23.60A.944

"WAC" means the Washington Administrative Code, which are regulations of executive branch agencies issued by authority of Washington State statutes that interpret the statutes. "Water-dependent use" means a use that cannot exist in other than a waterfront location and is dependent on the water by reason of the intrinsic nature of its operations. The following uses are included: Ferry and passenger terminals, marine construction and repair, aquaculture, cargo terminal for marine commerce or industry, boat launch facilities, moorage, sale or rental of large boats, tour boats, cruise ships, tug and barge operations, recreation that provides physical access to the water, limnological or oceanographic research facilities that require the use of the adjacent water for its operation. Water-dependent use includes businesses that receive or transport 50 percent or more product or material used in the business via the water adjacent to such business. The following uses and similar uses are not water-dependent: offices, eating and drinking establishments, catering services, non-marine sales and service, lodging, adult care centers, child care centers, religious facilities, hospitals, and residential uses. "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 that 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. The following uses are often considered water-enjoyment uses: eating and drinking establishments and recreation that provides visual access to the water. "Water-oriented use" means a use that is a water-dependent, water-related, or water-enjoyment use, or a combination of such uses. "Water quality" means the physical characteristics of water within the Shoreline District, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. "Water-related use" means a use or portion of a use not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a location in the shoreline district because: 1. The use has a functional requirement for a waterfront location, such as the arrival or shipment of a substantial portion of up to 50 percent of product or materials arrive by vessel, or the need for large quantities of water in the use; or 2. The storage of material that is transported by a vessel and is either loaded or off-loaded in the Shoreline District; or 3. The use provides a necessary service supportive of water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. The following uses, and similar uses, are often considered water-related: Seafood and fish processing, lumber and plywood mills, sand and gravel companies and concrete mix and cement plants if a substantial portion of up to 50 percent of product or materials for any of the foregoing uses arrive by vessel, water pollution control services, marine electronics, marine refrigeration, marine sales, boat rigging operations and storage of items that have come off of a vessel and will be returned to a vessel or transported to another location; such as, cargo containers and products. The following uses and similar uses are not water-related: offices, eating and drinking establishments, catering services, non-marine sales and service, lodging, adult care centers, child care centers, religious facilities, hospitals, and residential uses. "Watershed restoration plan" means a plan developed or sponsored by the Washington Department of Fish and Wildlife, the State Department of Ecology, the State Department of Natural Resources, the State Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to RCW 43.21, the State Environmental Policy Act. "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or part of the plan and consists of one or more of the following activities: 1. A project that involves less than 10 miles of stream reach, in which less that 25 cubic yards of sand, gravel or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; 2. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or 3. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. "Waterway" means a public highway for watercraft providing access from land to water and from water to land platted by the Washington State Harbor Line Commission for the convenience of commerce and navigation. "WDFW" means Washington Department of Fish and Wildlife. "Weed rolling" means the use of a mechanical roller designed to control aquatic weeds. "Weir" means a structure in a stream or river for measuring or regulating stream flow. "Wetlands" means those areas identified and delineated in accordance with the approved federal wetland delineation manual and applicable regional supplements. "Wharf" See "pier." "Wildlife" means living things that are neither human nor domesticated, including but not limited to mammals, birds and fishes. "WRIA" means Water Resource Inventory Area. (Ord. 124750 , § 76, 2015; Ord. 124105 , § 3, 2013.)