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A. Appendix A provides definitions for the terms used in this Title that are not defined in Chapter 18.25 PCC of the Development Policies and Regulations.

B. The terms defined in Appendix A apply to all of Title 18S PCC, Development Policies and Regulations – Shorelines. Definitions for terms that appear in both this Title and one or more other Titles in the Title 18 series are found in Chapter 18.25 PCC. In instances where a specific term has one definition in Chapter 18.25 PCC and a different definition appears in Appendix A, the definition that appears in Appendix A shall apply throughout this Title.

Unless the context clearly indicates otherwise, words in the present tense can include the future tense, and words in the singular can include the plural, or vice versa. Any word or phrase not listed in Appendix A or in Chapter 18.25 PCC shall be defined from of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available then source number two may be used, and so on. The sources are as follows:

1. The most applicable RCW;

2. The most applicable WAC;

3. Any term defined by Washington State case law;

4. Other applicable Chapter(s) of the PCC; and

5. Webster's Dictionary, or if the term is technical in nature, other applicable scientific, technical, or professional manuals.

"Adaptive Management" means a process that acknowledges the need to modify current management actions when warranted by new information.

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

"Agricultural Equipment" and "agricultural facilities" includes, but is not limited to: (1) The following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, taps, canals, ditches, and drains; (2) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (3) farm residences and associated equipment, lands, and facilities; and (4) roadside stands and on-farm markets for marketing fruit or vegetables.

"Agricultural Land" means those specific land areas on which agriculture activities are conducted.

"Agricultural Products" includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products.

"Agriculture – Low Intensity" means: (1) Crop production activities with minimal potential to adversely affect soil productivity and water resources, such as: non-chemical weed and pest control, crop rotation, conservation tillage, and drip irrigation. (2) Livestock rearing at or below 1,000 pounds of animal per acre of managed pasture that adhere to pasture management practices such as: rotational and strip grazing, the use of sacrifice areas, and pasture seeding and fertilization based upon soil.

"Appurtenance," see "Normal Appurtenance."

"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.

"Average Grade Level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.

"Boathouse" means any building utilized for the storage of watercraft and related equipment. For purposes of this Title, the term boathouse shall not mean a watercraft, vessel, or residence.

"Buoy" means a floating mooring point or warning marker anchored offshore.

"Channelization" means the straightening, deepening, or widening of a stream channel.

"Civic" means use types including educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance.

"Commercial" means developments involved in wholesale and retail trade or business activities.

"Community Recreational" means water access facilities which are utilized in common by residents of a subdivision.

"Constricted Body" means an area of a water body where the width at the entrance is less than half the distance from the entrance to the innermost shore.

"Covered Moorage" means any covered facility, with or without walls, utilized for the storage of watercraft and located waterward of the ordinary high water mark (OHWM).

"Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. "Development" does not include dismantling or removing structures if there is no other associated development or redevelopment. (Note: This definition intentionally differs from the definition for "Development" found in Chapter 18.25 PCC.)

"Dock" means a floating or non-floating mooring platform that connects with the OHWM.

"Dredging" means the removal of material from the bottom of a water body.

"Ecological Function" or "Shoreline Function" means the work performed, or role played by, the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-020(13).

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

"Feasible" means that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: (1) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; (2) The action provides a reasonable likelihood of achieving its intended purpose; and (3) The action does not physically preclude achieving the project's primary intended legal use.

"Fetch" means the distance across a body of water measured in a straight line from the most waterward point along the ordinary high water line or legally established bulkhead on a given stretch of shore to the closest point on the ordinary high water line or legally established bulkhead on a separate stretch of the shore.

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

"Finfish" means a vertebrate organism of the classes Osteichthyes, Agnatha, or Chondrichthyes possessing a bony and/or cartilaginous inner skeleton, including all stages of development and the bodily parts of the fish (RCW 77.08.22). Examples include but are not limited to salmon, ling cod, rock fish, halibut, sole, sablefish, perch, pollock, whiting, tilapia, carp, lamprey, sturgeon, sharks, skates, and rays.

"Finfish aquaculture" means the farming or culture of vertebrate or cartilaginous food fish for market sale when raised in facilities located in saltwater water bodies, in either open-flow or contained systems. This includes net pens, sea cages, bag cages and similar floating/hanging containment structure and is intended to reflect the definition of "marine finfish rearing facilities" (RCW 90.48.220), but does not include temporary restoration/enhancement facilities used expressly to improve populations of native stocks and that meet the definition of "watershed restoration project" per RCW 89.08.460.

"Float" means a mooring platform on water located off shore and held in place by anchors, buoys, or piling. They are not meant to lift vessels.

"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.

"Floating on-water residence" means any floating structure other than a floating home: (1) That is designed or used primarily as a residence on the water and has detachable utilities; and (2) Whose owner or primary occupant has held an ownership interest in space in a marina, or has held a lease or sublease to use space in a marina, since a date prior to July 1, 2014.

"Floodway" means the area as identified in the Master Program that has been established as floodway in federal emergency management agency flood insurance rate maps adopted by Pierce County. "The floodway shall not include those 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." (RCW 90.58.030(2)(b))

"Frosting" means the addition of gravel or shell to the substrate to make it more suitable for aquaculture.

"Hard Shoreline Stabilization" means methods that include but are not limited to bulkheads, levees, gabions, seawalls, revetments, jetties, groins, weirs, and breakwaters. Hard methods involve the placement of materials that are arranged so as to create hard surfaces that deflect hydraulic energy.

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

"In-stream structure" means a structure placed by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.

"Launching Ramp" means a boating facility utilized for launching and retrieving vessels.

"Lift" means a facility designed to lift a vessel in and out of the water (such as a davit, floating lift, non-floating lift, drive-on float, or grid). A lift is often attached to something else such as a bulkhead, dock, or buoy.

"Liveaboard" means a vessel used as a dwelling unit for more than 30 days in any 45-day period or more than 90 days in a year.

"Low Intensity Agriculture" see the "Agriculture – Low Intensity" definition.

"Marina" means a commercial boating facility providing wet or dry storage for watercraft, and providing other services to tenants and other boaters. Services may include repair, sales, rentals, tackle shops, fueling, launching, administration facilities, charters, food, and sewage disposal.

"Marine" means pertaining to tidally-influenced waters of Puget Sound.

"Mining" means the extraction of sand, gravel, soil, minerals, and other naturally-occurring material with a primary purpose of obtaining the material for commercial and other uses.

"Mooring Piling" means a non-floating mooring point located off-shore consisting of a pole or group of poles embedded in the bed of the water body and extending above the water's surface.

"Natural or Existing Topography" means the topography of the lot, parcel, or tract of real property prior to any site preparation or grading, including excavation or filling.

"No Net Loss" means that the ecological functions of the shoreline will not be reduced as a result of discrete or cumulative development activities.

"Normal Appurtenance" means a feature, development, activity, or structure necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark.

"Pier" means a structure which abuts the OHWM and is built over the water on piling and is used as a landing or moorage place for vessels or for recreational purposes.

"Port" means a center for providing services and facilities for the transfer of commodities to and from vehicles (water, air, or land) of commerce.

"Public Recreational" means a publicly or privately owned and maintained water access facility for use by the general public.

"Railway" means non-floating tracks with a cradle and winch system utilized for launching and retrieving vessels.

"Ramp" means a non-floating surface, located at or near grade, utilized for launching/retrieving vessels.

"Recreation" means the refreshment of body and mind through forms of play, amusement or relaxation, including publicly and privately-owned facilities intended for use either by the public or a private club, group, association, or a facility constructed accessory to a multi-family residential development.

"Residential Development" means the development of dwelling units and the creation of new residential lots through the land division process.

"River Delta" means those lands formed as an aggradational feature by stratified clay, silt, sand, and gravel deposited at the mouths of streams where they enter a quieter body of water. The upstream extent of a river delta is that limit where it no longer forms distributary channels.

"Road/Roadway" means an open private or public way for the passage of motor vehicles that, where appropriate, may include pedestrian, equestrian, and bicycle facilities. Elements of a road/roadway typically include but are not limited to traveled way, sidewalks, curbing, paths, walkways, shoulders, ditches, culverts, conveyance piping, retaining walls, and slopes necessary for structural stability.

"Sacrifice Area" means an enclosure, such as a paddock, corral, or pen, used to confine livestock during the winter and early spring when soils within the pasture are saturated.

"Shall" means a mandate and the action is required.

"Shoreline Function" – See "Ecological Function"

"Shoreline Modifications" are those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.

"Shoreline Stabilization" means structural and nonstructural methods to address erosion impacts to property and dwellings, business or structures caused by natural processes such as current, flood, tides, wind or wave action. A shoreline stabilization structure at or near, and parallel to, the ordinary high water mark that comes in contact with water is defined as a bulkhead. A structure located landward of the ordinary high water mark that does not come into contact with the water and is erected between lands of different elevations which is used to resist the lateral displacement of any material is defined as a retaining wall.

"Shorelines" means the total of all "shorelines of the state" as defined in RCW 90.58.030(g) that occur in unincorporated Pierce County. For the purposes of this Title, these include all waters and associated lands described in PCC 18S.10.030 A.

"Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on a policy of the Shoreline Management Act and this Title, for not taking the action.

"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.

"Substantial Development" means any development of which the total cost or fair market value exceeds the amount set pursuant to 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.

"Transportation Facilities of Statewide Significance" means highways of statewide significance as designated by the legislature under Chapter 47.05 RCW, the interstate highway system, interregional state principal arterials including ferry connections that serve statewide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal terminals excluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, key freight transportation corridors serving these marine port facilities, and high capacity transportation systems serving regions as defined in RCW 81.104.015.

"Vessel" means ships, boats, barges, or any other floating craft which are designed and used for navigation, and do not interfere with the normal public use of the water.

"Water-Dependent" means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.

"Water-Enjoyment" 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.

"Water-Oriented" means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

"Water Quality" means the chemical, physical, hydrological, aesthetic, recreation-related, and biological characteristics of water.

"Water-Related" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: (1) The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or (2) The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.

Acronyms and Abbreviations:

WDFW

Washington Department of Fish and Wildlife

Ecology

Washington State Department of Ecology

eFOTG

Electronic Field Office Technical Guide

LID

Low Impact Development

MLLW

Mean Lower Low Water

NRCS

Natural Resources Conservation Service

OHWM

Ordinary High Water Mark

PALS

Planning and Land Services

PCC

Pierce County Code

RCW

Revised Code of Washington

SED

Shoreline Environment Designation

SEPA

State Environmental Policy Act

Act

Shoreline Management Act

Master Program

Pierce County Shoreline Master Program

SSHB

State Shorelines Hearing Board

WAC

Washington Administrative Code

(Ord. 2018-57s § 1 (part), 2018; Ord. 2013-45s4 § 7 (part), 2015)