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HomeMy WebLinkAbout6 FWHCA Comparison table 8-05-2025Fish and Habitat Conservation Areas Staff Recommendations August 4, 2025 The followings denote the main changes proposed by DCD Staff to Sections 18.22.600-660, Fish and Habitat Conservation Areas. Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation Appendix A—Changes to JCC 18.22.610 – Classification/Designation JCC 18.22.610 Definition of FWHCA FWHCAs include those areas identified as being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife or plants, or designated habitats and species of local importance. FWHCAs may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Updated definition of what is included as a FWHCA JCC 18.22.610 Things excluded from FWHCA None FWHCAs does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. Sentence added to clarify what is not included as a FWHCA. Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation JCC 18.22.610(3) Sources of Identification None. General language for all critical areas found in JCC 18.22.210. *Summary* Source of identification are listed as informational sources. Site evaluation by a qualified professional shall be used to determine compliance. DCD proposes adding a list of sources for identification of FWHCAs with the understanding that site evaluations by qualified professionals have the most weight and are the official method used to determine compliance. Sources include county GIS mapping, maps from WA Dept of Fish and Wildlife, Dept of Ecology, among others. Changes to JCC 18.22.620 – Regulated Activities JCC 18.22.620 Regulated Activities Presently there is a list of regulated activities. (1) Any land disturbing activity or development activity that is subject to a development permit or approval requirements of this code shall be subject to the provisions of this article. These include, but are not limited to, activities that are directly undertaken or originate in a FWHCA or FWHCA buffer, unless otherwise exempted under JCC 18.22.230. The proposed change moves exemption language to one section for all critical areas, and states clearly that any activity is subject to this chapter unless expressly exempted in JCC 18.22.230(General exemptions). Changes to JCC 18.22.630 – Protection Standards JCC 18.22.630(2) Types of Reports Reports currently under 18.22.650 Adds new type of report: (c) An enhancement plan of degraded FWHCA or their associated buffers may be prepared by a qualified individual, agency, or biologist. The plan shall be Proposed changes move existing language about types of reports to 18.22.630 instead of 18.22.650 and adds an enhancement plan as an option that is completed by a qualified individual. Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation reviewed and approved by DCD. JCC 18.22.630(4) Buffer Marking None *Summary* DCD may require (a)location of critical areas on site plans (b) Permanent fencing, berms, barriers, or native vegetation plantings. (c)signs when activity is commercial or public (d)notice to title if the critical area is not in the permit or the county GIS DCD proposes clarifies existing requirements (location of critical areas and buffers on site plans) and adds new buffer requirements that will be required on a case by case bases. Fences. Berms, barriers or natural plantings may be required to ensure development does not encroach on buffers, in the case of commercial/industrial/public uses signs may be required along the edge of the buffer to let the public know the location of the buffers, and a notice to title may be required if the critical area is not on the Jefferson County maps to inform future buyers of the critical area and buffer. JCC 18.22.630(5)(iii)(vi, vii) Standard requirements for utilities, increasing buffer width, and signs The requirements have been moved to other sections Moved to organize code JCC 18.22.630(1) Stream Buffer Table Shoreline Streams 150 ft Shoreline Streams 150 ft No change JCC 18.22.630(1) Stream Buffer Table Fish Bearing Streams 150 ft Fish Bearing Streams 150 ft in UGA and LAMIRDs. 200 ft in Other County Areas Increase buffer from 150 ft to 200 ft in county areas outside of UGAs and LAMIRDs. Recommended based on WDFW BAS. JCC 18.22.630(1) Stream Buffer Table Non-Fish bearing streams greater than or equal to 20% grade 75 ft Non-Fish bearing streams (any grade) 100 ft Increase buffer from 75 ft to 100 ft. Recommended based on WDFW BAS. Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation JCC 18.22.630(1) Stream Buffer Table Non-Fish Bearing Seasonal Streams less than 20% grade 50 ft Non-Fish bearing streams (any grade) 100 ft Increase buffer from 50 ft to 100 ft. Recommended based on WDFW BAS. JCC 18.22.630(2) Other FWHCA Buffers Table Lakes and Ponds Ponds under 20 acres – buffers shall extend 50 feet from OHWM Lakes 20 acres and larger – buffers shall extend 100 feet from OHWM Lakes and ponds (under 20 acres) that have a direct surface connection to a fish-habitat stream segment: 200 feet from the OHWM. Lakes and ponds (under 20 acres) that have only a direct surface connection to a non-fish-habitat stream segment: 100 feet from the OHWM Other lakes and ponds (under 20 acres): 50 feet from the OHWM The proposed changes base buffers for small ponds/lakes on relationship to streams. Buffers for ponds not connected to streams will remain the same, but buffers for ponds that are connected to streams will increase based on the type of stream connected to the pond. This also eliminates the following category: Game Fish Planted by a Governmental or Tribal Agency (lakes, ponds, streams, and rivers). All the new buffers match or exceed the existing buffers in this category. JCC 18.22.630(6) Buffer Averaging The administrator shall have the authority to average buffer widths on a case-by case basis; provided…. The buffer width averaging does not reduce the buffer to less Type I buffer averaging: The administrator shall have the authority to average standard buffer widths on a case-by case basis up to 25 percent. Type II Buffer averaging up to 50 percent shall review a Type II land use decision Proposed changes standardize buffer averaging of up to 25% as a Type I permit process, and buffer averaging of 25%-50% as a Type II process. Additional requirements are also added, including the following in the case of Type I averaging: (g) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs… Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation than 75 percent of the standard width or 50 percent for single-family residential development. In the case of Type II averaging: The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs… Type I requires a habitat enhancement plan or habitat management plan, Type II requires a habitat management plan JCC 18.22.630(7) Buffer Reductions The administrator shall have the authority to reduce buffer widths on a case-by-case basis…The buffer shall not be reduced to less than 75 percent of the standard buffer, unless no net loss is proven through a report. The administrator has the authority to reduce standard buffer widths outlined in Table 18.22.630(1) and Table 18.22.630(2) at the location of a proposed development on a case-by-case basis up to 25 percent as a Type I land use decision Currently, the administrator can reduce FWHCAs by 25% as long as the habitat functions and values of the FWHCA is not diminished, and the administrator can reduce it when a report demonstrates no net loss. The proposed changes standardize this by clarifying that the administrator can decrease up to 25% as a Type I process with a habitat management plan, ensuring that buffer averaging is used when possible, and requiring a CASP or Type III Variance for buffer reductions beyond 25%. JCC 18.22.630(10) Voluntary Restoration None Voluntary Restoration New code section provides a pathway to permitting restoration to FWHCAs and buffers that have been altered/damaged. This process includes the submission of an enhancement plan or habitat management plan to DCD. DCD shall provide information or technical expertise when possible to help facilitate the restoration. Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation JCC 18.22.630(12) moved from 18.22.620 Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available Utilities including sewer lines, on-site sewage systems and stormwater facilities (serving one parcel/development) may be permitted in FWHCA buffers only when no practicable or reasonable alternative location is available. (e) In addition to meeting the utilities standards a above, new utility corridors (serving more than one property) proposed within fish and wildlife habitat conservation areas or their associated buffers shall require a Type III Critical Area Variance. Proposed changes include sewer lines, septic systems, and stormwater facilities as utilities. When the utility supports one parcel it is allowed if it meets a set of criteria. If the utility supports more than one property it must meet the same criteria but must also go through a Type III Critical Areas Variance. JCC 18.22.630(13) Moved from 18.22.620 Existing requirements for bank stabilization are under 18.22.620(3) Added requirements for bank stabilization In addition to existing requirements, proposed changes clarify that bank stabilization is only allowed when no practical alternative location is available, and that a habitat management plan and site plan are required. JCC 18.22.630(14) and (15) Moved from 18.22.620 Existing requirements for new and expanding roads are under 18.22.620(6) Added requirements for road expansion. New roads require a Critical Area Variance. In addition to existing requirements, proposed changes clarify that road expansions require a habitat management plan and that new roads require a Critical Areas Variance. JCC 18.22.630(16) Moved from 18.22.620 Existing requirements for outdoor recreation Added requirements for Trail construction. Differentiates In addition to existing requirements, proposed changes regulate the size of trails in Section Number Jefferson County Code (JCC) DCD Staff’s Recommended Changes Explanation and trails are under 18.22.620(7) between public and private trails. buffers and construction materials. JCC 18.22.630(17) Moved from 18.22.620 Existing requirements for stream relocation are under 18.22.620(13) Added requirement of a Type III Critical Areas Variance for stream relocation. In addition to existing requirements, proposed changes require a Type III Critical Area Variance for stream relocation. JCC Changes to JCC 18.22.640 – Impact Assessment and Mitigation. Moved from 18.22.660 - Mitigation JCC 18.22.640 moved from JCC 18.22.660 When Required. Mitigation is required for FWHCA buffer reductions greater than 25 percent but less than 50 percent of the standard buffer widths. All unavoidable impacts to FWHCA require mitigation. Impact Assessment. All potential impacts to FWHCAs and buffers must be identified and described in the habitat management plan. Impact assessments shall be made based on requirements in Article IX (Special Reports). The current mitigation section applies to buffer reduction greater than 25%, but the proposed code regulates buffer reduction in other sections, so the focus of this section changes from mitigating buffer effects to mitigating any unavoidable impact to a FWHCA. Specifically; When a proposed use or development activity poses potentially significant adverse impacts to a regulated FWHCA or its buffers. The mitigation sequence remains the same. Additionally, proposed changes clarify that all potential impacts to a FWHCA or buffer must be listed and described in a habitat management plan.