WAC 173-22-040
Shoreland area designation criteria. 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 floodway:
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, and90.58.200
. 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.]