Current through Register Vol. 24-06, March 15, 2024
The following criteria contain the standards for the
department's designation of shoreland areas associated with shorelines of the
state which are subject to the jurisdiction of chapter 90.58 RCW:
(1) Tidal waters. The shoreland area shall
include:
(a) Those lands which extend landward
two hundred feet as measured on a horizontal plane from the ordinary high water
mark; and
(b) Those wetlands which
are in proximity to and either influence or are influenced by the tidal water.
This influence includes but is not limited to one or more of the following:
Periodic tidal inundation; hydraulic continuity; formation by tidally
influenced geohydraulic processes; or a surface connection through a culvert or
tide gate;
(2) Lakes.
The shoreland area shall include:
(a) Those
lands which extend landward two hundred feet as measured on a horizontal plane
from the ordinary high water mark; and
(b) Those wetlands which are in proximity to
and either influence or are influenced by the lake. This influence includes but
is not limited to one or more of the following: Periodic inundation or
hydraulic continuity;
(3) Streams. The shoreland area shall include
the greater of:
(a) Those lands which extend
landward two hundred feet as measured on a horizontal plane from the ordinary
high water mark;
(b) Those flood
plains which extend landward two hundred feet as measured on a horizontal plane
from the flood-way: Provided, that local government may, at its discretion,
include all or a larger portion of the one hundred-year flood plain within the
associated shorelands. Designation of this shoreland area shall be in
accordance with chapter 173-26 WAC, the state master program. If the applicable
master program does not designate the shoreland area for a stream, it shall be
designated under the rules which applied at the time of adoption by the
department;
(c) Those wetlands
which are in proximity to and either influence or are influenced by the stream.
This influence includes but is not limited to one or more of the following:
Periodic inundation; location within a flood plain; or hydraulic continuity;
and
(d) Those lands within a river
delta flood plain except for 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.
Statutory Authority:
RCW
90.58.030(3)(e),
90.58.045,
90.58.065,
90.58.140(9),
90.58.143,
90.58.147,
90.58.200,
90.58.355, 90.58.390,
90.58.515,
43.21K.080,
71.09.250,
71.09.342,
77.55.181,
89.08.460,
chapters
70.105D,
80.50 RCW. 07-02-086 (Order 05-12),
§ 173-22-040, filed 1/2/07, effective 2/2/07. Statutory Authority:
RCW
90.58.140(3) and[90.58].200
. 97-04-076 (Order 96-12), § 173-22-040, filed 2/5/97, effective 3/8/97.
Statutory Authority:
Chapter
90.58 RCW. 86-12-011
(Order 86-06), § 173-22-040, filed 5/23/86. Statutory Authority:
RCW
90.58.030,
90.58.120 and
90.58.200. 85-09-043 (Order DE
85-05), § 173-22-040, filed 4/15/85. Statutory Authority:
RCW
90.58.030(2)(f),
90.58.120, and
90.58.200. 80-08-086 (Order DE
80-22), § 173-22-040, filed 7/2/80; Order DE 76-30, § 173-22-040,
filed 7/27/76; Order DE 73-11, § 173-22-040, filed 7/20/73; Order DE
72-15, § 173-22-040, filed 6/30/72.
