Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-27 - Shoreline management permit and enforcement procedures › Part I - PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE › Section 173-27-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply:
(1) "Act" means chapter 90.58 RCW, the
				Shoreline Management Act of 1971, as amended;
(2) "Applicable master program" means the
				master program approved or adopted by the department pursuant to
				RCW
				90.58.090(6) or
				90.58.190(4)
				prior to acceptance of a complete application by local government;
(3) "Average grade level" means the average
				of the natural or existing topography of the portion of the lot, parcel, or
				tract of real property which will be directly under the proposed building or
				structure: In the case of structures to be built over water, average grade
				level shall be the elevation of the ordinary high water mark. Calculation of
				the average grade level shall be made by averaging the ground elevations at the
				midpoint of all exterior walls of the proposed building or structure;
(4) "Conditional use" means a use,
				development, or substantial development which is classified as a conditional
				use or is not classified within the applicable master program;
(5) "Department" means the department of
				ecology;
(6) "Development" means a
				use consisting of the construction or exterior alteration of structures;
				dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals;
				bulkheading; driving of piling; placing of obstructions; or any project of a
				permanent or temporary nature which interferes with the normal public use of
				the surface of the waters overlying lands subject to the act at any stage of
				water level. "Development" does not include dismantling or removing structures
				if there is no other associated development or redevelopment;
(7) "Exempt" developments are those set forth
				in WAC 173-27-040 and
				RCW
				90.58.030(3)(e),
				90.58.140(9),
				90.58.147,
				90.58.355, and
				90.58.515 which are not required
				to obtain a substantial development permit but which must otherwise comply with
				applicable provisions of the act and the local master program;
(8) "Fair market value" of a development is
				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;
(9)
				"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;
(10) "Local
				government" means any county, incorporated city, or town which contains within
				its boundaries any lands or waters subject to chapter 90.58 RCW;
(11) "Natural or existing topography" means
				the topography of the lot, parcel, or tract of real property immediately prior
				to any site preparation or grading, including excavation or filling;
(12) "Party of record" includes 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 and who have provided an address for
				delivery of such notice by mail;
(13) "Permit" means any substantial
				development, variance, conditional use permit, or revision authorized under
				chapter 90.58 RCW;
(14) "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 a use or
				development;
(15) "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;
(16) "Transmit" means to
				send from one person or place to another by mail or hand delivery. The date of
				transmittal for mailed items is the date that the document is certified for
				mailing or, for hand-delivered items, is the date of receipt at the
				destination;
(17) "Variance" is a
				means to grant relief from the specific bulk, dimensional or performance
				standards set forth in the applicable master program and not a means to vary a
				use of a shoreline;
(18) "Vessel"
				includes ships, boats, barges, or any other floating craft which are designed
				and used for navigation and do not interfere with the normal public use of the
				water;
(19) The definitions and
				concepts set forth in
				RCW
				90.58.030, and chapters 173-20, 173-22, and
				173-26 WAC also apply as used in this chapter.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-27-030, filed 9/30/96,
					 effective 10/31/96.