§ 17.15.200. Definitions—Critical areas, categories and terms.

The following definitions shall apply to this chapter:

"Aggrieved person" means one who is directly affected by the approval, denial or conditioning of a development permit reviewed under this chapter (such as the applicant); but who is not the owner, agent, tenant, operator, lessor or other person with a financial interest in the property upon which the development permit is requested.

"Agricultural building" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged; nor shall it be a place used by the public.

"Agricultural ditch maintenance" means the cleaning of a previously existing drainage system where the outlet, size or elevation will not be changed. This shall also include the replacement of sections of previously existing tile drainage systems.

"Agricultural, wetland conversion" means the introduction of agricultural activities into a critical area or their buffer where such activity did not previously occur. For example, land which was not devoted to agricultural use at the date of the adoption of this chapter and is subsequently cleared and prepared for pasture, growing of blueberries, or a wetland nursery.

"Agriculture" means use of a tract of land for the following:

1.

The tilling of the soil;

2.

The raising, harvesting and processing of crops or plant growth of any kind, including forestry;

3.

Pasturage;

4.

Horticulture;

5.

Dairying;

6.

Raising of poultry and livestock;

7.

Shellfish or fish farming, including finfish in upland hatcheries; or

8.

Raising, harvesting and processing of clams, oysters, and mussels.

"Agriculture, existing and ongoing" means those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas.

Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.

"AKART" means all known, available, and reasonable methods of prevention, control, and treatment. AKART may include, but not be limited to, pollution prevention plan development and implementation, engineering solutions, and practices deemed necessary to prevent release.

"Alteration" means change to, addition to, or modification of an existing use or physical structure that is beyond routine repair and maintenance but does not amount to total replacement. An alteration includes activity that requires a building permit.

"Applicant" means any person, business entity, or a government agency which applies for a development proposal, permit or approval subject to review under this chapter.

"Animal unit" is defined as one thousand pounds of live weight of any given livestock species or any combination of livestock species. Animal equivalents are calculated for each livestock and poultry sector according to estimated rates of manure production for each species. Common examples of livestock species include, but are not limited to, cattle (beef and dairy), horses, goats, pigs, and llamas. For additional information, refer to the U.S. Department of Agriculture Natural Resource Conservation Service Animal Waste Field Handbook.

"Aquifer fringe" means the area within five hundred feet and up-gradient (topographically or hydrologically) which contributes drainage to an aquifer recharge area.

"Aquifer recharge areas" means those areas of Thurston County which have an aquifer under them and which allow water to enter the soil and geological materials in ways and in quantities that replenish natural groundwater systems and aquifers.

"Boathouse" means a type of upland facility which has walls and is usually for the storage of one boat.

"Buffer" or "critical area buffer" means that area which surrounds and protects a critical area from adverse impacts to the functions and values of that area.

"Bulkhead" means walls or structures constructed parallel to the shoreline whose primary purpose is to hold or prevent the erosion of soil due to wave action.

"Compensation, in-kind" or "in-kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by an allowable use or activity.

"Compensation, off-site" or "off-site compensation" means to replace a wetland away from the site on which a wetland has been impacted by an allowable use or activity.

"Compensation, on-site" or "on-site compensation" means to replace a wetland at or within five hundred feet of the site on which a wetland has been impacted by an allowable use or activity.

"Compensation, out-of-kind" or "out-of-kind compensation" means to replace a wetland with a substitute wetland whose characteristics do not closely approximate those destroyed or degraded by an allowable use or activity. It does not refer to replacement out-of-category.

"Compensation project" means actions necessary to replace project-induced losses to the functional values of a critical area, including land acquisition, planning, construction plans, monitoring and contingency actions.

"Conservation easement" means a limited protective easement granted to Thurston County or a nonprofit entity (e.g., Land Trust) to enable the county to protect a critical area from use and development that is inconsistent with the purposes of this chapter.

"Construction period" means the period during which all construction related activities are initiated and completed, including but not limited to, clearing, grading, building, finishing and landscaping.

"Critical area administrative review" means an administrative (staff) review process to implement the provisions of this chapter for any land use, commercial building or grading permit that is categorically exempt from SEPA and that has critical areas or buffers affecting the project site.

"Critical area tract" means an area containing a critical area owned in common by the owners of separate lots within a development proposal, and/or a critical area that is protected by a conservation easement from use and development that is inconsistent with the purposes of this chapter.

"Critical areas" means and includes the following areas and ecosystems for the purposes of this chapter:

1.

Aquifer recharge areas;

2.

Geologic hazard areas;

3.

Important habitats and species;

4.

Special management areas; and

5.

Floodplains, streams and wetlands.

"Critical facilities" means those facilities which would be particularly vulnerable to natural disasters and are listed as essential facilities, hazardous facilities, or special occupancy structures in the Uniform Building Code (1994), as amended. Refer to Table 7 for a current list of "Critical Facilities for Thurston County."

"Critical facility" means an occupancy type for structures which is listed in the Uniform Building Code (1994), as amended, and which poses a high risk to the public if damaged, or which is necessary for emergency (e.g., earthquake, flood, etc.) operations. These include schools, other large-occupancy buildings, hospitals, government communication centers, etc. Refer to Table 7, "Critical Facilities for Thurston County."

"Danger tree"* means a tree with a high probability of falling due to a debilitating disease, a structural defect, a root ball more than fifty percent exposed, or having been exposed to wind throw within the past ten years, and where there is a residence or residential accessory structure within a tree length of the base of the trunk, or where the top of a bluff or steep slope is endangered. Where not immediately apparent to the review authority, the danger tree determination shall be made after review of a report prepared by an arborist or forester.

* Author's Note: This definition applies in marine bluff hazard areas. As of February 1993, there were five active drainage districts in Thurston County:

a. Blake
b. Chambers Lake
c. Hopkins
d. Joint Lewis Thurston
e. Zenkner Valley-Coffee Creek

"Department" when used by itself in this title means the resource stewardship department, unless otherwise indicated in the specific section.

"Development proposal" means any of the activities relating to the use and/or development of land requiring a permit or approval from Thurston County as described in this chapter.

"Development proposal site" means the legal boundaries of the parcel or parcels of on which an applicant has applied for authority from Thurston County to carry out a development proposal.

"Drainage district"* means an active drainage district as provided in RCW Chapters 85.06 and 85.38.

"Emergency" means an unanticipated and immediate threat to public health, safety or the environment which requires immediate action with a time too short to allow full compliance with this chapter.

"Enhancement" means an action which increases the functions and values of a stream or wetland.

"Erosion hazard areas" means land characterized by any of the soil types identified by the soil conservation service as "highly erodible land." This designation pertains to water erosion and not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities such as clearing or grading.

"Essential habitat" means habitat necessary for the survival of federally listed threatened, endangered and sensitive species and state-listed priority species.

"Existing lot of record" means a lot shown as a part of a recorded subdivision, or any parcel of land described by metes and bounds in a recorded deed, record of survey or other appropriate document recorded in the office of the county auditor.

"Exotic" means any species of plants or animals that are foreign to Thurston County. This may include those plant species identified as noxious weeds by the Thurston County noxious weed control board or the state Department of Agriculture under RCW Chapter 17.10.

"Expansion" means alteration of a use or structure that extends beyond the existing use area or building footprint.

"Fill" means a deposit or redistribution of any earth, vegetation, debris or other materials within a one-hundred-year floodplain; or within an important habitat, lake, pond, stream. wetland and their buffers as described in this chapter.

"Fish hatcheries" mean those structures, ponds and on-site improvements used for the propagation and rearing of various types of fin-fish but does not include egg boxes, egg tubes or other similar fisheries enhancement activities undertaken within the stream channel.

"Floodplain, one hundred-year," "one hundred-year floodplain" or "flood hazard areas" means those lands which are subject to a one percent or greater chance of flooding in any year. (Refer to Figures 11 and 12 located at the end of this chapter.)

"Floodplain, five hundred-year" or "five hundred-year floodplain" means those lands which are subject to 0.2 percent or greater chance of flooding in any year. These areas are identified as the "B" zone on the Flood Insurance Rate Maps from the Federal Emergency Management Agency.

"Floodway" means those portions of the floodplain adjoining and including the channel of a river or stream which discharges the flood water and flow of that river or stream. It is any place where the water is moving with velocity and a definite current, but does not include other portions of the floodplain where the water is just standing. (Refer to Figures 11 and 12 located at the end of this chapter.)

"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:

1.

Road and trail construction;

2.

Harvesting, final and intermediate;

3.

Precommercial thinning;

4.

Reforestation;

5.

Fertilization;

6.

Prevention and suppression of diseases and insects;

7.

Salvage of trees; and

8.

Brush control.

Forest practices shall not include preparatory work such as tree marking, surveying and road flagging; or removal or harvest 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.

"Functions," "beneficial functions" or "functions and values" means the beneficial roles served by critical areas including, but not limited to the following which are normally associated with wetlands: 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, historical and archaeological value protection, aesthetic value and recreation. These beneficial functions are not listed in order of priority.

"Geologic hazard areas" means those areas that because of their susceptibility to erosion, earthquake or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns.

"Geologist" means a person who has earned a degree in geology from an accredited college or university, or a person who has equivalent educational training and has experience as a practicing geologist.

"Geotechnical engineer" means a practicing, geotechnical/ civil engineer licensed as a professional civil engineer with the state of Washington who has at least four years of professional employment as a geotechnical engineer with experience in landslide evaluation.

"Grading" means any excavating or filling or removing of the duff layer or any combination thereof.

"Group A permits" means the following:

1.

Building permit—agricultural, single-family or duplex; however, permits for which there is no expansion of the structural footprint, or where there is no change in the location of impervious surfaces are exempt;

2.

Building site application;

3.

Franchise right-of-way construction permit;

4.

Grading permit—less than one hundred cubic yards;

5.

Large lot subdivision for two lots;

6.

Large lot subdivision within a long term agriculture district;

7.

Minor road and street improvements (refer to WAC 197-11-800(2)(c));

8.

Right-of-way permit;

9.

Short subdivision for two lots; and

10.

Utility permit.

"Group B permits" means the following:

1.

Building permit—multifamily, commercial or industrial; however, permits for which there is no expansion of the structural footprint, or where there is no change in the location of impervious surfaces are exempt;

2.

Forest practices permit, Class IV;

3.

Grading permit for more than one hundred cubic yards;

4.

Joint Aquatic Resource Permit Application;

5.

Planned residential development;

6.

Planned rural residential development;

7.

Short subdivision for three or more lots;

8.

Shoreline conditional use permit;

9.

Shoreline environmental redesignation;

10.

Shoreline substantial development permit;

11.

Shoreline variance;

12.

Site plan review;

13.

Special use permit;

14.

Subdivision (including large lot subdivisions not identified as a Group A permit);

15.

Variance;

16.

Zone reclassification; or

17.

Any subsequently adopted permit or required approval not expressly exempted from this chapter.

"Hazardous materials" means those materials which are a physical or health hazard. A physical hazard is a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, and oxidizer, pyrophoric, unstable (reactive) or water-reactive. A health hazard is a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed persons. The term "health hazards" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes or mucous membranes.

"Health officer" means that person of the Thurston County health department described as such in RCW Chapter 70.05 or his/her duly authorized representative.

"High ground water flood hazard areas" means an area where high ground water flooding occurs when subsurface geologic conditions prevent recharging water from moving downward or laterally as fast as it enters the ground water system. The result is a rise in the ground water table and accumulation of water on the surface that persists over protracted periods of time.

"Hydric soil" means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Corps of Engineers Wetlands Delineation Manual (1987), with "Washington Regional Guidance on the 1987 Wetlands Delineation Manual" (1994). A list of "Hydric Soils of Thurston County" is contained in Table 12.

"Impervious surface" means pavement (compacted gravel, asphalt and concrete), roofs, revetments, or any other man-made surface which substantially impedes the infiltration of precipitation.

"Important habitats and species" means those state priority habitats and species and those local habitats and species recognized as such by this chapter.

"Lake" means a naturally existing or artificially created body of standing water greater than twenty acres in size. Lakes include reservoirs which exist on a year-round basis and occur in a depression of land or expanded part of a stream. A lake is bounded by the ordinary high water mark or the extension of the elevation of the lake's ordinary high water mark within the stream, where the stream enters the lake. All lakes meet the criteria of RCW Chapter 90.58 (Shoreline Management Act) and have inventoried as "Shorelines of the State" under the Shoreline Master Program for the Thurston Region, as amended, and Chapter 19.04.

"Landslide" means episodic downslope movement of a mass of soil or rock that includes but is not limited to rockfalls, slumps, mudflows, earthflows and snow avalanches.

"Landslide hazard areas" means those areas which are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors; and where the vertical height is fifteen feet or more. The following areas are considered to be subject to landslide hazards:

1.

Any area with a combination of:

a.

Slopes of thirty percent or steeper, and

b.

Impermeable subsurface material (typically silt and clay), frequently interbedded with granular soils (predominantly sand and gravel), and

c.

Springs or seeping groundwater during the wet season (November to February);

2.

Steep slopes of fifty percent or greater;

3.

Any areas located on a landslide feature which has shown movement during the past ten thousand years or which is underlain by mass wastage debris from that period of time;

4.

Any soil type contained on Table 6 and which does not lie along the shoreline of Puget Sound.

"Liquefaction" means a process, in which during ground shaking, some sandy, water-saturated soils such as those underlain by glacial outwash or artificial fill, can behave like liquids rather than solids.

"Marine bluff" means all the shorelines of Puget Sound, excluding the Nisqually Delta which extends from Luhr Beach easterly to the center of the Nisqually River.

"Marine bluff hazard area" means the following:

1.

Those marine bluffs which have a vertical height of twenty feet or more, and the upland area which lies within two hundred feet of the top of the marine bluff; or

2.

Those marine bluffs identified as "unstable" or "intermediate stability" on the maps of the Coastal Zone Atlas of Washington; Volume 8 Thurston County (1980), as amended, and the upland area which lies within two hundred feet of the top of the marine bluff; unless under twenty feet high and determined stable on an individual parcel basis by the review authority (refer to Figure 5).

"Mine hazard areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts or air shafts.

"Mitigation" includes avoiding, minimizing or compensation for adverse critical area impacts. Mitigation is, in the following order of preference:

1.

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

2.

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

3.

Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5.

Compensation for the impact by replacing, enhancing or providing substitute resources or environments; and

6.

Monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures.

"Mitigation, compensatory" or "compensatory mitigation" means replacing project-induced critical area losses or impacts, and includes, but is not limited to, restoration, creation or enhancement.

"Mitigation, creation" or "creation mitigation" means a type of mitigation performed to intentionally establish a critical area (e.g., wetlands) at a site where it does not currently exist.

"Mitigation, enhancement" or "enhancement mitigation" means a type of mitigation performed to improve the condition of existing critical areas (e.g., wetlands) so that the functions they provide are of a higher quality. Some options for improving the functions and values of wetlands are contained in TCC Section 17.15.940. It is recognized that such improvements (mitigation) are not feasible for fully functioning wetlands.

"Mitigation, restoration" or "restoration mitigation" means a type of mitigation performed to reestablish a critical area (e.g., wetland), or the functional characteristics and processes which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a critical area (e.g., wetland).

"Monitoring" means the collection and analysis of data by various methods for the purposes of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data, evaluating the impacts of development proposals on the biological, hydrologic and geologic elements of such systems and assessing the performance of required mitigation measures.

"MPCs" means reasonable methods of prevention and control. Examples of MPCs include, but are not limited to, pollution prevention plan development and impelemntation, routine maintenance, secondary containment, and measures to eliminate containment pathways to the source water.

"Nonconforming structure" means a building or a portion thereof, which was lawfully erected, altered or maintained prior to the adoption of this chapter, but because of the application of this chapter, does not conform to the provisions of this chapter.

"Nonconforming use" means an activity that was lawfully established prior to the adoption of this chapter, but because of the application of this chapter does not conform to the provisions of this chapter.

"Normal residential appurtenances" means those improvements or structures which are connected to the use and enjoyment of the single-family residence and are located landward of the ordinary high-water mark and includes a garage, deck, driveway and utilities.

"Noxious weed control" means those activities subject to review or action by the Thurston County noxious board under RCW Chapter 17.10, Noxious Weed Control Board Act.

"Oak habitat" means stands of Oregon white oak (Quercus garryana) or Oregon white oak/conifer associations where canopy coverage of the oak component of the stand is twenty-five percent or more; or where total canopy coverage of the stand is less than twenty-five percent, but oak accounts for at least fifty percent of the canopy coverage. The latter is often referred to as oak savanna. Oak habitat includes oak savannas and oak woodlands.

"Oak Savanna" means an Oak habitat with a community of widely spaced Oregon white oak trees (Quercus garryana) where total canopy coverage is less than twenty-five percent but where Oregon white oak accounts for at least fifty percent of the canopy coverage above a layer of native prairie grasses and forbs. The spacing of these trees is widely scattered so that there is no closed canopy and groups of trees. In degraded habitat, trees may be more widely spaced above a layer of non-native vegetation on developed property.

"Oak woodlands" means those stands of Oregon white oak (Quercus garryana) or Oregon white oak/conifer associations where the crown cover of the Oregon white oak component of the stand is greater than or equal to twenty-five percent. In degraded habitat, the Oregon white oak component of the stand may be less than twenty-five percent, or the canopy coverage may be less than fifty percent.

"Old growth forest" means a stand of trees generally containing, mature and overmature trees in the overstory, a multi-layered canopy and trees of several age classes, and standing dead trees and downed material.

"Open space" means lands which are in a natural or underdeveloped character because they have not been developed with structures, paving or other appurtenances. Open space lands can refer to parks; recreation areas; conservation easements; critical area buffers, and/or critical area tracts.

"Ordinary high water mark" means the mark on all lakes, streams and tidal waters which 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; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

"Pier" means a structure generally built from the shore extending out over the water to provide moorage for commercial or private recreation water craft or float planes or for water-oriented recreation use. When such a structure is serving ten or more boats it is considered a marina. It may be either anchored to and floating or permanently fixed to pilings.

"Pollution prevention plan" means a site-specific plan that addresses the avoidance of unplanned chemical release in the air, water, or land. It is based on deliberate waste management planning, site design, and operational practices.

"Pond" means a naturally existing or artificially created body of standing water less than twenty acres in size and not defined as "Shorelines of the State" by RCW Chapter 90.58 (Shoreline Management Act). Ponds can include reservoirs which exist on a year-round basis and occur in a depression of land or expanded part of a stream, but shall exclude stormwater or agricultural stock ponds within the Nisqually or long-term agricultural districts. A pond is bounded by the ordinary high water mark or the extension of the elevation of the pond's ordinary high water mark within the stream, where the stream enters the pond. Ponds and their submerged aquatic beds are a type of wetland.

"Prairie" or "Westside Prairie," means herbaceous, non-forested (forested means greater than or equal to sixty percent forest canopy cover) plant communities that can either take the form of a dry prairie where soils are well-drained or a wet prairie. In parts of the Puget Trough, prairies can sometimes be recognized by mounded topography commonly referred to as Mima Mounds. Mima Mounds are a unique geologic feature of prairie habitat in Thurston County.

"Prairie, dry" means prairies located in areas containing prairie vegetation. Although dry prairie can occur on other soils, typically it occurs on any one of the soils known to be associated with prairie (Table 13). Locations occurring on mapped prairie soils where the surface is impervious is not considered dry prairie. Certain vegetation characteristics typify dry prairie. These include the occurrence of diagnostic grasses, sedges, and forbs. Mosses, lichens, and bare ground may also be found in the spaces between grass and forbs cover.

The presence of certain diagnostic plants is required to establish an occurrence of dry prairie. In particular, three of the diagnostic grasses, sedges, or forbs (Table 14) are required to establish the presence of dry prairie.

Shrubs such as black hawthorn (Crataegus douglasii), kinnikinnick (Arctostaphylos uva-ursi), and oval-leaf viburnum (Viburnum ellipticum) can be found at low densities within dry prairies. Some Oregon white oak (Quercus garryana) can also be present in native prairie (see Oak Habitat).

Native and nonnative invasive plants typically dominate most remaining prairie. Common invasive species are Scot's broom (Cytisus scoparius), colonial bentgrass (Agrostis tenuis), common velvetgrass (Holcus lanatus), tall oat-grass (Arrhenatherum elatius), and Kentucky bluegrass (Poa pratensis). Other invasive grasses, forbs, and shrubs also may be present.

Marginal or fair condition areas may be dominated by non-native species with several native prairie species present (e.g. from the tables 14 and 15) or with a significant cover of native prairie species. Areas dominated by Scot's broom (non-native shrub) can be restorable to prairie if they have native prairie species in the understory. Such marginal and restorable areas may have significant value if they are large in area, located close to prairies, or in a landscape that connects two or more prairies.

"Prairie, wet" means prairies located in areas containing prairie plants. Although wet prairie can occur on other soils, typically it occurs on any one of the soils where the surface topology and the groundwater table approach each other, and where local aquifers are present. Locations occurring on mapped prairie soils where the surface is impervious is not considered wet prairie. Wet prairies in the Puget Trough generally are found on glacial outwash soils that typically are limited to swales or low-gradient riparian areas. Three diagnostic grasses, sedges, or forbs from a combination of the wet prairie diagnostic species list (Table 15) and the dry prairie diagnostic species list (Table 14) are required to establish the presence of wet prairie.

"Prior converted croplands" means wetlands that before December 23, 1985, were drained, dredged, filled, leveled, or otherwise manipulated including the removal of woody vegetation, for the purpose, or to have the effect, of making the production of an agricultural commodity possible and an agricultural commodity has been produced at least once before December 23, 1985. This determination is made by the Natural Resources Conservation Service.

"Priority habitat, local" or "local priority habitat" means a seasonal range or habitat element with which a 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 of high vulnerability to alteration, such as cliffs, talus and wetlands.

"Priority habitat, state" or "state priority habitat" means a seasonal range or habitat element, so identified by the Washington Department of Wildlife, 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 diversity or species richness, breeding habitat, winter range and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration.

"Priority species, local" or "local priority species" means those species that may not be endangered or threatened from a statewide perspective, but are of local concern due to their population status or their sensitivity to habitat manipulation and have been designated as such.

"Priority species, state" or "state priority species" means those species that are so identified by the Washington Department of Wildlife due to their population status and their sensitivity to habitat manipulation. Priority species include those which are state-listed endangered, threatened and sensitive species as well as other species of concern and game species.

"Public agency" means any agency, political subdivision or unit of local government of this state including but not limited to municipal corporations, special purpose districts, and local service districts; any agency of the state of Washington, the United States or any state thereof; or any Indian tribe recognized as such by the federal government.

"Public facilities" means the buildings or uses of land whether owned or leased, operated by a public agency for such purposes as providing places for public assembly and recreation, operating services of benefit to the public or for the administration of public affairs.

"Public project of significant importance" means a project funded by a public agency, department or jurisdiction which is found to be of compelling interest to the citizens of Thurston County. Thurston County board of commissions may only declare a project as such in a resolution after a public hearing.

"Public services" mean fire protection and suppression, law enforcement, public health, education, recreation, environmental protection and other governmental services.

"Public use" means any area, building or structure held, used or controlled exclusively for public purposes by any department or branch of any government, without reference to the ownership of the building or structure or of the land upon which it is situated.

"Public utility" means a business or service, either governmental or having appropriate approval from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need such as electricity, gas, water, transportation or communications.

"Ravine" means a narrow gorge containing steep slopes and deeper than fifteen vertical feet as measured from the centerline of the ravine to the top of the slope. Refer to Figure 13.

"Repair and maintenance" means those activities associated with the routine care and upkeep of a structure, development, land use or activity.

"Replacement" or "total replacement" of a structure involves the removal of more than fifty percent of the lineal footage of existing exterior ground floor walls.

"Restoration" means the return of a stream or wetland to a state in which its functions and values approach its unaltered state as closely as possible.

"Retaining wall" means a wall or structure constructed to hold or prevent the sliding of soil. Such a wall or structure located along the shoreline or the ordinary high water mark is referred to as a "bulkhead."

"Review authority" means the director of the Thurston County resource stewardship department, or his/her designee, for administrative permits and the hearings examiner for proposals requiring a public hearing.

"Salmonid" means a member of the fish family salmonidae. In Thurston County these include chinook, coho, chum, sockeye and pink salmon, rainbow, steelhead, cutthroat salmon, brown trout, bull trout, Brook and Dolly Varden char, kokanee and whitefish.

"Seismic hazard areas" means those areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or soil liquefaction, such as artificial fill areas, and areas underlain by glaciolacustrine deposits and/or glacial outwash.

"Site plan review" means a development review permit described in Chapter 20.37.

"Special management areas" means those geographic areas of Thurston County which contain a unique combination of physical features and require a special set of management techniques specifically designed for that area, or where the uniqueness of the area demands an even greater degree of environmental protection.

"Species, endangered" or "endangered species" means a species, native to the state of Washington, that is seriously threatened with extirpation throughout all or a significant portion of its range within the state. Endangered species are designated in WAC 232-12-011.

"Species, point location" means generally, but not limited to, an individual occurrence, breeding location, communal roost or haul out site for a state priority species.

"Species, threatened" or "threatened species" means a species, native to the state of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats. Threatened species are designated in WAC 232-12-011.

"Stair tower" means a structure twelve feet or taller in height, typically consisting of one or more flights of stairs, usually with landings to pass from one level to another.

"Stairway" means one or more flights of stairs, usually with landings to pass from one level to another.

"Steep slope" means an area which is equal to or in excess of fifty percent slope and where there is a break of more than fifteen feet, or where the ground surface rises twelve and one-half feet or more vertically within a horizontal distance of twenty-five feet. This can also include a slope of thirty—forty-nine and nine-tenths percent which is defined as a "landslide hazard area" (refer to Figures 3 and 4).

"Stormwater, private retention/detention facility" means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the surface and stormwater management system.

"Stormwater, regional retention/detention facility" means a surface water control structure constructed by Thurston County to correct the existing excess surface water runoff problems of a basin or subbasin. The area downstream of the facility must have been identified by the director of the water and waste management department previously as having significant, regional basin flooding and/or water quality problems. The facility must be listed as a Thurston County capital improvement project.

"Stormwater, temporary sediment control pond" means a pond used to improve water quality by allowing sediments to settle out of stormwater prior to discharge to a stream, wetland or other conveyance.

"Stream segment" means that portion of a stream which lies between road crossings of a public right-of-way.

"Streams" means those areas of Thurston County where surface waters flow sufficiently to produce a defined channel or bed. A "defined channel or bed" is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other entirely artificial watercourses unless they are used by salmon or used to convey streams naturally occurring prior to construction.

"Submerged lands" means those areas below the ordinary high-water mark of marine waters or rivers and which are defined as a "shoreline of the state" by RCW Chapter 90.58 (Shoreline Management Act).

"Substantial development permit" or "shoreline substantial development permit" means a permit issued subject to the provisions of the Shoreline Master Program for the Thurston Region (1990) as amended and Chapter 19.04.

"Toe of marine bluff" means the ordinary high water mark except where there has been a landslide of upland martials which now rests on the beach. In this case, the toe shall be the point on the undisturbed slope which would be defined as the ordinary high water mark if not for the landslide.

"Toe of steep slope" means a distinct topographic break in slope which separates slopes inclined less than fifty percent from slopes equal to or greater than fifty percent and where there is a break of more than fifteen feet. Where no distinct break exists, this point shall be the lower most limit of the area where the ground surface drops twelve and one-half feet or more vertically within a horizontal distance of twenty-five feet. This can also include a slope of from thirty—forty-nine and nine-tenths percent which is defined as a "landslide hazard area" (refer to Figures 3 and 4).

"Top of marine bluff" means a marine bluff with a distinct topographic break in slope which is not the result of a landslide and where the break is more than fifteen feet wide. Where no distinct break in slope exists, this point shall then be the uppermost limit of the area where the ground surface increases twelve and one-half feet or more vertically within a horizontal distance of twenty-five feet, or a fifty percent slope.

"Top of steep slope" means a distinct topographic break in slope which separates slopes inclined less than fifty percent from slopes equal to or greater than fifty percent and where there is a break of more than fifteen feet. Where no distinct break exists, this point shall be the lower most limit of the area where the ground surface rises twelve and one-half feet or more vertically within a horizontal distance of twenty-five feet. This can also include a slope of from thirty—forty-nine and nine-tenths percent, which is defined as a "landslide hazard area" (refer to Figures 3 and 4).

"Use area" means the portion of property physically occupied or used by the land use activity.

"Utility, existing and ongoing, and installation in improved roads and utility corridors" means water, electric and natural gas distribution, sewer collection, cable communications, telephone utility, and related activities undertaken as follows:

1.

Normal and routine repair or maintenance of existing utility structures or rights-of-way:

2.

Relocation of electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of fifty-five thousand volts or less, only when required by a local governmental agency which approves the new location of the facilities;

3.

Replacement, operation, repair, modification or installation or construction in existing, developed utility corridors, an improved county road right-of-way or county authorized private roadway of all electric facilities, lines, equipment or appurtenances, not including substations;

4.

Relocation of sewer local collection, water local distribution, natural gas, cable communication or telephone facilities, lines, pipes, mains, equipment or appurtenances, only when required by a local governmental agency which approves the new location of the facilities; or

5.

Replacement, operation, repair, modification, installation or construction of sewer local collection, water local distribution, natural gas, cable communication or telephone facilities, lines, pipes, mains, equipment or appurtenances when such facilities are located within an improved public right-of-way or county authorized private roadway.

"Vegetation, hydrophytic" or "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 Corps of Engineers Wetlands Delineation Manual (1987) with "Washington Regional Guidance on the 1987 Wetland Delineation Manual" (1994).

"Vegetation management-aquatic weeds" means the removal or control of submerged or floating-leaved plants in lakes, ponds or rivers which are regulated by any state agency, including but not limited to: aquatic herbicide applications regulated under RCW Chapter 90.48 (WAC 173-201, Short-Term Modifications to Water Quality Standards); mechanical or physical control measures such as mechanical harvesting or bottom barriers regulated under the Hydraulic Code (RCW 75.200.100 and 75.200.03); grass carp planting regulated under WAC 232-12; and dredging or other; mechanical means of removing aquatic plants regulated under RCW Chapter 90.58 (Shoreline Master Act), the Shoreline Master Program for the Thurston Region (1990) as amended and other regulations.

"Vegetation, native" or "native vegetative" means vegetation existing on a site or plant species which are indigenous to the area in question; or if the site has been cleared, species of a size and type that were on the site on the effective date of this chapter or reasonably could have been expected to have been found on the site at that time.

"Volcanic hazard areas" means those areas within the five hundred-year floodplain of the Nisqually River upstream of Alder Dam subject to pyroclastic flows, lava flows and inundation by debris flows, mud flows or related flooding resulting from geologic or volcanic events of Mount Rainier.

Wellhead Protection Area, Designated. "Designated wellhead protection area" means the surface and subsurface area surrounding a water well or well field, supplying a public water supply system with over one thousand connections, through which contaminants are reasonably likely to move toward and reach such well or well field within one, five and ten years. A designated wellhead protection area is an area for which the water purveyor has adopted a wellhead protection plan and the plan has been approved by the Washington State Department of Health.

"Wetland edge" or "wetland boundary" means the line delineating the outer edge of a wetland established by using the Corps of Engineers Wetlands Delineation Manual (1987) with "Washington Regional Guidance On the 1987 Wetland Delineation Manual" (1994). Refer to Figure 15 and Appendix E.

"Wetland habitat types" means descriptive classes of the wetlands taxonomic classification system described in Classification of Wetlands and Deep Water Habitat of the United States (Cowardin, 1979, as amended). Refer to Appendix F located at the end of this chapter.

"Wetland, unrated" or "unrated wetland" means a wetland which has not been rated by Thurston County as a Class I, II or III wetland using the Washington State Wetland Rating System for Western Washington (1993) as amended. Refer to Appendix G located at the end of this chapter.

"Wetlands" means areas that are inundated or saturated by ground or surface 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 created to mitigate conversion of wetlands.

"Wetlands" regulated under this chapter do not include:

1.

Less than two thousand five hundred square feet of such areas which lie adjacent to a stream or within its one-hundred-year floodplain, or eleven thousand square feet within any adopted urban growth boundary, or twenty-two thousand square feet elsewhere within rural Thurston County; and

2.

Areas with some wetland characteristics which were intentionally created from nonwetland sites.

"Wetlands, isolated" or "isolated wetlands" means those Class III wetlands which are less than two acres in size and:

1.

Are outside of and not contiguous to any one-hundred-year floodplain of a lake, river or stream; and

2.

Have no contiguous hydric soils between the wetland and any surface waters.

"Wildlife blind" means a structure no larger than fifty square feet used for the observation or shooting of wildlife.

(Ord. 12463 §§ 2, 3, 2001; Ord. 12155 § 2, 2000; Ord. 12032 §§ 1, 2, 1999; Ord. 11590 § 1, 1997; Ord. 11398 § 8 (part), 1997; Ord. 11200 § 2, 1996; Ord. 10528 § 1 (part), 1994)

(Ord. No. 14380, § 2, 7-20-2010; Ord. No. 14706 , § 2, 1-24-2012; Ord. No. 14773, § 4(Att. C), 7-24-2012)