CCLME.ORG - Adoption of designations of shorelands and wetlands associated with shorelines of the state

State
Washington Regulations
Chapter 173-22 WAC Adoption of designations of shorelands and wetlands associated with shorelines of the state

Last Update: 2/5/97

DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
173-22-015 Relationship to National Coastal Zone Management Act of 1972. [Order DE 73-11, § 173-22-015, filed 7/20/73.] Repealed by 97-04-076 (Order 96-12), filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 90.58.140(3) and [90.58].200.

Reviser's note: Order 73-24, filed 8/28/73 amends maps of wetlands associated with shorelines of the state of Washington and is to be used in conjunction with Administrative Order 73-11, filed 7/20/73. Sections within this chapter will show this date where applicable. The maps are listed by county and are entitled "Shoreline Management Act of 1971, chapter 90.58 RCW amendment to the wetland designations of the state of Washington -- chapter 173-22 WAC -- Department of ecology -- September 1973."

Order DE 77-18, filed 9/20/77 amends chapter 173-22 WAC, regarding designations of associated wetlands which constitute shorelines of the state and are subject to the Shoreline Management Act of 1971 as defined by RCW 90.58.030 (c), (d), (e), (f) and (g).

Order DE 78-15, filed 8/15/78 designating associated wetlands in San Juan County, consists of maps omitted from publication in the Washington Administrative Code under the authority of RCW 34.04.050(3) as being unduly cumbersome to publish. Copies of the maps may be obtained from the Department of Ecology, St. Martin's College, Lacey, Washington 98504.

--------------------------------------------------------------------------------

173-22-010
Purpose.
Pursuant to RCW 90.58.030 (2)(f), the department of ecology herein designates the wetland areas associated with the streams, lakes and tidal waters which are subject to the provisions of chapter 90.58 RCW.

[Order DE 72-15, § 173-22-010, filed 6/30/72.]

--------------------------------------------------------------------------------

173-22-020
Applicability.
The provisions of this chapter shall apply statewide.

[Order DE 72-15, § 173-22-020, filed 6/30/72.]

--------------------------------------------------------------------------------

173-22-030
Definitions.
As used herein, the following words have the following meanings:

(1) "Associated wetlands" means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act;

(2) "Atypical situation" as used herein, refers to areas in which one or more parameters (vegetation, soil, and/or hydrology) have been sufficiently altered by recent human activities or natural events to preclude the presence of wetland indicators of the parameter. Recent refers to the period of time since legal jurisdiction of an applicable law or regulation took effect;

(3) "Duration (inundation/soil saturation)" means the length of time during which water stands at or above the soil surface (inundation), or during which the soil is saturated. As used herein, duration refers to a period during the growing season;

(4) "Flood plain" is synonymous with one hundred-year floodplain and means that land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act;

(5) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include 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. The limit of the floodway is that which has been established in flood regulation ordinance maps or by a reasonable method which meets the objectives of the act;

(6) "Growing season" means the portion of the year when soil temperatures at 19.7 inches below the soil surface are higher than biologic zero (5°C);

(7) "Hydrophytic vegetation" means the sum total of macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. When hydrophytic vegetation comprises a community where indicators of hydric soils and wetland hydrology also occur, the area has wetland vegetation;

(8) "Hydric soil" means soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part;

(9) "Lake" means a body of standing water in a depression of land or expanded part of a river, including reservoirs, of twenty acres or greater in total area. A lake is bounded by the ordinary high water mark or, where a stream enters a lake, the extension of the elevation of the lake's ordinary high water mark within the stream;

(10) "Long duration" means a period of inundation from a single event that ranges from seven days to one month.

(11) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department. The following criteria clarify this mark on tidal waters, lakes, and streams:

(a) Tidal waters.

(i) In high energy environments where the action of waves or currents is sufficient to prevent vegetation establishment below mean higher high tide, the ordinary high water mark is coincident with the line of vegetation. Where there is no vegetative cover for less than one hundred feet parallel to the shoreline, the ordinary high water mark is the average tidal elevation of the adjacent lines of vegetation. Where the ordinary high water mark cannot be found, it is the elevation of mean higher high tide;

(ii) In low energy environments where the action of waves and currents is not sufficient to prevent vegetation establishment below mean higher high tide, the ordinary high water mark is coincident with the landward limit of salt tolerant vegetation. "Salt tolerant vegetation" means vegetation which is tolerant of interstitial soil salinities greater than or equal to 0.5 parts per thousand;

(b) Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water;

(c) Streams. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs;

(12) "Prevalent vegetation" means the plant community or communities that occur in an area during a given period. The prevalent vegetation is characterized by the dominant macrophytic species that comprise the plant community;

(13) "River delta" means those lands formed as an aggradational feature by stratified clay, silt, sand and gravel deposited at the mouths of streams where they enter a quieter body of water. The upstream extent of a river delta is that limit where it no longer forms distributary channels;

(14) "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology. Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

(15) A "stream" is a naturally occurring body of periodic or continuously flowing water where:

(a) The mean annual flow is greater than twenty cubic feet per second; and

(b) The water is contained within a channel. A channel is an open conduit either naturally or artificially created. This definition does not include artificially created irrigation, return flow, or stockwatering channels;

(16) "Tidal water" includes marine and estuarine waters bounded by the ordinary high water mark. Where a stream enters the tidal water, the tidal water is bounded by the extension of the elevation of the marine ordinary high water mark within the stream;

(17) "Typically adapted" is a term that refers to a species being normally or commonly suited to a given set of environmental conditions, due to some feature of its morphology, physiology, or reproduction;

(18) "Very long duration" means a period of inundation from a single event that is greater than one month.

(19) "Wetlands" or "wetland areas" means areas that are inundated or saturated by surface or ground water 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 to mitigate the conversion of wetlands; and

(20) The definitions set forth in chapter 90.58 RCW shall also apply as used herein.

[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 97-04-076 (Order 96-12), § 173-22-030, filed 2/5/97, effective 3/8/97. Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-030, filed 5/23/86. Statutory Authority: RCW 90.58.030 (2)(f), 90.58.120, and 90.58.200. 80-08-086 (Order DE 80-22), § 173-22-030, filed 7/2/80; Order DE 73-11, § 173-22-030, filed 7/20/73; Order DE 72-15, § 173-22-030, filed 6/30/72.]

--------------------------------------------------------------------------------

173-22-035
Wetland identification and delineation.
Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the criteria and indicators listed in WAC 173-22-080. These criteria and indicators along with recommended methods and additional background information can be found in the Washington State Wetland Identification and Delineation Manual, Ecology Publication # 96-94.

[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 97-04-076 (Order 96-12), § 173-22-035, filed 2/5/97, effective 3/8/97.]

--------------------------------------------------------------------------------

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 floodplains 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 floodplain within the associated shorelands. Designation of this shoreland area shall be in accordance with chapter 173-19 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 floodplain; or hydraulic continuity; and

(d) Those lands within a river delta floodplain 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 90.58.140(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.]

--------------------------------------------------------------------------------

173-22-050
Review of designations.
The department shall review all the designations made herein at least once in every five-year period following the effective date of chapter 90.58 RCW or as frequently as is deemed advisable by the department, and prepare the necessary revisions to ensure that the designations conform to the policies of chapter 90.58 RCW and of chapter 173-22 WAC in the manner and form prescribed for adopting and amending rules and regulations in chapter 34.04 RCW (the Administrative Procedure Act).

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-050, filed 5/23/86. Statutory Authority: RCW 90.58.030 (2)(f), 90.58.120, and 90.58.200. 80-08-086 (Order DE 80-22), § 173-22-050, filed 7/2/80; Order DE 73-11, § 173-22-050, filed 7/20/73; Order DE 72-15, § 173-22-050, filed 6/30/72.]

--------------------------------------------------------------------------------

173-22-052
Alterations of shorelines affecting designations.
Alterations of the existing conditions of shorelines and wetlands of the state which affect the boundary or volume of those water bodies, whether through authorized development or natural causes, shall warrant a review of the designation of those shorelines and their associated wetlands.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-052, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-055
Conflicts between designations and criteria.
In the event that any of the wetland designations shown on the maps adopted in WAC 173-22-060 conflict with the criteria set forth in this chapter the criteria shall control. The boundary of the designated wetland areas shall be governed by the criteria set forth in WAC 173-22-040.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-055, filed 5/23/86. Statutory Authority: RCW 90.58.030 (2)(f), 90.58.120, and 90.58.200. 80-08-086 (Order DE 80-22), § 173-22-055, filed 7/2/80; Order DE 73-11, § 173-22-055, filed 7/20/73.]

--------------------------------------------------------------------------------

173-22-060
Shoreline designation maps.
Shoreline designation maps are those maps which have been prepared and adopted by the department in a manner consistent with chapter 34.04 RCW (the Administrative Procedure Act) that designate the location of shorelines of the state and their associated wetland areas. Wetland designations are applied under the criteria contained in WAC 173-22-040. Due to the bulk of the maps designating the wetland areas, they are not included in the text of this chapter, but rather are incorporated herein as an appendix hereto, having full legal force and effect as if published herein. Copies of the appendix are available to the public at all reasonable times for inspection in the headquarters of the department of ecology in Olympia, the Washington state code reviser's office, the appropriate county auditor and city clerk. Copies of portions thereof, or of the complete set, will be available from the department at the expense of the party requesting the same. Volumes I, II, and III entitled Shorelines under the Shoreline Management Act of 1971 (chapter 90.58 RCW, chapter 286, Laws of 1971 1st ex. sess.) were adopted by reference on June 30, 1972.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-060, filed 5/23/86. Statutory Authority: RCW 90.58.030, 90.58.120 and 90.58.200. 85-14-001 (Order 85-15), § 173-22-060, filed 6/20/85; 85-09-043 (Order DE 85-05), § 173-22-060, filed 4/15/85. Statutory Authority: RCW 90.58.120, 90.58.200 and 90.58.030 (2)(f). 81-13-034 (Order DE 81-18), § 173-22-060, filed 6/15/81; Order DE 72-15, § 173-22-060, filed 6/30/72.]

--------------------------------------------------------------------------------

173-22-0602
Adams County.
Adams County designation maps approved June 30, 1972. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0602, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0604
Asotin County.
Asotin County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0604, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0606
Benton County.
Benton County designation maps approved June 30, 1972. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0606, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0608
Chelan County.
Chelan County designation maps approved June 30, 1972. Revision approved August 28, 1973.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0608, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0610
Clallam County.
Clallam County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved April 15, 1985.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0610, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0612
Clark County.
Clark County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0612, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0614
Columbia County.
Columbia County designation maps approved June 30, 1972.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0614, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0616
Cowlitz County.
Cowlitz County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0616, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0618
Douglas County.
Douglas County designation maps approved June 30, 1972. Revision approved August 28, 1973.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0618, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0620
Ferry County.
Ferry County designation maps approved June 30, 1972. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0620, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0622
Franklin County.
Franklin County designation maps approved June 30, 1972. Revision approved August 28, 1973.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0622, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0624
Garfield County.
Garfield County designation maps approved June 30, 1972.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0624, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0626
Grant County.
Grant County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved June 15, 1981.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0626, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0628
Grays Harbor County.
Grays Harbor County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved July 2, 1980. Revision approved April 15, 1985.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0628, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0630
Island County.
Island County designation maps approved June 30, 1972. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0630, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0632
Jefferson County.
Jefferson County designation maps approved June 30, 1972. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0632, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0634
King County.
King County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980. Revision approved June 15, 1981. Revision approved April 15, 1985.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0634, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0636
Kitsap County.
Kitsap County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980. Revision approved June 15, 1981.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0636, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0638
Kittitas County.
Kittitas County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0638, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0640
Klickitat County.
Klickitat County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0640, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0642
Lewis County.
Lewis County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0642, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0644
Lincoln County.
Lincoln County designation maps approved June 30, 1972. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0644, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0646
Mason County.
Mason County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0646, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0648
Okanogan County.
Okanogan County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved September 29, 1987. Revision approved January 5, 1988.

[Statutory Authority: RCW 90.58.120 and 90.58.200. 88-03-070 (Order DE 87-45), § 173-22-0648, filed 1/20/88. Statutory Authority: RCW 90.58.030, 90.58.120 and 90.58.300. 87-20-050 (Order DE 87-35), § 173-22-0648, filed 10/2/87. Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0648, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0650
Pacific County.
Pacific County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0650, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0652
Pend Oreille County.
Pend Oreille County designation maps approved June 30, 1972. Revision approved April 15, 1985.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0652, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0654
Pierce County.
Pierce County designation maps approved June 30, 1972. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0654, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0656
San Juan County.
San Juan County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved August 15, 1978. Revision approved July 2, 1980. Revision approved June 20, 1985.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0656, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0658
Skagit County.
Skagit County designation maps approved June 30, 1972. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0658, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0660
Skamania County.
Skamania County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0660, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0662
Snohomish County.
Snohomish County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0662, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0664
Spokane County.
Spokane County designation maps approved June 30, 1972.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0664, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0666
Stevens County.
Stevens County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0666, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0668
Thurston County.
Thurston County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980. Revision approved April 15, 1985.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0668, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0670
Wahkiakum County.
Wahkiakum County designation maps approved June 30, 1972.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0670, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0672
Walla Walla County.
Walla Walla County designation maps approved June 30, 1972. Revision approved September 20, 1977.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0672, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0674
Whatcom County.
Whatcom County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0674, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0676
Whitman County.
Whitman County designation maps approved June 30, 1972.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0676, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-0678
Yakima County.
Yakima County designation maps approved June 30, 1972. Revision approved August 28, 1973. Revision approved September 20, 1977. Revision approved July 2, 1980.

[Statutory Authority: Chapter 90.58 RCW. 86-12-011 (Order 86-06), § 173-22-0678, filed 5/23/86.]

--------------------------------------------------------------------------------

173-22-070
Lands within federal boundaries.
In addition to those designations contained in the appendix, those nonfederal lands lying within the exterior boundaries of federal lands and those federal lands leased by the federal government to other persons, which lands fall within the definition of shorelands contained herein, shall also be subject to the jurisdiction of chapter 90.58 RCW.

[Statutory Authority: RCW 90.58.140(3) and [90.58].200. 97-04-076 (Order 96-12), § 173-22-070, filed 2/5/97, effective 3/8/97; Order DE 73-11, § 173-22-070, filed 7/20/73; Order DE 72-15, § 173-22-070, filed 6/30/72.]

--------------------------------------------------------------------------------

173-22-080
Wetland delineation manual.
The department has prepared a Washington State Wetland Identification and Delineation Manual (Ecology publication # 96-94) to be used in implementing these regulations. The mandatory portions of this manual are adopted into the following regulations. In addition, the manual contains background information, guidance, examples, and methods which may be useful in applying these regulations. The manual is intended to be used in implementing the Shoreline Management Act and other applicable state statutes. The manual is also to be used by local governments in implementing local regulations under the Growth Management Act (chapter 36.70A RCW).

The state manual takes the original 1987 Corps of Engineers manual and incorporates the changes made by the federal government to the 1987 manual since that time. This includes the national guidance issued by the Corps in 1991 and 1992, and the regional guidance issued by the Corps and EPA in 1994. All other changes are of two types:

Additional language added to assist the user in applying the manual to the variety of situations found in the state of Washington; or

Deletion of geographic material or references irrelevant to Washington.

Since the original 1987 manual was developed for use throughout the United States, it contains many references that do not apply to our state. Where appropriate, references to species or situations found in Washington have been added.

(1) Wetland delineation. Purpose and introduction.

It is the purpose of a delineation manual to provide information and methods that will allow a delineator to make an accurate wetland delineation at any time of the year. However, it must be recognized that some wetlands will be more difficult to delineate than others and that all information collected must be used in conjunction with the knowledge and experience of the delineator. The proper collection and recording of field and other supporting data is one of the most critical aspects of any wetland delineation. The wetland delineation regulations are intended to identify areas that meet the definition of wetlands found in state law. They are also intended to identify the same areas identified in the Corps of Engineers 1987 Wetlands Delineation Manual, as amended and augmented by official federal guidance issued through January 1995.

The technical approach for identifying and delineating wetlands does not constitute a classification system. It provides a basis for determining whether a given area is a wetland for purposes of federal, state and local regulations without attempting to classify it by wetland type.

Certain wetland types, under the extremes of normal seasonal or annual variability, may not always meet all the wetland criteria defined in the manual. Examples include vernal wetlands during drought years and seasonal wetlands that may lack hydrophytic vegetation and/or wetland hydrology during the dry season. Such areas are discussed in subsection (12) of this section (Problem Areas), and guidance is provided for making wetland determinations in these areas.

Three key provisions of the definition of wetlands include:

(a) Inundated or saturated soil conditions resulting from permanent or periodic inundation or saturation by ground water or surface water.

(b) A prevalence of vegetation typically adapted for life in saturated soil conditions (hydrophytic vegetation).

(c) The presence of "normal circumstances."

Explicit in the definition is the consideration of three environmental parameters: Hydrology, soil, and vegetation. Positive wetland indicators of all three parameters are normally present in wetlands. Although vegetation is often the most readily observed parameter, sole reliance on vegetation or either of the other parameters as the determinant of wetlands can sometimes be misleading. Many plant species can grow successfully in both wetlands and nonwetlands, and hydrophytic vegetation and hydric soils may persist for decades following alteration of hydrology that will render an area a nonwetland. The presence of hydric soils and wetland hydrology indicators in addition to vegetation indicators will provide a logical, easily defensible, and technical basis for the presence of wetlands. The combined use of indicators for all three parameters will enhance the technical accuracy, consistency, and credibility of wetland determinations. Therefore, all three parameters were used in developing the criteria for wetlands and all approaches for applying the criteria embody the multiparameter concept.

The procedures described in the methods section of the state delineation manual have been tested and found to be reliable. However, these methods are recommendations and are not mandatory. Site-specific conditions may require modification of field procedures. The user has the flexibility to employ sampling procedures other than those described. However, the basic approach for making wetland determinations should not be altered (i.e., the determination should be based on the dominant plant species, soil characteristics, and hydrologic characteristics of the area in question). The user should document reasons for using a different characterization procedure than described in the state manual. CAUTION: Application of methods described in the manual or the modified sampling procedures requires that the user be familiar with wetlands of the area and use his/her training, experience, and good judgment in making wetland determinations.

(2) Wetland identification and delineation. Technical criteria. The interaction of hydrology, vegetation, and soil results in the development of characteristics unique to wetlands. Therefore, the following criteria for wetlands are based on these three parameters.

The definition of wetlands (WAC 173-22-030) includes the language found in the federal Clean Water Act regulations. It also includes additional language found in the Shoreline Management Act and Growth Management Act which specifically excludes several types of "artificial" wetlands. Many of these areas specifically excluded in the definition will meet the technical requirements for being a wetland (i.e., will meet all three criteria). The delineation manual identifies all areas that meet the necessary wetland criteria and does not attempt to distinguish these "artificial" wetlands. If necessary, the user will need to independently determine if a wetland as identified by this manual fits in any of the categories of "artificial" wetlands specifically excluded in the definition.

(3) The following criteria, and technical approach comprise the basis for the identification and delineation of wetlands:

Wetlands meet the following criteria:

(a) Vegetation. The prevalent vegetation consists of macrophytes that are typically adapted to areas having hydrologic and soil conditions described in subsection (1)(a) of this section. Hydrophytic species, due to morphological, physiological, and/or reproductive adaptation(s), have the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Indicators of vegetation associated with wetlands are listed in this section.

(b) Soil. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. (USDA-NRCS 1995, Federal Register, 7/13/94, Vol. 59, No. 133, pp 35680-83.) The following criteria reflect those soils that meet this definition:

(i) All Histosols except Folists; or

(ii) Soils in Aquic suborders, great groups, or subgroups, Albolls suborder, Aquisalids, Pachic subgroups, or Cumulic subgroups that are:

(A) Somewhat poorly drained with a water table equal to 0.0 foot (ft.) from the surface during the growing season; or

(B) Poorly drained or very poorly drained and have either:

(I) A water table equal to 0.0 ft. during the growing season if textures are coarse sand, sand, or fine sand in all layers within 20 inches(in.), or for other soils;

(II) A water table at less than or equal to 0.5 ft. from the surface during the growing season if permeability is equal to or greater than 6.0 in./hour in all layers within 20 in.; or

(III) The water table is at less than or equal to 1.0 ft. from the surface during the growing season if permeability is less than 6.0 in./hour in any layer within 20 in.; or

(iii) Soils that are frequently ponded for long or very long duration during the growing season; or

(iv) Soils that are frequently flooded for long duration or very long duration during the growing season.

Soil criteria indicators are listed in subsections (6), (7) and (8) of this section.

(c) Hydrology. Areas which are inundated and/or saturated to the surface for a consecutive number of days for more than 12.5 percent of the growing season are wetlands, provided the soil and vegetation parameters are met. Areas inundated or saturated to the surface for a consecutive number of days between 5 percent and 12.5 percent of the growing season in most years may or may not be wetlands. Areas inundated or saturated to the surface for less than 5 percent of the growing season are nonwetlands. Wetland hydrology exists if field indicators are present as described in subsection (10) of this section.

(d) Technical approach for the identification and delineation of wetlands. Except in certain situations defined in this manual, evidence of at least one positive wetland indicator from each parameter (hydrology, soil, and vegetation) must be found in order to make a positive wetland determination.

Characteristics and Indicators of Hydrophytic Vegetation,

Hydric Soils, and Wetland Hydrology

(4) Hydrophytic vegetation. The plant community concept is followed throughout the manual. Emphasis is placed on the assemblage of plant species that exert a controlling influence on the character of the plant community, rather than on indicator species. Thus, the presence of scattered individuals of an upland plant species in a community dominated by hydrophytic species is not a sufficient basis for concluding that the area is an upland community. Likewise, the presence of a few individuals of a hydrophytic species in a community dominated by upland species is not a sufficient basis for concluding that the area has hydrophytic vegetation.

(5) Indicators of hydrophytic vegetation. Several indicators may be used to determine whether hydrophytic vegetation is present on a site. However, the presence of a single individual of a hydrophytic species does not mean that hydrophytic vegetation is present. The strongest case for the presence of hydrophytic vegetation can be made when several indicators, such as those in the following list, are present. One of the most common errors made in delineating wetlands has been to assume that the first indicator (a) must be met in every case. This has led to some wetland areas being called nonwetland. Keep in mind that any of the following indicators may be used to meet the vegetation criteria. However, when using any indicator other than (a), it is important to have solid documentation of wetland hydrology and hydric soils. Indicators are listed in order of decreasing reliability. Although all are valid indicators, some are stronger than others. When a decision is based on an indicator appearing in the lower portion of the list, re-evaluate the parameter to ensure that the proper decision was reached.

(a) More than 50 percent of the dominant species are OBL, FACW, FACW, FACW-, FAC or FAC (Table 1) on lists of plant species that occur in wetlands. A national interagency panel has prepared a National List of Plant Species that Occur in Wetlands (Reed 1988a). This list categorizes species according to their affinity for occurrence in wetlands. In addition, a 1993 supplement to the plants species list for Region 9 (Northwest) has been prepared (Reed 1993). Be sure to consult this supplement or any more recent supplements to confirm that a species has the proper indicator status. (The Seattle District of the Corps does not use the FAC neutral option as an indicator of hydrophytic vegetation but does allow the use of the FAC neutral option as an indicator of hydrology. See Hydrology indicator # 10 for definition.) FAC- species do not count as FAC species for the purposes of meeting indicator (a). Only FAC, FAC, FACW (, -) and OBL species count.

Table 1

Plant Indicator Status Categories
Indicator Category Indicator

Symbol Definition
OBLIGATE WETLAND PLANTS OBL Plants that almost always occur (estimated probability >99%) in wetlands under natural conditions, but which may also occur rarely (estimated probability <1%) in nonwetlands. Examples: Typha latifolia, Lysichitum americanum
FACULTATIVE WETLAND PLANTS FACW Plants that usually occur (estimated probability 67% to 99%) in wetlands, but also occur (estimated probability 1% to 33% in nonwetlands). Examples: Fraxinus latifolia Cornus stolonifera.
FACULTATIVE PLANTS FAC Plants with a similar likelihood (estimated probability 34% to 66%) of occurring in both wetlands and nonwetlands. Examples: Alnus rubra, Rubus spectabilis
FACULTATIVE UPLAND PLANTS FACU Plants that sometimes occur (estimated probability 1% to 33%) in wetlands, but occur more often (estimated probability 67% to 99%) in nonwetlands. Examples: Acer macrophyllum, Rubus discolor
OBLIGATE UPLAND PLANTS UPL Plants that rarely occur (estimated probability <1%) in wetlands, but occur almost always (estimated probability >99%) in nonwetlands under natural conditions.
Categories were originally developed and defined by the USFWS National Wetlands Inventory and subsequently modified by the National Plant List Panel. The three facultative categories are subdivided by () and (-) modifiers. FAC species are considered to have a greater estimated probability of occurring in wetlands than FAC species, while FAC- species are considered to have a lesser estimated probability of occurring in wetlands than FAC species.

(b) Other indicators. Although there are several other indicators of hydrophytic vegetation, it will seldom be necessary to use them. However, they may provide additional useful information to strengthen a case for the presence of hydrophytic vegetation. Additional training and/or experience may be required to employ these indicators.

(i) Visual observation of plant species growing in areas of prolonged inundation and/or soil saturation. This indicator can only be applied by experienced personnel who have accumulated information through several years of field experience and written documentation (field notes) that certain species commonly occur in areas of prolonged (>12.5 percent) inundation and/or soil saturation during the growing season. In certain situations, areas with wetland hydrology and hydric soils may be dominated by plant species classified as facultative upland. The most common examples in Washington are Western Hemlock forested wetlands and wet meadows planted with pasture grasses. It is important to keep in mind that facultative upland species are found in wetlands up to 33% of the time and, under certain circumstances, can be the dominant species in a wetland plant community. Usually, however, FACU species are found in uplands. Thus, if you encounter a situation where the hydrology and soil parameters are clearly met, do not eliminate the area from consideration as a wetland based on a lack of prevalence of facultative or wetter vegetation. Species such as Gaultheria shallon, Acer circinatum, and Pteridium aquilinum may be found in these areas, often on hummocks or downed logs or stumps. More typical wetland species may occur in such areas, though often as nondominants. Thus, occurrence of species commonly observed in other wetland areas provides a strong indication that hydrophytic vegetation is present. If you have strong evidence that the hydrology and soil parameters are met then the vegetation is acting as a hydrophyte and the area is probably a wetland.

CAUTION: It is necessary to have good documentation that the area experiences prolonged inundation and/or saturation in order to call it a wetland. The presence of standing water or saturated soil on a site at a single point in time or for short periods is insufficient evidence that the species present are able to tolerate long periods ofinundation. The user must relate the observed species to other similar situations and determine whether they are normally found in wet areas, taking into consideration the season and immediately preceding weather conditions. If you encounter this situation, you may be dealing with an atypical situation or a problem area. (continued)