT facility maintenance and safety improvements” means the following consistent with RCW 90.58.356:

A. Maintenance, repair, or replacement that occurs within the roadway prism of a state highway as defined in RCW 46.04.560;

B. The lease or ownership area of a transit facility, including ancillary transportation facilities such as pedestrian paths, bicycle paths, or both, and bike lanes;

C. Construction or installation of safety structures and equipment, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal;

D. Maintenance occurring within the right-of-way; or

E. Construction undertaken in response to unforeseen, extraordinary circumstances that is necessary to prevent a decline, lapse, or cessation of service from a lawfully established transportation facility.

“Zone of contribution” means the area surrounding a well or spring that encompasses all areas or features that supply groundwater recharge to the well or spring. (Ord. 2280 § 3, 2019; Ord. 2112 § 3 (Exh. C), 2013).