HomeMy WebLinkAboutF. Article VIII Agriculture Track ChangesArticle VIII. Agriculture
18.22.800 Purpose and intent.
(1) Jefferson County desires to encourageencourages the conservation of productive agricultural
landsland and to implement alternative means of protecting critical areas using conservation practices in this article. As allowed under WAC 365-196-830 (Protection of Critical Areas 365-196-830 (Protection of critical areas), both regulatory and voluntary measures may be developed and used to prevent degradation of critical areas.
(2) The well-being of agricultural activities in Jefferson County depends in part on good quality
soil, water, air, and other natural resources. Agricultural operationsactivities that incorporate protection of the environment, including critical areas and their buffers as defined by this title, are essential to achieving this goal.
(3) Jefferson County offers producers of agricultural producersproducts or commodities two paths to achieve no net loss of critical area functions and values while supporting the viability of
agriculture. These two paths are:
(a) A “prescriptive” approach is one in which standard buffer widths from streams, wetlands, and ponds are established, which may offer a simpler yet stricter set of standards; or
(b) A “performance” based approach where the producer of agricultural products or
commodities works independently or with farm assistance agencies to identify the resource
concerns that are unique to the farm operation and to implement practices best suited to address those concerns.
(4) Jefferson County DCD shall ensure monitoring and adaptive management processes are in place to evaluate whether the application of performance-based approaches address resource concerns identified in this article to the extent related to agricultural activities. [Ord. 5-20 § 2 (Appx. A)]
18.22.810 Resource concerns.
Agricultural activities have the potential to create adverse impacts to critical areas. It is the county’s policy goal of this chapter to minimize suchthe impacts. of:
(1) Nutrient Pollution of Waterwater. Agricultural activities without proper conservation practices
may contribute wastes or sediments into a natural or modified natural stream or wetlands.;
(2) Nutrient and Farm Chemical Management of manure and chemicals used for agricultural activities. Without proper conservation practices, manure could be carried into a stream, wetlands, or other waters of the state by any means. Farm chemicals must Chemicals used for agricultural activities shall be applied consistent with chemical container labels and all applicable federal and
state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife habitat
conservation areas.;
(3) Soil Erosion and Sediment Control Managementerosion. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams.;
(4) Operation and Maintenance of Agricultural Drainage Infrastructureinfrastructure. Maintenance and operation of ditches should be designed to prevent maintenance problems, avoid blocking
water flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure
stream bank vegetation is protected or replanted.; and
(5) Riparian Management.(5) Unnecessary removal of riparian vegetation. Dense riparian vegetation along the water’s edge will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds, and wildlife; and, keep water
cooler in summer. Existing riparian vegetation should be managed to continue to provide soil and
streambank stability, shade, filtration, and habitat for fish and wildlife, and control noxious weeds. [Ord. 5-20 § 2 (Appx. A)]
18.22.820 Applicability and classification.
(1) Applicability. Proponents of the following activities within fish and wildlife conservation areas or
wetlands or their buffers shall comply with either 18.22.820 Alternative performance-based approach for agriculture in FWCAs or Wetlands.
(1) Application. On an application form approved by the administrator, an owner or a producer of agricultural products or commodities may apply to use the prescriptive standardsrequirements of
this chapter orinstead of the performance-based approach in requirements of this article for the
following agricultural activities within a FWCA or a wetland or its associated buffer:
(a) New or expanded areas of agricultural activities.; and,
(b) Producers of agricultural products or commodities conducting one or more of the following agricultural activities within the footprint of thea agricultural activity existing as of the
effective date of this code (March 10, 2020):, the date agriculture was first regulate under this article:
(i) Adding or expanding temporary or permanent structures;
(ii) Adding or expanding compacted areas such as for parking, roads, or access;
(iii) Adding or expanding impervious areas;
(iv) Adding or replacing wells or septic systems;
(v) Constructing or altering ditches or drainage systems;
(vi) Constructing or altering farm and stock ponds for agricultural use;
(vii) Expanding or altering manure or compost management structures or practices;
(viii) Altering the application of fertilizers or agricultural chemical management activities
in proximity to wetlands or water bodies;
(ix) Adding or altering irrigation practices; or
(x) Other similar agricultural activities as determinedapproved by the administrator.
(2) This article does not apply to:
(a) Exempt Activities agricultural activities per JCC 18.22.230. 18.22.230. Agricultural
activities occurring within the footprint of use as of the effective date of this code (March 10,
2020), the date agriculture was first regulated under this article are exempt from compliance with this chapter unless listed in JCC 18.22.720. 18.22.720; or,
(b) Agricultural activities that do not lie within fish and wildlife conservation areasFWHCA or wetlands.
(3) Agricultural Checklist and Classification. The departmentchecklist and classification. DCD shall
develop, adopt and maintain an agricultural checklist in consultation with farm assistance agencies for completion by producers. of agricultural products or commodities. The agricultural checklist shall identify agricultural activities and the conservation practice(s) necessary to achieve the performance standards in JCC 18.22.830 18.22.830 and avoid potential negative impacts described
under resource concerns in JCC 18.22.810. Based 18.22.810. The following classifications shall
be used on the achievement of performance standards as documented in the agricultural checklist,
proposals shall be typed as follows:
(a) Type 1 Conservation Practices Compliant.conservation practices compliant. A Type 1 classification applies to producers of agricultural products or commodities that have a farm
plan developed by state or federal farm assistance agencies, or have completed the agricultural
checklist, demonstrating that the proposala development application addresses performance
standardsstandard in JCC 18.22.830 18.22.830 due to the nature of the proposals and conservation practices in place that avoid potential negative impacts described under resource concerns in JCC 18.22.810. 18.22.810.
(b) Type 2 Conservation Practices Scheduled.conservation practices scheduled. A Type 2
classification applies to proposalsdevelopment that dodoes not meet one or more performance standards in JCC 18.22.830 18.22.830 and identifies conservation practices that will adequately address resource concerns created by the agricultural activities. The conservation practices shall be implemented based on a schedule developed in consultation with farm
assistance agencies or a report by a natural resource conservation professional. Such scheduled conservation practices shall avoid resource concerns identified in JCC 18.22.810 and meet
performance standards in JCC 18.22.830. 18.22.810 and meet performance standards in JCC 18.22.830.
(c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2(c)
Conservation practices unable to be met applies when the checklist criteria and cannot
document that appropriate conservation practices have been implemented or scheduled that will adequately address resource concerns created by the agricultural practices. Theactivities. A producer of agricultural products of commodities shall complete an agricultural checklist and provide a report prepared by a state or federal farm assistance agency or a natural resource
conservation professional to demonstrate how the proposal meets the performance standards
in JCC 18.22.830 18.22.830 and avoids potential negative impacts described under resource concerns in JCC 18.22.810. 18.22.810. If performance standards cannot be met with adequate conservation practices scheduled, the proponentapplicant shall be subject to the prescriptive standards of this chapter and may apply for variances or reasonable economic use exceptions
as applicable under JCC 18.22.250 and 18.22.260 18.22.250 and 18.22.260, where appropriate, or may pursue a financially bonded critical area stewardship plan (CASP) as
applicable under JCC 18.22.965; provided, the proposal can meet all CASP financial and other
provisions. [Ord. 5-20 § 2 (Appx. A)]
If performance standards cannot be met with adequate conservation practices scheduled, the applicant shall be subject to the prescriptive standards of this chapter and may apply for a variances under JCC 18.22.250 or a reasonable economic use exception under JCC 18.22.260, where
appropriate, or may pursue a financially bonded critical area stewardship plan (CASP) as
applicable under JCC 18.22.965; 18.22.965; provided, the proposal can meet all CASP financial
and other provisions. [Ord. 5-20 § 2 (Appx. A)]requirements.
18.22.830 Protection standards.
(1) Performance Standards. Producers of agricultural products or commodities shall submit an
agricultural checklist and supporting documentation to the satisfaction of the administrator to
demonstrate all of the following performance standardsrequirements are met due to the nature of the proposal as well as installed or scheduled conservation practices:
(a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands.;
(b) Roof runoff is managed so that it does not result in ponding or channeling in confinement
areas, or contribute to the discharge of manure, pathogens, sediment, pesticides, and other contaminants to fish and wildlife habitat conservation areas and wetlands.;
(c) Areas of farm production(c) Agricultural lands are managed to prevent stormwater from carrying manure, pathogens, sediment, pesticides, and other contaminants from entering all
fish and wildlife habitat conservation areas and wetlands.;
(d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams and ditches installed and maintained in a manner that prevents the entry of manure, pathogens, sediment, pesticides, and other contaminants.;
(e) Livestock are excluded from fish and wildlife habitat conservation areas and wetlands by
means of fencing, gates or other controls that are consistent with the practices recommended
by farm assistance agencies.;
(f) Buffers are established that either:
(i) are consistent with either the prescriptive standards in this chapter applicable to fish and wildlife habitat conservation areas or wetlands; or
(ii) consistent with farm assistance agency-designed conservation practices that provide
for buffers around fish and wildlife habitat conservation areas or wetlands within areas where livestock are kept.;
(g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands.;
(h) Manure is applied in a manner and its application timedis applied to prevent pollution of fish and wildlife habitat conservation areas and wetlands.;
(i) Compost production is handled and stored in a way that prevents stormwater from carrying
nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat conservation areas and wetlands.;
(j) Application of fertilizers Fertilizers or agricultural chemicals for weed and pest control are
conductedapplied in a manner that prevents them from entering any fish and wildlife habitat
conservation areasFWHCA and wetlands on the farmagricultural land either by aerial drift or
by stormwater run-off.;
(k) The proposaldevelopment avoids adverse alteration of wetland hydrology.;
(l) The proposaldevelopment protects riparian vegetation or tree cover after drainage maintenance or construction.;
(m) The proposal maintains surface and groundwater flow, discharge, and recharge, through
such means including but not limited to maintaining soil permeability, avoiding net increases in impervious areas, avoiding compaction, or avoiding changing discharge to streams.;
(n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands consistent with the practices recommended by farm assistance agencies.;
(o) The site has not been cleared under a forest practices permit or altered tree cover by more
than 10,000 square feet.;
(p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as proposed are in conformity with countythe flood hazard regulations in chapter 15.15 JCC and the practices recommended by farm assistance agencies.; and
(q) The A proposed agricultural activity is consistent with locational allowances in subsection
(2) of this section.
(2) Locational Standardsstandards. Table 18.22.830(1) identifies agricultural activities that are allowed in or near wetlands and streams and their prescriptive buffers.
(a) Cultivation and production and agricultural structures, buildings, impervious areas shall
meet the locational allowances and associated performance standards.
Table 18.22.830(1) Agricultural Activities Allowances in Wetland and Wetland and Associated Buffers
Table 18.22.830(1)
Agricultural Activities Allowances in Wetland and Wetland/Stream Buffers
Activity Allowed in Wetlands Allowed in Prescriptive Wetland and
Streamits Associated Buffers
Cultivation and
production
Yes, existing agricultural activities
lawfully established as of the effective
date of this chapter (March 10, 2020), the date regulation of agriculture was first adopted in this article. Yes, new or expanded agricultural
activities 1,2
Yes, existing agricultural activities
lawfully established as of the effective date
of this chapter (March 10, 2020), the date regulation of agriculture in this article was first adopted. Yes, new or expanded agricultural
activities 1,2
Agricultural structures, buildings,
impervious areas
Limited to activities addressed by farm assistance agency practices on farmed wetlands, including but not limited to
high tunnel systems, where consistent
with federal and state law 1,2,3
Yes, existinglegal agricultural activities
lawfully established as of the effective date of
this chapter (March 10, 2020), the date
regulation of agriculture in this article
was first adopted. Yes, new or expanded agricultural activities 1,2
Notes: 1 Subject to performance standards in subsection (1) of this section and determined to be a Type 1 conservation practices satisfied or Type 2 not satisfied proposal per JCC 18.22.820. 18.22.820. 2 Conditions or performance standards applied by the administrator may include but are not limited to wetland/ and riparian or buffer enhancement in limited circumstances and as determined in
consultation with a farm assistance agency or, qualified professional, or wetlands specialist, provided
proposed actions for compensation are conducted in advance of the impact and are shown to be successful and provided enhancement is part of ongoing monitoring. 3 Producers of agricultural products or commodities shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by another farm assistance agency,
state oversight agency official, qualified professional, wetlands specialist, or Jefferson CountyDCD.
(3) Structures. Structures shall be determined to achieve no-net-loss of critical area functions and values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports the administrator making a written decision finding that the landowner’sowner’s compliance with other state or federal regulations or permits provides sufficient protection on the site to satisfy
related critical areas requirements of this chapter.
(a) The administrator may condition the proposed agricultural activities to avoid resource concerns in JCC 18.22.810 through the application of 18.22.810 by requiring conservation
practices recommended by farm assistance agencies, natural resources conservation professional, or a qualified professional.
(b) If thean agricultural activity is a Type 3 critical area undocumentedhas conservation
practices unable to be met or does not demonstrably meet the performance standards in subsection (1) of this section, or does not meet locational requirements of Table 18.22.830(1), the administrator shall deny proposal. The proponentapplicant may seek use of the prescriptive path offered in this chapter.
(4) Conservation Practices. Agricultural landownerspractices. Owners of agricultural land and
operatorsproducers of agricultural products or commodities are encouraged to design conservation practices through use of the following resources:
(a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office Technical Guide” (FOTG) contains a nonexclusive list of conservation practices to guide
implementation of the expectations of this article.
(b) The Jefferson County conservation districtConservation District is available to assist with completion of an agricultural checklist and in the development of conservation plans approved through the NRCS. A producer of agricultural products or commodities may also work with other farm assistance agencies.
(5) Scheduled Conservation Practices. For a Type 2 conservation practices scheduled. For a
conservation practices not satisfied proposal, the proponentapplicant shall identify the standards by which the practice will be designed and the scheduled date of implementation. The proponent shall provide documentation the scheduled conservation practice has been established in accordance with the design specifications following implementation. [Ord. 5-20 § 2 (Appx. A)]
18.22.840 Monitoring and adaptive management.
Monitoring provides information used by Jefferson CountyDCD to assist in determining the effectiveness of the county’s critical area regulations and conservation practices applicable to agricultural activities. Jefferson CountyDCD shall develop a cooperative monitoring program with producers of agricultural products or commodities, conservation district staff and farm assistance
agency staff based on the conservation practices and performance standards of approved critical
areas permits in agricultural areasland. The monitoring program shall identify existing functions and values per subsection (1) of this section, the thresholds of no harm or degradation in subsection (2) of this section, and the benchmarks and outcomes in subsection (3) of this section. The monitoring and adaptive management report shall be prepared periodically in accordance with
subsection (4) of this section.
(1) “Existing functions and values” relate tomeans the following categories as compared toand conditions that existed as of the effective date of this chapter (March 10, 2020):), the date regulation of agriculture was first adopted in this article:
(a) Water quality, as documented in a given watershed by the Jefferson County conservation
districtConservation District or other managementa farm assistance agency.;
(b) The existence or absence of large woody debris within a stream, as documented in the analyses completed by the Washington State Department of Fish and Wildlife for the Water
Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.;
(c) The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in analyses completed for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.;
(d) The existing channel morphology as documented with Washington State Department of
Natural Resources Aerial Photography.; and,
(e) Location and functions of wetlands if present and determined by a wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical areas mapper or other mapped documentation and described by a wetland rating (when available).
(2) “No harm or degradation” means the following:
(a) Maintaining or improving documented water quality levels, if available.
(b) Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Washington State Department of Ecology pursuant to Chapter 90.48 chapter 90.48 RCW.
(c) Meeting all applicable requirements of Chapter 77.55 chapter 77.55 RCW and Chapter 220-
660 chapter 220-660 WAC (Hydraulics Code).
(d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the stream or wetland that can be reasonably attributed to adjacent agricultural activities.
(e) The references above to Chapters 77.55 chapters 77.55 and 90.48 90.48 RCW and
Chapters 173-201A chapters 173-201A and 220-660 220-660 WAC shall not be interpreted to
replace Washington State Department of Ecology and Washington State Department of Fish and Wildlife authority to implement and enforce these state programs.
(3) Monitoring Program Benchmarksprogram benchmarks and Outcomesoutcomes.
(a) Water quality monitoring results shall be based on sampling data collected and analyzed
by in accordance with the most recent version of the Washington State Department of Ecology Guidelines for Project Quality Plans for Environmental Studies County and reviewed by the Jefferson County department of public healthDepartment of Environmental Public Health, or a designated partnering agency. To comply with the no harm requirement for water quality, all parameters evaluated must remain comparable (or improve) relative to established state
standards. If any water quality parameter shows a decline, the departments of community
development and public health may require on-site sampling of upstream and downstream water quality conditions to determine if permitted activities that have been implemented have since affected water quality.
(b) Habitat ecology should remain comparable to the watershed conditions as documented by
agencies with expertise with no net loss of critical area functions and values compared to a
baseline as of the effective date of this ordinance (March 10, 2020).), the date regulation of agriculture was first adopted in this article. Additionally, indicators of habitat conditions, such
as (i) the percent cover of woody vegetation (native trees and shrubs) shall not result in a net
decrease; (ii) the amount of habitat features such as snags, downed woody debris, and open water habitats shall not result in a net decrease.
(c) In-stream fish habitat, wetland and riparian vegetation conditions should remain stable or improve (based on assessments, reports, and online information published the Washington
State Department of Fish and Wildlife or another state or federal agency with comparable
expertise). Critical area restoration and habitat improvement projects when required as part of approved conservation practices or performance standards shall meet specific benchmarks to ensure success. The applicant shall propose specific benchmarks for approval by the director. The benchmarks shall reference indicators of habitat conditions per subsection (3)(b) of this
section or other relevant habitat ecology indicators based on site specific conditions, advice
from farm assistance agencies, advice from agencies with expertise, or applicable areawide studies by qualified professionals, wildlife biologist or agencies with expertise that are relevant to the site. At a site-specific level, any activity that negatively affects salmonids shall be considered a negative benchmark. This could include, but is not limited to, installation of in-
stream barriers to fish passage, removing woody debris from a stream, altering spawning
gravel, altering pool/ and riffle instream conditions, or introduction of chemicals into the water column.
(d) Wetland area and function should remain stable or improve, as documented by monitoring or periodic site inspection of plan implementation or aerial photo analysis of mapped wetlands
within areas of new or expanded agricultural intersects.
(4) Reporting. The administrator shall periodically review the monitoring and adaptive management report of applicant conservation practices programs’ implementation and compliance beginning one year after the effective date of this article and every two years thereafter, through the life of the monitoring and adaptive management report, or more frequently at the
administrator’s discretion. The review may include periodic site inspections, a certification of
compliance by the producer of agricultural products or commodities, or other appropriate actions. A subset of properties may be monitored on a rotating basis.
(a) Self-certification is allowed for approved Type 1 or Type 2conservation practices satisfied and not satisfied classifications. A sufficient self-certification monitoring report shall include
photos and implemented conservation practices or documentation from farm assistance
agencies or a qualified professional., or natural resources management professional. Self-certifications shall be submitted within 45 days of request; county staff may make a site visit. Site visits will be coordinated with the landowner/owner or producer of agricultural products or commodities. Prior to carrying out a site inspection, the administrator shall provide
reasonable notice to the owner or manager of the property as to the purpose or need for the
entry, receive confirmation, and afford at least two weeks in selecting a date and time for the visit. At the landowner’s/producer’sowner’s or producer of agricultural products or commodities’ discretion, the Jefferson County’s conservation district staff or other farm assistance agency staff may accompany DCD staff.
(b) The countyCounty will, in cooperation with producersa producer of agricultural products or commodities or farm assistance agency staff, publish the results of its periodic reviews and
make them available to the public and state agencies. These results will include all baseline
monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues if any, identified during the reporting period as well as the following additional information:
(i) A description of all compliance assessments and source identification actions taken
during the reporting period;
(ii) A description of educational outreach actions as well as enforcement actions taken during the reporting period;
(iii) A description of any actions taken to modify conservation practices on a site or area specific basis;
(iv) A discussion of monitoring priorities for the next reporting period; and
(v) Potential adaptive management measures applicable on an areawide or countywide basis when monitoring indicates: that standards or thresholds are being exceeded; the exceedance is adversely affecting designated critical areas; and, a change in regulations that are applicable areawide or countywide is needed to address the exceedance.
Modifications may also be made if monitoring indicates that less stringent standards are appropriate based on best available science. [Ord. 5-20 § 2 (Appx. A)]
18.22.850 Compliance. (1) Critical area protection is required for existing and ongoing agriculture as well as new
agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the
existing functions of critical areas and their associated buffers.
(2) Agricultural activities are expected to meet the objectives and standards of this article through voluntary compliance. Agricultural operationsactivities shall cease to be in compliance with this article, and a new or revised agricultural checklist and supporting documentation will be required
consistent with JCC 18.22.820, 18.22.820, when the administrator determines that any of the
following has occurred:
(a) When a producer of agricultural products or commodities fails to implement and maintain their conservation practices determined to exist or be scheduled in a Type 1 or Type 2 review
per JCC 18.22.820 properly and fullyper JCC 18.22.820.
(b) When implementation of the conservation practices fails to protect critical areas. If so, a
new or revised agricultural checklist and schedule of conservation practices shall be required per JCC 18.22.820 18.22.820 to protect the values and functions of critical areas at the benchmark condition described in JCC 18.22.840 18.22.840 or a baseline established by the producer of agricultural products or commodities in consultation with a farm assistance agency
or qualified professional or natural resources management professional.
(c) When substantial changes in the agricultural activities of the farm or livestock operation have occurred that render the current agricultural checklist and associated conservation practices
ineffective. Substantial changes that render an agricultural checklist and associated
conservation practices ineffective are those that:
(i) Degrade baseline critical area conditions for riparian and wetland areas that existed when the plan was approved;
(ii) Result either in a direct discharge or substantial potential discharge of pollution to surface or ground water; or
(iii) The type of agricultural practicesactivities changes from Type 1 to Type 2, Type 2 to
Type 3.
(d) When a new or revised agricultural checklist and supporting documentation is required, and the producer of agricultural products or commodities has been so advised in writing and a
reasonable amount of time has passed without significant progress being made to develop said
plan. Refusal or inability to provide a new agricultural checklist within a reasonable period of time shall be sufficient grounds to revoke the approved agricultural activity and require compliance with the standard provisions of this chapter.
(3) When a producer of agricultural products or commodities denies the administrator reasonable
access to the property for technical assistance, monitoring, or compliance purposes, then the administrator shall document such refusal of access and notify the producer of his/heragricultural products or commodities of the findings. The producer of agricultural products or commodities shall be given an opportunity to respond in writing to the findings of the administrator, propose a prompt alternative access schedule, and to state any other issues that need to be addressed. Refusal
or inability to comply with an approved agricultural checklist and schedule of conservation practices within a reasonable period of time shall be sufficient grounds to revoke said plan and require compliance with the standard provisions of this chapter.
(4) If agricultural activities result in degradation of a critical area, the producer of agricultural products or commodities shall be required to either cease the agricultural activity that results in
critical area degradation or prepare an agricultural checklist and supporting documentation that
demonstrates how farmingagricultural activities will be brought into compliance with critical area protection requirements. The agricultural checklist shall be submitted to department of community development for review and approval. If the administrator determines the proposed agricultural activities and conservation practices do not sufficiently address critical areas degradation, a farm
assistance agency or qualified professional or natural resources management professional shall
prepare a schedule of conservation practices. The proponentapplicant shall allow the county or farm assistance agency with expertise reasonable access to the parcel to determine that the scheduled conservation practices are installed, and critical areas functions are not being degraded. If compliance cannot be achieved, other enforcement action based on JCC Title 19 title 19 JCC
shall be required.
(5) A producer of agricultural products or commodities is responsible only for those conditions caused by agricultural activities conducted by the producer and is not responsible for conditions that do not meet the standards of this article resulting from actions of others or from natural
conditions not related to the on-site agricultural operationsactivities. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or other exceptional
circumstances that are not the product of obvious neglect are not the responsibility of the owner or
operator.producer of agricultural products or commodities. [Ord. 5-20 § 2 (Appx. A)]
18.22.860 Limited public disclosure. (1) Producers that have a farm plan developed by state or federala farm assistance agenciesagency
will not be subject to public disclosure unless required by law or a court of competent jurisdiction.
(2) Provided, that the county will collect summary information related to the general location of a
farming enterprise, theand nature of the farmingan agricultural activity, and the specific conservation management practices to be implemented such as through an agricultural checklist per JCC 18.22.820. 18.22.820. The summary information shall be provided by the producer or
his/herapproved designee and shall be used to document the basis for the county’sCounty’s
approval of the proposal.
(3) The countyCounty will provide to the public via its website information regarding which farms
haveagricultural land has approved Type 1 or Type 2 conservation practices per JCC 18.22.820 18.22.820 and the date of their approval.
(4) Upon request, the countyCounty may provide a sample agricultural checklist, exclusive of site-
or property-specific information, to give general guidance on the development of a conservation farm plan. [Ord. 5-20 § 2 (Appx. A)]