“Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine environment, such as salmon, steelhead, sea-run cutthroat, and bull trout.

“Applicant” means the person, party, firm, corporation, or other entity that proposes or has performed any activity that affects a critical area.

“Aquifer” means, generally, any water bearing soil or rock unit. Specifically, a body of soil or rock that contains sufficient saturated permeable material to conduct groundwater and yield economically significant quantities of groundwater to wells or springs.

“Aquifer recharge area” means areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.

“Artificially created wetlands” means wetlands created from nonwetland sites through purposeful, legally authorized human action, such as irrigation and drainage ditches, grass-lined swales, canals, retention or detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities.

Best Available Science. As defined in the Procedural Criteria for Adopting Comprehensive Plans and Development Regulations for Best Available Science at WAC 365-195-900, et seq.

“Buffer or buffer area, critical area” means a naturally vegetated, undisturbed, enhanced or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, and is an integral part of the resource’s ecosystem.

“City” means the city of Auburn.

“Clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site, which exposes the earth’s surface of the site, or any actions which disturb the existing ground surface.

“Comprehensive plan” means the city of Auburn comprehensive plan as now adopted or hereafter amended.

“Critical area report” means a report prepared by a qualified consultant to determine the presence, type, class, size, function and/or value of an area subject to these regulations. Also see “Stream or wetland reconnaissance report,” “Wetland impact assessment report” and “Wildlife report.”

“Critical areas” or “environmentally sensitive areas” means areas that possess important natural functions and embody a variety of important natural and community values. Such areas include wetlands, streams, fish and wildlife habitat, geologically hazardous areas, aquifer recharge areas, and flood hazard areas. If not conducted properly, development or alteration of such areas may cause significant impacts to the valuable functions and values of these areas and/or may generate risks to the public health and general welfare, and/or to public and private property.

“Critical erosion hazard areas” means lands or areas underlain by soils identified by the U.S. Department of Agriculture Soil Conservation Service (SCS) (now known as the Natural Resources Conservation Service) as having “severe” or “very severe” erosion hazards. This includes, but is not limited to, the following group of soils when they occur on slopes of 15 percent or greater: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD). Additional soil groups may be identified through site-specific analysis.

“Critical geologic hazard areas” means lands or areas subject to high or severe risks of geologic hazard, including critical erosion hazard areas, critical landslide hazard areas, critical volcanic hazard areas, and critical seismic hazard areas.

“Critical habitat” or “critical wildlife habitat” means habitat areas associated with threatened, endangered, or sensitive species of plants or wildlife (pursuant to WAC 232-12-297(2.4), (2.5) and (2.6)) and which, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term.

“Critical landslide hazard areas” means lands or areas where there is a high (Class III) or very high (Class IV) risk of landslide due to a combination of slope, soil permeability, and water.

“Critical seismic hazard areas” means lands or areas where there is a high risk of seismic events and damage.

“Delineation manual,” “wetland delineation manual,” or “wetland delineation methodology” means the methodology used for identification of wetlands and delineation of their boundaries and shall be done in accordance with the approved federal wetland delineation manual and the Western Mountains, Valleys, and Coast Regional supplement, as required by WAC 173-22-035.

“Department” means the city of Auburn department of community development or successor agency, unless the context indicates a different city department.

“Director” means the director of the city of Auburn department of community development or successor agency.

“Earth/earth material” means naturally occurring rock, soil, stone, sediment, or combination thereof.

“Enhancement” means the improvement of an existing viable wetland, stream or habitat area or the buffers established for such areas, through such measures as increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, increasing structural diversity or removing plant or animal species that are not indigenous to the area. Enhancement also includes actions performed to improve the quality of an existing degraded wetland, stream, or habitat area. See also “Restoration.”

“Erosion” means a process whereby wind, rain, water, and other natural agents mobilize and transport soil particles.

“Erosion hazard areas” means lands or areas that, based on a combination of slope inclination and the characteristics of the underlying soils, are susceptible to varying degrees of risk of erosion. Erosion hazard areas are classified as “low” (areas sloping less than 15 percent) or “high” (areas sloping 15 percent or more) on the following Soil Conservation Service (SCS), now known as the Natural Resources Conservation Service (NRCS), soil types: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD) and Indianola (InD). Additional soil groups may be identified through site-specific analysis.

“Excavation” means the removal or displacement of earth material by human or mechanical means.

“Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock. Such activity must have been in existence as of July 1, 1990 (the effective date of the Growth Management Act). The definition includes, but is not limited to, operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities or crops, and normal operation, maintenance or repair of existing serviceable structures, facilities, or improved areas. Activities, which bring an area into agricultural use from a previous nonagricultural use, are not considered part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition.

“Exotic” means any species of plant or animal that is foreign and not indigenous to the lower Puget Sound area.

“Fill/fill material” means a deposit of earth material placed by human or mechanical means.

“Filling” means the act of transporting and placing (by any manner or mechanism) fill material from, to, or on any surface water body or wetland, soil surface, sediment surface, or other fill material.

“Geologically hazardous areas” means areas characterized by geologic, hydrologic, and topographic conditions that render them susceptible to erosion, sliding, earthquake, or other geological events.

“Geotechnical report” means a report prepared in accordance with the city’s engineering design standards.

“Grading” means any excavating, filling, clearing, leveling or contouring of the ground surface by human or mechanical means.

“Groundwater protection areas” means land areas designated by the city beneath which groundwater occurs that is a current or potential future source of drinking water for the city. Please see the definition of “aquifer recharge areas” for additional regulated areas.

“Habitat management” means management of land and its associated resources/features to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases.

“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in Chapter 173-303 WAC or Chapter 70.105 RCW.

“In-kind wetland mitigation” means replacement of wetlands with wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity.

“Injection well” means a well that is used for the subsurface emplacement of fluids. (From WAC 173-218-030.)

“Intentionally created streams” means streams created through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. This definition does not include stream modifications performed pursuant to city authorization, such as changes or redirection of stream channels.

“Lahar” means mudflows or debris flows associated with volcanic activity and which pose a threat to life, property, and structures.

“Landslide” means episodic downslope movement of a mass of soil or rock.

“Landslide hazard areas” means areas that, due to a combination of slope inclination, relative soil permeability, and hydrologic conditions are susceptible to varying degrees of risk of landsliding. Landslide hazard areas are classified as Classes I through IV based on the degree of risk as follows:

The slopes referenced above include only those where the surface drops 10 feet or more vertically within a horizontal distance of 25 feet.

“Mature and old-growth forested wetlands” means wetlands containing mature or old-growth forested areas, generally requiring a century or more to develop. These systems represent two priority habitats, as defined by the Washington State Department of Fish and Wildlife.

“Mitigation” means activities which include:

While monitoring without additional actions is not considered mitigation for the purposes of these regulations, it shall be part of a comprehensive mitigation program.

“Mitigation sequencing” means considering or performing mitigation actions, as defined in the definition of “mitigation,” in a preferred sequence from (1) through (6). Avoidance is preferred and must be considered prior to pursuing other forms of mitigation.

“Native” means any species of plant or animals which are or were indigenous to the lower Puget Sound area.

“Natural heritage wetlands” means wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality, relatively undisturbed wetlands, or wetlands that support state-listed threatened or endangered plants.

“Off-site mitigation” means performance of mitigation actions, pursuant to standards established in this chapter, on a site or in an area other than that proposed for conduct of a regulated activity.

“Out-of-kind mitigation” means replacement of wetlands or habitat with substitute wetlands or habitat whose characteristics do not closely approximate those adversely affected, destroyed, or degraded by a regulated activity.

“Permanent erosion control” means continuous on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants after development, construction, or restoration.

“Plant association of infrequent occurrence” means one or more plant species which because of the rarity of the habitat and/or the species involved, or for other botanical or environmental reasons, do not often occur in the city of Auburn. Examples include but are not limited to:

“Qualified consultant,” for purposes of these regulations, shall mean a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g., biology, ecology, or horticulture/arboriculture for wetlands, streams, wildlife habitat, and geology and/or civil engineering for geologic hazards, and hydrogeologist for aquifer recharge areas), and/or who is professionally trained and/or certified or licensed by the state of Washington to practice in the scientific disciplines necessary to identify, evaluate, manage, and mitigate impacts to the critical area in question. In addition, a qualified consultant for wetlands and streams must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetland reports, conducting function assessments, and development and implementing mitigation plans. A qualified consultant for aquifer recharge areas must be a currently licensed Washington State geologist holding a current specialty license in hydrogeology.

“Reasonable use” means a legal concept articulated by federal and state courts in regulatory taking cases.

“Regulated activities” means activities that have a potential to significantly impact a critical area that is subject to the provisions of this chapter. Regulated activities generally include, but are not limited to, any filling, dredging, dumping or stockpiling, release of contaminants to soil or water, draining, excavation, flooding, clearing or grading, construction or reconstruction, driving pilings, obstructing, clearing, or harvesting.

“Restoration” means actions taken to re-establish wetland, stream or habitat functional values, and the characteristics that have been destroyed or degraded by past alterations (e.g., filling or grading). See also “Enhancement.”

“Salmonids” means the family of fish which includes salmon, trout, and char.

“Secondary habitat” means areas that offer less diversity of animal and plant species than critical habitat but are important for performing the essential functions of habitat.

“Seismic hazard areas” means areas that, due to a combination of soil and groundwater conditions, are subject to risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow groundwater table, and are typically located on the floors of river valleys.

“Site” means the location containing a regulated critical area and on which a regulated activity is proposed. The location may be a parcel or portion thereof, or any combination of contiguous parcels where a proposed activity may impact a critical area.

“Slope” means an inclined earth surface, the incline of which is expressed as the ratio of horizontal distance to vertical distance. The slopes referenced above include only those where the surface drops 10 feet or more vertically within a horizontal distance of 25 feet.

“Sole source aquifer” means an area formally designated as such by the U.S. Environmental Protection Agency under the federal Safe Drinking Water Act.

“Spring” means a source of water where an aquifer comes in contact with the ground surface.

“Stream or wetland reconnaissance report” means a type of critical area report prepared by an applicant’s qualified consultant to describe a stream or wetland and to characterize its conditions, source of hydrologic support, wildlife, habitat values and water quality. The report may also include an analysis of impacts but generally does not include adequate impact assessment and definition of a mitigation proposal sufficient to meet all the requirements of a more comprehensive critical areas report.

“Streams” means those areas where surface waters produce a defined channel or bed that demonstrates clear evidence of the 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 is not intended to include artificially created irrigation ditches, canals, storm or surface water devices, or other entirely artificial watercourses unless they are used by salmonids or created for the purposes of stream mitigation.

“Structural diversity, vegetative” means the relative degree of diversity or complexity of vegetation in a wildlife habitat area as indicated by the stratification or layering of different plant communities (e.g., ground cover, shrub layer and tree canopy), the variety of plant species and the spacing or pattern of vegetation.

“Substrate” means the soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland, lake, stream, or river.

“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration.

“Tertiary habitat” means habitat that supports some wildlife but does not satisfy the definition of secondary or critical habitat.

“Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or trunk with a definite crown, and maturing at a height of at least six feet above the ground.

“Tree base fee” means the current cost of the tree based on species and minimum code required installation size, installation (labor and equipment), maintenance for two years and fund administration.

“Utility” includes natural gas, electric, telephone and telecommunications, cable communications, water, sewer or storm drainage and their respective facilities, lines, pipes, mains, equipment and appurtenances.

“Variance” means permission to depart from the requirements of the specific regulations of this title for a particular piece of property.

“Volcanic hazard areas” means areas identified by the U.S. Geological Survey (maps dated 1998 or as hereafter revised) as subject to a risk of large lahars with a recurrence interval of 500 to 1,000 years.

“Water dependent use” means a principal use which can only exist when the land/water interface provides biological or physical conditions necessary for the use.

“Wellhead protection area” means the portion of a well’s, wellfield’s or spring’s zone of contribution within the 10-year time of travel boundary, or boundaries established using alternate criteria approved by the State Department of Health in those settings where groundwater time of travel is not a reasonable delineation criterion.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from 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 may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. (Definition taken from RCW 36.70A.030(23).)

“Wetland impact assessment report” means a report prepared by a qualified consultant that identifies, characterizes and analyzes potential impacts to wetlands consistent with applicable provisions of these regulations. A wetland impact assessment may be combined with and include a formal wetland delineation.

“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water.

“Wildlife report” means a report prepared by a qualified consultant that evaluates plant communities and wildlife functions and values on a site, consistent with the format and requirements established by this chapter. The report also includes an analysis of impacts. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6287 § 2, 2010; Ord. 5894 § 1, 2005.)