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HomeMy WebLinkAbout7 Wetlands Comparison table 8-04-2025APPENDIX A August 5, 2025 - The followings denote the main differences among the current Jefferson County Code and Staff Recommendations: This amended Table focuses on changes to 18.22.700-740, Article 7, Wetlands Section Number Jefferson County Code (JCC), current through Ordinance 03- 0610-24, passed June 10, 2024 DCD Staff’s Recommended Changes Explanation Appendix A—Changes to JCC 18.22.700 Purpose JCC 18.22.700 general updates to purpose of section Add (1), update (3) which was originally (2), ad get rid of old (3) and (4). Appendix A—Changes to JCC 18.22.710 Classification/Designation JCC 18.22.710 Moved from JCC 18.22.710(3)(e) Wetlands located within shoreline jurisdiction need to be protected by the Jefferson County Shoreline Master Program regardless of wetland rating. Moved language to clarify existing requirement. JCC 18.22.710(4) Types of wetland evaluations Sources of identification. Proposed changes - add a section listing out potential sources of identification while deferring to a site evaluation completed by a qualified professional. Existing code regarding types of wetland evaluations is moved to 18.22.730. Appendix A—Changes to JCC 18.22.720 Regulated Activities JCC 18.22.720 Code currently lists out types of regulated activities Proposed code states that everything within the wetland or buffer is a regulated activity unless specifically Reorganizing code for regulatory reform purposes. Section Number Jefferson County Code (JCC), current through Ordinance 03- 0610-24, passed June 10, 2024 DCD Staff’s Recommended Changes Explanation exempt in 18.22.230 Appendix B—Chapter JCC 18.22.730 – Protection Standards JCC 18.22.730 Types of wetland reports. Moved from 18.22.710 The administrator has the ability to waive a wetland evaluation requirement if dept. staff or a wetland evaluator has determined that there is sufficient information to estimate the boundaries and they use the largest buffer. Only good for Single-Family Residences on Legal Lots of Record. When staff can estimate the edges of the wetland and proposed development is not within the largest buffer, a wetland evaluation can be waived by the administrator. JCC 18.22.730(3) Vegetation Retention Added section regarding vegetation retention New section outlines requirements for retaining vegetation in a wetland and buffer. Review from DCD is required, creates regulations for clearing in and near right of ways and easements, and requires directional felling of trees to avoid critical areas and buffer vegetation. JCC 18.22.730(4) Wetland Rating Summary of wetland rating requirements. New code section summarizes existing requirements for wetland ratings. JCC 18.22.730(5) Buffer Marking DCD may require(a) marking edge of buffer or wetland 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 Section Number Jefferson County Code (JCC), current through Ordinance 03- 0610-24, passed June 10, 2024 DCD Staff’s Recommended Changes Explanation (b) building setback of 5 feet will be required for structural development. (c)location of critical areas on site plans (d) Permanent fencing, berms, barriers, or native vegetation plantings. (e)signs when activity is commercial or public (f)notice to title if the critical area is not in the permit or the county GIS 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. There is an existing 5 ft building setback from a buffer and it is added to this section for clarification. JCC 18.22.730(6)(C) Land Use Intensity hobby farms and soft sided greenhouses are moved from high intensity to moderate. Class IV special forest practices, including the building of logging roads taken off of list. Residential development on parcel over 5 acres is moved from moderate to low intensity. Proposed changes including moving some kinds of agriculture from high intensity to moderate, and adding a new category of residential development that is categorized as low intensity – residential development on parcels over 5 acres in size. Section Number Jefferson County Code (JCC), current through Ordinance 03- 0610-24, passed June 10, 2024 DCD Staff’s Recommended Changes Explanation Table 18.22.730(1)(a). 50 ft buffer for low impact Category I wetland with a habitat score of 3-5 Change this buffer to 40 feet. IDK. Whyyyyy? Table 18.22.730(1)(b) New table proposed for wetland buffers for wetlands with specified characteristics Current code requires wetlands with special characteristics to be based on the highest habitat score, so 300, 225, or 150 based on the intensity of use. New table gives straight buffers depending on the kind of wetland on site, not dependent on use intensity. JCC 18.22.730(8) Buffer averaging Buffer averaging New code categorizes buffer averaging. Type I can be done by the administrator for up to 25% using an enhancement plan or habitat management plan. Type II can be done through a Type II permitting process for up to 50% using a habitat management plan. Type II requires well vegetated buffer, Type Ii requires fully vegetated buffer and a 5-year monitoring plan. JCC 18.22.730(9) Buffer reduction Buffer Reduction New code categorizes buffer reductions. Up to 25% can be done through a Type I variance. Over 25% requires a Type III variance. Buffer reductions will not be allowed if buffer averaging is feasible. JCC 18.22.730(11), (12), (13), (14), (15) Voluntary Restoration, Utilities, Road/Street Expansions, New Roads, and Outdoor Section Number Jefferson County Code (JCC), current through Ordinance 03- 0610-24, passed June 10, 2024 DCD Staff’s Recommended Changes Explanation recreation/trails updated to match updates made to 18.22.630 regarding these uses.