(1) “Adjacent lands” means lands adjacent to the shorelines of the State (outside of shoreline jurisdiction). The SMA directs local governments to develop land use controls (i.e., zoning, comprehensive planning) for such lands consistent with the policies of the SMA, related rules and the local shoreline master program (see RCW 90.58.340).

(2) “Administrator” means the City Community Development Director or his/her designee, charged with the responsibility of administering the shoreline master program.

(3) “Agriculture” or “agricultural activity” 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 facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.

(4) “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.

(5) “Appurtenance” means a structure or development which is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and also of the perimeter of any wetland. (On a Statewide basis, normal appurtenances include a garage, deck, driveway, utilities, fences, installation of a septic tank and drain field, and grading which does not exceed 250 cubic yards (except to construct a conventional drain field) and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark) (see WAC 173-27-040(2)(g)).

(6) “Aquaculture” means the culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the State managed wildstock geoduck fishery.

(7) “Associated wetlands” means those wetlands that are in proximity to and either influence, or are influenced by, tidal waters or a lake or stream subject to the Shoreline Management Act. Refer to WAC 173-27-030(1).

(8) “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; provided, that, in case of structures to be built over water, average grade level shall be the elevation of ordinary high water. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure (WAC 173-27-030(3)).

(9) “Beach enhancement/restoration” means the process of restoring a beach to a state more closely resembling a natural beach, using beach feeding, vegetation, drift sills and other nonintrusive means as applicable.

(10) “Boat launch or ramp” means graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device.

(11) “Boat lift” means a mechanical device that can hoist vessels out of the water for storage. These devices are usually located along a pier.

(12) “Boat rail or railway” means a set of steel rails running from the upland area into the water upon which a cart or dolly can carry a boat to be launched.

(13) “Boathouse” means a structure designed for storage of vessels located over water or upland. Boathouses should not be confused with “houseboats.”

(14) “Boating facility” means a moorage structure serving more than four single-family residences.

(15) “Bulkhead” means a vertical or nearly vertical erosion protection structure placed parallel to the shoreline consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.

(16) “Clearing” means the destruction or removal of vegetation, groundcover, shrubs and trees including root material and topsoil removal.

(17) “Community structure” or “community dock facility” means a building, dock, or other structure which is intended for the common use of the residents of a particular subdivision or community. It is not intended to serve as a public facility.

(18) “Conditional use” means a use, development, or substantial development that is classified as a conditional use or is not classified within the applicable master program. Refer to WAC 173-27-030(4).

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

(20) “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 of the State subject to Chapter 90.58 RCW at any state of water level (RCW 90.58.030(3)(d)). Development does not include dismantling or removing structures if there is no other associated development or redevelopment.

(21) “Dock” means a structure commonly referred to as a floating moorage structure. See also “floating dock” and “float.”

(22) “Dredge spoil” means the material removed by dredging. Same as “dredge material.”

(23) “Dredging” means excavation or displacement of the bottom or shoreline of a water body. Dredging can be accomplished with mechanical or hydraulic machines. Most dredging is done to maintain channel depths or berths for navigational purposes; other dredging is for shellfish harvesting or for cleanup of polluted sediments.

(24) “Ecological functions” means the work performed or the 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.

(25) “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.

(26) “Ell” means the terminal section of a pier which typically extends perpendicular to the pier walkway. These sections can be either on fixed-piles or floating docks and are typically wider than the pier walkway.

(27) “Emergency” means an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with the master program. Emergency construction is construed narrowly as that which is necessary to protect property from the elements (RCW 90.58.030(3)(e)(iii) and WAC 173-27-040(2)(d)).

(28) “Enhancement” means alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions.

(29) “Exemption” means certain specific developments are exempt from the definition of substantial developments and are therefore exempt from the substantial development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still be carried out in compliance with policies and standards of the Act and the local master program. Conditional use and/or variance permits may also still be required even though the activity does not need a substantial development permit (RCW 90.58.030(3)(e); WAC 173-27-030(7) and 173-27-040). For a complete list of exemptions, see CMC 16.05.050. See “Letter of exemption.”

(30) “Fair market value” means the expected price at which the development can be sold to a willing buyer. For developments which involve nonstructural operations such as dredging, drilling, dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform the operation or, where no such value can be calculated, the total of labor, equipment use, transportation and other costs incurred for the duration of the permitted project (WAC 173-27-030(8)).

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

(32) “Finger pier” means a narrow extension to a fixed-pile pier, usually extending perpendicular to the pier walkway along with an ell to form an enclosed area for boat moorage.

(33) “Float” means a floating structure that is moored, anchored, or otherwise secured in the water offshore and that is generally located at the terminal end of a fixed-pile pier.

(34) “Floating dock” means a fixed structure floating upon a water body for the majority of its length and connected to shore.

(35) “Floating home” means a single-family dwelling unit constructed on a float, that is moored, anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being towed.

(36) “Floodway” means the area that has been 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 flood waters by flood control devices maintained by or maintained under license from the Federal government, the State, or a political subdivision of the State.

(37) “Forest practices” means activities not covered by the Forest Practices Act, especially Class IV – General forest practices involving conversion to non-forest use.

(38) “Groin” means a barrier-type structure extending from, and usually perpendicular to, the backshore into a water body. Its purpose is to protect a shoreline and adjacent upland by influencing the movement of water and/or deposition of materials. This is accomplished by building or preserving an accretion beach on its updrift side by trapping littoral drift. A groin is relatively narrow in width but varies greatly in length. A groin is sometimes built in a series as a system and may be permeable or impermeable, high or low, and fixed or adjustable.

(39) “Height” means the distance measured from the 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 it obstructs the view of a substantial number of residences on areas adjoining such shorelines; provided further, that temporary construction equipment is excluded in this calculation (WAC 173-27-030(9)).

(40) “In-kind replacement” means to replace wetlands, habitat, biota or other organisms with substitute flora or fauna whose characteristics closely match those destroyed, displaced or degraded by an activity.

(41) “Landfill” means the creation of, or addition to, a dry upland area (landward of the OHWM) or the creation of, or addition to, an in-water area (waterward of the OHWM) by depositing material into waters or onto shoreline, upland dry areas, or wetland areas.

(42) Launching Rail. See “Boat railway.”

(43) Launching Ramp. See “Boat launch or ramp.”

(44) “Letter of exemption” means a letter issued by the City to indicate that a proposed development is exempted from the requirement to obtain a shoreline permit as provided in WAC 173-27-050. Letters of exemption may include conditions or other provisions placed on the proposal in order to ensure consistency with the Shoreline Management Act and this master program. The letter must indicate the specific exemption provision from WAC 173-27-040(2) that is being applied to the development and provide a summary of the City’s analysis of the consistency of the project with the master program and the SMA.

(45) “Liberal construction” means a legal concept instructing parties interpreting a statute to give an expansive meaning to terms and provisions within the statute. The goal of liberal construction is to give full effect in implementing a statute’s requirements. See RCW 90.58.900.

(46) “Littoral drift” means the movement of mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone by waves and currents.

(47) “Mitigation” or “mitigation sequencing” means the process of avoiding, reducing, or compensating for the environmental impact(s) of a proposal. See WAC 173-26-020(30) and 197-11-768. “Mitigation” or “mitigation sequencing” means the following sequence of steps listed in order of priority, with subsection (47)(a) of this section being top priority:

(48) “Moorage” means any device or structure (such as a pier or buoy) used to secure a vessel for temporary anchorage.

(49) “Moorage piles” means structural members that are driven into the lake bed to serve as a stationary moorage point. They are typically used for moorage of small boats in the absence of, or instead of, a dock or pier. In some cases, moorage piles may be associated with a dock or pier.

(50) “Mooring buoy” means a floating object anchored to the bottom of a water body that provides tie-up capabilities for vessels.

(51) “Native plants” or “native vegetation” means plants that occur naturally, and that distribute and reproduce without aid. Native plants in western Washington are those that existed prior to intensive settlement that began in the 1850s.

(52) “Nonconforming use” means an existing shoreline use that was lawfully established prior to the effective date of the Act or the applicable master program, but which does not conform to present use regulations due to subsequent changes to the master program.

(53) “Nonconforming development” or “nonconforming structure” means an existing structure that was lawfully constructed at the time it was built but is no longer fully consistent with present regulations such as setbacks, buffers or yards; area; bulk; height or density standards due to subsequent changes to the master program.

(54) “Nonconforming lot” means a lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth or area due to subsequent changes to the master program.

(55) “Normal maintenance” means those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition (WAC 173-27-040(2)(b)). See also “Normal repair.”

(56) “Normal protective bulkhead” means a bulkhead, common to single-family residences, constructed at or near the ordinary high water mark to protect an existing single-family residence, and which sole purpose is for protecting land from erosion, not for the purpose of creating new land (WAC 173-27-040(2)(c)).

(57) “Normal repair” means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or environment (WAC 173-27-040(2)(b)). See also “Normal maintenance.”

(58) “Ordinary high water mark” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department; 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. See RCW 90.58.030(2)(b) and WAC 173-22-030(11).

(59) “Overwater structure” means any device or structure projecting above and waterward of the ordinary high water mark, including but not limited to piers, docks, floats, and moorage.

(60) “Permit” or “shoreline permit” means any substantial development permit, variance, or conditional use permit, or revision, or any combination thereof, authorized by the Act. Refer to WAC 173-27-030(13).

(61) “Pier” means a fixed-pile overwater structure.

(62) “Public access” means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the State, and to view the water and the shoreline from adjacent locations. Refer to WAC 173-26-221(4).

(63) “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 such as an effect on public property or on health, safety, or general welfare resulting from a use or development (WAC 173-27-030(14)).

(64) “Public use” means to be made available daily to the general public on a first-come, first-served basis, and may not be leased to private parties on any more than a day use basis. Refer to WAC 332-30-106.

(65) “Qualified professional” or “professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise and/or certification appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and, unless otherwise specified in this master program, must have at least two years of related work experience.

(66) “Recreational facilities” means facilities such as parks, trails, and pathways that provide a means for relaxation, play, or amusement. For the purposes of this master program, recreational facilities do not include private residences and are divided into two categories:

(67) “Recreational float” means a floating structure that is moored, anchored, or otherwise secured in the water offshore and that is generally used for recreational purposes such as swimming and diving.

(68) “Restoration” means the act of revitalizing or restoring characteristics and processes of a shoreline, ecosystem, or habitat diminished or lost by past alterations, activities, or catastrophic events.

(69) “Retrieval lines” means a system by which a float or other floating object is retrieved to a pier, dock, or shoreland.

(70) “Rotovating” means an aquatic vegetation harvesting technique that uses rototilling technology to uproot and remove plants.

(71) “Setback” means the minimum required distance between a structure and a specified line, such as a lot, easement or buffer line or the ordinary high water mark, that is required to remain free of structures.

(72) “Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetland and river deltas associated with the streams and lakes which are subject to the provisions of the Shoreline Management Act. Shorelands in the City of Covington include areas within 200 feet of the ordinary high water mark of shoreline jurisdiction waters and associated wetlands within shoreline jurisdiction. Optional buffers for critical areas are not included in shoreline jurisdiction. Only portions of the floodplain are included in shoreline jurisdiction, including the mapped floodway of Big Soos Creek and contiguous floodplain areas landward 200 feet are also encompassed within the shoreland area. Some additional floodplain areas are included in the Jenkins Creek shoreline management area beyond the statutory minimum because they are located in wetland areas, which are included under mandatory provisions. Waters identified within the City’s shoreline jurisdiction include portions of Big Soos Creek, portions of Jenkins Creek, and the portion of Pipe Lake located within the City limits.

(73) “Shoreline buffer” means the area adjacent to a shoreline that separates and protects the water body from adverse impacts associated with adjacent land uses. It is designed and designated to remain vegetated in an undisturbed and natural condition to protect a water body from upland impacts. Shoreline buffers provide a transition between aquatic and allowed uses in upland areas. Uses within a shoreline buffer are typically limited to those that are water-dependent uses, provide ecological restoration, or provide public access. Shoreline buffers may be modified and reduced to accommodate allowed uses when consistent with the SMA and this master program, and when conducted so that no net loss of shoreline ecological functions occurs.

(74) “Shoreline environment designations” means the categories of shorelines established by local shoreline master programs in order to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas.

(75) “Shoreline jurisdiction” means all of the geographic areas covered by the SMA, related rules and the applicable master program, and such areas within a specified local government’s authority under the SMA. Shorelands in the City of Covington include areas within 200 feet of the ordinary high water mark (OHWM) of shoreline jurisdiction waters, floodways, associated floodplain areas landward 200 feet from such floodways and associated wetlands. Waters identified within jurisdiction include portions of Big Soos Creek, portions of Jenkins Creek, and the portion of Pipe Lake located within the City limits. The mapped floodway of Big Soos Creek, contiguous floodplain areas landward 200 feet from such floodways, and associated wetlands are specifically encompassed within the shoreland area. Jenkins Creek does not have a mapped floodway, but floodplain areas within 200 feet of the OHWM and associated wetlands are included in shoreline jurisdiction. Within both Jenkins Creek and Big Soos Creek, additional floodplain areas beyond the statutory minimum are included because they are located in wetland areas. However, the entire floodplain is not included and wetland buffers are not included. See also “Shorelands,” “Shorelines,” “Shorelines of the State,” “Shorelines of statewide significance,” and “Associated wetlands.”

(76) “Shoreline Management Act” or “Act” means Chapter 90.58 RCW, or as amended.

(77) “Shoreline stabilization” means actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action. These actions include structural and nonstructural methods. For the purposes of this SMP, new stabilization measures include enlargement of existing stabilization measures.

(78) “Shorelines” means all of the water areas of the State, including reservoirs, and their associated shorelands, together with the lands underlying them; except (a) shorelines of statewide significance; and (b) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.

(79) “Shorelines Hearings Board” means a State-level quasi-judicial body, created by the SMA, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by local government on Washington State Department of Ecology approval of master programs, rules, regulations, guidelines or designations under the SMA. See RCW 90.58.170; 90.58.180.

(80) “Shorelines of statewide significance” means a select category of shorelines of the State, defined in RCW 90.58.030(2)(e), where special preservationist policies apply and where greater planning authority is granted by the SMA. Permit review must acknowledge the use priorities for these areas established by the SMA. See RCW 90.58.020. Covington does not have any shorelines of statewide significance.

(81) “Shorelines of the State” means “shoreline jurisdiction,” or the total of all “shorelines” and “shorelines of statewide significance” within the State.

(82) “Single-family residence” means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance (WAC 173-27-040(2)(g)).

(83) “Stream” means a naturally occurring body of periodic or continuously flowing water where: (a) the mean annual flow is greater than 20 cubic feet per second and (b) the water is contained within a channel (WAC 173-22-030(8)).

(84) “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 (WAC 173-27-030(15)).

(85) “Substantial development” means any development of which the total cost or fair market value exceeds that established by State law in RCW 90.58.030(3)(e), or any development which materially interferes with the normal public use of the water or shorelines of the State. The dollar threshold established in RCW 90.58.030(3)(e) must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, 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 Office of Financial Management must calculate the new dollar threshold and transmit it to the Office of the Code Reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. A list of activities and developments that shall not be considered substantial development is provided in RCW 90.58.030(3)(e); the City shall issue a letter of exemption for those developments that meet the precise terms of one or more of the listed exemptions.

(86) “Upland” means the dry land area above and landward of the ordinary high water mark.

(87) “Variance” or “shoreline variance” means an approval mechanism to grant relief from the specific bulk, dimensional or performance standards specified in the applicable master program. Variance permits must be specifically approved, approved with conditions, or denied by the Washington State Department of Ecology (see WAC 173-27-170).

(88) “Water-dependent use” means a use or a portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls.

(89) “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.

(90) “Water-oriented use” means any combination of water-dependent, water-related, and/or water enjoyment uses, and along with single-family residences, serves as an all-encompassing definition for priority uses under the SMA. Non-water-oriented serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multifamily residential development, department stores and gas stations.

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

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

(93) “Weir” means a low dam built across a stream to raise its level, divert its flow and/or measure its flow. Weirs have been used to address erosion and scouring of stream channels, but can also have negative impacts depending on how they are constructed, e.g., detrimental impacts on fish habitat conditions. (Ord. 09-19 § 6 (Exh. C))