Spokane County  adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. 

The ordinance codified in this chapter containsSpokane County's  SEPA procedures and policies. 

The intent of the ordinance codified in this chapter is to establish uniform environmental review requirements between the city of Spokane, Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority while allowing each jurisdiction to maintain flexible review procedures as specified in the ordinance.

The SEPA rules, WAC Chapter 197-11, must be used in conjunction with the ordinance codified in this chapter.

This article contains the basic requirements that apply to the SEPA process.Spokane County  adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference: 

Threshold determinations.

This article contains the rules for deciding whether a proposal has a "probable significant adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS.Spokane County  adopts the following sections by reference, as supplemented in this article. 

In addition to those exemptions identified in part nine (Categorical Exemptions) of the ordinance codified in this chapter,Spokane County  establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c), based on local conditions. 

For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, provided the requirements of WAC 197-11-070 are met. See Appendix B for an informational matrix of exempt and nonexempt activities.

This article contains the rules for preparing environmental impact statements.Spokane County  adopts the following sections by reference, as supplemented by this article. 

This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings.Spokane County  adopts the following sections by reference, as supplemented in this article. 

This article contains rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for an agency's own environmental compliance.Spokane County  adopts the following sections by reference. 

This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts.Spokane County  adopts the following sections by reference. 

This article contains uniform usage and definitions of terms under SEPA.Spokane County  adopts the following sections by reference, as supplemented by Section 11.10.177. 

In addition to those definitions contained within WAC 197-11-700 through WAC 197-11-799, when used in the ordinance codified in this chapter the following terms shall have the following meanings unless the context indicates otherwise:

Spokane County  adopts by reference the following rules for categorical exemptions, as supplemented in the ordinance codified in this chapter, to include Sections 11.10.070, 11.10.080, and 11.10.190. See Appendix B for an example list of exempt and nonexempt activities. 

The responsible official shall certify on a case-by-case basis those actions which meet the conditions prescribed in WAC 197-11-880 and are declared emergencies.

This article contains rules forSpokane County  compliance with SEPA, including rules for charging fees under the SEPA process, designating critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities.  Spokane County  adopts the following sections by reference: 

The maps, rules, and regulations set forth in theSpokane County  critical areas ordinance, as amended, designate the location of environmentally sensitive areas within  Spokane County  . Proposals that will be located within critical areas are to be treated no differently than other proposals under the ordinance codified in this chapter. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in a critical area. 

The ordinance codified in this chapter may be amended by initiative of the city of Spokane, Spokane County, Spokane regional health district, and/or Spokane County air pollution control authority when it is necessary to reflect changes in local conditions or when RCW Chapter 43.21C or WAC Chapter 197-11 is amended. When anagency  seeks to amend the ordinance codified in this chapter, it shall submit such proposal to the other participating jurisdictions. Each jurisdiction will appoint a representative to an interlocal amendment committee, which will develop mutually agreeable amendment language. The interlocal amendment committee will recommend the amendment to each of the other jurisdictions for adoption. The interlocal amendment committee will remain active until the amendment is adopted by each of the city of Spokane, Spokane County, Spokane regional health district and Spokane County air pollution control authority or until it is determined to discontinue pursuing the amendment, at which time it shall be disbanded. 

Spokane County  shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with RCW Chapter 42.17. The various SEPA documents shall be retained as they may be associated with the particular file cases either generally by  Spokane County  or handled as licenses or permits for  Spokane County  in accordance with the pertinent statute of limitations regarding such files. Any of the city of Spokane, Spokane County, Spokane regional health district, or Spokane County air pollution control authority may establish a reference file of pertinent SEPA documents to be filed in a single place and made available to the public. 

If any provision of the ordinance codified in this chapter or its application to any person or circumstance is held invalid, the remainder of the ordinance codified in this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

Spokane County  adopts the following forms for use in carrying out the local SEPA procedures. These forms may be amended administratively provided there is concurrency between the city of Spokane, Spokane County, Spokane regional health district and Spokane County air pollution control authority. 

See Appendix C for samples of MDNS, Supplements, and Addendums forms not adopted by the ordinance codified in this chapter that serve for example purposes only.

In 1985, the voters of Spokane County approved the formation of the aquifer protection area of Spokane County, and authorized the imposition of monthly fees on property owners in order to finance the activities of the aquifer protection area. Pursuant to Spokane County Resolution No. 86-0614 and as amended by Spokane County Resolution Nos. 96-1212, 98-0554 and 01-1187, the board of county commissioners approved certain billing policies in connection with the collection of these fees. Under these policies, the billing and collection of these fees has been carried out by the Spokane County division of utilities. Under Spokane County Resolution No. 96-317, the board of county commissioners has directed that the responsibility for billing and collecting aquifer protection area fees designated in Spokane County be transferred from the division of utilities to the Spokane County treasurer, commencing in calendar year 1997, including the authority of the county treasurer under RCW Section 84-56.035 to bill such fees along with the notice of property taxes due the county. It is the purpose of this chapter to formally adopt the policies and procedures through which the county treasurer carries out these functions.

All liens created for delinquent aquifer fees pursuant to RCW Section 36.36.045 shall be collected by county treasurer in accordance with the procedures set forth in RCW Section 36.94.150.

If any section, sentence, clause or phrase of this chapter should be held invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter.

As used in this chapter, the following terms, unless the context otherwise dictates, shall have the following meanings:

"Household unit" means a building or portion thereof designed exclusively for residential purposes on a permanent basis as distinguished from a transient basis and which therefore does not include hotels, motels, dormitories or convalescent homes or accessory buildings or structures. It will consist of one or more rooms designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of one family maintaining a household.

"Nonhousehold units" mean any building not designed exclusively for residential purposes as a "household unit(s)." (Res. 05-1046 § 1, 2005)

There is created, as authorized by the voters of Spokane County at the general election held on November 2, 2004, an aquifer protection area to be known as the "Spokane-Rathdrum Aquifer Protection Area," hereinafter referred to as the "APA." The boundaries of the APA are set forth in Attachment "1," attached to the resolution codified in this chapter and incorporated in this chapter by reference. Such attachment includes a map depicting the boundaries as well as a listing of all the presently existing voting precincts within the boundaries. All of the boundaries of the APA, as of the effective date of this chapter, will continue to pay those fees set forth in Section 11.17.030 of this chapter regardless of whether they are subsequently annexed into a city or town that is not within the APA.

There is imposed a fee for the withdrawal of water from properties within the APA at one dollar and twenty-five cents per household unit per month for twenty years and a fee for on-site sewage disposal by properties within the APA of one dollar and twenty-five cents per household unit per month for twenty years.

Each household unit, regardless of the water meter size serving the unit or whether or not there is a water meter serving the unit, shall be charged a fee of one dollar and twenty-five cents per month for twenty years for the withdrawal of water and a fee for on-site sewage disposal for one dollar and twenty-five cents per household unit per month for twenty years. No household unit shall be charged that on-site sewage disposal fee set forth in this section whose effluent is treated by a regional sewage treatment facility, Spokane County sewage system, the city of Spokane sewage system, Liberty Lake Sewer District sewage system or city of Millwood sewage system.

Each nonhousehold unit shall be charged a fee per month for twenty years for the withdrawal of water and the same fee per month for twenty years for on-site sewage disposal based upon the water meter size serving the property. The following water meter sizes and fees are adopted:

Any nonhousehold unit not having a water meter shall be charged that fee, as determined by the Spokane County utilities director commensurate with water usage.

No nonhousehold unit shall be charged the on-site sewage disposal fee in this section if such nonhousehold unit is connected to the Spokane County sewage system whose effluent is treated by a regional sewage treatment facility, the city of Spokane sewage system, Liberty Lake Sewer District sewage system or the city of Millwood sewage system.

The moneys generated from the APA fees imposed pursuant to Section 11.17.030 of this chapter, shall be used for the following purposes:

Provided, further, moneys generated from the APA fees imposed pursuant to Section 11.17.030 of this chapter may also be used for those items set forth in Spokane County Resolution Nos. 87-0690 and 87-0989.

The chairman of the board of county commissioners of Spokane County, or a majority of the board, is authorized at other than an open meeting to enter into separate interlocal agreements with cities and towns which are included within the boundaries of the APA. The agreement shall include, among other matters, the proportionate share if any of any APA fees which the city or town shall receive on an annual basis. All fees received by cities or towns can only be spent for those purposes authorized under this section.

All liens created for delinquent APA fees pursuant to RCW Section 36.36.045 shall be collected by the county treasurer in accordance with the procedures set forth in RCW Section 36.94.150.

The chairman of the board of county commissioners of Spokane County, or a majority of the board, is authorized to enter into an agreement at other than an open meeting with the Spokane County treasurer for the billing of APA fees, as provided for in this chapter.

This chapter shall take effect on January 1, 2006, and shall automatically terminate twenty years thereafter on December 31, 2025.

Any section, sentence, clause or phrase of this chapter should be held invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter.

For the purposes of this chapter, the following definitions shall apply:

For the purposes of definitions related to Fish and Wildlife Habitat and Species Conservation Areas, see Section 11.20.060

Activity or activities: See "regulated activity."

Agricultural activities: Those activities conducted on lands defined in RCW 84.34.020(2), or as amended, which are either (a) lands in any contiguous ownership of twenty or more acres (i) devoted primarily to the production of livestock or agricultural commodities for commercial purposes, or (ii) enrolled in the federal conservation reserve program or its successor administered by the United States Department of Agriculture; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one thousand dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm wood lots of less than twenty and more than five acres and the land on which appurtenances necessary to the production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products.

Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands."

Agricultural activities shall also include those existing and ongoing 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 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 converted to a non-agricultural 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.

Applicant: A person who files an application for permit under this chapter and who is either the owner of the land on which that proposed regulated activity would be located or is the authorized agent of the owner.

Best available science: Current scientific information used in the process to designate, protect, or restore critical areas, which is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of the best available science are included in Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas, or as amended, published by the Washington State Department of Community, Trade and Economic Development.

Biosolids: Municipal sewage sludge that is a primary organic, semi-solid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all applicable requirements under WAC Chapter 173-308. Biosolids includes material derived from biosolids, and septic tank sludge, also known as septage, that can be beneficially recycled and meets all applicable requirements under WAC Chapter 173-308. For the purpose of this rule, semisolid products include biosolids or products derived from biosolids ranging in character from mostly liquid to fully dried solids.

Board: The Board of Spokane County Commissioners.

Buffer area: A designated area along the perimeter of a wetland, fish and wildlife habitat or other critical area which is regulated to minimize impacts of adjacent activities and uses from intruding into the critical area.

Building envelope: An area where regulated activities and uses are confined.

Compensatory mitigation: Replacing project-induced wetland losses or impacts, and includes, but is not limited to, the following:

Critical aquifer recharge areas: Areas where there is an aquifer that is a source of drinking water that is vulnerable to contamination that would affect the potability of the water (WAC 365-190-030).

Critical areas: Areas as defined in the county comprehensive plan.

Critical material (critical material list): A substance present in sufficient quantity that its accidental or intentional release would result in the impairment of one or more of the beneficial uses of aquifer water. Current beneficial uses of aquifer water include, but are not limited to, domestic and industrial water supply, agricultural irrigation, stock watering and fish raising. The critical materials list is set forth in Chapter 3.15, as amended, of the Spokane County Code. The list includes the names of specific chemicals and classes of chemicals which, based on current criteria and standards, are known to affect the beneficial use of water.

Critical materials handbook: A document prepared specifically to assist in the administration of this chapter, containing examples of best management practices, which may be employed to meet the performance standards of this chapter, as associated with critical materials.

Critical materials use activity: An activity or land use which has been determined to use, transport or store a critical material.

Dedication: Conveyance of land to the county or other not-for-profit entity by deed or other instrument of conveyance.

Degraded wetland: A wetland altered through impairment of some physical or chemical property which results in reduction of one or more wetland functions and values.

Density transfer: The process of transferring all or some portion of the amount of development associated with a site to another portion of the site.

Department: The public works department of Spokane County.

Developable area: Land outside of wetlands, wetland buffers or any other restricted area on a particular piece of property.

Development: Any construction or expansion of a building, structure, or use; any change in use of a building or structure or changes in the use of land that require a development permit from the county.

Director: The official of Spokane County designated to carry out the planning functions pursuant to RCW 36.70 and RCW 36.70A or his/her authorized designee.

Documented habitat: Habitat where endangered, threatened, sensitive species or species of local importance have been "documented" or are known to exist as confirmed by state or federal agencies.

Ecosystem: A dynamic and interrelating complex of plant and animal communities and their associated environment.

Emergent wetland: A wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous wetland vegetation as the uppermost vegetative strata.

Enforcement authority: All divisions of Spokane County public works, as applicable.

Enhancement: See "Compensatory mitigation."

Erosion: The wearing away of the ground surface as a result of mass wasting or the movement of wind, water, soil and/or ice.

Exotic: Any species of plants or animals which are foreign to the planning area.

Extraordinary hardship: The strict application of the provisions of this chapter and/or rules adopted to implement this chapter would prevent all reasonable use of the property.

Fish and wildlife habitat conservation areas: Areas defined in WAC-365-190-080(5), or as amended. Fish and wildlife habitat conservation means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean cooperative and coordinated land use planning is critically important among counties and cities in a region.

Fish and wildlife habitat conservation areas include:

Forested wetland: A wetland area with at least thirty percent of the surface area covered by woody vegetation greater than twenty feet in height and at least one quarter acre in size or comprise at least ten percent of the total area of the wetland.

Forest practice: Any activity conducted on or directly pertaining to forestland relating to growing, harvesting, or processing timber, including but not limited to:

Forest Practice Class 4: As defined by the Forest Practice Act WAC 222-16-030, or as amended.

Functions "beneficial functions," or "functions and values": The beneficial roles served by wetlands 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, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.

Geologically hazardous areas: Areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns.

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

Hearing body: The individual, committee, or agency designated by the board of county commissioners to conduct public hearings and render decisions on subdivisions, amendments, special permits, conditional uses, appeals and other matters as set forth in the Spokane County zoning code.

High quality vegetative buffer: A wetland buffer comprised of multi-level dense native vegetation including shrubs.

Hydric soil: 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 Washington State Wetlands Identification and Delineation Manual (1997), or as amended, and the Corp of Engineers Arid West Interim Regional Supplement (2007), or as amended.

Hydrophytic vegetation: 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 Wetlands Identification and Delineation Manual (1997), or as amended, and the Corp of Engineers Arid West Interim Regional Supplement (2007), or as amended.

In-kind mitigation: The restoration or replacement of a wetland with hydrogeomorphic characteristics closely approximating those of a specified wetland.

Isolated wetlands: Those wetlands which:

Landscape linkage: A movement corridor in which the complete range of community and ecosystem processes continue to operate through time. Plants and small animals are able to move between larger landscapes over a period of generations.

Maintenance: See definition of "repair or maintenance."

Mitigation: The use of any or all of the following actions listed in descending order of preference:

Monitoring: A periodic evaluation of a wetlands restoration, creation or enhancement site to determine changes at the site, such as vegetation growth, hydrologic changes, and soil development, use of the site by birds and animals.

Native vegetation: Vegetation 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 or reasonably could have been expected to have been found on the site at the time it was cleared.

Non-conforming development: A use or structure which was lawfully constructed or established prior to the effective date of this chapter or amendments thereto, but which does not conform to present regulations or standards contained in this chapter.

Noxious weeds: Those plants which are non-native, highly destructive and competitive as defined by RCW 17.10, or as amended.

Off-site mitigation: Restoration or replacement of a wetland within its primary drainage basin, but not adjacent to the site on which a wetland has been or will be degraded. Locations within the county will be given preference over those outside the county.

On-site mitigation: Restoration or replacement of wetland at or very near the site where a wetland has been or will be degraded by a regulated activity.

Open water component: Wetlands having any areas of standing water present for more than one month at any time of the year without emergent, scrub-shrub, or forested vegetation. Open water includes any aquatic beds.

Ordinary high water mark: That mark on streams, lakes or water bodies 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 normal years, as to mark on the soil a character distinct from that of the abutting upland in respect to vegetation.

Out-of-kind mitigation: The restoration or creation of a wetland with hydrogeomorphic characteristics not resembling those of a specified wetland.

Owner: Any person having title to, a substantial beneficial proprietary interest in, or control of a building or property, including but not limited to a lessee, guardian, receiver or trustee, and the owner's duly authorized agent.

Person: A natural person, his/her heirs, executors, administrators or assignees, or a firm, partnership or corporation and its or their successors and assignees, or a governmental entity.

Person aggrieved: A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof, not in agreement with a decision made by the department or hearing body.

Placeholder: An area designated by the Washington State Department of Health to hold the place of a wellhead protection area for a well until completion of the wellhead protection plan.

Pollution: Such contamination, or other alteration of the physical, chemical or biological properties of wetlands, or such discharge of any liquid, gaseous, solid, radioactive or other substance into wetlands as will or is likely to cause a nuisance or render such wetlands 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, wildlife, fish, native vegetation or other aquatic life.

Practical alternative: An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having fewer impacts to wetlands. It may involve using an alternative site in the general region that is available to the applicant and may feasibly be used to accomplish the project.

Primary drainage basin: The basin of the stream or tributary within which a project is proposed, not including basins of major tributaries. For the purpose of this regulation: the primary drainage basin of Latah Creek is not a part of the primary drainage basin of the Spokane River; the primary drainage basin of Marshall Creek is not a part of the primary drainage basin of Latah Creek.

Priority habitats and species: A fish or wildlife habitat or species that has been identified by the Washington State Department of Fish and Wildlife in the priority habitat and species program or by Spokane County as a species of local importance.

Publicly owned treatment works (POTW): A treatment works treating domestic sewage that is owned by a municipality, a county, the state of Washington, or the federal government.

Qualified biologist: The holder of a four-year degree in biology with an emphasis in fish and wildlife biology from an accredited university and at least two years field experience evaluating land use impacts on fish and wildlife species and their habitats.

Qualified erosion or landslide specialist: An individual or team that has both the academic qualifications and field experience to implement the provisions of this chapter.

Qualified geologist: A Washington State licensed geologist or hydro-geologist, or a geologist from another state with a license recognized by the state of Washington.

Qualified professional: For the purposes of water typing, means a person with a Bachelor of Science degree in forestry, wildlife, ecology, or a related field and trained in the state of Washington water typing system as provided by Washington State Department of Natural Resources.

Qualified wetland specialist: A holder of a Society of Wetland Scientists (SWS) certification or has the equivalent in academic qualifications and field experience for making competent wetland delineation's, reports, and recommendations necessary to implement the provisions of this chapter.

Regulated activity: Any of the activities which are directly undertaken or originate in a critical area or its buffer as provided for in Sections 11.20.030, 11.20.050, and 11.20.075 of this chapter.

Repair or maintenance: Repair means to restore a development 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 resource or environment; maintenance means those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. Repair and maintenance also includes vegetation management or repair of structures used to provide electricity, natural gas, and/or other utility services to the public in existing utility rights-of-way.

Residential development: Only single-family, two-family, multifamily, manufactured and mobile home, community residential facility, community treatment facility, dormitory, fraternity and sorority, as defined in the Spokane County zoning code, or as amended.

Restoration: See "compensatory mitigation."

Riparian: Riparian areas are transitional between terrestrial and aquatic ecosystems and are distinguished by gradients in biophysical conditions, ecological processes, and biota. They are areas through which surface and subsurface hydrology connect water bodies with their adjacent uplands. They include those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e. a zone of influence). Riparian areas are adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines.

Scrub-shrub wetland: An area of vegetated wetland with at least thirty (30) percent of its surface area covered by woody vegetation less than twenty (20) feet in height as the uppermost strata.

Serviceable: Presently usable.

Site: Any lot or parcel of land or contiguous combination thereof, where activities are proposed, performed or permitted.

Subject property: The site where an activity requiring a permit or approval under this chapter will occur.

Unavoidable and necessary impacts: Impacts to wetlands that remain after an applicant for a wetland permit has demonstrated that no practicable alternative exists for the proposed project.

Urban growth area (UGA): Areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature as defined in RCW 36.70A.110.

Utilities: Enterprises or facilities serving the public by means of an integrated system of collection, transmission, distribution, and processing facilities through more or less permanent physical connections between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of natural gas, electricity, telecommunications services, and water, and for the disposal of sewage.

Vegetative classes: Certain types of wetland plant vegetation as defined by the Washington State Wetlands Rating System for Eastern Washington (2004), or as amended, and must be at least one-quarter acre in size or comprise at least ten percent of the entire wetland.

Vernal wetland system: Seasonal depressional wetlands typically occurring high in the drainage that derive their hydrology from rainfall and snow and a small immediate watershed. Vernal systems are formed as a result of accumulation of surface water in an isolated basin that at no time of the year would have a natural inlet or outlet and water is entirely absent from the surface part of the year.

Water dependent: A use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations; such as, but not limited to, bridges, marinas, dams for domestic/industrial water supply, flood control, and/or hydroelectric production; water diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices.

Water types: Water typing system established by WAC 222-16-031 or as amended and implemented by Washington State Department of Natural Resources for classifying streams, lakes and ponds as type S water (shorelines of the state), type F water (fish), type Np water (nonfish perennial), Ns (Nonfish seasonal) see Section 11.20.060.C.1.h.

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

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.

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 Section 11.20.050 of this chapter. Buffer width is measured outward from the wetland boundary.

Wetlands delineation manual: The Washington State Wetlands Identification and Delineation Manual (1997), or as amended, the Corp of Engineers Arid West Interim Regional Supplement (2007), or as amended, or any other wetlands delineation adopted or recommended for use by the Washington State Department of Ecology.

Wetlands exempt from regulation: 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, landscape amenities (RCW 36.70A.030), and wetlands created by existing and ongoing mining operations.

Wetlands of local significance: Wetlands evaluated for a higher category utilizing the Washington State Wetlands Rating System for Eastern Washington (2004), or as amended.

Wetlands permits: Any permit, modification, revision or variance issued, conditioned or denied pursuant this chapter.

Wetland types: Categories of wetlands based on specific attributes such as rarity, sensitivity to disturbance, and functions and consistent with the rating system described in the Washington State Wetlands Rating System for Eastern Washington (2004) or as amended.

Wildlife corridor: A landscape feature that facilitates the biologically effective transport of animals between larger patches of habitat dedicated to conservation functions. Such corridors may facilitate several kinds of traffic, including frequent foraging movements, seasonal migrations, or the once-in- a-lifetime dispersion of juvenile animals. These are transitional habitats and need not contain all the habitat elements required for the long-term survival or reproduction of its migrants.