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<br /> <br />Kittitas County Shoreline Master Program <br />Chapter 2 26 <br />March 7, 2016 <br /> Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit A | March 2016 | Page 26 of 339 <br />58. "Mining" means the removal of sand, gravel, soil, minerals, and other earth <br />materials for commercial and other uses. Mining does not include mineral <br />prospecting conducted according to WAC 220-110-200 through 220-110-206. <br />59. "Must" means a mandate; the action is required. <br />60. "Natural or existing topography" means the topography of the lot, parcel, or tract <br />of real property immediately prior to any site preparation or grading, including <br />excavation or filling. <br />61. "Nonconforming structure" means a structure within the shoreline jurisdiction that <br />was lawfully established prior to the effective date of this master program, or through <br />the variance process, which does not conform to present setbacks, buffers, bulk, <br />height or other development standards. <br />62. “Nonconforming use” means a use which was lawfully established prior to the <br />effective date of this master program, or amendments thereto, but which does not <br />conform to present regulations or standards of this program, including procedural <br />requirements such as those requiring certain uses to obtain conditional use permit <br />approval. <br />63. "Non-water-oriented uses" means those uses that are not water-dependent, <br />water-related, or water-enjoyment. <br />64. "Ordinary high water mark (OHWM)" on all lakes, streams, and tidal water means <br />that mark that will be found by examining the bed and banks and ascertaining where <br />the presence and action of waters are so common and usual, and so long continued <br />in all ordinary years, as to mark upon the soil a character distinct from that of the <br />abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as <br />it may naturally change thereafter, or as it may change thereafter in accordance with <br />permits issued by a local government or the Washington State Department of <br />Ecology; provided that in any area where the OHWM cannot be found, the OHWM <br />salt water shall be the line of mean higher high tide and the OHWM adjoining <br />freshwater shall be the line of mean high water. <br />65. "Permit" means any substantial development, variance, conditional use permit, or <br />revision authorized under RCW Chapter 90.58. <br /> <br />66. "Priority habitat" means a habitat type with a unique or significant value to one (1) <br />or more species. An area classified and mapped as priority habitat must have one <br />(1) or more of the following attributes: comparatively high fish or wildlife densities; <br />comparatively high fish or wildlife species diversity; fish spawning habitat; important <br />wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife <br />movement corridors; rearing and foraging habitat; refuge; limited availability; high <br />vulnerability to habitat alteration; unique or dependent species; or shellfish beds. A <br />priority habitat may be described by its unique vegetation type or by a dominant