“Abandon” means to terminate the use of a structure by an affirmative act such as changing to a new use; or to cease, terminate, or vacate a use or structure through nonaction. Land uses that have been discontinued for 18 or more consecutive months are considered abandoned and no longer vested under this Program; except that agriculture, which has been discontinued for five consecutive years, is considered abandoned and will no longer be vested under this Program. Subsequent uses of the property must be in conformance with this Program and the County Code, as they apply.

“Abutting” means adjoining with a common boundary line or any portion thereof.

“Accessory dwelling unit” or “ADU” means a separate dwelling unit within a single-family dwelling or a separate structure associated with a single-family dwelling which is incidental and subordinate to the primary residential use of the property. Accessory dwelling units are further defined as follows:

“Accessory use or structure” means any legally established use or structure that is typically associated with the primary use, and is subordinate to or incidental to the primary use of a parcel and which includes the utilities necessary to serve the accessory.

“Accretion” means the slow addition of land by the deposition of water-borne sediment through the net effect of wave action and longshore drift.

“Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) as amended.

“Adequate” means acceptable but not excessive.

“Adjacent” means (in addition to abutting) that which is near or close; for example, an industrial district across the road or highway from a commercial district shall be considered as adjacent.

“Adjacent lands, shoreline” means lands adjacent to the shorelines of the State (outside of shoreline jurisdiction). See RCW 90.58.340.

“Administrator” means the Director of the Department of Community Development or his/her designee, who is responsible for carrying out the administrative duties set forth in this Code.

“Adverse impact” means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions or substantially degrades ecological functions or processes.

“Advertising” means publicly displayed messages or signs, billboards, placards, or buildings that direct attention to promotion of a business, service, or product.

“Aggrieved party” means a party of record who can demonstrate the following:

“Agricultural equipment and agricultural facilities” means to include, but is not limited to:

“Agricultural land” means those specific land areas on which agriculture activities are conducted.

“Agricultural products” means to include, 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. WAC 173-26-020.

“Agriculture” or “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.

“Allowed use” means uses allowed subject to the provisions of this Program, including meeting applicable performance and development standards; if a building permit or other development permit (e.g., stormwater permit) is required, the use is subject to the project review and approval process.

“Alteration” means any human induced change in an existing condition of a shoreline and/or its buffer. Alterations include, but are not limited to, grading; filling; channelizing; dredging; clearing (vegetation); draining; constructing structures; compaction, excavation, or any other activity that changes the character of a site.

“Alteration, nonconforming use” means the expansion, modification or intensification of a use that does not conform to the land use regulations of this Program.

“Anadromous fish” means fish species that spend part of their lifecycle in saltwater, but return to freshwater to reproduce.

“Appeal” means a request by an applicant or citizen that a decision made pursuant to this Program be reviewed for its correctness and legality by another person, agency or court of law having jurisdiction to hear such an appeal.

“Applicant” means the owner or owners of record of the property subject to a project permit application under this Program, or authorized representative thereof.

“Application” means the forms, plans and accompanying documents required for any project permit approval under this code.

“Appurtenant structures” are structures that are necessarily connected to the use and enjoyment of a single-family residence and are located landward of the ordinary high water mark and the perimeter of a wetland. Normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield; and grading (per WAC 173-27-040(2)(g)), but do not include bulkheads and other shoreline modifications or over-water structures (per RCW 90.58.620(2)).

“Aquaculture” means the culture or farming of fish, shellfish, or other aquatic plants or animals. Aquaculture does not include the harvest of wild geoduck associated with the State managed wildstock geoduck fishery. WAC 173-26-020.

“Aquaculture activity” means actions directly pertaining to growing, handling, or harvesting of aquaculture produce including but not limited to propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, or final processing and freezing.

“Aquaculture facility or farm” means any facility or tract of land used to culture aquatic products. Each geographically separate facility or tract of land used for aquaculture shall constitute a separate facility/farm, provided that adjoining farms/facilities with separate operators shall be considered separate facilities/farms.

“Aquatic habitat conservation areas” means the subset of fish and wildlife habitat conservation areas listed in WAC 365-190-130(2) that occur in the water.

“Archaeological” means having to do with the scientific study of material remains of past human life and activities.

“Archaeological resource/site” means a geographic locality including, but not limited to, submerged and submersible lands and the bed of the sea that contains physical evidence of an indigenous and subsequent culture including material remains of past human life, monuments, symbols, tools, facilities, graves, skeletal remains and technological byproducts:

“Archaeologist” or “professional archaeologist” means a person with qualifications meeting the federal Secretary of the Interior’s standards for a professional archaeologist. Archaeologists not meeting this standard may be conditionally employed by working under the supervision of a professional archaeologist for a period of four years provided the employee is pursuing qualifications necessary to meet the federal Secretary of the Interior’s standards for a professional archaeologist. During this four-year period, the professional archaeologist is responsible for all findings. The four-year period is not subject to renewal. (RCW 27.53.030). The federal Secretary of the Interior’s “Professional Qualification Standards,” as amended, can be found at the National Park Service website: https://www.nps.gov/articles/sec-standards-prof-quals.htm

“Associated wetlands” means wetlands that are in proximity to tidal waters, lakes, rivers or streams that are subject to the Shoreline Management Act and either influence or are influenced by such waters. Factors used to determine proximity and influence include but are not limited to: location contiguous to a shoreline water body, formation by tidally influenced geohydraulic processes, presence of a surface connection including through a culvert or tide gate, location in part or whole within the 100-year floodplain of a shoreline, periodic inundation, and/or hydraulic continuity.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or structure as measured by averaging the elevations at the center of all exterior walls of the proposed structure. In the case of structures to be built over the water, the average grade level shall be the elevation of the ordinary high water mark.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year; also known as the 100-year flood, as shown on the FIRM maps.

“Base flood elevation” means the elevation for which there is a one percent chance in any given year that flood levels will equal or exceed it.

“Beach” means the zone of accumulated, unconsolidated sediment that is moved by waves, wind and tidal currents.

“Beach access structure” means a structural pathway/walkway for purposes of providing pedestrian access to a beach or shoreline area, not for motorized vehicle access. It often includes a stairway, tram, stair tower, platform and/or elevated walkway anchored to the ground surface by structural means.

“Bedrock” means a general term for rock, typically hard, consolidated geologic material that underlies soil or other unconsolidated, superficial material or is exposed at the surface.

“Berm” means one or several accreted linear mounds of sand and gravel generally paralleling the shore on a beach in the vicinity of the mean higher high water and the ordinary high water mark. Natural berms are normally composed of a variety of sediment sizes and may be vegetated on the landward portion, and are naturally formed by net shore-drift. Also, a linear mound used to screen an adjacent activity (e.g., a parking lot) from transmitting excess noise and glare.

“Best management practices (BMPs)” means systems of practices, schedules of activities, prohibitions, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment.

“Bioengineering” means the practice of using natural vegetative materials to stabilize shorelines and prevent erosion. This may include use of soft structural methods such as bundles of stems, root systems, or other living plant material, soft gabions, fabric or other soil stabilization techniques, and limited rock toe protection where appropriate. Bioengineering projects often include habitat enhancement measures (e.g., anchored logs, root wads, etc.) and/or beach enhancement/nourishment (e.g., replenish sand or other sediments). Such techniques may be applied to creeks, rivers, lakes, reservoirs, and marine waters. Bioengineering may also be applied in upland areas away from the immediate shoreline.

“Board (BOCC)” means the Board of County Commissioners for Clallam County.

“Boat launch” or “boat ramp” means a slab, pad, plank, rail, or graded slope used for launching boats by means of a trailer, hand, or mechanical device.

“Boat lift” is an in-water structure used for the dry berthing of vessels above the water level and lowering of vessels into the water periodically. A boat lift as herein defined is used to berth and launch a single vessel, suspended over the water’s surface. A boat lift is generally a manufactured unit without a canopy cover and may be placed in the water adjacent to a dock/pier or as a stand-alone structure. A boat lift may be designed either for boats or personal watercraft. A boat lift is to be differentiated from a hoist or crane used for the launching or haul-out of vessels.

“Boathouse” means an enclosed structure on land designed and used exclusively for the storage of boats and boating equipment and not used as a dwelling unit.

“Boating facilities” means any public or private facility for launching or wet storage of vessels or watercraft, including such facilities that additionally provide landing for water-dependent recreation. This includes marinas, open water moorage and anchorage areas, boat launch ramps, boat lifts, mooring buoys, piers, floats and docks or any other similar single-user or shared-use facility for public recreational use or private residential use. For purposes of this Program, upland boathouses, boat repair shops, and other upland (dry) boat storage structures are not considered boating facilities.

“Breakwater” means an offshore structure that is generally built parallel to shore that may or may not be connected to land, and may be floating or stationary. Their primary purpose is to protect harbors, moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A secondary purpose is to protect shorelines from wave caused erosion. Most breakwaters in the Pacific Coast are rip-rap mound construction.

“Buffer” means the area abutting to a shoreline or critical area that separates and protects the area from adverse impacts associated with adjacent land uses.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy as defined in the International Building Code.

“Building envelope” means:

“Bulkhead” means a wall usually constructed parallel to the shore with the primary purpose of containing and preventing the loss of soil caused by erosion or wave action. Bulkheads are usually constructed of rock, poured-in-place concrete, steel or aluminum sheet piling, wood or wood and structural steel combinations. They may be either thin structures penetrating deep into the ground, or more massive structures resting on the surface.

“Campground” and “camping facilities” means a facility in which sites are offered for persons using tents or other personal, portable overnight shelters, recreational vehicles, or other recreational shelters, such as cabins, yurts or platform tents, specifically designated and operated for temporary overnight camping. Campgrounds are for short-term stays and do not include trailer parks.

“Certificate of occupancy or use” means a document issued by the Clallam County Building Official as the final approval acknowledging that all conditions and requirements have been met and that the occupancy or use of a development is allowed.

“Channel” means an open waterway either naturally or artificially created to convey water.

“Channel migration zone” means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. Such areas are characterized by abandoned channels, ongoing sediment deposition and erosion, topographic position, and changes in the plant community, age, structure and composition. These areas do not include areas protected from channel movement due to the existence of permanent levees or infrastructure improvements such as roads and bridges constructed and maintained by public agencies.

“Channelization” means the straightening, relocation, deepening or lining of stream channels, including construction of continuous revetments or levees for the purpose of preventing gradual, natural meander progression.

“Chemical” means any synthetic substance or mixture of such substances used as a cleaner, solvent, adhesive, paint, varnish, or other coating layer, or for a fertilizer, herbicide, pesticide, insecticide, or rodenticide.

“Clearing” means the destruction or removal, by hand or with mechanical means, of vegetative ground cover, shrubs or trees. Clearing may or may not include removing root material or topsoil.

“Cluster development” means a development design technique that groups or clusters buildings in specific areas on a site to minimize environmental impacts related to impervious surface, clearing and other impacts.

“Commercial development” means any premises devoted primarily to the wholesaling or retailing of a product or service for the purpose of generating an income. Examples of commercial development include, but are not limited to, restaurants, resorts, and retail shops.

“Commercial fish” means those species of fish that are classified under the Washington Department of Fish and Wildlife Food Fish Classification as commercial fish (WAC Title 220).

“Commercial recreational facility” means a place designed and equipped for sports and leisure-time activities that is operated as a business and open to the public for a fee.

“Commercial sign” means a sign that is used for attracting attention to a business or profession; to a commodity or service sold, offered or manufactured; to an entertainment offered; or to any other commercial use, product, service, or activity offered to the public with the intent to make a profit.

“Commercial use” means a business use or activity at a scale greater than a home business involving retail or wholesale marketing or selling of goods and services.

“Community dock” means a dock that serves multiple residential properties including upland and waterfront lots in a subdivision or similar community setting.

“Compatible” means uses or activities capable of existing together or in the vicinity of one another without disharmony or without generating effects or impacts which are disruptive to the normal use and enjoyment of surrounding property.

“Compensatory mitigation” means replacing resources or functions, at an equivalent or greater level, to offset unavoidable impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, creation, restoration, enhancement, preservation, and rehabilitation of wetlands, buffers, and other habitats or resources.

“Comprehensive Plan” means the Clallam County Comprehensive Plan.

“Conditional use” (or “shoreline conditional use”) means a use, development, or substantial development which is classified as being permitted only as a conditional use, or is not classified in this Program.

“Conforming” means any real property, parcel, lot, structure, proposal, use, development or submission which is fully compliant with the policies and regulations of this Program. Conforming is also defined to include those structures deemed “conforming” by CCC 35.25.010(2) in accordance with RCW 90.58.620.

“Conservation” means the prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the careful use of natural resources to prevent depletion or harm to the environment.

“Conservation district” means a special purpose district, like a fire district or school district, organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to landowners for the conservation of renewable resources.

“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land for purposes of natural resources conservation. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property.

“Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in ground water, air, or soil or that occurs as a result of direct or indirect actions at concentrations greater than those in the natural levels (Chapter 173-200 WAC).

“County” means Clallam County, Washington, its Board, commissions, and departments.

“Covered moorage” means boat moorage, with or without walls, that has a roof (made of wood, metal, fiberglass, plastic, canvas, or other material) to protect the vessel.

Creek. See “Stream.”

“Critical areas” means the following areas as designated in Chapter 27.12 CCC and this Program:

“Critical habitat” means habitat areas with which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating) as defined through rules promulgated by the Washington Department of Fish and Wildlife as identified in Chapter 220-200 or 220-610 WAC; in the Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations.

“Critical facilities” means a facility for which even a slight chance of flooding or destruction caused by a geologic hazard would be too great. They include, but are not limited to: schools, hospitals, police, fire, emergency response installation, nursing homes, installations which produce, use or store hazardous materials or hazardous waste, pipelines which transmit oil and gas, municipal water and sewer facilities, and regional transportation facilities, such as airports, ports, railroads, and major highways.

“Critical freshwater habitats” includes critical areas as designated in Chapter 27.12 CCC and this Program that are associated with freshwater shorelines, including streams and associated riparian zones, wetlands, aquatic and wildlife habitat conservation areas, and areas with which priority species, as defined by WAC 173-26-020(31), have a primary association.

“Critical saltwater habitats” means all kelp beds and eelgrass beds; stream mouths; spawning and holding areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial and recreational shellfish beds; priority habitat areas for marine shellfish, including but not limited to pandalid shrimp, Dungeness crab, geoduck, hardshell clam, subtidal hardshell clam, and red sea urchin; mudflats; intertidal habitats with vascular plants; and areas with which marine priority species, as defined by WAC 173-26-020(29), have a primary association.

“Culvert” means a section of pipe placed in a stream and filled over in order to provide a stream crossing.

“Cumulative impacts” or “cumulative effects” means the combined impacts of a proposed development action along with past impacts and impacts of reasonably foreseeable future development actions.

“Dam” means a barrier across a stream or river to confine or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, or power.

“Dedicate” means to set aside a piece of real property, a structure, or a facility for public or private use or ownership.

“Delta” or “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.

“Density” means the quantity per unit area, such as the number of dwelling units per acre.

“Developed shorelines” means those shoreline areas that are characterized by existing uses or structures located within shoreline jurisdiction.

“Development” or “development activities” 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 this Program at any state of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.

“Dike” means an artificial embankment placed at a stream mouth or delta to hold back sea water.

“Director” means, unless otherwise specified, the Director of the County’s Community Development Department or the Director’s designee.

“Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or transfer of ownership.

“Dock” means a fixed platform structure anchored in and floating upon a water body that abuts the shore to provide landing for water-dependent recreation or moorage for vessels or watercraft and does not include above water storage.

“Drainage” means surface water runoff; the removal of surface water or ground water from land by drains, grading, or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.

“Dredge material disposal” means the depositing of dredged materials on land or into water bodies.

“Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other water body. This does not include the minimal and insignificant removal of sediment during harvest of geoduck, clams or other shellfish.

“Drift cell,” “net shore-drift cell,” “drift sector,” or “littoral cell” refers to the long-term, net effect along a coastal sector in which directionally uniform shore drift occurs, depending on wave energy and currents, without significant interruption; each drift cell, net shore-drift cell, drift sector, or littoral cell typically includes one or more sources of sediment, such as a feeder bluff or stream mouth, a transport zone within which the sediment drifts along the shore, and an accretion area such as a spit, bar or hook.

“Driveway” means a strip of land which provides vehicular access from a public way to a building or other development on abutting grounds.

“Ecological functions” or “shoreline functions” 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 processes. See WAC 173-26-201(2)(c). Functions include, but are not limited to, habitat diversity and food chain support for fish and wildlife, ground water recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of priority.

“Ecology” means the Washington State Department of Ecology.

“Ecosystem processes” or “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.

“Eelgrass” means a marine plant that grows in coastal waters and brackish inlets. For the purposes of this Program, eelgrass includes the native Zostera marina species and not non-native species such as Zostera japonica.

“Endangered species” means a species which is in danger of extinction throughout all or a significant portion of its range, as classified by the Washington Department of Fish and Wildlife, the Washington Department of Natural Resources, or the federal Endangered Species Act.

“Enhancement” means actions performed within an existing degraded shoreline and/or buffer to intentionally increase or augment one or more ecological functions or values of the existing area. Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing wildlife habitat and structural complexity (snags, woody debris), installing environmentally compatible erosion controls, removing nonindigenous plant or animal species, or removing human-made structures or fill that are degrading ecological functions or values.

“Erosion” means the detachment and transport of soil or rock by water, wind, ice, or gravity.

“Erosion hazard areas” means areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Erosion hazards may also include coastal and riverine erosion areas. Lands meeting the following classifications shall be designated as erosion hazard areas:

“Essential public facilities” means those important and necessary facilities which provide essential services that are typically difficult to site, such as airports, State educational facilities, State or regional transportation facilities, State and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance-abuse facilities, mental health facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public facilities or services; they may be, but are not necessarily, publicly owned.

“Estuary” means a semi-enclosed coastal water body connected to a larger body of salt water with one or more rivers or streams flowing into it. Estuaries are typically the mouths of rivers and have brackish water.

“Excavation” means the mechanical removal of earth, including soil, rocks, bedrock, and/or root material from areas landward of the ordinary high water mark of a water body.

“Exempt development” means development that is exempt from the requirement to obtain a substantial development permit as defined by RCW 90.58.030 and WAC 173-27-040, but which must otherwise comply with applicable provisions of this Program as demonstrated by obtaining a statement of exemption from the Administrator. Exempt development or uses may still require conditional use and/or variance permits.

“Existing use” means the use of a lot or structure or improvements at the time of the enactment of this code, unless otherwise specified.

“Experimental aquaculture” means an aquaculture activity that uses genera that have not previously been regularly cultivated in the State of Washington.

“Extraction” means the commercial removal of naturally occurring materials from the earth, excluding water.

“Extreme low tide” means the lowest line of the land reached by a receding tide. This is the line as estimated by the federal government below which it might reasonably be expected that the tide would not ebb. In the Puget Sound area generally, this point is estimated by the federal government to be a point in elevation four and one-half feet below the datum plane of mean lower low water (0.0). Along the Pacific Ocean and in the bays fronting thereon and the Strait of Juan de Fuca, the elevation ranges down to a minus three and one-half feet in several locations.

“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, for the purpose of this Program, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:

“Feasible alternative” means an alternative that:

“Feeder bluff” or “erosional bluff” means any marine bluff or cliff active erosion and/or mass wasting which periodically supplies moderate volumes of sediment input with a longer recurrence interval than feeder bluff exceptional segments. The bluff face typically has vegetation indicative of disturbance with evidence of landslides and toe erosion. These natural sources of beach sediment are limited and vital for the long-term maintenance of beaches and accretion shoreforms (e.g., spits, bars, and hooks) and the nearshore habitats therein.

“Feeder bluff exceptional” means a feeder bluff with active erosion and/or mass wasting which periodically supplies substantial volumes of sediment input to the nearshore in greater quantities with a shorter recurrence interval than feeder bluffs. The bluff face typically has little to no vegetation with active landslides and toe erosion, and may include colluvium and toppled large woody debris. These bluffs play a critical role in sediment erosion and deposition and transport processes, which are key determinants of the health of many of the County’s marine beaches, spits, bars and hooks.

“Feeder bluff talus” means a feeder bluff characterized by coastal bluffs/sea cliffs that are actively receding and have a history of erosion/landslides but are primarily found within areas mapped as bedrock. These areas function as bedrock sediment sources (typically marine sedimentary units such as sandstone and conglomerate). These bluffs likely recede/erode at a slower rate than typical feeder bluffs and therefore are distinctively different from the unconsolidated, glacially deposited bluffs that the term “feeder bluffs” typically represents. Feeder bluff talus units provide beach sediment in the form of shallow landslides and/or large deep-seated landslides that deliver soil and large woody debris with boulders, cobbles, sand and gravel (often via sandstone and conglomerate talus with soil) to beaches.

“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.

“Fill material” means any solid or semi-solid material such as soil, sand, rock, gravel, sediment, wood chips, mining overburden, earth retaining structure, or other material from mining or other excavation activities, and materials used to create any structure or infrastructure, that when placed, changes the grade or elevation of the receiving site.

“Filling” means the act of placing by any manual or mechanical means fill material from, to, or on any soil surface, including temporary stockpiling of fill material.

“Fish habitat” means a complex of physical, chemical, and biological conditions that provide the life supporting and reproductive needs of a species or life stage of fish. Although the habitat requirements of a species depend on its age and activity, the basic components of fish habitat in rivers, streams, ponds, and nearshore areas include, but are not limited to, the following:

“Float” means a fixed platform structure anchored in and floating upon a water body that does not connect to the shore, and that provides landing for water-dependent recreation or moorage for vessels or watercraft, and that does not include above water storage.

“Floating aquaculture” means aquaculture systems that suspend aquatic organisms in the water column using buoys, rafts, docks, piers or other structure. Floating aquaculture is synonymous with hanging aquaculture.

“Floating house” or “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 per RCW 90.58.270.

“Flood” or “flooding” means the temporary inundation of normally dry land areas from the overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface waters.

“Flood control” means all development on rivers and streams designed to retard bank erosion, to reduce flooding of adjacent lands, to control or divert stream flow, or to create a reservoir, including but not limited to revetments, dikes, levees, channelization, dams, weirs, flood and tidal gates. Excluded are water pump apparatus.

“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to inundation with a one percent chance of inundation being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Shoreline Management Act.

“Floodplain management” means a long-term program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems.

“Floodway” means the area of a river valley that conveys flood waters with reasonable regularity, although not necessarily annually. At a minimum, the floodway is that which has been established in Federal Emergency Management Act Flood Insurance Rate Maps or Federal Emergency Management Act floodway maps. The floodway does 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.

“Forest land” means all land that is capable of supporting a merchantable stand of timber and is not being actively used, developed, or converted in a manner that is incompatible with timber production.

“Forest management” means forest practices pertaining to protecting, producing, and harvesting timber for economic use.

“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing or harvesting of timber, or the processing of timber, including but not limited to: road and trail construction and maintenance; harvest, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.

“Forest practice, conversion” means the conversion of land to an active use incompatible with timber growing and where future nonforest uses will be located on currently forested land.

“Frequently flooded areas” means lands subject to a one percent or greater chance of flooding in any given year.

“Gabions” means works composed of masses of rock, rubble, or masonry tightly enclosed usually by wire mesh so as to form massive blocks. They are used to form walls on beaches to retard wave erosion or as foundations for breakwaters or jetties.

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

“Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified engineers or geologists who are knowledgeable about the regional and local geology.

“Grade, existing” means the elevation of the ground or site prior to any work being done or any changes being made to the ground or site.

“Grade, finished” means the final elevation of the ground level after development.

“Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of the earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage (of horizontal distance), or an angle (in degrees).

“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land, including stripping, cutting, filling, or stockpiling earth to create new grade.

“Grandfathered uses or developments” means legally established uses, buildings, structures and/or lots of record that do not meet the specific standards of this Program but which existed on the effective date of initial adoption of the Program (August 5, 1976), or any subsequent amendment thereto, or was authorized under a permit, variance or conditional use approval, or is otherwise vested to the Program.

“Groin” means a wall-like structure extending on an angle waterward from the shore into the intertidal zone. Its purpose is to build or preserve an accretion shoreform or berm on its updrift side by trapping littoral drift. Groins are relatively narrow in width but vary greatly in length. Groins are sometimes built in series as a system, and may be permeable or impermeable, high or low, and fixed or adjustable.

“Ground water” means all water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of the State, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves (Chapter 90.44 RCW).

“Growth Management Act (GMA)” means the State of Washington Growth Management Act, Chapter 36.70A RCW, as amended.

“Guidelines” means those regulations adopted under Chapter 173-26 WAC, as amended, or any successor regulations thereof, that serve as standards for implementation of the policy of Chapter 90.58 RCW for regulations of uses of the shorelines, and that provide criteria to local governments and the Department of Ecology in developing shoreline master programs (including this Program).

“Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows.

Hanging Aquaculture. See “Floating aquaculture.”

“Harbor area” means the area of navigable tidal waters as determined in Section 1 of Article 15 of the Washington State Constitution, which is forever reserved for landings, wharves, streets, and other conveniences of navigation and commerce. Harbor areas exist between the inner and outer harbor lines as established by the State Harbor Line Commission. Harbor areas are managed by the Department of Natural Resources for the conveniences of navigation and commerce.

“Hazard tree” means any tree with a high probability of falling due to a debilitating disease, a structural defect, a root ball more than 50 percent exposed, or having been exposed to wind throw within the past 10 years. To be considered hazardous, there must be a residence or residential accessory structure within a tree length of the base of the trunk. “Hazard tree” also means any tree with a high probability of falling that will cause a landslide. Where not immediately apparent to the Administrator, the hazard tree determination shall be made after review of a report prepared by an arborist or forester.

“Hazardous area” means any shoreline area which is hazardous for intensive human use or structural development due to inherent and/or predictable physical conditions; such as but not limited to geologically hazardous areas, frequently flooded areas, and channel migration zones.

“Hazardous materials” means any substance containing such elements or compounds which when discharged in any quantity in shorelines present an imminent and/or substantial danger to public health or welfare; including, but not limited to: fish, shellfish, wildlife, water quality, and other shoreline features and property.

“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and regulated as hazardous waste by the United States Environmental Protection Agency.

“Hearings Board” means the State Shorelines Hearings Board referenced in RCW 90.58.170.

“Height” is 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, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation.

“Historic” means having considerable importance or influence in history; historical.

“Historic preservation professionals” means those individuals who hold a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history, or a bachelor’s degree in architectural history, art history, historic preservation or closely related field plus one of the following:

“Historic site, structure or landmark” means a site, structure or building of outstanding archaeological, historical or cultural significance. This is shown by its designation as such by the National or Washington State Register of Historic Places, designation as an historic landmark, or any such structure or feature for which the State Historic Preservation Officer has made a determination of significance pursuant to Section 106 of the National Historic Preservation Act.

“Hydraulic Project Approval (HPA)” means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the State in accordance with Chapter 77.55 RCW.

“Hydroelectric generating facility” means an in-stream facility or device requiring the diversion, impoundment or use of water in order to produce, generate and transmit electrical power.

“Illegal use” means any use of land or a structure which is inconsistent with current codes and/or was inconsistent with previous codes in effect when the use or structure was established. An illegal use is different than a nonconforming use. (See also “Nonconforming.”)

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and other surfaces. Open, uncovered retention/detention facilities shall not be considered impervious surfaces for purposes of this Program. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

“Important, sensitive and unique areas (ISUs)” are specific areas in State waters that meet one or more of the following criteria:

“In-stream structure” means a human-made structure placed 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, fisheries enhancement, or other purposes.

“Incidental” means subordinate to, minor in significance, and bearing a reasonable relationship with the primary use.

“Incompatible” means uses and activities that are not compatible.

“Industrial development” means facilities for processing, manufacturing, and storage of finished or semi-finished goods, including but not limited to oil, metal or mineral product refining, power generating facilities, including hydropower, ship building and major repair, storage and repair of large trucks and other large vehicles or heavy equipment, related storage of fuels, commercial storage and repair of fishing gear, warehousing construction contractors’ offices and material/equipment storage yards, wholesale trade or storage, and log storage on land or water, together with necessary accessory uses such as parking, loading, and waste storage and treatment. Excluded from this definition are mining including on-site processing of raw materials, and off-site utility, solid waste, road or railway development, and methane digesters that are accessory to an agricultural use.

“Industry” means the production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials or production is considered part of the industrial process.

“Infiltration” means the downward entry of water into the immediate surface of soil.

“Infrastructure” means facilities and services including capital facilities such as water supply, sewage disposal, and storm drainage systems, and transportation facilities such as public roads.

“Intensive” means highly concentrated, very large, or considerable, in terms of Clallam County standards and environment.

“International Building Code” means the building code officially adopted by Clallam County.

“Intertidal” means the marine area waterward of the ordinary high water mark and landward of the line of extreme low tide.

“Invasive species” means a species that is (a) non-native (or alien) to Clallam County and (b) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the primary means of invasive species introductions.

“Jetty” means a structure generally perpendicular to the shore, extending through or past the intertidal zone. Jetties are built singly or in pairs at a harbor entrance or river mouth mainly to prevent accretion from littoral drift in an entrance channel. Jetties also serve to protect channels from storm waves or cross currents and to stabilize inlets through barrier beaches. Most jetties are of rip-rapped mound construction.

“Lake” means a body of standing water in a depression of land or expanded part of a stream, of 20 acres or greater in total area. A lake is bounded by the ordinary high water mark, or where a stream enters the lake, the extension of the lake’s ordinary high water mark within the stream. A lake is generally distinguished from marshes, bogs, and swamps by its greater depth.

“Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, compaction, and excavation.

“Landslide” means a general term covering a wide variety of mass movement landforms and processes involving the downslope transport, under gravitational influence, of soil and rock material en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rock slides, and rock falls.

“Landslide hazard areas” means lands potentially subject to mass movement due to a combination of geologic, topographic, and hydrologic factors. The following classifications shall be designated as landslide hazards:

“Landward” means to or toward the land.

“Levee” means a natural or artificial embankment on the bank of a river or stream for the purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on their sides.

“Liberal construction” means an interpretation that tends to effectuate the spirit and purpose of the writing. For purposes of this Program, “liberal construction” means that the Planning Director shall interpret the regulatory language of this Program in relation to the broad policy statement of RCW 90.58.020, and make determinations which are in keeping with those policies as enacted by the Washington State Legislature.

“Live-aboard” means a seaworthy vessel that was designed primarily for navigation but is used as a residence. A boat or other floating structure is a residence if it is occupied 30 out of 45 days or 90 out of 365 days while moored or anchored in the same area, or if the local government, the marina, or the occupant of the boat defines it as a residence. The phrase “in the same area” means within a radius of one mile of any location where the same vessel previously moored or anchored. A vessel that is occupied and is moored or anchored in the same area, but not for the number of days described in this subsection, is considered a recreational or transient vessel (WAC 332-30-106).

“Logging” means activities related to and conducted for purposes of harvesting or processing timber.

“Long-term commercial significance” means lands with the growing capacity, productivity, soil composition, and economic viability for long-term agricultural, mineral or silvicultural production.

“Lot” means a designated tract, parcel or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, and utilized. The area below the ordinary high water mark shall not be considered a part of the lot area.

“Lot of record” means a lot, tract or parcel of land shown on an officially recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of real property and described by platted lot number or by metes and bounds and lawfully established for conveyancing purposes on the date of recording of the instrument first referencing the lot. The term “lot of record” does not imply that the lot was created in conformity with the legal regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW or CCC Title 29.

“Low impact development (LID)” means site design techniques aimed at reducing or eliminating the adverse impacts of development on the environment. LID seeks to preserve or mimic natural hydrologic processes to avoid increases in runoff volumes and peak flow rates, prevent or reduce pollutant loadings in runoff, and recharge ground water. LID practices include protecting native vegetation; reducing impervious surfaces; and using permeable pavements, green roofs, bioretention areas (rain gardens), topsoil amendment, and cisterns to collectively preserve or restore the processes of evaporation, transpiration, and infiltration. LID stormwater practices can be selected for flow control and/or water quality treatment depending on site-specific conditions.

“Low intensity land use” means a land use that has limited impact upon the land, resources and adjoining properties in terms of the scale of development, and frequency, amount, or concentration of use. Low intensity uses are mostly passive uses that do not substantially consume resources or leave noticeable or lasting adverse impacts.

“Maintenance and repair” means work required to keep existing improvements in their existing operational state. This does not include any modification that changes the character, scope, or size of the original structure, facility, utility or improved area.

“Marina” means a wet moorage and/or dry storage facility for multiple pleasure crafts and/or commercial crafts where goods or services related to boating may be sold commercially. Launching facilities and covered moorage may also be included. Marinas may be open to the general public or restricted on the basis of property ownership or membership.

“Marine bluff” means a steep, nearly vertical slope bordering the Strait of Juan de Fuca marine shore that is at least 20 feet high.

“Marine Spatial Plan for Washington’s Pacific Coast (MSP)” is a planning document designed to address new ocean use development off Washington’s Pacific coast that had not been previously permitted or approved prior to the adoption of the plan in June 2018. The MSP uses a series of data, maps, and analyses in combination with management framework to evaluate potential impacts from new ocean use projects on existing resources, based on the principles and criteria outlined in the Ocean Resources Management Act (ORMA) (RCW 43.143.030(2)) and the Ocean Management Guidelines (WAC 173-26-360). It applies a coordinated decision-making process between various governments, tribes, and stakeholders, and includes additional siting recommendations and fisheries protection standards. These principles have been incorporated into this SMP. See Ecology Publication No. 17-06-027, Revised June 2018 (https://fortress.wa.gov/ecy/publications/documents/1706027.pdf; and https://msp.wa.gov/).

“Mass wasting” means downslope movement of soil and rock material by gravity. This includes soil creep, erosion, and various types of landslides, not including bed load associated with natural stream sediment transport dynamics.

“May” means the action is allowable, provided it conforms to the provisions of this Program.

“Mean annual flow” means the average flow of a river or stream (measured in cubic feet per second) from measurements taken throughout the year. If available, flow data for the previous 10 years should be used in determining mean annual flow.

“Mineral extraction” means the removal of naturally occurring materials from the earth for economic use. Extraction materials include nonmetallic minerals such as sand, gravel, clay, coal, and various types of stone. This shall not include the following:

“Mineral processing” means activities accessory to mineral extraction that include material washing, sorting, crushing or more intensive modification or alteration to a mineral resource through mechanical or chemical means after it has been removed from the earth. This does not include asphalt or concrete batch plants.

“Mining” means mineral extraction and mineral processing.

“Mitigate/mitigation” means measures to avoid, minimize, lessen, or compensate for adverse impacts of development projects. Mitigation includes the following actions in order of preference (mitigation sequence):

“Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse impacts to shorelines and/or critical areas.

“Mixed use” means a combination of uses within the same building or site as a part of an integrated development project with functional interrelationships and coherent physical design.

“Monitoring” means evaluating the effects of a development action on the biological, hydrological, pedological, and geological elements of systems and/or assessing the performance of required mitigation measures through data collection, analysis and reporting.

“Moorage” or “moorage facility” means piers, docks, floats and buoys and their associated pilings, ramps, lifts, and other structures to which a vessel may be secured.

“Mooring buoy” means an anchored floating device in a water body used for the landing or storage of a vessel or water craft.

“Multifamily residence” means for the purposes of this Program a building containing two or more dwelling units.

“Must” means a mandate; the action is required.

“National Register of Historic Places” means the official federal list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation’s history and prehistory, or whose artistic or architectural value is unique.

“Native vegetation” means plant species that are indigenous to Clallam County.

“Navigable waters of the United States” means a water body that in its ordinary condition, or by being united with other water bodies, forms a continued route over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water.

“Net pens” are finfish culturing systems that generally consist of one or more nets that are typically anchored to the water body floor and suspended from the surface with a flotation structure. Net pens that are connected at the surface, tied into the same anchoring network, or located in close proximity to each other and operated together shall be considered a single aquaculture facility. Net pen structures solely and directly established and managed for purposes of Pacific salmon enhancement and/or restoration are not considered net pens for purposes of this Program.

“New ocean uses” are uses and developments that have not occurred or were not permitted within Washington’s coastal waters prior to the completion of the Marine Spatial Plan for Washington’s Pacific Coast, as revised June 2018. New uses, as defined by the MSP, are in-water uses, with potential adverse impacts to renewable resources or existing uses that have not been previously reviewed or authorized/permitted within the MSP study area. The MSP anticipates new ocean use proposals for activities such as renewable energy, dredged material disposal, mining, marine product harvesting, and offshore aquaculture operations. See also “Ocean uses.”

“No net loss” means the maintenance of the aggregate total of the County shoreline ecological functions over time. The no net loss standard requires that the impacts of shoreline use and/or development, whether permitted or exempt from permit requirements, be identified and mitigated on a project-by-project basis, so that as development occurs there is not an aggregate loss of shoreline functions. No net loss also requires that the County and other entities implement restoration projects to improve ecological functions and processes since there may be some development impacts that cannot be fully mitigated.

“Noise” means any sound not occurring in the natural environment which causes or tends to cause an adverse psychological or physiological effect on humans. This includes sounds arising from the amplification of noises generated by expected or permitted uses of a lot or structure.

“Nonconforming lot” means a legal lot of record in existence prior to the effective date of this Program and any amendments thereto, on which it is not possible to construct a structure outside of/landward of the shoreline buffer or which does not otherwise meet the minimum lot size requirements as set forth in this Program.

“Nonconforming use” means a legal use or development which conformed to the applicable codes in effect on the date of its creation but which no longer complies because of changes in code requirements. Nonconforming is different than and not to be confused with illegality (see “Illegal use”).

“Nonconsumptive use” means a use which does not permanently deplete, degrade, or destroy the resource involved.

“Ocean disposal uses” involve the deliberate deposition or release of material at sea, such as solid wastes, industrial waste, radioactive waste, incineration, incinerator residue, dredged materials, vessels, aircraft, ordnance, platforms, or other manmade structures.

“Ocean energy production uses” involve the production of energy in a usable form directly in or on the ocean rather than extracting a raw material that is transported elsewhere to produce energy in a readily usable form. Examples of these ocean uses are facilities that use wind, wave action, or differences in water temperature to generate electricity.

“Ocean mining” includes such uses as the mining of metal, mineral, sand, and gravel resources from the sea floor.

“Ocean oil and gas uses and activities” involve the extraction of oil and gas resources from beneath the ocean.

“Ocean salvage uses” share characteristics of other ocean uses and involve relatively small sites occurring intermittently. Historic shipwreck salvage which combines aspects of recreation, exploration, research, and mining is an example of such a use.

“Ocean transportation” includes such uses as: shipping, transferring between vessels, and offshore storage of oil and gas; transport of other goods and commodities; and offshore ports and airports.

“Ocean uses” are activities or developments involving renewable and/or nonrenewable resources that occur on Washington’s coastal waters and includes their associated offshore, nearshore, inland marine, shoreland, and upland facilities and the supply, service, and distribution activities, such as crew ships, circulating to and between the activities and developments. Ocean uses involving nonrenewable resources include such activities as extraction of oil, gas and minerals, energy production, disposal of waste products, and salvage. Ocean uses which generally involve sustainable use of renewable resources include commercial, recreational, and Tribal fishing, aquaculture, recreation, shellfish harvesting, and pleasure craft activity. See also “New ocean uses.”

“Off-premises sign” means a sign situated on premises other than those premises to which the sign’s message is related.

“Off-site mitigation” means to replace shoreline resources at a location away from the site that is impacted by development.

“Offshore” means the sloping subtidal area seaward from the low intertidal.

“Offshore wind energy systems” means devices in water bodies that convert kinetic energy from the wind into mechanical energy, usually for purposes of generating electricity.

“On-premises sign” means a sign situated on the premises to which the sign’s message is related.

“On-site sewage systems” means any one of several means for disposal of sanitary waste on the property from which it is generated (e.g., septic tank and drainfield).

“Open record hearing” means a hearing, conducted by a single hearing body or officer, that creates the record through testimony and submission of evidence and information under procedures prescribed by ordinance or resolution. An open record hearing may be held prior to the decision on a project permit and is to be known as an open record predecision hearing. An open record hearing may be held on an appeal, and is to be known as an open record appeal hearing, if no open record predecision hearing has been held on the project permit.

“Open space” means lands committed to farming and forestry uses and any parcel, lot, or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment.

“Ordinary high water mark” or “OHWM” means on all lakes, streams, and tidal water 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 Clallam County or the Department of Ecology. On a site-specific basis, Department of Ecology has the final authority on determining where the ordinary high water mark is located. The following criteria clarify this mark on tidal waters, lakes, and streams:

“Owner” means an individual, firm, business entity, trust, association, syndicate, partnership, or corporation having sufficient property interest to seek development of land.

“Park” means a tract of land designated and used by the public for recreation.

“Parking facilities” means off-street, ground-level open areas or structures used for the temporary storage of motor vehicles. Parking facilities do not include driveways for single-family residences.

“Parties of record” means all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit who have provided an address for delivery of such notice by mail.

“Penstocks” means a sluice or gate or intake structure that controls water flow, or an enclosed pipe that delivers water to hydraulic turbines.

“Performance standard” means a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.

“Permitted use or development” means a use that is allowed when consistent with the Program. Permitted uses/development shall require a shoreline substantial development permit, a shoreline conditional use permit, a shoreline variance, or a statement from the County Community Development Department that the use/development is exempt from a shoreline substantial development permit. Permitted uses are the same as allowed uses/developments and the opposite of prohibited uses/developments.

“Permittee” means the entity to whom a permit is granted.

“Person” means any individual, owner, contractor, tenant, partnership, corporation, business entity, association, organization, cooperative, public or municipal corporation, agency of a State or local governmental unit however designated, public or private institution, or an employee or agent of any of the foregoing entities.

“Pervious” means a surface that absorbs water.

“Pier” means a fixed platform structure supported by piles in a water body that abuts the shore to provide landing for water-dependent recreation or moorage for vessels or watercraft and does not include above-water storage.

“Plat” means a map or representation of a subdivision or short subdivision of land showing the division of a parcel of land into lots, roads, dedications, common areas, restrictions and easements, as regulated by Chapter 58.17 RCW and this Program.

“Pollutant” or “pollution” means contamination or other alteration of the physical, chemical or biological properties of waters of the State that does not comply with State water quality standards under Chapter 90.48 RCW.

“Ports” are legal entities established for purposes of acquiring, constructing, maintaining, operating, developing and regulating harbor improvements, rail or motor vehicle transfer and terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, or any combination of such transfer and terminal facilities, and other commercial transportation, transfer, handling, storage and terminal facilities, and industrial improvements.

“Powerhouse” means a plant where electric energy is produced by conversion from other forms of energy by means of suitable apparatus. This includes all generating station auxiliaries and other associated equipment required for the operation of the plant.

“Predecision hearing, open record” means a hearing, conducted by the hearing examiner, that creates the County’s record through testimony and submittal of evidence and information, under procedures prescribed by the County by ordinance or resolution. An open record predecision hearing may be held prior to the County’s decision on a project permit (RCW 36.70B.020).

“Preservation” means actions taken to ensure the permanent protection of existing, ecologically important areas that the County has deemed worthy of long-term protection.

“Primary association” means the use of a habitat area by a listed or priority species for breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a frequent and/or regular basis during the appropriate season(s) as well as habitats that are used less frequently/regularly but which provide for essential lifecycle functions such as breeding/nesting/spawning.

“Primary structure” means the structure(s) that comprise the primary use of the property.

“Primary use” means the principal use of a property. For example, on a lot of record developed with only a single-family residence and accessory uses the primary use would be residential.

“Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: Comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important fish and wildlife breeding habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife (WAC 173-26-020).

“Priority species” means wildlife species of concern due to their population status and their sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife.

“Prohibited use” means any use or activity which is specifically not allowed by this Program. A prohibited use cannot be authorized through a variance or conditional use permit.

“Project” means any proposed or existing activity regulated by Clallam County.

“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title insurance policy insuring the status of an applicant as the owner in fee title to real property.

“Proponent” means the owner, sponsor, authorized agent and/or permit applicant of any proposed use or development on or affecting shorelines of the State.

“Provision” means any written language contained in this Program, including without limitation any definition, policy, goal, regulation, requirement, standard, authorization, or prohibition.

“Public access” means physical shoreline access that is either lateral (areas paralleling the shore) or perpendicular (an easement or public corridor to the shore), and/or visual shoreline access facilitated by scenic roads and overlooks, viewing towers and other facilities. Public access can be established by easement or other means and may not always include a facility or structure. Public access is one goal of the Shoreline Management Act that supports the public’s right to get to view and use the State’s public waters, both saltwater and freshwater, the water/land interface and associated shoreline area.

“Public facilities (and services)” means facilities which serve the general public including streets, roads, ferries, sidewalks, street and road lighting systems, traffic signals, community water systems, community sewage treatment systems, storm sewer systems, parks and recreational facilities, and libraries (see RCW 36.70A.030). Some public facilities are essential public facilities.

“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 including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from adverse impacts of a use or development.

“Public transportation systems” means public facilities for air, water, or land transportation.

“Public use” means the use of any land, water, or building by a public agency for the general public, or by the public itself.

“Public utility” means a use owned or operated by a public or publicly licensed or franchised agency that provides essential public services such as telephone exchanges, electric substations, radio and television stations, wireless communications services, gas and water regulation stations and other facilities of this nature.

“Qualified geotechnical engineer” means a professional engineering geologist or geotechnical engineer, licensed in the State of Washington.

“Qualified professional” or “qualified consultant” means a person with experience and training and expertise appropriate for the relevant subject. A qualified professional/consultant must have obtained a B.S. or B.A. degree, a professional license/certification and/or have appropriate education and experience in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field.

“RCW” means the Revised Code of Washington.

“Reach” means a segment of shoreline and associated planning area that is mapped and described as a unit due to relatively homogenous characteristics that include land use and/or natural features, such as a drift cell location and other factors.

“Recharge” means the hydrologic process involved in the absorption and addition of water downward from surface waters and subsurface areas above the ground water table into ground water.

“Recording” means the filing of a document(s) for recordation with the County Auditor.

“Recreational development” means development that includes commercial and public facilities designed and used to provide recreational opportunities to the public.

“Recreational use” means an experience or activity that facilitates public access to shorelines of the State, including but not limited to parks, marinas, piers, and other improvements. Examples of shore-based recreation include: fishing, hunting, clamming, beachcombing, and rock climbing; various forms of boating, swimming, hiking, bicycling, horseback riding, camping, picnicking, watching or recording activities such as photography, painting, bird watching or viewing of water or shorelines, nature study and related activities.

“Reestablishment” means measures taken to intentionally restore an altered or damaged natural feature or process including:

“Rehabilitation” means a type of restoration action intended to repair natural or historic functions and processes. Activities could involve breaching a dike to reconnect wetlands to a floodplain or other activities that restore the natural water regime.

“Residential development” means development of land with dwelling units for nontransient occupancy. For the purposes of this Program, accessory dwelling units, garages, and other similar structures accessory to a dwelling unit shall also be considered residential development (see also “Accessory dwelling unit”). Residential development also includes multifamily development and the creation of new residential lots through land division.

“Resource lands” means agricultural, forest, and mineral lands that have long-term commercial significance as identified in Chapter 33.07 CCC (Clallam County Zoning).

“Restoration” means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of fill, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

“Restriction” means a limitation placed upon the use of parcel(s) of land.

“Revetment” means a sloped wall constructed of rip-rap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement.

“Rip-rap” means dense, hard, angular rock free from cracks or other defects conducive to weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes.

“Riparian corridor” or “riparian zone” means the area adjacent to a water body (stream, lake or marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area and/or fish and wildlife habitat by providing shade, fine or large woody material, nutrients, organic debris, sediment filtration, and terrestrial insects (prey production). Riparian zones include those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., zone of influence). Riparian zones provide important wildlife habitat. They provide sites for foraging, breeding and nesting; cover to escape predators or weather; and corridors that connect different parts of a watershed for dispersal and migration. Buffers are specified by this Program to provide protection for riparian zones.

“River” means a large natural stream of water emptying into any ocean, lake, or other body of water, and usually fed along its course by converging tributaries.

“Road” means an improved and maintained public or private right-of-way which provides vehicular access to abutting properties, and which may also include provision for public utilities, pedestrian access, cut and fill slopes, and drainage.

“Runoff” means that portion of rainfall and other precipitation that becomes surface flow and interflow and that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water.

“Rural lands” means the class of land use designations which are intended to preserve the rural character of the County. Rural land designations in the Comprehensive Plan and CCC Title 33 (Clallam County Zoning) include the following: rural residential, rural commercial and rural industrial.

“Rural residential designation” means the land use designation in the Comprehensive Plan designed to recognize existing residential development patterns of the rural landscape and provide for a variety of residential living opportunities at densities which maintain the primarily rural residential character of an area.

“Sale” means the conveyance for consideration of legal or beneficial ownership.

“Salt water intrusion” means the underground flow of salt water into wells and aquifers.

“Scientific and educational facilities” means those sites, structures, or facilities that provide unique insight into our natural and cultural heritage.

“Screening” means a method of visually shielding or obscuring a structure or use from view by fencing, walls, trees, or densely planted vegetation.

“Seawall” means a structure whose primary purpose is to protect the shore from erosion by water waves. Seawalls are similar but typically more massive than bulkheads because they are designed to resist the full force of waves.

“Seaward” means to or toward the sea.

“Sediment input” means the delivery of sediment from bluff, stream, and marine sources into the nearshore. Depending on landscape setting, inputs can vary in scale from acute, low-frequency episodes (hillslope mass wasting from bluffs) to chronic, high-frequency events (some streams and rivers). Sediment input interacts with sediment transport to control beach structure.

“Sediment transport” means bedload and suspended transport of sediments and other matter by water and wind along (longshore) and across (cross-shore) the shoreline. The continuity of sediment transport strongly influences the longshore structure of beaches.

“Sedimentation” means the process by which material is transported and deposited by water or wind.

“Segment” means a section of shoreline and associated planning area that is mapped and described as a unit due to relatively homogenous characteristics that include land use and/or natural features, such as a drift cell location and other factors. “Segment” is synonymous with reach.

“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, surface faulting, or tsunamis. Lands meeting the following classifications shall be designated as seismic hazard areas:

“Setback” means the distance a building structure is placed behind a specified limit such as a lot line or shoreline buffer.

“Shall” means a mandate; the action must be done.

“Shellfish” means invertebrate organisms of the phyla Arthropoda (class Crustacea), Mollusca (class Pelecypoda) and Echinodermata.

“Shellfish habitat conservation areas” are all public and private tidelands suitable for shellfish, as identified by the Washington Department of Health classification of commercial growing areas, and those recreational harvest areas as identified by the Washington Department of Ecology as designated as Shellfish Habitat Conservation Areas pursuant to WAC 365-190-080. Any area that is or has been designated as a Shellfish Protection District created under Chapter 90.72 RCW is also a shellfish habitat conservation area.

“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 wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 173-22 WAC, as may be amended; the same to be designated as to location by the Department of Ecology, as defined by Chapter 90.58 RCW. For the purposes of this Program, shorelands also includes the full extent of the mapped 100-year floodplain pursuant to RCW 90.58.030(2)(d)(i), and also extends to all lands necessary for buffers to protect critical areas that are overlapping or otherwise coincident with the shoreline jurisdiction pursuant to RCW 90.58.030(2)(d)(ii).

“Shoreline armoring” or “structural shoreline armoring” refers to the placement of bulkheads and other hard structures on the shoreline to provide stabilization and reduce or prevent erosion caused by wave action, currents and/or the natural transport of sediments along the shoreline. Groins, jetties, breakwaters, revetments, seawalls are examples of other types of shoreline armoring.

“Shoreline conditional use permit” means a permit issued by Clallam County and approved by Ecology stating that the land uses and activities meet all criteria set forth in this Program, and all conditions of approval in accordance with the procedural requirements of this Program.

“Shoreline jurisdiction” means the jurisdiction of this Program as described in CCC 35.05.080.

“Shoreline Management Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended.

“Shoreline Master Program (SMP or Program)” means the Clallam County Shoreline Master Program, CCC Title 35.

“Shoreline modification activities” means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a bulkhead, dock or other shoreline structure. They can include other actions, such as clearing, grading, or filling.

“Shoreline permit” means a shoreline substantial development permit, a shoreline conditional use permit, or a shoreline variance, or any combination thereof issued by Clallam County pursuant to Chapter 90.58 RCW.

“Shoreline stabilization” means hard and soft structural and nonstructural modifications to the existing shoreline intended to reduce or prevent erosion of uplands or beaches and/or influence wave action, currents and/or the natural transport of sediments along the shoreline. This includes use of bulkheads and concrete walls as well as bioengineering and other forms of vegetative stabilization. See also “Bioengineering.”

“Shorelines” means all of the water areas of the State as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:

“Shorelines of statewide significance” with respect to Clallam County are identified as follows:

“Shorelines of the State” means the total of all shorelines and shorelines of statewide significance within Washington State.

“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the County Auditor, and containing all elements and requirements set forth in CCC Titles 29 (Subdivisions) and 33 (Zoning).

“Should” means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Act and this Program, against taking the action.

“Sign” means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Excluded from this definition are signs required by law, such as handicapped parking signs, and the flags of national and state governments. This definition includes commercial signs.

“Significant vegetation removal” means the removal or alteration of multiple trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical, or other means, where the amount, extent or nature of the removal activity causes an adverse impact on shade, slope stability, habitat, water quality or other ecological functions provided by vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.

“Single-family residence” means a detached dwelling designed for and occupied by no more than one family, including those structures and developments within a contiguous ownership which are a normal appurtenance. An “appurtenance” is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield; and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark.

“Slope” means:

“Small-scale” means of a size or intensity which does not substantially degrade the surrounding area and which makes minimal demands on the existing infrastructure.

“Soil” means all unconsolidated materials above bedrock described in the Natural Resources Conservation Service Classification System or by the Unified Soils Classification System.

“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except wastes identified in WAC 173-304-015, including, but not limited to, junk vehicles, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities, but excluding agricultural wastes and crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials which are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations shall be considered solid waste.

“Solid waste handling and disposal facilities” means any land or structure where solid waste is stored, collected, transported, or processed in any form, whether loose, baled or containerized, including but not limited to the following: transfer stations, landfills, or solid waste loading facilities. Solid waste handling and disposal facilities do not include the following: handling or disposal of solid waste as an incidental part of an otherwise permitted use; and solid waste recycling and reclamation activities not conducted on the same site as an accessory to the handling and disposal of garbage and refuse.

Special Flood Hazard. The land area covered by the floodwaters of the base flood is the special flood hazard area (SFHA) on National Flood Insurance Program (NFIP) rate maps. The SFHA is the area where the NFIP’s floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V.

“Spit” means an accretion shoreform that is narrow in relation to length and extends parallel to or curves outward from shore; spits are also characterized by a substantial wave-built sand and gravel berm on the windward side, and a more gently sloping silt or marsh shore on the lagoon or leeward side; curved spits are called hooks.

“Statement of exemption” means a written statement by the Administrator that a particular development proposal is exempt from the substantial development permit requirement and is consistent with this Program (see also “Substantial development”).

“Stormwater” means rain or snow melt that does not naturally infiltrate into the ground but runs off surfaces such as rooftops, streets, or lawns, directly or indirectly, into streams and other water bodies or through constructed infiltration facilities into the ground.

“Stream” means an area where surface waters produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the annual passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales. The channel or bed need not contain water year round. This definition includes drainage ditches or other artificial watercourses where natural streams existed prior to human alteration, and/or the waterway is used by anadromous or resident salmonid or other fish populations.

“Strict construction” means an interpretation that considers only the literal words of a writing.

“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). Retaining walls, bulkheads, fences, landscaping walls/decorative rockeries, mussel racks, and similar improvements to real property are examples of structures. Geoduck harvest tubes are not considered structures for purposes of this Program.

“Subdivision” means the division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

“Substantial development” means any development of which the total cost or fair market value exceeds the inflation-adjusted value threshold set by the Washington State Office of Financial Management at the time of permit application, or any development which materially interferes with the normal public use of water or shorelines of the State; except the classes of development specifically listed under RCW 90.58.030(3)(e) and WAC 173-27-040.

“Substantially degrade” means to cause noticeable damage or harm to an area’s ecological condition or function. An action is considered to substantially degrade the environment under any of the following criteria:

“Subtidal” means the area waterward of the line of extreme low tide.

“Sustainable” means actions or activities which preserve and enhance resources for future generations.

“Terrestrial habitat conservation areas” means the subset of fish and wildlife habitat conservation areas listed in WAC 365-190-130 that occur on land.

“Threatened species” means a species that is likely to become an endangered species within the foreseeable future, as classified by the Washington Department of Fish and Wildlife, the Department of Natural Resources, Washington Natural Heritage Program, or the federal Endangered Species Act.

“Threshold determination” means the decision by the responsible official of the lead agency under the State Environmental Policy Act (SEPA) whether or not an environmental impact statement (EIS) is required for a proposal that is not categorically exempt (WAC 197-11-310 and 197-11-330(1)(b)).

“Toe” means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc.

“Transportation uses and developments” means roads, rails, trails, and other surfaces and facilities designed to accommodate movement of motorized and nonmotorized vehicles and pedestrians.

“Type F water” means streams and water bodies that are known to be used by fish, or meet the physical criteria to be potentially used by fish. Fish streams may or may not have flowing water all year; they may be perennial or seasonal (formerly Type 2 or 3).

“Type Np water” means streams that have flow year round, but do not meet the physical criteria of a Type F stream. This also includes streams that have been proven not to contain fish using methods described in Forest Practices Board Manual Section 13 (formerly Type 4).

“Type Ns water” means streams that do not have surface flow during at least some portion of the year, and do not meet the physical criteria of a Type F stream (formerly Type 5).

“Type S water” means streams and water bodies that are designated “shorelines of the State” as defined in RCW 90.58.030 (formerly Type 1).

“Unavoidable” means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented.

“Uplands” means dry lands landward of ordinary high water mark.

“Urban growth area” means an area designated by the County within which urban growth is to be encouraged and outside of which growth is not intended to be urban in nature. (Chapter 36.70A RCW.)

“Use” means the purpose that a parcel of land, a building or a structure now serves or may serve in the future. This includes the purpose for which such parcel, building or structure is or may be occupied, maintained, arranged, designed, or intended.

“Utility” means a fixed improvement which produces, conveys, stores or processes power, gas, sewage, communications, oil, waste, water, stormwater, and communication signals.

“Utility facilities” means facilities directly used for the distribution or transmission of services to an area, excluding utility service offices.

“Utility lines” means pipes, wires, and associated structural supports.

“Variance (or shoreline variance) permit” means a type of permit that can provide relief from the specific bulk, dimensional, or performance standards of this Program, but not available as a means to vary from the uses allowed on a shoreline. A variance may only be granted when all of the criteria listed at WAC 173-27-170 are met. The variance is intended to allow only a minimum degree of variation from setback or other standards, just enough to afford relief and to allow a reasonable use of a property. Variances approved by Clallam County must also be approved, denied, or approved with conditions by Ecology.

“Vessel” means a floating structure that is designed primarily for navigation, is normally capable of self propulsion and used as a means of transportation, and meets all applicable laws and regulations pertaining to navigation and safety equipment on vessels, including, but not limited to, registration as a vessel by an appropriate government agency as per WAC 332-30-103.

“View protection” means protection of the visual quality of the shoreline resource and maintenance of view corridors to and from waterways and their adjacent shoreland features.

“WAC” means the Washington Administrative Code.

“Water-dependent use” means a use or portion of a use that requires direct contact with the water and cannot exist at a nonwater location due to the intrinsic nature of its operations. Ferry terminals, public fishing piers, aquaculture, and marinas are examples of water-dependent uses. Residential development is not a water-dependent use but is a priority use of shorelines of the State (RCW 90.58.020).

“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. A restaurant or similar use may qualify as a water-enjoyment use provided it includes public access to the shoreline.

“Water-oriented use” means any one or a combination of water-dependent, water-related or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Act.

“Water quality” means the physical, chemical and biological characteristics of water. Water quality is a measure of the condition of water relative to the requirements of humans and other biotic species. Water quality is typically assessed in terms of specific standards for drinking water, shellfish harvest, recreation, fish production, and other beneficial uses.

“Water-related use” means a use or portion of a use that is not intrinsically dependent on a waterfront location but depends upon a waterfront location for economic viability because of one of the following:

“Watershed” means a geographic region within which water drains into a particular river, stream or body of water.

“Weir” means a structure in a stream or river for measuring or regulating stream flow and/or for directing fish movement for passage, fisheries, or scientific research purposes.

“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 for nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands intentionally created from nonwetland areas as mitigation (e.g., to mitigate the conversion of wetlands) and wetlands modified for approved land use activities shall be considered as wetlands for the purposes of this Program.

“Wind energy system (WES)” means a wind energy conversion system, consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware.

“Wind throw” means a natural process by which trees are uprooted or sustain severe trunk damage by the wind.