HomeMy WebLinkAboutG. Article IX Special Reports Track ChangesJefferson County Code Chapter 18.22 CRITICAL AREAS Page 1/23
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Article IX. Special Reports
18.22.900 Purpose.
(1) Purpose. Special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting, or mitigating impacts to critical areas:
(a) Demonstrate that the submitted proposal is consistent with the purposes and specific standards of this chapter;
(b) Describe all relevant aspects of the development proposalproposed and critical areas
adversely affected by the proposaldevelopment and assess impacts on the critical area from activities and uses proposed;
(c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists; and
(d) Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and, other geologic or watershed processes that relate to critical area condition, process, or service. [Ord. 5-20 § 2 (Appx. A)]
18.22.905 General requirements. (1) When Special Reports Are Required. The administrator mayshall require a special report or reports if any portion of a proposed development, land disturbing activity or use proposed has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or
encroachment requires mitigation, consistent with the standards found in this chapter.
(2) (2) The administrator shall determine the requirements for qualified professional and the verify the qualifications of professionals submitting special reports.
A habitat reconnaissance letter is intended to document the existence of critical areas and their associated buffers. This letter shall be prepared by a qualified professional in the field on the
critical area. The administrator will determine if they agree with the assessment of the habitat assessment letter.
(3) Standard Requirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically, if applicable, the
following:
(a) The Describe the proposed development, land disturbing activity, or use, and its location and dimensions;
(b) Existing site conditions and Provide a scaled site plan that includes a north arrow, property boundaries preferably on a scaled site plan with, existing structures, and features and geographic
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
location describedon the subject site, and graphically depicted;the limits of clearing needed during construction.
(c) All Describe existing site conditions and all critical areas and their associated buffers
occurring on the project siteproperty;
(d) Assess potential impacts to critical areas function and valuesits associated buffers per the specific requirements described in this article for each critical area type;
(e) Propose mitigation for unavoidable losses and impacts to critical areas and their associated
buffers;
(f) Identify amount of and limits of clearing, grading, and impervious surface on a stormwater calculation worksheet, if applicable; and,
(g) Present photographs of the project siteproperty.
(3) 4) Special reports shall be valid for five years from the date the report was prepared and report
validity may be extended by the administrator; provided, critical area conditions, including buffer
conditions, have not changed since the special report was written. The administrator shall have the authority to require a revised special report, as needed, to satisfy all the provisions of this chapter. [Ord. 5-20 § 2 (Appx. A)]
(5) The administrator may require a special report to be recorded at the auditor’s office.
18.22.910 Waivers.
The administrator may waive the requirement for a special report in limited circumstances when an applicant demonstrates all of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives of this code; and
(2) The minimum protection standards required by this chapter are satisfied. [Ord. 5-20 § 2 (Appx. A)]
18.22.915 Retaining consultants. Jefferson County may retain consultants to assist in the review of special reports outside the range
of staff expertise. The applicant shall pay for the costs of retaining said consultants. [Ord. 5-20 §
2 (Appx. A)]
18.22.920 Acceptance of special reports. (1) The administrator shall verify the accuracy and sufficiency of all special reports.
(2) If the administrator finds that a special report does not accurately reflect site conditions, or
does not incorporate appropriate protections mechanisms, the administrator shall cite evidence that demonstrates where the special report is insufficient or in error. The applicant may then revise and resubmit the special report. [Ord. 5-20 § 2 (Appx. A)]
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
18.22.930 Critical aquifer recharge area reports.
(1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County
to verify the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied to prevent significant adverse impacts to groundwater quality, and in some cases water quantity. A critical aquifer recharge area report shall be prepared by a hydrogeologist when required in Article III (Critical Aquifer Recharge Areas) of this chapter.
(2) Standards for Critical Aquifer Recharge Area Reportcritical aquifer recharge area report or
Hydrogeologic Evaluationhydrogeologic evaluation. A critical aquifer recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge area report shall include:
(a) A detailed description of how the project, including all processes and other activities, has
the potential to impact groundwater recharge or for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and
existing groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site; and
(vi) An evaluation of existing groundwater recharge; and,
(vii) A discussion and evaluation of the potential impact of the proposal on groundwater
recharge;
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment
equipment, employee spill response training, and emergency service coordination measures;
(e) Best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality;
(f) Pollution prevention measures to be implemented, including but not limited to, secondary containment for chemical storage areas, spill prevention measures, and contingency plans for
emergencies;
(g) Demonstrate compliance with applicable protection standards in JCC 18.22.330; 18.22.330; and
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(g) Requirements for a monitoring program with financial guarantees/assurances that the monitoring program will be implemented.
(h) 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 variance under JCC 18.22.250 or reasonable economic use exceptions under JCC 18.22.260.
(3) County Reviewreview. Critical aquifer recharge area report or hydrogeologic evaluation shall
be forwarded to the Jefferson County department of public health for technical review. The
countyCounty may request additional information in order to determine the adequacy of the reports and may rely on input from Washington State Department of Ecology.
(4) Conditions for Mitigation Identifiedmitigation identified in the Critical Aquifer Recharge Area
Reportcritical aquifer recharge area report or Hydrogeologic Evaluationhydrogeologic evaluation.
The administrator shall determine appropriate permit conditions as identified in the critical aquifer recharge area report or hydrogeologic evaluation to mitigate the impacts of proposed
activitiesdevelopment to critical aquifer recharge areas. [Ord. 5-20 § 2 (Appx. A)]
18.22.940 Frequently flooded area reports.
(1) Habitat Assessment Required.assessment required. A habitat assessment shallmay be
submittedrequired if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA).
(2) Standards for Habitat Assessmenthabitat assessment.
(a) In addition to the general requirements found at JCC 18.22.905, 18.22.905, frequently
flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA).
(b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and
the flood damage prevention ordinance, as codified in Chapter 15.15 JCC. [Ord. 5-20 § chapter
15.15 JCC. [Ord. 5-20 § 2 (Appx. A)]
18.22.945 Geologically hazardous area reports. (1) Standards for All Geological Assessments.
(a) Must be Based on Site Conditions. Recommendations for earthwork, clearing or siting structures in geologically hazardous areas shall be based on existing site conditions rather than measures that have not yet been successfully approved, designed, or constructed (e.g.,
slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.).
(b) Limits on Shoreline Bulkheads and Retaining Walls. Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that:
(i) An existing residential structure or other permitted existing public or private structures or public facilities such as roads or highways cannot be safely maintained without such measures;
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(ii) Other nonstructural methods of beach stabilization have been considered and determined infeasible; and
(iii) The resulting stabilization structure is the minimum necessary to provide stability for
the existing structure and appurtenances.
(c) Minor Repair Activities on Existing Permitted Structures. Minor repair activities on existing permitted structures (i.e., those that do not involve design modifications, changes in structure location, or demolition or abandonment of failed structure and replacement with new structure) are not subject to the project submittal standards in subsections (2) and (3) of this section.
(2) Project Submittal Standards for Geological Reports. A geological report is required for site development proposals that involve development activity or the installation of structures within a geologically hazardous area, or as otherwise required but do not involve or require engineering design recommendations. The following minimum information is required:
(a) Site information regarding the critical areas designations that affect site features;
(b) (1) General. When required in Article V, a geological professional (state-licensed geotechnical engineer, a geologist, or a professional engineer knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas) shall make a site visit to
determine if a geologically hazardous area or its associated buffer is present. Based on the site visit, a geotechnical letter or a geotechnical report shall be prepared based on requirements in Article V (geologically hazardous areas), the general report requirements of JCC 18.22.905, and report requirements in sections (2) through (4) below.
(2) Qualifications of the preparer. Geotechnical letters and reports shall be prepared by a
geotechnical professional (licensed geotechnical engineer, a geologist, or a professional engineer) knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas. Geologically hazardous letters, reports, and drawings shall be stamped and signed by the geotechnical professional preparing the documents.
(3) Geotechnical letter. A geotechnical letter shall be prepared and submitted only if all project
components, including areas of temporary impact and the limits of clearing, are outside of all geologically hazardous areas or their associated buffers, as described in 18.22.530(10)(a); provided the geotechnical professional is not proposing a buffer reduction. A geotechnical letter shall address the following:
(a) Describe site location and existing conditions;
(b) Describe proposed activity and all geologically hazardous areas and buffers that occur on the property;
(c) Show the distance of the geologically hazardous area buffers and setbacks from the limits of clearing on a site plan, which should be included with the geotechnical letter; and
(d) Provide recommendations, as appropriate, to minimize the risk of erosion or landslide.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(4) Geotechnical report. A geotechnical report shall be prepared and submitted if any part of the development, land disturbing activity or use, including areas of temporary impact and areas within
the limits of clearing, are within a geologically hazardous area or an associated buffer, as described
in 18.22.530(10)(a), or if a buffer reduction is proposed.
(a) A geotechnical report shall contain the following information:
(a) Site location, including parcel number;
(b) Detailed description of development, land disturbing activity or use;
(c) Date on-site geologic assessment was conducted and date report was completed;
(d) Summary of geologic information reviewed and analyzed (such as maps and reports) to determine the potential for geologically hazardous areas to be present. Based on this review, identify the types of geologically hazardous areas and buffers that have the potential to occur in the development, land disturbing activity or use;
(e) Detailed description of the site, geologically hazardous areas and their
associated buffers, including but not limited to, surface and subsurface geology, hydrology, soils, and vegetation;
(f) Detailed description of the results of the field investigation, including all geologically hazardous areas occurring on the property. The description shall also
address the stability of the geologically hazardous areas and buffers and shall
describe any past activity in the vicinity of the property;
(g) Assessment of the potential for the proposed activity to affect the geologically hazardous area or the stability of the area.
(h) Drainage and erosion control plan that addresses provisions in 18.22.530(7) and
presents physical, structural, or managerial best management practices that prevent
or reduce pollution of water;
(i) Description of surface and subsurface conditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic hazard assessment which includes the locations of structures and the identification of the slope and/or coastal processes occurring at the site and factors that contribute to them;
(c) Review of available site information, literature, and mapping;
(d) Detailed description of slope and other topographic features;
(e) Conceptual siting of structures and general recommendations, which include methods and practices that avoid and/or reduce slope and shore impacts. Minimum recommendations should include upland and slope drainage control, groundwater control, site vegetation management, and erosion control;
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(f) A description of how the proposal complies with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the current version of the Stormwater Management Manual for Western Washington;
(g) A description of potential effects of the proposalproposed activity on stormwater quality, quantity, quality, and runoff patterns post-construction;
(h) A clear statement whether or not the proposal will. The report shall clearly indicate
if the development, land disturbing activity or use has the potential to affect or alter
water movement to the geologically hazardous area and its critical areas buffer if the proposal is implemented; and identify measures to avoid or minimize alteration of stormwater;
(i) Identify measures to avoid or minimize alteration of stormwater runoff patterns post-
construction.
(3) Project Submittal Standards for Geotechnical Reports. A geotechnical report is required when the department or a geological report determines that a proposal requires additional site information such as engineering design recommendations, slope stability analysis, subsurface exploration and testing, coastal process analyses, or construction recommendations. Depending on the level of activity proposed, the geotechnical report will either be a more limited geotechnical slope evaluation report or a full geotechnical design investigation report as described below.
(a) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required
when slope stability analyses are confined to addressing only existing surface and/or drainage conditions, including the relationship of natural and constructed slope features to proposed changes in environmental conditions such as drainage, vegetation removal and slope geometry. The following minimum information is required:
(i) All the information required under subsection (2) of this section (Project Submittal Standards for Geological Reports);
(ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineer;
(iii) Estimated (or surveyed) site plan with ground surface profiles and typical cross-sections;
(iv) Relative location of ordinary high water (OHW) on the surface profile and cross-sections, where applicable;
(v) Soil strength parameters;
(vi) Stability analysis of existing site;
(vii) Analysis of the relationship of vegetation and slope stability; and
(viii) Conceptual site j) If a development plans and cross-sections.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(b) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site development activities that propose design and construction measures at the slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal processes, the report will not be required to perform all items listed under this section, as long
as each item is addressed and the report details why a particular item does not apply. The report shall include all items considered necessary by the engineer to fully address the engineering design requirements of the site. The following minimum information is required:
(i) All the information required under subsection (1)(a) of this section (Geotechnical Slope Evaluation Report);
(ii) Geotechnical requirements and measures to reduce risks;
(iii) Geotechnical criteria used for any designs including all critical dimensions, lateral earth pressures, soil bearing pressures, location, and limits of structures on or near the slope, maximum constructed slope angles, minimum soil reinforcement embedment, soil compaction requirements, and structure heights;
(iv) Temporary construction slope stability recommendations and analysis of proposed final site stability measures;
(v) Required construction specifications and construction monitoring procedures;
(vi) Revegetation and surface and groundwater management requirements;
(vii) Evaluation of erosion potential, recommendations for erosion avoidance and any proposed mitigation measures;
(viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design and construction, and when required for clarification, detailed examples of tests conducted for the project; and
(ix) Information outlined in the geotechnical design investigation report site evaluation checklist required in subsection (3)(d) of this section.
(c) Additional Requirements for Projects in Landslide-Prone Geologically Hazardous Areas.
When a project is located, land disturbing activity or use is proposed within a landslide-
prone geologically hazardous area, the following additional project submittal
requirementsreport shall apply:
(i) Erosion Control Information. An evaluation ofstate if the erosion potential on the site during and after construction is required. The evaluation shall include recommendations for mitigation, including retention of vegetative buffers and a revegetation program. The
geotechnical engineer shall provide a statement identifying buffer areas at the top or toe of a slope based on geotechnical site constraints and the impacts of proposed construction methods on the erosion potential of the slope.
(ii) Seismic Information. The geotechnical engineer shall submit a statement that the design criteria consider the one-in-100-year seismic event (an earthquake ground motion that has a 40 percent probability of exceedance in 50 years). Calculations of soil bearing
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capacity, general soil stability, and wall lateral earth pressures shall be adjusted to reflect a one-in-100-year seismic event and the structural plans for the project shall be reviewed by the geotechnical engineer for consistency with these design criteria:
Analysis for the one-in-100-year seismic event shall be based on a near-crustal event
having an assumed magnitude of 6.5 and occurring directly below the site. Based on regional studies performed by others, the department will allow the use of the following minimum general values of horizontal peak ground accelerations for this event:
a = 0.2g for fill, alluvial soils
a = 0.17g for till, firm glaciated soils
a = 0.15g for rock.
The appropriateness of the above accelerations shall be confirmed by the geotechnical engineer based on the actual site characteristics. Reduction in the above values may be considered when supported by the appropriate analytical evidence. Slope stability, lateral pressures, and liquefaction of the site shall be assessed by using subsurface soil, rock, and groundwater conditions, as well as the seismic parameters discussed above.
(iii) Recommendations on Relative Site Stability. The geotechnical engineer shall make recommendations as to which portions of the site are the least prone to instability
and the preferred location of the structure. The limits of any area proposed for
gradingdevelopment, land disturbing activity shall be identified.or use can be safely constructed, occupied, or used and shall include any engineering, design, and construction to protect public health and safety;
(iv) Construction Season Limitation. In general, no excavation will be permitted in landslide-prone geologically hazardous areas during the typically wet winter months. When excavation is proposed, including the maintenance of open temporary slopes, between October 1st and April 30th, technical analysis shall be provided to ensure that no environmental harm, threat to adjacent properties, or safety issues would result. In addition, recommendations for temporary erosion control and shoring/mitigating
measures shall be provided. The technical analysis shall consist of plans showing
mitigation techniques and a technical memorandum from the geotechnical engineer.
(v) Revisions to Geotechnical Report. Further recommendations shall be provided by the geotechnical engineer should there be additions or exceptions to the original recommendations based on the plans, site conditions, or other supporting data. If the geotechnical engineer who revises the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the department, express his or her agreement or disagreement with the recommendations in the geotechnical report and state whether the plans and specifications conform to his or her recommendations.
(vi) Plan and Specification Review. The geotechnical engineer shall submit a statement that, in his or her judgment, the plans and specifications (if prepared by others) conform to the recommendations in the geotechnical report and that all portions of the site which are disturbed or impacted by the proposed development have appropriate measures or specifications that permit construction to occur while addressing slope stability so that the
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work does not create additional risk. The statement shall also indicate whether or not a relative gain in slope stability will be achieved after construction is complete.
(vii) Construction Inspection. A final inspection report shall be provided by the geotechnical engineer stating that construction has or has not implemented the design
recommendations of the geotechnical report and evaluating any deviation from the design recommendations.
(d) Geotechnical Design Investigation Report – Site Evaluation Checklist. The following are report guidelines for geotechnical design investigation reports:
(i) Project information:
(A) Site owner name;
(B) Project proponent name;
(C) Ordinary high water mark (OHWM) where applicable; and
(D) Critical areas designations affecting site features.
(ii) Project description, including:
(A) Description of proposed structures, site improvements, and adverse impact avoidance and reduction methods; and
(B) Location and total area of the construction zone.
The site evaluation checklist information shall be included as part of the geotechnical design investigation report. All items listed above must be addressed in the report. However, the above guidelines are not intended to be all-inclusive. It is the responsibility of the geotechnical engineer to address all factors which in their geotechnical design investigation report is relevant to the project. For any items in the site evaluation checklist that are not relevant to a project, information shall be provided to demonstrate why the site evaluation checklist items are not relevant to a project.
(4) Results of Department’s Review. The department shall review the geological assessment and either:
(a) Accept the geological assessment and approve the application; or
(b) Reject the geological assessment and require revisions or additional information. [Ord. 5-20 § 2 (Appx. A)]
(k) Conclusions and recommendations relevant to the development, land disturbing activity or use and existing site conditions;
(l) Site plan showing the location and extent of development, land disturbing
activity or use proposed during the site visit; and
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(m) Figure showing geologically hazardous areas and their associated buffers relative to property boundaries, the development, land disturbing activity and uses
and clearing limits, existing structures and other site features, existing and proposed
contours, and stakes placed onsite.
(b) The administrator may request that the project geologist or project engineer to review reports and plans prepared by others for consistency with the conclusions and recommendations in the geotechnical report.
18.22.950 Habitat management reports.
(1) General. When required in Article VI of this chapter, a site visit shall be conducted by a wildlife biologist is required to determine if a fish and wildlife habitat conservation area (FWHCA) or its associated buffer is present. Based on the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management plan and include all of the required information
described in JCC 18.22.905. 18.22.905. Habitat reconnaissance letters and habitat management
plans shall be prepared based on requirements in Article VI (Fish and Wildlife Habitat Conservation
Areas),FWHCA, the general report requirements of JCC 18.22.905, 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
(2) Habitat Reconnaissance Letterreconnaissance letter. A habitat reconnaissance letter shall be
prepared and submitted only if all project components, including areas of temporary impact and
the limits of construction, are outside of all FWHCA buffers, as described in this chapter; provided,
no critical areas buffer reduction is proposed.or its associated buffers. A habitat reconnaissance letter shall document that proposed projects because of their location will not impact FWHCA and will include the following:
(a) Site location and description of existing site conditions;
(b) A description of all FWHCAs and the proposed development, land disturbing activity or use;
(c) The buffer width used;
(d) A description of every FWHCA and its associated buffers on the property;
(b) e) Narratively and graphically present the distance of all FWHCAsevery FWHCA from the
limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in the habitat review letter; and
(c) f) Photographs of the site, every FWHCA and the FWHCAsits associated buffer.
(3) Habitat Management Plan.management plan. A habitat management plan shall be prepared and
submitted if any portion of the proposeddevelopment, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA, as
described in this chapter, or if a critical areas bufferarea or reduction of its associated buffer is proposed. A habitat management plan shall address the following:
(a) Detailed description of all proposed project components relative to on-site FWHCAsevery
FWHCA, other on-site development proposed, and limits of clearing;
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(b) State whether or not in-water work is proposed, and if so, describe timing and methods of construction;
(c) Date site visits were made and date report was completed;
(d) (d) A summary of information reviewed prior to the site visit to determine the potential presence of a FWHCA or its associated buffer;
(e) Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with FWHCAsa FWHCA, location of native vegetation on the
property, and location of nonnative or invasive vegetation on the property. The habitat
management report should indicate if the critical areas extend off site;
(e) f) If the project area is identified as potential habitat for threatened or endangered species, methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs on site or in the vicinity of the site, and results of the field
investigation;
(f) g) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 18.30.060 and 18.30.070, 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the proposeddevelopment, land disturbing activity or use on stormwater quantity, quality, and
runoff patterns post-construction. The report must clearly indicate ifshall state whether the
proposal will affect or alter water movement to the FWHCA and its associated buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction;
(g) h) Identify all potential impacts of the proposeddevelopment, land disturbing activity or
use on FWHCAs.every FWHCA and its associated buffer. The habitat management report shall
include:
(i) Mitigation Sequencingsequencing. Describe measures to avoid and minimize impacts to FWHCAsevery FWHCA. For any unavoidable impacts, describe and justify all project components that cannot avoid impacting the FWHCA. For unavoidable impacts,
mitigation plans mustshall be prepared in accordance with subsection (3)(hi) of this
section.;
(ii) Types of Impactsimpacts. All potential impacts to FWHCAsevery FWHCA and their functions and values shall be identified and described in the habitat management report. Habitat management reports shall consider direct impacts, indirect impacts, permanent
impacts, temporary (long-term and short-term) impacts, and cumulative impacts.;
(iii) Impact Areaarea. The area (square footage) of potential impact shall be quantified for
eachevery FWHCA. At a minimum, impact area shall include an FWHCA that occurs within the limits of clearing, as shown on the site plan; and
(h) (iv) Functional assessment. The impact assessment shall describe how the FWHCA
and its associated buffer functions and natural processes will be affected by development,
land use activity or use proposed.
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(i) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include:
(i) Description and scaled, graphic rendering of the mitigation proposal and of the area,
suitability, and goals and objectives of the area to compensate for impact area and functions.
(ii) A table identifying impact areas (in square feet) and functions affected for each FWHCA and its associated buffer that also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between potential impacts (area and
function) and proposed mitigation (area and function).
(iii) Mitigation plans shall include performance standards that are applicable to the goals and objectives of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five
years of monitoring.
(iv) A planting plan, when appropriate, that lists the species to be planted, including quantity and planting density of each species to be installed.
(v) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described.
(vi) Contingency measures shall be described. If any performance standard is not met, the
administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure FWHCAs are adequatelyevery FWHCA is mitigated and protected.
(vii) Photographs of the site and the FWHCAs.
(vii) A site map showing existing conditions, including property boundaries, the location of the development, land disturbing activity or use and limits of clearing, existing
structures and other physical features on the property, the location of every on-site FWHCA and associated buffer potentially affected by the proposal.
(viii) A site map showing impact areas on the property. Figure shall show every FWHCA and its associated buffer potentially affected by the proposal relative to clearing limits,
property boundaries, and existing site features.
(ix) A site map showing mitigation areas on the property. The site map shall all proposed mitigation areas on the property. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure.
(x) Photographs of the site and every FWHCA.
(4) Habitat management plans prepared for any unavoidable development activity within a FWHCA
or the inner 75 percent of a standard buffer shall accompany either a financially bonded critical area
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stewardship plan or critical areas variance application or reasonable economic use exception in JCC 18.22.250 or 18.22.260.
(5) In-Lieu Fee Program.lieu fee program. A mitigation plan shall not be required if an actively
managedthe ILF program, as specified in 18.22.660(3), is used to mitigate project impacts; provided, that the administrator has approved the use of ILF to achieve compensatory FWHCA
mitigation. [Ord. 5-20 § 2 (Appx. A)].
18.22.955 Process and requirements for designating species and habitats of local importance as critical areas.
(1) Purpose. WAC 360-190-130(4)(a) requires the county to consult current information on priority habitats and species identified by the Washington state department of fish and wildlife. WAC 360-190-130(4)(b) states the county should identify, classify and designate locally important
habitats and species. This section describes the process and requirements for designating,
monitoring, and removing species and habitats of local importance that are not covered by the
federal and state sensitive, threatened, or endangered species regulations. Accordingly, this section details the requirements for designating and monitoring species and habitats of local importance, as
well as removing such species and habitats from designation if necessaryState Priority Species and Habitats List.
(2) Definition. The use of the term “habitat” in this section means a place or type of site where a plant or animal naturally or normally lives and grows, and includes areas used by a species during any life stage at any time of the year.
(3)
(2) Procedure for Designation – Generally.designation. An application/nomination to designate a habitat of local importance as a critical area shall be processed according to the procedures for
Type V land use decisions established in Chapter 18.40 a Type V land use decision under chapter
18.40 JCC.
(4) Nominations/(3) Applications. Any person, organization, or Jefferson County agency may
nominate and apply for designation of a species or habitat of local importance. A nominatingAny person or organization must be a resident of,residing or headquartered in, Jefferson County or any County department may apply for designation of a species or habitat of local importance.
(5) Nomination/Application Submittal.
(a) (4) Requirements for approval of an application for designation of a species or habitat of local
significance.
(a) The applicant shall provide information demonstrating that the species or habitat is native
to Jefferson County, existing on or before the date of adoption of the regulations codified in
this chapter.
(b) All nominations/applications for designation of a species/habitat of local significance The
application shall include all of the following:
(i) Identification of the species including its scientific and locally common name(s);
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(ii) Identification of the geographic location, including Jefferson County parcel numbers,
and extent of the habitat associated with a nominatedan applied for species or the
nominatedapplied for habitat itself if not associated with a nominatedan applied for
species; a map of an appropriate scale to properly describe the location and extent of the
habitat will accompany the nomination, as well as geo-referencing information sufficient
to allow mapping of the habitat site in the county GIS mapping system;
(iii) (iii) Identification of the specific habitat features to be protected (e.g., nest sites,
breeding areas, nurseries, etc.).
(iv) For a proposed wildlife corridor, the features that are required for the corridor to
remain viable to support and protect the applied for species.
(v) A map of an appropriate scale to properly describe the location and extent of the
habitat;
(vi) Geo-referencing information sufficient to allow mapping of the applied for habitat in
the county GIS mapping system;
(vii) The status of the species or the occurrence of the type of habitat in surrounding
counties and in the rest of the state has been considered in making this
nominationapplication;
(iv) A (c) The application shall include a management strategyplan for protection of the
species or habitat; that includes all of the following:
(v) Indications as to whetheri) Whether the proposed management strategyplan has been
peer reviewed, and if so, how this was done and by whom;
(vi) Where restoration of habitat is proposed, a specific plan, including how(ii) How the
restoration will be funded, must be provided as part of the nomination;
(vii) iii) Recommendations for allowed, exempt, and regulated activitiesdevelopment, land
disturbing activity or uses within the area;
(viii) iv) Recommended buffer and setback requirements and their justification;
(ix) Seasonal(v) Any seasonal requirements;
(x) vi) A monitoring plan must bethat is practical and achievable and include includes all of
the following:
(A) (A) Baseline data and a description of what measurements willshall be used to
determine the success of the project. The plan shall include the criteria;
(A)(B) The requirements and time period required to evaluate the success of the
plan;
(B) A contingency plan for failure; and,
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(C) A list of all parcels not included in the nominationapplication but affected by the
monitoring process; and,
(xi) The nomination must also include an(vii) An economic impact, cost, and benefits
analysis. The nomination must also include an;
(viii) An analysis of alternative solutions to formal designation of the species or habitat of
local importance as a regulated critical area under this chapter.
(c) d) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application for designation of a species or habitat of local significance.
(6) 5) Review and Approval Criteriaapproval requirements.
(a) Species nominated The application for a designating a species of local importance for
designation under this section mustshall satisfy the all of following criteriarequirements:
(i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act, chapter 36.70a RCW;
(ii) The species is sensitive to habitat manipulation;
(iii) The species or habitat has commercial, game, or other special value such as it is locally
rare species;
(iv) The nomination includesapplication shall include an analysis of the proposal using best available science; and,
(v) The nominationapplication specifies why protection by other county, state or federal
policies, laws, regulations or nonregulatory tools is inadequate to prevent degradation of
the species or habitat and for which management strategies are practicable, and describes why, without designation and protection, there is a likelihood that the species will not maintain and reproduce over the long term, or that a unique habitat will be lost.
(b) Habitats nominated Applications for designationhabitats of local importance under this
section mustshall satisfy all of the following criteria:
(i) Where the application for a habitat is nominated to protectfor protection of a species, the use of the habitat by that species mustshall be documented or be highly likely or the habitat is proposed to be restored with the consent of the affected property owner so that it will be suitable for use by the species; and, long-term persistence of the species in
Jefferson County and adjoining counties is dependent on the protection, maintenance or restoration of the habitat;
(ii) Areas nominated The applied for areas to protect a particular habitat mustshall represent either high quality native habitat or habitat that has an excellent potential to recover to a high-quality condition and which is either of limited availability or highly
vulnerable to alteration; and
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(iii) The nominationapplied for specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the
nominationapplication shall specify those features that are required for the corridor to
remain viable to support and protect the nominatedapplied for species.
(7) 6) Review and Approval Processapproval process.
(a) The department of community development(a) DCD shall determine whether the application submittal is complete. If deemed complete, the department shall evaluate the proposal for
compliance with the approval criteria in this section and make a recommendation to the
planning commission based on those criteria. The department shall also notify all parcel owners affected of the terms and contents of the proposal.
(b) Upon receipt of a staff report and recommendation from the department, the planning commission shall hold a public hearing, and make a recommendation to the Jefferson County
board of county commissioners based upon the approval criteria in this section.
(c) The Jefferson County boardBoard of county commissioners shall consider the recommendation transmitted by the planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the
application, such action may only occur following a separate public hearing conducted by the
board of county commissioners.
(d) Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by the department, and a notice to title shall be placed upon all parcels affected by the designation.
(e) Each ordinance creating a species or habitat of local importance shall include periodic
review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat.
(8) 7) Removal from Designationdesignation. Species or habitats of local significance may be removed at any time; provided, they no longer meet the criteria in subsection (65) of this section
(e.g., as a result of a natural catastrophe or climatic change event);), and provided further, that theall
procedural requirements of this section and the procedural requirements established for Type V land use decisions within Chapter 18.40 under chapter 18.40 JCC are met. [Ord. 5-20 § 2 (Appx. A)]
18.22.960 Wetland reports.
(1) General. When required by Article VII of this chapter, a site visit shall be conducted by a
wetland specialist or qualified wetland professional is required to determine if a wetland is present.
Based on the site visit, a wetland reconnaissance letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and wetland delineation reports shall be prepared based on requirements in Article VII (Wetlands) of this chapter, the general report requirements of JCC 18.22.905, 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
If a proposed activity is unavoidable and occurs within a wetland or the inner 75 percent of a wetland buffer the wetland reports shall accompany either a financially bonded critical area stewardship plan
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or critical area variance application in JCC 18.22.250 or reasonable economic use exception in JCC 18.22.260.
(2) Wetland Reconnaissance Letter.reconnaissance letter. A wetland reconnaissance letter shall be prepared and submitted only if all the project components of the development, land disturbing activity or use are at least 300 feet from areas of temporary impact and the limits of clearing;
provided, no buffer reduction is proposed. A wetland reconnaissance letter shall document that
proposed projectsdevelopment, land disturbing activity or use, because of their location, will not impact wetlands and will include the all of the following:
(a) Describe all wetlands and associated buffers on the property;
(b) Narratively and graphically describe the distance of all wetlands from the limits of clearing,
as shown on the site plan. The site plan used during the site visit shall be included in the
wetland reconnaissance letter;
(c) Provide a wetland delineation field data form for all potential wetland areas assessed;
(e) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and,
(f) Photographs of the site and the wetlands.
(3) Wetland Delineation Report.delineation report. A wetland delineation report shall be prepared and submitted if any portion of the proposeddevelopment, land disturbing activity, or use is within 300 feet of areas of temporary impact and areas within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall address the all of following:
(a) Date site visits were made and date report was completed.
(b) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands and buffers within 300 feet of the proposeddevelopment, land disturbing activity or use.
(c) Detailed description of the field evaluation results, location and types of wetlands
identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site
wetlands, and wetland ratings and associated buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number.
(d) Wetland Determination Field Data Forms for all wetland and upland plots shall be included in the report.
(e) Wetland Rating Forms for all wetlands identified shall be included in the report.
(f) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, 18.30.060 and the 201418.30.070, and the most current version of the Stormwater Management Manual for Western Washington (or as
amended),, describe any potential effects of the proposeddevelopment, land disturbing activity
or use on stormwater quantity, quality, and runoff patterns post-construction. The report must
clearly indicate if the proposalshall state whether the development, land disturbing activity or
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use will affect or alter water movement to the wetland if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-
construction.
(e) g) All potential impacts shall be identified. The impact assessment shall include:
(i) Mitigation Sequencing. Describe howmeasures to avoid impacts to wetlands and buffers. For any unavoidable impacts, describe measures to minimize impacts.
(ii) Types of Impacts. All potential impact to wetlands and buffers shall be identified and
described in the proposal complies with all the requirements of Article VII (Wetlandsreport.
Impact assessments shall consider direct impacts, indirect impacts, permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts.
(iii) Impact Area. The area (square footage) of this chapter.
(f) Wetland rating formpotential impacts shall be quantified for each wetland identifiedand
buffer. The impact area shall include the wetland and buffer areas that occur within the
limits of clearing, as shown on the site plan.
(iv) Functional Impact. The impact assessment shall describe how wetland and buffer functions and natural processes will be affected by the proposed development or use.
(v) Figures. The impacts described above shall be shown a figure.
(vi) Photos. Photos of areas to be impacted shall be included in the wetlanda report.
(g) (h) Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation plans shall include:
(i) Description of the mitigation area and suitability of the area to compensate for impacts to area and functions.
(ii) Detailed description of the mitigation proposal.
(iii) Goals and objectives of the mitigation proposal, including a detailed description of how the proposal will compensate for impacts.
(iv) Table identifying impact areas (square feet) and functions affected for each wetland and buffer. The table shall clearly show a link between potential impacts (area and
function) and proposed mitigation (area and functions).
(v) Mitigation plans shall include performance standards that are applicable to the goals and policies of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years.
(vi) A planting plan that lists the native species to be installed, including quantity and
density of each species.
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(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described.
(viii) Contingency measures shall be described. If any performance standard is not met, the
administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure wetlands and buffers are adequately mitigated and protected.
(ix) Figure showing mitigation areas on theexisting conditions, including property. Square
boundaries, location of the proposed activity and limits of clearing, existing structures and
other physical features on the property, location of all on-site wetlands and buffers, location of wetland boundary flagging and numbering, and plot locations.
(x) Figure showing impact areas on the property. Figure shall show all wetlands and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries,
and existing site features.
(xi) Figure showing mitigation areas on the property. Figure shall show location and square footage of each mitigation area shall be shown on the figure. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure.
(h) i) Photographs of the site and the wetlands or buffer.
(4) A mitigation plan shall not be required if an actively managedthe ILF program is approved by
the administrator and , as specified in JCC 18.22.740(4) is used to mitigate project impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.965 Critical area stewardship plansplan reports.
(1) Property Owner Election. General. Property owners may elect to develop site-specific critical area stewardship plans (CASPsplan (CASP) as an alternative to the prescriptive requirements of Article VI (Fish and Wildlife Habitat Conservation Areas (FWHCAs)) and Article VII (Wetlands) of this
chapterFWHCAs) and Article VII (Wetlands) of this chapter. The overall goal of the CASP is to
maintain existing functions and values of the watershed and sub-basin, while addressing the needs and desires of the property owner. CASPs are an option if any portion of a development is proposed within a FWHCA, wetland, or require a critical area variance per JCC 18.22.250, or a reasonable use exception per JCC18.22.260.
(2) Authority. The administrator may approve CASPs for critical area buffer reductions greater than
25 percent; provided, the project does not require a reasonable as an alternative to a variance pursuant to JCC 18.22.250 or reasonable economic use variance.exception pursuant to JCC 18.22.260.
(3) Review and Approval of CASPs.of CASP reports and approval of CASP permits. The
administrator shall be responsible for reviewing and approving submitted CASPsCASP reports
and issuing CASP permits. The administrator may, at the administrator’s discretion, seek technical assistance from the Jefferson County conservation district, the Washington State Department of Fish and Wildlife or the Washington State Department of Ecology when reviewing CASPs.
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(4) Applicability and Limitations. The following provisions define the applicability and limitations of the CASP:
(a) CASPs. CASPs may be used in any zoning designation if the provisions of this article can be land use district; provided, all of the following requirements are met.:
(a) CASPs mayshall not be used in the urban growth areawhere rural transitional zoning applies pursuant to chapter 18.19 JCC if a buffer reduction implemented while using transitional zoning
(i.e., rural zoning designation prior to connection with a sewer system) has the potential to
preclude future urban growth density requirements. The overall goal of the CASP is to maintain
existing functions and values of the watershed and subbasin, while addressing the needs and
desires of the property owner. in chapter 18.18 JCC.;
(b) CASPs can be applied toon properties less than one-quarter acre or larger.are prohibited;
(c) CASPs are only applicable to fish and wildlife habitat conservation CASPs for critical areas
andother than FWHCAs and their associated buffers (Article VI of this chapter) or wetlands and their associated buffers (Article VII of this chapter).) are prohibited;
(d) CASPs mustshall provide equal or greater protection of critical area functions and values
than the prescriptive standards of buffers and setbacks.;
(e) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC.
(e) Permits for a CASP not in shoreline jurisdiction as determined by chapter 18.25 JCC shall be processed as a Type I land use decision under chapter 18.40 JCC; and,
(f) Permits for a CASP in shoreline jurisdiction shall be processed as specified in chapter
18.25.
(5) Implementation and time limits for a CASP.
(a) (a) The maximum period of CASP permits shall be five years from the date the CASP permit is issued. Once a CASP permit has expired, it shall not be renewed.
(b) A CASP permit is valid for also shall be limited to the same timeframeperiod as the
underlying permit (e.g., building permit, septic permit, shoreline permit). IfHowever, if the
underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be valid forlimited to three years from the date the CASP permit is issued. A CASP permit shall not be considered valid beyond five years from the date the CASP permit is issued. If the underlying permit remains valid beyond five years, the CASP permit shall be considered null and void. Once the permit has expired, it shall not be
renewed.
(b)
(c) The application for a CASP shall be made on a form approved by DCD. The applicant
shall record a notice to title for the CASP any approved mitigation atwith the auditor’sJefferson
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
County Auditor’s office and shall post a mitigation performance bond within an amount determined by the department. The administrator shall provide the necessary paperwork to to
be sufficient to ensure compliance with the applicants. AssumingCASP, including. the
administrator does not need to designateestimated cost of monitoring by staff (or contract with
othera qualified professionals)professional or natural resources conservation professional to ensure that maintenance and monitoring are completed as required by this section, the. The performance bond is toshall be released any amount remaining shall be refunded to the
applicant at the end of the specified monitoring period or when all performance standards are
met, whichever is greater. The CASP permit is a conditional approval and nolater.
(d) No other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond required by this section, unless approved by the administrator.
(6) Report requirements.
(a) CASP reports shall be prepared by a qualified professional, wildlife biologist, a wetlands specialist, or both, as the administrator may require and shall show compliance with JCC 18.22.905 (general requirements) and 18.22.950 (habitat management reports) or JCC 18.22.960 (wetland reports).
(b) The CASP report shall be consistent with protection standards in Article VI (fish and
wildlife habitat conservation areas) and Article VII (wetlands).
(c) It is the burden of the applicant to demonstrate to the satisfaction of the administrator that the mitigation proposal in the CASP report is sufficiently detailed to justify the impact to the critical area and or its associated buffer. CASPs that cannot demonstrate protection of the
critical area and its associated buffer shall not be approved.
(7) As-Built Plan Requirement. An as-built plan shall be prepared by a wetland specialist describing the action taken to implement the CASP. This as-built plan shall include:
(a) A contour map describing final contours if grading is required;
(b) A quantitative description of the vegetation planted work completed to show compliance
with the approved mitigation plan and CASP permit conditions;
(c) Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes;
(d) Additional photographic documentation that shows the condition of mitigation area(s) once
CASP mitigation has been implemented;
(e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved CASP report and to the CASP permit conditions; and
(f) Building final certificate of occupancy or septic final shall not be issued until the applicant has submitted an as-built showing compliance with this article, the approved CASP report,
and all CASP permit conditions.
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(7) Contingency Plan Requirementplan requirement. A contingency plan is required describing how the CASP might be modified if monitoring indicates a failure to meet the stated goals, or a
need to modify the goals because of events outside the landowner’sowner’s control (e.g., damage
associated with wildlife). For instance, if one of the planted species of vegetation proves ill adapted to the environment and fails to survive or thrive to the extent needed to provide the intended function then alternative species should be identified. In general, plans should initially plant at greater than 120 percent of the specified final density of shrubs and trees. The contingency plan
should call for either supplemental planting when the density falls below the prescribed final
density or it could call for the planting of alternate specie(s).
(8) Failure to Submit Required Reportssubmit required reports. Failure to submit a report required under this article shall constitute a failure to comply with the terms of the permit.
(9) Performance Bondbond. The administrator shall authorize the use of the performance bond to
ensure maintenance and monitoring are completed to comply with permit conditions. In the event
the performance bond amount is insufficient to ensure compliance with the permit (or if land disturbing activities on the site have negatively affected the mitigation area(s), the failure to comply with CASP permit conditions shall be processed by the administrator pursuant to JCC
Title 19 title 19 JCC (Code Compliance).
(10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if,
in the administrator’s opinion, critical area functions and values will not be adversely affected by a proposed activity.
(11) Recording of Approvedapproved CASP Requiredrequired. An approved CASP must be recorded on the property deed (recorded with the Jefferson County auditor) and must remain in
effect unless replaced by a new or updated CASP approved by the county. [Ord. 5-20 § 2 (Appx.
A)]1