Loading...
HomeMy WebLinkAboutA. Article I Auth. & II Admin. Track Changes.docxChapter 18.22 CRITICAL AREAS Sections: Article I. Authority, Purpose, and Intent 18.22.100 Authority. 18.22.110 Purpose. 18.22.120 Intent and construction of chapter. 18.22.100 Authority. 18.22.110 Purpose. 18.22.120 Intent and construction of chapter. Article II. Administrative ProvisionsRequirements 18.22.200 Applicability. 18.22.210 Identification and mapping of critical areas. 18.22.220 Critical area review process. 18.22.230 General exemptions. 18.22.240 Nonconforming uses and structures. 18.22.250 Variance. 18.22.260 Reasonable economic use exceptions. 18.22.270 Physical separation – Functional isolation. 18.22.280 Adaptive management. 18.22.200 Applicability. 18.22.210 Identification and mapping of critical areas. 18.22.220 Critical area review process. 18.22.230 General exemptions. 18.22.240 Nonconforming uses and structures. 18.22.250 Variance, types and criteria. 18.22.260 Reasonable economic use exceptions. 18.22.270 Buffers physical separated and functionally isolated. 18.22.280 Adaptive management. Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose. 18.22.310 Classification/designation. 18.22.320 Applicability. 18.22.330 Protection standards. 18.22.300 Purpose. 18.22.310 Classification/designation. 18.22.320 Applicability. 18.22.330 Protection standards. Article IV. Frequently Flooded Areas 18.22.400 Purpose. 18.22.410 Classification/designation. 18.22.420 Applicability. 18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and additional requirements. 18.22.400 Purpose. 18.22.410 Classification and designation. 18.22.420 Applicability. 18.22.430 Protection standards – Incorporation by reference of chapter 15.15 JCC and additional requirements. Article V. Geologically Hazardous Areas 18.22.500 Purpose. 18.22.510 Classification/designation. 18.22.520 Regulated activities. 18.22.530 Protection standards. 18.22.540 Required assessments and reports. 18.22.550 Recording and disclosure. 18.22.500 Purpose. 18.22.510 Classification/designation. 18.22.520 Applicability. 18.22.530 Protection standards. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)FWHCA)) 18.22.600 Purpose. 18.22.610 Classification/designation. 18.22.620 Regulated activities. 18.22.630 Protection standards. 18.22.640 Buffer reductions and averaging. 18.22.650 Habitat management reports – When required. 18.22.660 Mitigation.18.22.600 Purpose. 18.22.610 Classification and designation. 18.22.620 Applicability 18.22.630 Protection standards. 18.22.640 Impact assessment and mitigation. Article VII. Wetlands 18.22.700 Purpose. 18.22.710 Classification/designation. 18.22.720 Regulated activities. 18.22.730 Protection standards. 18.22.740 Mitigation. 18.22.700 Purpose. 18.22.710 Classification and designation. 18.22.720 Applicability. 18.22.730 Protection standards. 18.22.740 Impact assessment and mitigation. Article VIII. Agriculture 18.22.800 Purpose and intent. 18.22.810 Resource concerns. 18.22.820 Applicability and classification. 18.22.830 Protection standards. 18.22.840 Monitoring and adaptive management. 18.22.850 Compliance. 18.22.860 Limited public disclosure. 18.22.800 Purpose and intent. 18.22.810 Resource concerns. 18.22.820 Applicability and classification. 18.22.830 Protection standards. 18.22.840 Monitoring and adaptive management. 18.22.850 Compliance. 18.22.860 Limited public disclosure. Article IX. Special Reports 18.22.900 Purpose. 18.22.905 General requirements. 18.22.910 Waivers. 18.22.915 Retaining consultants. 18.22.920 Acceptance of special reports. 18.22.930 Critical aquifer recharge area reports. 18.22.940 Frequently flooded area reports. 18.22.945 Geologically hazardous area reports. 18.22.950 Habitat management reports. 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 18.22.960 Wetland reports. 18.22.965 Critical area stewardship plans. 18.22.900 Purpose. 18.22.905 General requirements. 18.22.910 Waivers. 18.22.915 Retaining consultants. 18.22.920 Acceptance of special reports. 18.22.930 Critical aquifer recharge area reports. 18.22.940 Frequently flooded area reports. 18.22.945 Geologically hazardous area reports. 18.22.950 Habitat management reports. 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 18.22.960 Wetland reports. 18.22.965 Critical area stewardship plan reports. Article I. Authority, Purpose, and Intent 18.22.100 Authority. This chapter is adopted under the authority of Article XI, Section 11section 11 of the Washington State Constitution, Chapter 36.70 chapter 36.70A RCW, the Growth Management Act, which empowers requires a county to enact a critical area ordinance and provide for its administration, enforcement and amendment, and Chapter 36.70A RCW, the Growth Management Act. [Ord. 5-20 § . [Ord. 5-20 § 2 (Appx. A)] 18.22.110 Purpose. The purpose of this chapter is to adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170 36.70A.170, part of the Growth Management Act (Chapter 36.70A chapter 36.70A RCW).), including the requirement to follow best available science. [Ord. 5-20 § 2 (Appx. A)] 18.22.120 Intent and construction of chapter Liberal Construction. The intent of this chapter is to comply with the requirements for critical areas in the Growth Management Act (Chapter 36.70A RCW), the Growth Management Act implementing regulations (Chapter 365-190 WAC), and the Jefferson County Comprehensive Plan. The provisions of thisThis chapter and all proceedings under it shall be liberally construed with a view to affect its purpose and intent. [Ord. 5-20 § 2 (Appx. A)] Article II. Administrative Provisions 18.22.200 Applicability, Conflicts with other provision of this code and Requests. (1) This chapter applies to any development, land disturbing activity , development, or activity undertaken on landuse located within or containing a critical area or a critical areaits associated buffer in Jefferson County. All persons within (2) Jefferson County shall comply with this chapter. (2) Jefferson County shall not grantissue any permit or other approval to alter a critical area or a critical area its associated buffer without ensuring compliance with all of the requirements of this chapter. (3) No land Land disturbing activity, development, or activity on landuse located within or containing a critical area or a critical area its associated buffer in Jefferson County shall be authorizedis prohibited without full compliance with all of the termsrequirements of this chapter. (4) Areas characterized by a particular critical area may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. Land- disturbing activities in critical areas or their associated buffers are prohibited without first obtaining all applicable permits. (5) When one type of critical area or its associated buffer adjoins or overlaps another type of critical area or its associated buffer, the more restrictive standardsstandard shall apply. (5) Uses, development, and activities in critical areas or critical area buffers for which no permit or approval is required by any other provision of the Jefferson County Code nevertheless are subject to the requirements of this chapter. (6) When any provision of this chapter is in conflict with any other section of the Jefferson County Code, the provision of the Code that provides most protection to the critical area shall apply, except that any. (7) Any critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the policies and regulations in Chapter 18.25 requirements in chapter 18.25 JCC. (7) 8) Compliance with these regulations doesthis chapter shall not remove an applicant from the obligationconstitute a defense for failing to comply with allany other applicable federal, state, or local regulations. (8) Any action taken in a critical area or a critical area buffer designated by this chapter that is in violation of the standards and conditions contained in this chapter is expressly prohibited. (9) The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), as locally adopted (Chapter 18.40 JCC).chapter 43.21C RCW), as locally adopted in chapter 18.40 JCC. Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination. (10) This chapter applies to allevery forest practicespractice over which Jefferson County has jurisdiction under Chapter 76.09 chapter 76.09 RCW, title 222 WAC, and WAC Title 222.conversion of lands to non-forestry use section18.20.160 JCC. [Ord. 5-20 § 2 (Appx. A)] 18.22.210 Identification and mapping of critical areas. (1) The approximate location and extent of critical areas within the countyCounty are displayed on various inventory maps available on the Jefferson County geographic information system (GIS) web site. Critical area maps periodically shall be revised, modified, and updated to reflect current information. (2) The critical areas maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. These Critical areas maps shall not be relied upon exclusively to establish the existence/, or absence or boundaries of a critical area, or to establish whether all of the elements necessary to identify an area as a critical area actually exist. (3) The type, extent and boundaries of critical areas may be determined in approved by the administrator based county records, field by a geotechnical professional, wetland specialist, wildlife biologistdata, or staff person according topresented in Special Reports that meet all of the requirements of this chapterArticle IX for a type of critical area. In the event of a conflict between a critical area location shown on the county’s maps and that of an on-site determination, the on-site determination will applythe administrator determination shall prevail over an inconsistent critical area location shown on the County’s maps. (4) To the extent practicable, the countyCounty shall ensure that its critical area maps are updated as inventories are completed in compliance with the requirements of the Growth Management Act (Chapter 36.70A chapter 36.70A RCW). [Ord. 5-20 § 2 (Appx. A)] 18.22.220 Critical area review process. (1) All applicants A Site Development Review outlined in section 18.40.420 to 480 JCC is required for new all permits for development are encouraged have a customer assistance meeting withor land disturbing activity. If the department prior to applying for a permit. Fees for a customer assistance meetingdevelopment entails complex issues that require additional input from DCD, the applicant may be applied towards the request an optional pre-application fee for the same project.conference per section 18.40.090 JCC. The purpose of this customer assistance meetinga pre-application conference is to discuss zoningshoreline and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. Such A pre-application conference shall be for the convenience of the applicant, may be conducted on-site, if agreed upon by the applicant and anyDCD. Any recommendations from the pre-application conference shall not be binding on the applicant or the countyCounty. (2) The department shall perform a critical area review for any development application submitted for a regulated activity.. Reviews for multiple critical areas shall occur concurrently. For a critical areasarea within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process. (3) The department shall To provide a timely and coordinated review process, to the extent reasonable,reasonably possible, DCD shall consolidate the processing of related aspects of other county regulatory programs whichpermits issued by County departments that affect activities in regulated critical areas, such as subdivision or site with the other development, with the approval process established permits, as outline in optional consolidated permit processing outlined in this chapter so as to provide a timely and coordinated review processsection 18.40.030(2) JCC. (4) As part of the DCD shall review of all development or building-related approvals or permit applications, the department shall review the information for development, land disturbing activity or a use submitted by the applicant to: (a) Confirm the nature and type of the critical area and evaluate; (b) Evaluate any required assessments, reports, or studies; (b) c) Determine whether the development proposalapplication is consistent with this chapter; (c) d) Determine whether any proposed alterationsadditional information is needed to process the site containing critical areas are necessarydevelopment application; and, (d) e) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the critical area and associated buffer as well as public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter. (5) If a proposaldevelopment has the potential to impact a critical area or aits associated buffer, the administrator may require a special report pursuant to ensure the protection requirements of this chapter. When required, critical are met. Critical area special reports are subject to all of the following requirements: (a) The applicant is required toshall submit a critical areaspecial report preparedwhen required by a qualified professional based on the report requirements of this chapter; (b) The report willshall be evaluated by DCD to determine if all potential impacts to the critical area or associated buffer have been addressed in the critical areaspecial report; (c) Any DCD shall review the impacts of the proposed development will be reviewed for compliance with mitigation requirements (as defined in JCC 18.10.130) and 18.10.130) to determine if the mitigation plan sufficiently addresses the potential impacts; and (d) Ensure that the submittal for the critical areasarea is consistent with other documentsdocumentation submitted as part of the development application and that the submittal is consistent with the requirements for a complete application in Chapter 18.40 chapter 18.40 JCC. (6) At every stage of the application development review process, the burden of demonstrating that a proposaldevelopment is consistent with this chapter is upon the applicant. [Ord. 5-20 § 2 (Appx. A)] (7) Compliance with this chapter and permit conditions shall be required for any permit issued by DCD. A final building certificate of occupancy shall not be issued until the mitigation proposal has been implemented per the approved mitigation plan and building permit conditions. Other development and stand-alone critical area review shall be required to ensure the mitigation proposal was properly implemented and all permit conditions pertaining to critical areas and buffers have followed prior to any land use disturbance or use of the property. An approved stand- alone critical areas review shall be completed to satisfy the requirements of this chapter. 18.22.230 General Exemptions from all types of critical area requirements. (1) Requirement for frequently flooded areas. Any development or land disturbing activity proposed within frequently flooded areas (i.e., 100-year floodplains or floodway) shall also require a flood permit application to be submitted to DCD. This requirement applies to the proposed exemptions listed in subsection (3) of this section. (1) The activities listed in subsection (4) of this section are exempt from the requirements of this chapter, assuming the proposed activity complies with all provisions of the exemption. (2) The administrator may determine that an activity is closely allied or similar to any activity in this list even if the proposed activity does not meet the precise terms of a listed exempt activity. The administrator is authorized to determine through a Type I permit process whether or not a development should be classified as an exempt activity and that such an activity does not impact the functions and values of any critical area or a critical area buffer. (3) (2) It is the responsibility of the applicant to provide sufficient information for the administrator to determine that one of the exemptions listed in subsection (4) of this section applies. (4) 3) The following activities in critical areas or a critical area buffersor its associated buffer are exempt from when in compliance with all of the requirements ofin this chaptersection, including those additional requirements in this subsection: (a) Agriculture(a) Agricultural activities. Existing and on-going agricultural activities, as defined in JCC 18.10.010, 18.10.010, are exempt and may continue in substantivelysubstantially the same manner; provided, the agricultural activity does not result in adverse impacts to a critical area or a critical areaits associated buffer. This exemption shall include maintenance and repair of lawfully established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work does not expand further into a critical area. (b) Forest Practices.practice activities. Classes I, II, III, and IV special (not Class IV general) forest practices regulated and conducted conversions or conversion option harvest plans) in accordance with the provisions of Chapter 76.09 chapter 76.09 RCW and forest practice regulations, WAC Title 222, title 222 WAC are exempt, except where the lands have been or are proposed to be converted to a use other than commercial forest product production.; (c) Maintenance – Transportation activities maintenance or reconstruction. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges; provided, that the maintenance or reconstruction complies with the additional requirements in subsection (5) of this section are exempt. (d) Maintenance or Reconstruction – On-Site Sewage Systems.site sewage system activities. Maintenance or reconstruction of on-site sewage systems; provided, the maintenance are exempt. The expansion or reconstruction of an on-site sewage system shall not further encroach upon a shoreline and critical area its associated buffers without obtaining written authorization or reconstruction complies with the additional requirements in subsection (5) of this sectiona permit from DCD. (e) Maintenance – Drainage. facilities or flood control structure maintenance or repair activities. Maintenance andor repair of existing drainage facilities or systems and flood control structures, including, are exempt. This includes but is not limited to, ditches (that do not meet the criteria for being considered a fish and wildlife habitat conservation area,designated FWHCA or wetlands), culverts, catch basins, levees, reservoirs, and outfalls; provided, the maintenance or repair complies with the additional requirements in subsection (5) of this section. (f) Utility Activities. This exemption is limited to the Utilities activities. The utility activities listed below; provided, the utility activities comply with the additional requirements in subsection (5) of this section are exempt, provided: (i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or, (ii) Installation, construction, relocation and replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, not including substations, in improved road rights-of-way.; (g) Reconstruction, Remodeling, or Maintenance – Structures. This exemption is limited to reconstructionremodeling, or maintenance of structures activities. Reconstruction, remodeling, or maintenance of structures activities are exempt, provided: (i) Reconstruction, remodeling, or maintenance of existing structures shall be within the footprint of an existing lawfully established structure provided the maintenance complies with the additional requirements in subsection (5) of this section, work; and, (ii) Work areas areshall be minimized to the fullest extent possible, work areas are restored to previous conditions as soon as construction is complete, and staging areas are located outside of all critical areas and critical areatheir associated buffers. This exemption shall not apply if the activity creates or continues a circumstance where personal or property damage is likely is due to conditions of the critical area or if there is further intrusion into a critical area or a critical areaits associated buffer. (h) Site Investigative Work. Site investigative workactivities. Site investigative activities in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areas, or their critical areaassociated buffers that is necessary for land usedevelopment application submittals or permit compliance, including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and percolation tests involvingthat involve no fillfilling of land or use of heavy equipment; provided, the site investigative work complies with the additional requirements in subsection (5) of this section and excavation for soil logs or percolation tests. Site investigation activities that involve excavated areas are required to be filled. unless waived by the administrator; (i) Emergency Action. Action that is taken which isactivities. Activities necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation; provided, the emergency action complies with the additional requirements in subsection (5) of this section. If the are exempt; provided: (A) The nature of the emergency requires immediate action within a time period too short to allow full compliance with this chapter, the department; (B) DCD, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers), must behave been notified of the emergency action within one working day of the initiation of the emergency action.; (C) Any person or agency undertaking emergency action using this exemption mustshall submit a complete application to department for review and approval within 30 days of abatement of the emergency, and the “after-the-fact” application mustshall show compliance with all requirements of this chapter.; (D) Any impacts to critical areas or critical areatheir associated buffers from the emergency activities that are not mitigated within one year of issuance of an “after-the-fact” permit shall be in violation of this exemption and may be subject to enforcement actions by the department.under title 19 JCC; (j) Artificial Wetlands and Artificial Ponds. Artificial wetlands and artificial ponds, provided. Artificial wetlands and artificial ponds activities are exempt if all of the following requirements are met: (i) The artificial wetland or pond does not meet the definition of wetland or fisha FWHCA; and wildlife habitat conservation area; and, (ii) The artificial wetland or pond was not historically constructed from a wetland or fish and wildlife habitat conservation areaa FWHCA (without receiving all applicable permits to modify the critical area).); (k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated a fish and wildlife habitat conservation area; provided, the maintenance or repair complies with subsection (5) of this section.as a FWHCA or wetlands; (l) Passive Recreation. Passive recreation, when the activity does Recreational uses without any adverse impact to a critical area. Recreational uses that do not cause any adverse impactsimpact to a critical area is exempt. Examples include, but are not limited to, such recreational uses as swimming, canoeing/, kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and bicycling. However, this exemption shall not apply to recreational uses that meet the definition of development; (m) Existing Residential Landscaping. Plantingresidential landscaping (typically non-native vegetation), including planting, irrigating, mowing, pruning, and maintenance and repair of landscaping structures are exempt; provided, these activities are part of existing normal residential landscaping activities and no building permit is required and the landscaping complies with subsection (5) of this section.. This exemption does not allow any additional intrusion, expansion, or introductioninstallation of nonnativenon-native species into a critical area or a critical area its associated buffer.; (n) Noxious Weed Controlweed control. Removal or eradication of noxious weeds listed in Chapter 16-750 WAC. Such activity is the responsibility of the landownerchapter 16-750 WAC; provided, the all of following conditions are met: (i) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson County noxious weed control board.Noxious Weed Control Board; (ii) The Jefferson County noxious weed control boardNoxious Weed Control Board shall coordinate with the department of planning and community developmentDCD for the control of noxious weeds in wetlands.; and, (ii) All(iii) The application of all herbicide applications in aquatic environments shall conform to the rules of the Washington State Department of Ecology, Washington State Department of Agriculture and Washington State Department of Natural Resources, pursuant to Chapters 16-228, 173-201a, and 222-38 WAC.chapters 16-228, 173-201a, and 222-38 WAC; (o) Harvesting of Wild Crops. The harvesting of wild crops. Harvesting wild crops as defined in 7 C.F.R § 205.2 is exempt; provided, that the harvesting: (i) Is not injurious to natural reproduction of such crops; (ii) Does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources; and, (iii) Does not have any adverse impacts on protection of the critical area or a critical areaits associated buffer.; (p) Planting Native Vegetation.vegetation enhancement. The enhancement of a critical area or its associated buffer by the removal of invasive plants by hand held machinery and the planting native vegetation is exempt. Invasive plants include those listed in the Washington State University Extension invasive forest weed resources (i.e. Butterfly bush, English holly, English ivy, Herb-Robert, Himalayan blackberry, English holly, Tansy ragwort, etc.) or qualified professional, and approved by the administrator. (q) New Trails.(q) Tree removal within FWHCA, wetlands and moderate or high landslide areas. All tree Removal within FWHCA, wetlands, and moderate or high landslide hazardous areas or their associated buffers are exempt; provided DCD also may require: (i) A tree removal permit; (ii) A special report from a certified arborist to determine if the tree is dead, diseased or a threat to habitable or accessory structures, or where people congregate; (iii). A habitat management plan or a mitigation plan; (iv) . A restoration plan to ensure that there is adequate native tree or native shrub cover in areas where a tree or trees are removed; (v) If tree removal is proposed in a moderate or high landslide hazard landslide hazard area, DCD may require a geotechnical report if tree removal could destabilize the slope; For tree removal in Shoreline Jurisdiction see also JCC 18.25.310(2)(c)(i)&(ii) and JCC 18.25.310(2)(d)(iii),(iv)&(vii). (r) New Trails. The construction of new, unpaved, nonmotorized trails when located in the outer 25 percent of a wetland or a fish and wildlife habitat conservation area or their critical area buffers; provided, the new trail is no wider than fivethree feet. This exemption shall not apply within a Shoreline Jurisdiction, frequently flooded area or its critical area buffer, where development must follow FEMA requirements, or within a geologically hazardous area or its critical area buffer if thefor new trail will be for public use trails within a moderate or high landslide hazard area. (r) Navigation Aids and Boundary Markers. Installation of navigation aids and boundary markers; provided, they are installed in accordance with applicable state and federal laws or the installation of mooring buoys in accordance with the Washington Department of Fish and Wildlife design guidelines and the Jefferson County shoreline management program (Chapter 18.25 JCC). (s) Beaver Dam Alterations with a Hydraulic Project Approval Pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC. Beaver dam alterations with a hydraulic project approval. Beaver dam alterationalterations in stream channels when undertaken with a hydraulic project approval issued by the Washington State Department of Fish and Wildlife pursuant to Chapter 77.55 RCW and Chapter 220-660 chapter 77.55 RCW and chapter 220-660 WAC are exempt. (5) Additional Protection and Restoration Requirements. Where compliance with this section is required by a subsection above, all of the following requirements must be met: (a) (4) Application for exemption. An application for an exemption shall contain all of the following: (a) Prior to the start of the development, land disturbing activity or use for which an exemption is sought, the applicant mustshall submit to the departmentDCD a written description of the development, land disturbing activity or use that includes at leastall of the following information: (i) Type, timing, frequency, and sequence of the development, land disturbing activity or use to be conducted; (ii) Type of equipment to be used (hand or mechanical); (iii) Manner in which What activity the equipment will be used; and to perform; (iv) The best How the development, land use activity or use avoids further alterations, impacts, or encroachment upon the critical area and its associated buffer; (v) Measures to be implemented to avoid impact to critical area and its associated buffer functions; (vi) Why no other reasonable or practicable alternative exists to achieve the applicant’s desired objective; and; (vii) Best management practices to be used. The written description(viii) Other information as determined by DCD to make this determination. (5) Five-year length of an approved application for an exemption. An approved application for an exemption shall be valid for five years; provided, there is no significant change in the type or extent of the activitydevelopment, land disturbing activity or use. Once the development or use is completed, it can be continued. However, any other development, land disturbing activity or use shall require additional review by DCD the development. (6) Limitations on exemptions. All exemptions are subject to all of the following limitations: (b) The development, land use activity cannot furtheror use shall not alter, impact, or encroach upon critical areas or critical area buffers and no reasonable or practicable alternative exists.; (c) The development, land disturbing activity cannot furtheror use shall not affect the functions of a critical area or a critical area buffer, and no reasonable or practicable alternative exists. to achieve the applicant’s desired objective; (d) Best management practices mustshall be implemented to minimize impacts to critical areas and critical area buffers their associated buffer s during the activity.; (e) Disturbed critical areas and critical areatheir associated buffers mustshall be restored immediately after the activity is complete.; and, (f) Any impacts of the development, land disturbing activity or us to a critical area or a critical areaits associated buffer mustshall be mitigated, as approved by the administrator. (6) (7) Authority of the administrator. The administrator has the authority tomay: (a) Request additional information, from an applicant to ensure compliance with exemption requirements, including special reports listed in Article IX of this chapter; (b) Determine whether or not an application for an exemption meets the exemptions listed; andall the requirements for the exemption; (c) Take enforcement action for any Determine that the development, land disturbing activity, development, or action undertaken on land or use is closely allied or similar to any activity in the list in subsection (7) of this section, even if the proposed activity does not meet the precise terms of an activity listed as exempt in subsection (7) of this section; provided the activity does not impact the functions and values of any critical area or its associated buffer; and (d) Take enforcement action under title 19 JCC for any development, land disturbing activity or use located within or containing a critical area or a critical areaits associated buffer in Jefferson County that does not meet exemption requirements. [Ord. 5-20 § 2 (Appx. A)] The decisions in subsections (a), (b), and (c) of this subsection are Type I land use decisions under JCC 18.40.040. 18.22.240 Nonconforming uses and structures. (1) Any legal use or legal structure in existence on the effective date of this chapter that does not meet the critical area or critical area buffer requirements of this chapter for any designated critical areaits associated buffer shall be considered a legal nonconforming use. (2) Any Applicants who prove to the satisfaction of the administrator that the use or structure for which an application has vested or for which a permit has been obtained was legal prior to the effective date of this chapter, that does not meet the critical area buffer requirements of this chapter for any designated critical area, shall be considered a legal nonconforming use. may continue. (3) A legal nonconforming use or structure may be maintained or repaired as allowed by this chapter. This may include meeting the provisions of JCC 18.20.260. (4) A legal nonconforming use or structure that has damaged or destroyed may be restored to a lawfully established prior condition and the immediately previous use may be resumed in accordance with nonconforming provisions of JCC 18.20.260. [Ord. 5-20 § 2 (Appx. A)] 18.20.260. (5) Nonconforming uses and structures in a critical area or its associated buffer that are under the jurisdiction of the Shoreline Management Act shall follow JCC 18.25.660 (Nonconforming development). 18.22.250 Variance Buffer variance types and criteria. (1) Requests Applications for relief from the dimensional or performance standardsa variance shall be made on forms approved by the administrator and shall contain all of the information required in JCC 18.40.100 and in this subsection (1): (a) All applications for a variance shall include restoration plan, habitat management plan or mitigation plan consistent with the provisions of Article IX Special Reports of this chapter shall require. The application for a critical areas variance which shall be processed as a Type III permit; provided:pursuant to chapter 18.40 JCC (Application and Review Procedures). (2) The hearing examiner in accordance with Chapter 2.30 JCC shall have the authority to grant a variance from the requirements of this chapter when, in the opinion of the hearing examiner, all of the following criteria have been met: (a) There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to surrounding properties or that make it impossible to redesign the project to preclude the need for a variance; (b) The applicant has avoided impacts and provided mitigation to the maximum practical extent; (c) The critical area buffer reduction proposed through the variance is the minimum necessary to accommodate the permitted use; (d) Granting the (b) Applications for a variance willunder this section may be pursued only if buffer averaging is not feasible. Buffer averaging is not considered a variance. (c) Applications for a Type I Administrative variance or a Type III critical area variance shall satisfy all of the requirements in subsection (2) of this section. (2) Variance criteria Prior to the granting of a variance, the applicant shall demonstrate that all of the following criteria have been met: (a) Failure to grant the variance would result in an extraordinary hardship to the applicant; (b) The extraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and is not, for example, from deed restrictions or the applicant’s own actions; (c) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists; (d) The granting of the variance shall not be materially detrimental to the critical area, public health, safety, welfare, use or interest; or injurious to the property or improvementimprovements in the vicinity; (e) Granting the variance is necessary to ensure(e) The granting of the variance is the minimum necessary to afford relief to accommodate a use allowed under the Comprehensive Plan, chapter 18.45 JCC, Land Use Districts, chapter 18.15 JCC, Jefferson County Shoreline Master Program (SMP), chapter 18.25 JCC, or other applicable provisions of the Code; (f) The granting of the variance shall not materially compromise the goals and policies of the Comprehensive Plan, the Code, or be inconsistent with title 18 JCC. Proposal that do not meet the variance criteria may submit a reasonable economic use exception or a critical area stewardship plan (CASP). 18.22.260 Reasonable economic use exceptions. Except when application of this chapter would deny all reasonable use of the property, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue relief by means of a variance as provided for in this chapter. Any reasonable use authorized under this section shall also be an allowed or conditional land use as specified by chapter Section 18.15 land use districts. If the application of this chapter would deny reasonable use of the property, or would otherwise constitute a taking under either the State or federal constitution, the applicant may apply for a reasonable use exception pursuant to this subsection: (1) An application for a critical area reasonable use exception shall be filed with the Administrator and shall be considered by the Hearing Examiner as a Type III permit pursuant to Chapter 18.40 JCC. The applicant may apply for a reasonable use exception without first applying for a variance if the requested exception would provide relief from standards for which a variance cannot be granted under this chapter (i.e. exceeds the maximum reduction permitted in each of the critical area protection standards). The property owner and/or applicant for a reasonable use exception have the burden of proving that the property is deprived of all reasonable uses. (2) Even though a variance application is not required, a reasonable use exception is a type of variance and shall meet the variance criteria found in Section 18.22.250 JCC to the maximum extent possible. In addition, approval of a reasonable use exception requires consistency with the Comprehensive Plan and any attendant public service obligations; and (f) No other practicable or reasonable alternative exists. (3) In lieuall of the following criteria listed in subsections (2)(a) through (f) of this section, an applicant may pursue a critical area variance through proof of all of the following criteria. Demonstration of consistency is burdened upon the applicant: (a) ) The applicant has avoided impacts and provided mitigation, in accordance with this chapter, to shall submit reports documenting the maximum practical extent; (b) The variance will not adversely impact receiving water quality or quantity; (c) The variance will not adversely impact any functional attributelocation of all the critical area; (d) The variance will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or priority habitats; and (e) The variance is based on the criteria and standards referenced in this chapter. [Ord. 5-20 § 2 (Appx. A)] 18.22.260 Reasonable economic use exceptions. (1) Permit applicants for a property so encumbered by critical areas orand their associated buffers that application of this chapter, including buffer averaging, buffer reduction, or other mechanism, would deny all reasonable economic use may seek approval pursuant to the reasonable economic use standards and procedures provided in this section. This information shall be identified on a site map to scale. (2) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the application of this chapter would deny all reasonable economic use of the subject property, including agricultural use, use or development shall be allowed if it is consistent with the zoning code and the purposes of this chapter. (3) To qualify as a reasonable economic use, the technical administrator or hearing examiner, as appropriate, must find that the proposal is consistent with all of the following criteria: (a) (b)Application of this chapter would deny all reasonable use of the property; and (c) There is no portion of the site where the provisions of this chapter allow reasonable economic use, including agricultural use or continuation of legal nonconforming uses; (b) There is no feasible alternative to the proposed activities that will provide reasonable economicother reasonable or practicable use with less adverse impact on the critical areas or buffers;area; and (c) Activities will be located as far as possible from critical areas and the project employs all reasonable methods to avoid adverse effects on critical area functions and values, including maintaining existing vegetation, topography, and hydrology. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area; (d) The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with(d) The proposed development does not pose an adopted recovery plan; (e) Measures shall be taken to ensure the proposed activities will not cause degradation of groundwater or surface water quality, or adversely affect drinking water supply; (f) The proposed activities comply with all state, local and federal laws, including those related to erosion and sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; (g) The proposed activities will not cause damage to other properties; (h) The proposed activities will not increase risk to theunreasonable threat to the public health or, safety of peopleor welfare on or off the development proposal site; and (i) e) The inabilityproposed development is consistent with the general purposes of this chapter and the public interest, and does not conflict with applicable State and federal laws; and (f) The proposed alterations to derive regulated critical areas are the minimum necessary to allow for reasonable economic use of the property is not the result of segregating or dividing the property or creating the condition. (3) Any authorized alteration of lack of use; anda critical area under this section may be subject to conditions established by Jefferson County and may require mitigation under an approved mitigation plan pursuant to Article IX Special Report of this chapter. (j) The project includes mitigation for unavoidable critical area and buffer impacts in accordance with the mitigation requirements of this chapter. [Ord. 5-20 § 2 (Appx. A)] 18.22.270 Physical separation – Functional isolation Buffers physically separated and functionally isolated. (1) Exclusion for Functionally Isolated Critical Areas Buffers. Subject to the limitations in subsection (2) of this section, critical areas (1) Critical area buffers that are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded from critical area buffers otherwise required byareas requirements of this chapter. FunctionalPhysical separated and functional isolation can occur due to anthropogenic physical conditions such as an existing impervious public roads,road, or structures of sufficient size to eliminate buffer functions, vertical separating, or any other relevant physical characteristic. The administrator shall evaluate whether the interruption affects the entirety of the buffer. Individual structures that do not fully interrupt buffer functions shall be limited in scope to just the portion of the buffer that is affected. (2) Limitations on Functional Isolation. (a) Functional isolation shall be limited to landslide hazard, wetland buffers and fishFWHCA, and wildlife habitat conservation areatheir associated buffers only. (b) Functional isolation shall not be used in geologically hazardous areas, critical aquifer recharge areas or frequently flooded areas. (3) Special Report May Be Required. The administrator may require a special report to determine whether a critical area and its associated buffer is functionally isolated. [Ord. 5-20 § 2 (Appx. A)] 18.22.280 Adaptive management. Adaptive management relies on scientific methods to evaluate how well regulatoryis an ongoing process if assessing critical area policies, regulations, and nonregulatory actions achieve their objectivesprocedures and adjusts those programs. Management, policy, and regulatory actions are treated as experimentsthis process is intended to identify ways of improving critical area protection. Monitoring of process improvements leads to a feedback loop that can be used to continuously make improvements. Monitoring includes assessing if permits followed all applicable regulations, if regulations are implemented consistently over time, and if regulations are purposefully monitored and evaluated to determine whether they are effective and, if not, how they should be improved to increase their effectiveness. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. To effectively implement an adaptive management program, Jefferson County,resulting in no net loss of critical area functions. The County looks to improve processes, and, as funding and staffing allow, are interested in support of this chapter, will: (1) Address funding for the research component of the adaptive management program; (2) Change course based on the results and interpretation of new information that resolves uncertainties; and (3) Commit to the appropriate time frame and scale necessary to reliably evaluateevaluating regulatory and nonregulatory actions affecting critical areas protection and anadromous fisheries. [Ord. 5-20 § 2 (Appx. A)]area protections.