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HomeMy WebLinkAboutWORKSHOP Unauthorized encampment policypdfUpdating Jefferson County’s Unauthorized Encampment Removal Policy (BoCC’s ContinuedWorkshop)November 3, 2025Philip Hunsucker, Chief Civil DPAAriel Speser, Civil DPANovember 3, 20251 AgendaBoCC’s Second Workshop Presentation November 3, 202221. Responses to Public Comments2. Responses to BoCC Comments4. Discussion & Next Steps Responses to Public Comments3 Summary of Public CommentsNovember 3, 2025 BoCC Workshop Presentations 4•Require Alternative Shelter. •Clarify Definitions. •Specify Emphasis Areas.•Integrate County Housing and Equity Goals. •Procedural Fairness and Accountability. •Washington State can provide additional protections to the United States Supreme Court case Grants Pass v. Johnson. Response Public Comments: Require Alternative Shelter November 3, 2025 BoCC Workshop Presentations 5Displacement Without Verified Placement (HB 1220)The draft policy allows for encampment removals even when no verified, appropriate, or low-barrier housing placements exist. HB 1220 requires local governments to “plan for and accommodate” emergency housing and shelters and to ensure that local actions do not exclude people experiencing homelessness from housing opportunities. Removing residents without verified shelter placement contradicts this requirement and undermines the spirit of the law. Amendment requested: Add a clear “No Displacement Without Placement” clause prohibiting removal of non-obstructing encampments unless each resident has been offered an available, appropriate, and low-barrier shelter or housing placement, and the offer is documented. County’s response: Requested amendment is not currently required, but is a policy decision for BoCC. County is in compliance with HB 1220 because on June 13, 2022 it adopted Ordinance No. 05-0613-22 to address HB 1220. This ordinance is codified in JCC 18.20.385 (Temporary housing facilities). Response Public Comments: Require Alternative Shelter November 3, 2025 BoCC Workshop Presentations 6HB 1220 (2021) Affordable Housing, Displacement, and Racially Disparate Impacts.•Requires local jurisdictions to plan for and accommodate housing affordable to all economic segments of the population, including moderate, low, very low, and extremely low income, as well as emergency shelters and permanent supportive housing, when they update their local housing element.•Mandates that comprehensive plans identify land use capacity, barriers, and programs to address housing shortage.•Introduces an equity lens to require jurisdictions to assess and address racially disparate impacts, displacement, and exclusion in housing, identify areas at high risk of displacement, and establish anti-displacement policies. Response Public Comments: Require Alternative Shelter November 3, 2025 BoCC Workshop Presentations 7•JCC 18.20.385(Temporary housing facilities) was adopted June 13, 2022 by Ordinance No. 05-0613-22to address HB 1220. There was no appeal of this ordinance, so it is fully effective.•Periodic Update to Comprehensive Plan also addresses this issue. See proposed revisions to Housing Element, available at: 2025 Housing Planning | Jefferson County, WA.•*The recent request for a temporary restraining order and preliminary injunction against the City of PT denied despite similar arguments being raised. Superior Court Judge Brandon Mack said the question before the court was whether or not the city was in compliance with the GMA. “What I don’t see is whether those statues require the city to continue the encampment” he said. (Peninsula Daily News, City of Port Townsend plans sweep of camp, November 1, 2025) Response Public Comments: Require Alternative Shelter Summary of changes required concurrent with Jefferson County Periodic Update1•Amends language related to equity, racially disparate impacts, displacement, vulnerable populations, and historically marginalized communities and add supporting goals and policies.•Reviews displacement, displacement risk, exclusions, racially disparate impacts, and barriers as well as existing and future housing needs and ways to address identified impacts, needs, and barriers.•Increases allowed density in certain zones and capacity for key housing types and decreased residential setbacks in most urban zones.•Allows higher density residential as a discretionary use to encourage horizonal mixed use.1 Continued on next slide...November 3, 2025 BoCC Workshop Presentations 8 Response Public Comments: Require Alternative Shelter Continued...Summary of changes required concurrent with Jefferson County Periodic Update2•Allows targeted rezones in the UGA to accommodate growth targets.•Adds performance standards for manufactured home parks in the UGA and add Park Model language to the code in support of a wider variety of affordable housing typologies. Allows Recreational Vehicle Parks (including Park Models) as a discretionary use in certain zones.•Adds emergency and permanent supportive housing as specific use types in JCC 18.15.040 and allow outright in all zones that allow hotels/motels and conditionally in the rural residential zones.•Allows affordable housing in the UGA-P zone as a discretionary use.2 SeeComprehensive Plan Update for more details, as some changes may only apply to certain zoning types. November 3, 2025 BoCC Workshop Presentations 9 Response to Public Comments: DefinitionsNovember 3, 2025 BoCC Workshop Presentations 10Undefined “Low-Barrier” and “No-Barrier” StandardsAmendment Request: Define “Low-Barrier” and “No-Barrier” StandardsCounty Response: See new definitions of “available shelter space,” “low-barrier shelter,” and “no barrier shelter.”3.5 Available shelter space“Available shelter space” means a person has access to a bed and is not barred from access due to shelter rules, capacity limits, in either a low barrier shelter or a no barrier shelter.3.17 Low-barrier shelter“Low-barrier shelter” means a shelter for the unhousedwhere a minimum number of expectations or requirements areplaced on the people who wish to stay there. With a focuson “harm reduction,” low-barrier shelters encourageunhoused persons to seek resources by eliminating obstacles such as substance abuse, criminal history, and otherpolicies that make it difficult to enter a shelter, stay in shelter, or access housing and income opportunities.3.18 No barrier shelter“No barrier shelter” means a shelter for the unhoused where no requirements are placed on people who which to staythere, other than requirements that protect the safety of persons, property or the environment. For example, if a personis asked to leave a shelter one day due to unsafe behavior, the person may try again the next day. Response to Public Comments: “Emphasis Areas”November 3, 2025 BoCC Workshop Presentations 11Board “Emphasis Areas” Create Exclusion ZonesThe proposed “Emphasis Areas” designation bans camping on large portions of county property, including areas near schools, government buildings, and other public spaces. While safety concerns are valid, blanket prohibitions function as de facto exclusion zones. HB 1220 prohibits zoning or policies that prevent siting of emergency housing and shelters, and similar standards should apply to enforcement actions. Amendment requested: Replace permanent “Emphasis Areas” with site-specific, time-limited hazard designations that include public health review, documentation of less-restrictive alternatives, and annual public reporting. County Response on next slide... Response to Public Comments: “Emphasis Areas”November 3, 2025 BoCC Workshop Presentations 12County Response (Part 1): This specific language appears to be applicable to RCW 35.21.683, which applies to cities.RCW35.21.683Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing.A city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a cityshall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one-mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each city's projected need for such housing and shelter under RCW36.70A.070(2)(a)(ii).[2021 c 254 s 4.](Emphasis added.) Response to Public Comments: “Emphasis Areas”November 3, 2025 BoCC Workshop Presentations 13Board “Emphasis Areas” Create Exclusion ZonesThe proposed “Emphasis Areas” designation bans camping on large portions of county property, including areas near schools, government buildings, and other public spaces. While safety concerns are valid, blanket prohibitions function as de facto exclusion zones. HB 1220 prohibits zoning or policies that prevent siting of emergency housing and shelters, and similar standards should apply to enforcement actions. Amendment requested: Replace permanent “Emphasis Areas” with site-specific, time-limited hazard designations that include public health review, documentation of less-restrictive alternatives, and annual public reporting. County Response (Part 2): The Policy was revised to be more specific. While reference to “time-limited hazard designations” is not entirely clear, the Policy was revised to include more specific requirements for mapping locations (Sections 14.3(a) and 14.5), public health review (Sections 14.1 and 14.2), and annual public reporting requirements (Section 2.6). Response to Public Comments: Housing and Equity Goals October 27, 2025 BoCC Workshop Presentations 14Lack of Integration with County Housing and Equity Goals The Policy treats encampment removal as an operational issue rather than as part of Jefferson County’s broader housing and equity obligations under HB 1220. Housing elements are required to include an inventory of emergency and supportive housing capacity, identify programs to meet projected need, and address racial disparities and displacement risk. The Policy should directly connect encampment management to these housing element commitments. Amendment requested: Add a new section titled “Coordination with Housing Element and HB 1220 Implementation.” Require annual public reporting on shelter and housing capacity, demographic and outcome data for encampment removals, and an analysis of equity and anti-displacement impacts. County Response: Added new section to the Policy relating the Policy to the Comprehensive Plan’s Housing Element and requiring annual public reporting on shelter and housing capacity, demographic and outcome data for encampment removals, and an analysis of equity and anti-displacement impacts. Response to Public Comments: Procedural Fairness & Accountability October 27, 2025 BoCC Workshop Presentations 15Procedural Fairness and Accountability The 72-hour notice period and “immediate hazard” removal exceptions give significant discretion to County staff without independent review. Additionally, the current draft includes a “no new rights” clause that limits resident recourse. Due process and transparency are essential for public trust and compliance with constitutional and state housing standards. Amendment requested:•Extend standard notice to seven days for multi-tent removals. (*City only providing individualized 72 hour notice.)•Require Public Health concurrence for any “immediate hazard” removal.•Replace the “no liability” clause with an “Accountability and Review” section affirming that County actions remain subject to applicable state and federal rights protections. County Response: Revised language in the Policy. See the next slide for details. Response to Public Comments: Washington’s Higher StandardsNovember 3, 2025 BoCC Workshop Presentations 16Washington law provides more protections than what is addressed in the United States Supreme Court case Grants Pass v. Johnson. Amendment requested:This Policy should be reflective of Washington’s higher standards. County Response: County agrees. Examples currently incorporated into Policy:•No Criminalization;•Public Health Framework; •Robust Notice Requirements; •Generous Storage Requirements; and, •Administrator may designate an area on publicly-owned property that temporarily may be used in lieu of a permitted shelter. The temporary use of the area shall be consistent with the requirements for the location, siting, and operation of temporary housing facilities in JCC 18.20.385.The Policy currently does not require alternative available shelter space be made available. BoCC has authority to set policy and make other changes as it deems appropriate. The BoCC must consider budget implications of such a requirement. Response to Public Comments: Washington’s Higher StandardsNovember 3, 2025 BoCC Workshop Presentations 17Washington’s state Constitution is more protective than the U.S. Constitution. •The state Constitution bans cruelpunishment, as opposed to the federal Constitution’s ban on cruel andunusual punishment. Grants Pass did not address issues around due process and personal property. •The Policy includes higher standards consistent with what is currently required by Washington State law. Creating an even higher standard is a policy decision and requires careful consideration of budget implications. •The Policy prioritizes treating all people with care, dignity, and respect while ensuring the need for safety and security of public and county employees on county property, and protecting public’s ability to access county property for allowable uses – while taking into account county’s current staffing capacity and fiscal reality. Responses to BoCC Comments18 Summary of BoCC CommentsNovember 3, 2025 BoCC Workshop Presentations 191. Can the Policy further delineate specific steps required for immediate removal and require public health expertise be consulted as part of that criteria? 2. Can the county offer alternative shelter that includes other unauthorized encampment options based on a harm reduction approach?3. How should the county address the lack of available shelter options?4. Can the county come up with a definition of “no barrier” emergency shelters that reflects current local practices like those for the Winter Warming Shelter? For example, if asked to leave today, welcome to try again tomorrow. Response to BoCC CommentsNovember 3, 2025 BoCC Workshop Presentations 201. The Policy further delineates specific steps required for immediate removal and requires public health expertise be consulted as part of that criteria. SeeSection 1.10.2. New definitions of “available shelter space,” “low barrier shelter,” and “no barrier shelter” have been added. These definitions, applied through revised Section 1.5, authorize the county administrator to approve a temporary homeless area when either “low barrier” or “no barrier” shelter space is not available. Whether the BoCC wants to limit availability to “low barrier” shelter space is a policy decision, which would be made through language in the “available shelter space” definition. 3. The county can continue to address the lack of available shelter space through participation on the Housing Fund Board and Behavioral Health Consortium, and amendments to the Comprehensive Plan Periodic Update and Unified Development Code. Discussion &Next Steps21 Next Steps November 3, 2025BoCC Workshop Presentation22Recommendation:Consider revised policy for possible adoption today. Move approve Resolution In the Matter of Adopting a Revised Policy on Unauthorized Encampment Removal and Repealing and Replacing Jefferson County Policy No. 02.10.23-01. Alternatively, provide feedback to staff for additional revisions.