Spokane Municipal Code

Title 17A Administration

Chapter 17A.020 Definitions

1. Washington State Wetland Identification and Delineation Manual.

Department of ecology Publication #96-94 as current or hereafter amended. WAC 173-22-080 Wetland Delineation Manual states the manual is to be used by local governments in implementing local regulations under the Growth Management Act (chapter 36.70A RCW).

2. Water Body.

Those water bodies that are defined as surface waters of the state or waters defined as waters of the state under RCW 90.48.020.

3. Water Dependent.

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 of water-dependent uses may include, but should not be limited to, boat ramps for rescue watercraft, seaplane dock, hydroelectric generating plants, and sewage treatment outfalls.

4. Water-dependent Structure.

A structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

5. Water-enjoyment Use.

1. 1. A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or

1. 2. 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.

1. 3. 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.

1. 4. Examples of water-enjoyment uses may include, but are not limited to:

1. 1. 1. river and stream swimming beaches,

1. 1. 2. fishing areas,

1. 1. 3. boat ramp for recreation,

1. 1. 4. parks,

1. 1. 5. piers,

1. 1. 6. view towers,

1. 1. 7. restaurants,

1. 1. 8. museums,

1. 1. 1. aquariums,

1. 1. 10. scientific/ecological reserves,

1. 1. 11. resorts and convention centers,

1. 1. 12. public markets,

1. 1. 13. interpretive centers, and

1. 1. 14. other improvements

facilitating public access to shorelines of the state, provided that such uses conform to the above water-enjoyment specifications and the provisions of the shoreline master program.

6. Water Quality.

1. 1. Means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics.

1. 2. Where used in this chapter, the term “water quantity” refers only to development and uses regulated under this regulation and affecting water quantity, such as impermeable surfaces and stormwater handling practices.

7. Water Quality Standards.

1. 1. Surface Water Quality Standards, Chapter 173-201A WAC.

1. 2. Ground Water Quality Standards, Chapter 173-200 WAC; and

1. 3. Sediment Management Standards, Chapter 173-204 WAC.

8. Water-related Use.

1. 1. 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 the use:

1. 1. 1. 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

1. 1. 2. 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.

1. 2. Examples of water-related uses may include, but should not be limited to, warehousing, storage, or processing, where the goods are delivered to or shipped from the site by water.

1. Waters of the State.

A five-tier classification system of water bodies set up by the state in the Forest Practices Rules and Regulations (WAC 222).

10. Watershed Restoration Plan.

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 43.21 RCW, the State Environmental Policy Act.

11. Watershed Restoration Project.

A public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:

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

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

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

12. Weir.

A structure in a stream or river for measuring or regulating stream flow.

13. Wetland Banking.

Involves the off-site created, restoration and/or enhancement of wetlands to compensate for unavoidable wetlands impacts associated with development. The newly created or restored site functions as a 'bank' which can issue credits to compensate for future wetland impacts.

14. Wetland Buffer or Wetland Buffer Area.

An area that surrounds and protects a wetland from adverse impacts to the functions and values of a wetland. The buffer width shall be determined according to the rating assigned to the wetland in accordance with SMC 17E.070.100. Buffer width is measured outward from the wetland boundary.

15. Wetland Buffer – Wetland Buffer Zone.

An area that surrounds and protects a wetland from adverse impacts to the functions and values of a wetland. Buffer width is measured outward from the wetland boundary.

16. Wetland Functions.

The physical, biological, chemical and geologic interactions among different components of the environment that occur within a wetland. Wetlands perform many valuable functions and these can be grouped into three categories:

1. 1. Functions that improve water quality.

1. 2. Functions that change the water regime in a watershed such as flood storage; and

1. 3. Functions that provide habitat for plants and animals.

17. Wetland Types.

The wetland classes or subclasses of the wetlands taxonomic classification system described in the U.S. Fish and Wildlife Services Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin et al., 1979).

18. Wetland Values.

The wetland processes, characteristics, or attributes that are considered to benefit society.

19. Wetlands.

1. 1. Consistent with RCW 36.70A.030(21), “wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

1. 2. Wetlands generally include swamps, marshes, bogs and similar areas.

1. 3. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway.

1. 4. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

20. Wetlands Exempt from Regulation.

Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway.

21. Wetlands of Local Significance.

Wetlands evaluated for a higher category utilizing the Washington State Wetlands Rating System for Eastern Washington (2007), or as amended.

5. Wetlands Permits.

Any permit, modification, revision or variance issued, conditioned or denied pursuant to this code.

23. Wireless Communication Facility.

Any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.

Date Passed: Monday, June 21, 2010

Effective Date: Monday, July 26, 2010

ORD C34604 Section 18