HomeMy WebLinkAboutCAO Comment - Joe HoltropJefferson County Code
Chapter 18.22 CRITICAL AREAS
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Chapter 18.22
CRITICAL AREAS
Sections:
Article I. Authority, Purpose, and Intent
18.22.100 Authority.
18.22.110 Purpose.
18.22.120 Intent and construction of chapter.
Article II. Administrative Requirements
18.22.200 Applicability.
18.22.210 Identification and mapping of critical areas.
18.22.220 Critical area review process.
18.22.230 General exemptions.
18.22.240 Nonconforming uses and structures.
18.22.250 Variance, types and criteria.
18.22.260 Reasonable economic use exceptions.
18.22.270 Buffers physical separated and functionally isolated.
18.22.280 Adaptive management.
Article III. Critical Aquifer Recharge Areas
18.22.300 Purpose.
18.22.310 Classification/designation.
18.22.320 Applicability.
18.22.330 Protection standards.
Article IV. Frequently Flooded Areas
18.22.400 Purpose.
18.22.410 Classification and designation.
18.22.420 Applicability.
18.22.430 Protection standards – Incorporation by reference of chapter 15.15 JCC and
additional requirements.
Article V. Geologically Hazardous Areas
18.22.500 Purpose.
18.22.510 Classification/designation.
18.22.520 Applicability.
18.22.530 Protection standards.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCA))
18.22.600 Purpose.
18.22.610 Classification and designation.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
18.22.620 Applicability
18.22.630 Protection standards.
18.22.640 Impact assessment and mitigation.
Article VII. Wetlands
18.22.700 Purpose.
18.22.710 Classification and designation.
18.22.720 Applicability.
18.22.730 Protection standards.
18.22.740 Impact assessment and mitigation.
Article VIII. Agriculture
18.22.800 Purpose and intent.
18.22.810 Resource concerns.
18.22.820 Applicability and classification.
18.22.830 Protection standards.
18.22.840 Monitoring and adaptive management.
18.22.850 Compliance.
18.22.860 Limited public disclosure.
Article IX. Special Reports
18.22.900 Purpose.
18.22.905 General requirements.
18.22.910 Waivers.
18.22.915 Retaining consultants.
18.22.920 Acceptance of special reports.
18.22.930 Critical aquifer recharge area reports.
18.22.940 Frequently flooded area reports.
18.22.945 Geologically hazardous area reports.
18.22.950 Habitat management reports.
18.22.955 Process and requirements for designating habitats of local importance as critical
areas.
18.22.960 Wetland reports.
18.22.965 Critical area stewardship plan reports.
Article I. Authority, Purpose, and Intent
18.22.100 Authority.
This chapter is adopted under the authority of Article XI, section 11 of the Washington State
Constitution, chapter 36.70A RCW, the Growth Management Act, which requires a county to
enact a critical area ordinance and provide for its administration, enforcement and amendment
. [Ord. 5-20 § 2 (Appx. A)]
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
18.22.110 Purpose.
The purpose of this chapter is to adopt development regulations that protect critical areas that are
required to be designated under RCW 36.70A.170, part of the Growth Management Act (chapter
36.70A RCW), including the requirement to follow best available science. [Ord. 5-20 § 2 (Appx.
A)]
18.22.120 Liberal Construction.
This chapter and all proceedings under it shall be liberally construed with a view to affect its
purpose and intent. [Ord. 5-20 § 2 (Appx. A)]
Article II. Administrative Provisions
18.22.200 Applicability, Conflicts with other provision of this code and Requests.
(1) This chapter applies to any development, land disturbing activity or use located within or
containing a critical area or its associated buffer in Jefferson County.
(2) Jefferson County shall not issue any permit or other approval to alter a critical area or its
associated buffer without compliance with all of the requirements of this chapter.
(3) Land disturbing activity, development, or use located within or containing a critical area or
its associated buffer is prohibited without full compliance with all of the requirements of this
chapter.
(4) Land-disturbing activities in critical areas or their associated buffers are prohibited without
first obtaining all applicable permits.
(5) When one type of critical area or its associated buffer adjoins or overlaps another type of
critical area or its associated buffer, the more restrictive standard shall apply.
(6) When any provision of this chapter is in conflict with any other section of the Code, the
provision of the Code that provides most protection to the critical area shall apply.
(7) Any critical area occurring within the jurisdiction of the Shoreline Management Act also
shall follow the requirements in chapter 18.25 JCC.
(8) Compliance with this chapter shall not constitute a defense for failing to comply with any
other applicable federal, state, or local regulations.
(9) The requirements of this chapter shall apply concurrently with review conducted under the
State Environmental Policy Act (SEPA) (chapter 43.21C RCW), as locally adopted in chapter
18.40 JCC. Any conditions required pursuant to this chapter shall be coordinated with the SEPA
review and threshold determination.
(10) This chapter applies to every forest practice over which Jefferson County has jurisdiction
under chapter 76.09 RCW, title 222 WAC, and conversion of lands to non-forestry use
section18.20.160 JCC. [Ord. 5-20 § 2 (Appx. A)]
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
18.22.210 Identification and mapping of critical areas.
(1) The approximate location and extent of critical areas within the County are displayed on
various inventory maps available on the Jefferson County geographic information system (GIS)
web site. Critical area maps periodically shall be revised, modified, and updated to reflect current
information.
(2) The critical areas maps are provided only as a general guide to alert the viewer to the possible
location and extent of critical areas. Critical areas maps shall not be relied upon exclusively to
establish the existence, or absence or boundaries of a critical area, or to establish whether all of
the elements necessary to identify an area as a critical area actually exist.
(3) The type, extent and boundaries of critical areas may be approved by the administrator based
on county records, field data, or presented in Special Reports that meet all of the requirements of
Article IX for a type of critical area. In the event of a conflict between a critical area location
shown on the county’s maps and that of the administrator determination shall prevail over an
inconsistent critical area location shown on the County’s maps.
(4) To the extent practicable, the County shall ensure that its critical area maps are updated as
inventories are completed in compliance with the requirements of the Growth Management Act
(chapter 36.70A RCW). [Ord. 5-20 § 2 (Appx. A)]
18.22.220 Critical area review process.
(1) A Site Development Review outlined in section 18.40.420 to 480 JCC is required for all
permits for development or land disturbing activity. If the development entails complex issues
that require additional input from DCD, the applicant may request an optional pre-application
conference per section 18.40.090 JCC. The purpose of a pre-application conference is to discuss
shoreline and applicable critical area requirements, to review any conceptual site plans prepared
by the applicant and to identify potential impacts and mitigation measures. A pre-application
conference shall be for the convenience of the applicant, may, and may be conducted on-site, if
agreed upon by the applicant and DCD. Any recommendations from the pre-application
conference shall not be binding on the applicant or the County.
(2) The department shall perform a critical area review for any development application.
Reviews for multiple critical areas shall occur concurrently. For a critical area within shoreline
jurisdiction, critical area review shall occur as part of the shoreline review process.
(3) To provide a timely and coordinated review process, to the extent reasonably possible, DCD
shall consolidate the processing of permits issued by County departments that affect critical areas
with the other development permits, as outline in optional consolidated permit processing
outlined in section 18.40.030(2) JCC.
(4) DCD shall review all applications for development, land disturbing activity or a use
submitted to:
(a) Confirm the nature and type of the critical area;
(b) Evaluate any required assessments, reports, or studies;
Commented [JH1]: Confusing wording.
Commented [JH2]: Confusing wording.
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(c) Determine whether the development application is consistent with this chapter;
(d) Determine whether any additional information is needed to process the development
application; and,
(e) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient
to protect the critical area and associated buffer as well as public health, safety, and welfare
consistent with the goals, purposes, objectives, and requirements of this chapter.
(5) If development has the potential to impact a critical area or its associated buffer, the
administrator may require a special report to ensure the protection requirements of this chapter
are met. Critical area special reports are subject to all of the following requirements:
(a) The applicant shall submit a special report when required by this chapter;
(b) The report shall be evaluated by DCD to determine if all potential impacts to the critical
area or associated buffer have been addressed in the special report;
(c) DCD shall review the impacts of the proposed development for compliance with
mitigation requirements (as defined in JCC 18.10.130) to determine if the mitigation plan
sufficiently addresses the potential impacts; and
(d) Ensure that the submittal for the critical area is consistent with other documentation
submitted as part of the development application and requirements for a complete
application in chapter 18.40 JCC.
(6) At every stage of the development review process, the burden of demonstrating that a
development is consistent with this chapter is upon the applicant. [Ord. 5-20 § 2 (Appx. A)]
(7) Compliance with this chapter and permit conditions shall be required for any permit issued
by DCD. A final building certificate of occupancy shall not be issued until the mitigation
proposal has been implemented per the approved mitigation plan and building permit conditions.
Other development and stand-alone critical area review shall be required to ensure the mitigation
proposal was properly implemented and all permit conditions pertaining to critical areas and
buffers have been followed prior to any land use disturbance or use of the property. An approved
stand-alone critical areas review shall be completed to satisfy the requirements of this chapter.
18.22.230 Exemptions from all types of critical area requirements.
(1) Requirement for frequently flooded areas. Any development or land disturbing activity
proposed within frequently flooded areas (i.e., 100-year floodplains or floodway) shall also
require a flood permit application to be submitted to DCD. This requirement applies to the
proposed exemptions listed in subsection (3) of this section.
(2) It is the responsibility of the applicant to provide sufficient information for the administrator
to determine that one of the exemptions listed in subsection (4) of this section applies.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(3) The following activities in a critical area or its associated buffer are exempt when in
compliance with all of the requirements in this section, including those additional requirements
in this subsection:
(a) Agricultural activities. Existing and on-going agricultural activities, as defined in JCC
18.10.010, are exempt and may continue in substantially the same manner; provided, the
agricultural activity does not result in adverse impacts to a critical area or its associated
buffer. This exemption shall include maintenance and repair of lawfully established
structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided,
maintenance work does not expand further into a critical area.
(b) Forest practice activities. Classes I, II, III, and IV special (not Class IV general
conversions or conversion option harvest plans) in accordance with the provisions of chapter
76.09 RCW and forest practice regulations, title 222 WAC are exempt, except where the
lands have been or are proposed to be converted to a use other than commercial forest
product production;
(c) Transportation activities maintenance or reconstruction. Maintenance or reconstruction of
existing public or private roads, paths, bicycle ways, trails, and bridges are exempt.
(d) On-site sewage system activities. Maintenance or reconstruction of on-site sewage
systems are exempt. The expansion or reconstruction of an on-site sewage system shall not
further encroach upon a shoreline and critical area its associated buffers without obtaining
written authorization or a permit from DCD.
(e) Drainage facilities or flood control structure maintenance or repair activities.
Maintenance or repair of existing drainage facilities or systems and flood control structures
are exempt. This includes but is not limited to, ditches (that do not meet the criteria for
being designated FWHCA or wetlands), culverts, catch basins, levees, reservoirs, and
outfalls.
(f) Utilities activities. The utility activities listed below are exempt, provided:
(i) Normal and routine maintenance or repair of existing utility facilities or rights-of-
way; or,
(ii) Installation, construction, relocation and replacement, operation, repair, or alteration
of all utility lines, equipment, or appurtenances, not including substations, in improved
road rights-of-way;
(g) Reconstruction, remodeling, or maintenance of structures activities. Reconstruction,
remodeling, or maintenance of structures activities are exempt, provided:
(i) Reconstruction, remodeling, or maintenance of existing structures shall be within the
footprint of an existing lawfully established structure; and,
(ii) Work areas shall be minimized to the fullest extent possible, restored to previous
conditions as soon as construction is complete, and staging areas are located outside
of critical areas and their associated buffers.
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This exemption shall not apply if the activity creates or continues a circumstance where
personal or property damage is likely is due to conditions of the critical area or if there is
further intrusion into a critical area or its associated buffer.
(h) Site investigative activities. Site investigative activities in wetlands, landslide hazard
areas, riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation
areas, or their associated buffers that is necessary for development application submittals or
permit compliance, including but not limited to groundwater monitoring wells, sediment
sampling, surveys, soil borings, shallow soil test pits, and percolation tests that involve no
filling of land or use of heavy equipment and excavation for soil logs or percolation tests.
Site investigation activities that involve excavated areas are required to be filled unless
waived by the administrator;
(i) Emergency activities. Activities necessary to resolve or prevent imminent threat or
danger to public health or safety, or to public or private property, or serious environmental
degradation are exempt; provided:
(A) The nature of the emergency requires immediate action within a time period too short
to allow full compliance with this chapter;
(B) DCD, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army
Corps of Engineers), have been notified of the emergency action within one working day
of the initiation of the emergency action;
(C) Any person undertaking emergency action using this exemption shall submit a
complete application to department for review and approval within 30 days of abatement
of the emergency, and the after-the-fact application shall show compliance with all
requirements of this chapter;
(D) Any impacts to critical areas or their associated buffers from the emergency activities
that are not mitigated within one year of issuance of an “after-the-fact” permit shall be in
violation of this exemption and subject to enforcement under title 19 JCC;
(j) Artificial wetlands and artificial ponds. Artificial wetlands and artificial ponds activities
are exempt if all of the following requirements are met:
(i) The artificial wetland or pond does not meet the definition of wetland or a FWHCA;
and,
(ii) The artificial wetland or pond was not constructed from a wetland or a FWHCA or
was legally constructed from a wetland or a FWHCA by (without receiving all
applicable permits to modify the critical area);
(k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and
other irrigation structures and facilities that do not require a state hydraulic permit and do not
meet the criteria for being designated as a FWHCA or wetlands;
(l) Recreational uses without any adverse impact to a critical area. Recreational uses that do
not cause any adverse impact to a critical area is exempt. Examples include, but are not
limited to, such recreational uses as swimming, canoeing, kayaking, hunting, and fishing
Commented [JH3]: Artificial pond maintenance
activities?
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(pursuant to state law), bird watching, hiking, and bicycling. However, this exemption shall
not apply to recreational uses that meet the definition of development;
(m) Existing residential landscaping (typically non-native vegetation), including planting,
irrigating, mowing, pruning, and maintenance and repair of landscaping structures are
exempt; provided, these activities are part of existing residential landscaping activities and
no building permit is required. This exemption does not allow any additional intrusion,
expansion, or installation of non-native species into a critical area or its associated buffer;
(n) Noxious weed control. Removal or eradication of noxious weeds listed in chapter 16-750
WAC; provided, the that all of the following conditions are met:
(i) The removal or control of noxious weeds shall follow guidelines issued by the
Jefferson County Noxious Weed Control Board;
(ii) The Jefferson County Noxious Weed Control Board shall coordinate with DCD for
the control of noxious weeds in wetlands; and,
(iii) The application of all herbicide in aquatic environments shall conform to the rules
of the Washington State Department of Ecology, Washington State Department of
Agriculture and Washington State Department of Natural Resources, pursuant to
chapters 16-228, 173-201a, and 222-38 WAC;
(o) Harvesting of wild crops. Harvesting wild crops as defined in 7 C.F.R § 205.2 is
exempt; provided, that the harvesting:
(i) Is not injurious to natural reproduction of such crops;
(ii) Does not require tilling soil, planting crops, or changing existing topography, water
conditions, or water sources; and,
(iii) Does not have any adverse impacts on protection of the critical area or its associated
buffer;
(p) Native vegetation enhancement. The enhancement of a critical area or its associated
buffer by the removal of invasive plants by hand heldhandheld machinery and the planting of
native vegetation is exempt. Invasive plants include those listed in the Washington State
University Extension invasive forest weed resources (i.e. Butterfly bush, English holly,
English ivy, Herb-Robert, Himalayan blackberry, English holly, Tansy ragwort, etc.) or
qualified professional, and approved by the administrator.
(q) Tree removal within FWHCA, wetlands and moderate or high landslide areas. All tree
Removal removal within FWHCA, wetlands, and moderate or high landslide hazardous
areas or their associated buffers are exempt; provided DCD also may require:
(i) A tree removal permit;
(ii) A special report from a certified arborist to determine if the tree is dead, diseased or
a threat to habitable or accessory structures, or where people congregate;
Commented [JH4]: Above it says “all” of the conditions
are met. What if a landowner does the work independent of the weed board?
Commented [JH5]: Or do you mean the state and county
noxious weed lists?
Commented [JH6]: Hazard tree removal or any tree removal? What about tree removal to open up views?
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(iii). A habitat management plan or a mitigation plan;
(iv) . A restoration plan to ensure that there is adequate native tree or native shrub cover
in areas where a tree or trees are removed;
(v) If tree removal is proposed in a moderate or high landslide hazard landslide hazard
area, DCD may require a geotechnical report if tree removal could destabilize the slope;
For tree removal in Shoreline Jurisdiction see also JCC 18.25.310(2)(c)(i)&(ii) and JCC
18.25.310(2)(d)(iii),(iv)&(vii).
(r) New Trails. The construction of new, unpaved, nonmotorized trails when located in the
outer 25 percent of a wetland or a fish and wildlife habitat conservation area or their critical
area buffers; provided, the new trail is no wider than three feet. This exemption shall not
apply to Shoreline Jurisdiction, frequently flooded, where development must follow FEMA
requirements, or for new public use trails within a moderate or high landslide hazard area.
(s) Beaver dam alterations with a hydraulic project approval. Beaver dam alterations in
stream channels when undertaken with a hydraulic project approval issued by the
Washington State Department of Fish and Wildlife pursuant to chapter 77.55 RCW and
chapter 220-660 WAC are exempt.
(4) Application for exemption. An application for an exemption shall contain all of the
following:
(a) Prior to the start of the development, land disturbing activity or use for which an
exemption is sought, the applicant shall submit to DCD a written description of the
development, land disturbing activity or use that includes all of the following information:
(i) Type, timing, frequency, and sequence of the development, land disturbing activity or
use to be conducted;
(ii) Type of equipment to be used (hand or mechanical);
(iii) What activity the equipment will be used to perform;
(iv) How the development, land use activity or use avoids further alterations, impacts, or
encroachment upon the critical area and its associated buffer;
(v) Measures to be implemented to avoid impacts to critical area and its associated
buffer functions;
(vi) Why no other reasonable or practicable alternative exists to achieve the applicant’s
desired objective; and;
(vii) Best management practices to be used.
(viii) Other information as determined by DCD to make this determination.
(5) Five-year length of an approved application for an exemption. An approved application for
an exemption shall be valid for five years; provided, there is no significant change in the type or
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extent of the development, land disturbing activity or use. Once the development or use is
completed, it can be continued. However, any other development, land disturbing activity or use
shall require additional review by DCD the development.
(6) Limitations on exemptions. All exemptions are subject to all of the following limitations:
(b) The development, land use activity or use shall not further alter, impact, or encroach
upon critical areas or critical area buffers and no reasonable or practicable alternative exists;
(c) The development, land disturbing activity or use shall not further affect the functions of a
critical area or a critical area buffer, and no reasonable or practicable alternative exists to
achieve the applicant’s desired objective;
(d) Best management practices shall be implemented to minimize impacts to critical areas
and their associated buffer s during the activity;
(e) Disturbed critical areas and their associated buffers shall be restored immediately after
the activity is complete; and,
(f) Any impacts of the development, land disturbing activity or use to a critical area or its
associated buffer shall be mitigated, as approved by the administrator.
(7) Authority of the administrator. The administrator may:
(a) Request additional information, from an applicant to ensure compliance with exemption
requirements, including special reports listed in Article IX of this chapter;
(b) Determine whether an application for an exemption meets the all the requirements for the
exemption;
(c) Determine that the development, land disturbing activity or use is closely allied or similar
to any activity in the list in subsection (7) of this section, even if the proposed activity does
not meet the precise terms of an activity listed as exempt in subsection (7) of this section;
provided the activity does not impact the functions and values of any critical area or its
associated buffer; and
(d) Take enforcement action under title 19 JCC for any development, land disturbing activity
or use located within or containing a critical area or its associated buffer that does not meet
exemption requirements.
The decisions in subsections (a), (b), and (c) of this subsection are Type I land use decisions
under JCC 18.40.040.
18.22.240 Nonconforming uses and structures.
(1) Any legal use or legal structure in existence on the effective date of this chapter that does not
meet the critical area or its associated buffer shall be considered a legal nonconforming use.
(2) Applicants who prove to the satisfaction of the administrator that the use or structure was
legal prior to the effective date of this chapter may continue.
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(3) A legal nonconforming use or structure may be maintained or repaired as allowed by this
chapter. This may include meeting the provisions of JCC 18.20.260.
(4) A legal nonconforming use or structure that has been damaged or destroyed may be restored
to a lawfully established prior condition and the immediately previous use may be resumed in
accordance with nonconforming provisions of JCC 18.20.260.
(5) Nonconforming uses and structures in a critical area or its associated buffer that are under
the jurisdiction of the Shoreline Management Act shall follow JCC 18.25.660 (Nonconforming
development).
18.22.250 Buffer variance types and criteria.
(1) Applications for a variance shall be made on forms approved by the administrator and shall
contain all of the information required in JCC 18.40.100 and in this subsection (1):
(a) All applications for a variance shall include a restoration plan, habitat management
plan or mitigation plan consistent with the provisions of Article IX Special Reports of
this chapter. The application for a variance shall be processed pursuant to chapter 18.40
JCC (Application and Review Procedures).
(b) Applications for a variance under this section may be pursued only if buffer averaging
is not feasible. Buffer averaging is not considered a variance.
(c) Applications for a Type I Administrative variance or a Type III critical area
variance shall satisfy all of the requirements in subsection (2) of this section.
(2) Variance criteria
Prior to the granting of a variance, the applicant shall demonstrate that all of the following
criteria have been met:
(a) Failure to grant the variance would result in an extraordinary hardship to the
applicant;
(b) The extraordinary hardship to the applicant is specifically related to the property, and
is the result of unique conditions such as irregular lot shape, size, or natural features and
the application of this chapter, and is not, for example, from deed restrictions or the
applicant’s own actions;
(c) The variance is justified to cure a special circumstance and not simply for the
economic convenience of the applicant and no other practicable or reasonable alternative
exists;
(d) The granting of the variance shall not be materially detrimental to the critical area,
public health, safety, welfare, use or interest; or injurious to the property or
improvements in the vicinity;
(e) The granting of the variance is the minimum necessary to afford relief to
accommodate a use allowed under the Comprehensive Plan, chapter 18.45 JCC, Land
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Use Districts, chapter 18.15 JCC, Jefferson County Shoreline Master Program (SMP),
chapter 18.25 JCC, or other applicable provisions of the Code;
(f) The granting of the variance shall not materially compromise the goals and policies of
the Comprehensive Plan, the Code, or be inconsistent with title 18 JCC.
Proposals that do not meet the variance criteria may submit a reasonable economic use
exception or a critical area stewardship plan (CASP).
18.22.260 Reasonable economic use exceptions.
Except when application of this chapter would deny all reasonable use of the property, an
applicant who seeks an exception from the standards and requirements of this chapter shall
pursue relief by means of a variance as provided for in this chapter. Any reasonable use
authorized under this section shall also be an allowed or conditional land use as specified by
chapter Section 18.15 land use districts. If the application of this chapter would deny reasonable
use of the property, or would otherwise constitute a taking under either the State or federal
constitution, the applicant may apply for a reasonable use exception pursuant to this subsection:
(1) An application for a critical area reasonable use exception shall be filed with the
Administrator and shall be considered by the Hearing Examiner as a Type III permit pursuant to
Chapter 18.40 JCC. The applicant may apply for a reasonable use exception without first
applying for a variance if the requested exception would provide relief from standards for which
a variance cannot be granted under this chapter (i.e. exceeds the maximum reduction permitted in
each of the critical area protection standards). The property owner and/or applicant for a
reasonable use exception have the burden of proving that the property is deprived of all
reasonable uses.
(2) Even though a variance application is not required, a reasonable use exception is a type of
variance and shall meet the variance criteria found in Section 18.22.250 JCC to the maximum
extent possible. In addition, approval of a reasonable use exception requires consistency with all
of the following criteria listed in subsections (a) through (f) of this section. Demonstration of
consistency is burdened upon the applicant:
(a) The applicant shall submit reports documenting the location of all the critical areas and their
associated buffers. This information shall be identified on a site map to scale.
(b) Application of this chapter would deny all reasonable use of the property; and
(c) There is no other reasonable or practicable use with less impact on the critical area; and
(d) The proposed development does not pose an unreasonable threat to the public health, safety
or welfare on or off the development proposal site; and
(e) The proposed development is consistent with the general purposes of this chapter and the
public interest, and does not conflict with applicable State and federal laws; and
(f) The proposed alterations to regulated critical areas are the minimum necessary to allow for
reasonable use of the property.
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(3) Any authorized alteration of a critical area under this section may be subject to conditions
established by Jefferson County and may require mitigation under an approved mitigation plan
pursuant to Article IX Special Report of this chapter.
18.22.270 Buffers physically separated and functionally isolated.
(1) Critical area buffers that are both physically separated and functionally isolated from a
critical area and do not protect the critical area from adverse impacts shall be excluded from
critical areas requirements of this chapter. Physical separated and functional isolation can occur
due to anthropogenic physical conditions such as an existing impervious public road, or
structures of sufficient size to eliminate buffer functions, vertical separating, or any other
relevant physical characteristic. The administrator shall evaluate whether the interruption affects
the entirety of the buffer. Individual structures that do not fully interrupt buffer functions shall be
limited in scope to just the portion of the buffer that is affected.
(2) Functional isolation shall be limited to landslide hazard, wetland and FWHCA, and their
associated buffers only.
(3) Special Report May Be Required. The administrator may require a special report to
determine whether a critical area and its associated buffer is functionally isolated.
18.22.280 Adaptive management.
Adaptive management is an ongoing process if of assessing critical area policies, regulations, and
procedures and this process is intended to identify ways of improving critical area protection.
Monitoring of process improvements leads to a feedback loop that can be used to continuously
make improvements. Monitoring includes assessing if permits followed all applicable
regulations, if regulations are implemented consistently over time, and if regulations are
effectively resulting in no net loss of critical area functions. The County looks to improve
processes, and, as funding and staffing allow, are interested in evaluating regulatory and
nonregulatory actions affecting critical area protections.
Article III. Critical Aquifer Recharge Areas
18.22.300 Purpose.
Potable water is an essential life-sustaining element for humans and many other species. Much of
Jefferson County’s drinking water comes from groundwater supplies. Critical aquifer recharge
areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing
contamination from land uses that may contaminate groundwater is necessary to protect water
supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is
the purpose of this article to identify and classify aquifer recharge areas in accordance with
WAC 365-190-100 and balance competing needs for land uses and clean water supplies and
preserve essential natural functions and processes, especially for maintaining FWHCA. [Ord. 5-
20 § 2 (Appx. A)]
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18.22.310 Classification and designation.
Critical aquifer recharge areas (CARA) have the same meaning as in JCC 18.10.030 C
definitions.
The following classifications define critical aquifer recharge areas:
(1) Susceptible Aquifer Recharge Areas. Susceptible aquifer recharge areas are those with
geologic and hydrologic conditions that promote rapid infiltration of recharge waters to
groundwater aquifers. For the purposes of this article, unless otherwise determined by
preparation of a Hydrogeologic or Critical Aquifer Recharge Area special report authorized
under this article, the following geologic units, as identified from available Washington State
Department of Natural Resources geologic mapping, define susceptible aquifer recharge areas
for east Jefferson County:
(a) Alluvial fans (Ha);
(b) Artificial fill (Hx);
(c) Beach sand and gravel (Hb);
(d) Dune sand (Hd);
(e) Floodplain alluvium (Hf);
(f) Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) Vashon recessional outwash in melt water channels (Vro);
(h) Vashon ice contact stratified drift (Vi);
(i) Vashon ablation till (Vat);
(j) Vashon advance outwash (Vao);
(k) Whidbey formation (Pw); and
(l) Pre-Vashon stratified drift (Py).
(2) Special Aquifer Recharge Protection Areas. Special aquifer recharge protection areas include:
(a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as
Marrowstone Island;
(b) Special protection areas designated by the Washington State Department of Ecology
under chapter 173-200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies
specified by the Washington State Department of Health under authority of chapter 246-290
WAC;
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(d) Groundwater management areas designated by the Washington State Department of
Ecology in cooperation with local government under chapter 173-100 WAC.
(3) Seawater Intrusion Protection Zones (SIPZ).
(a) Seawater intrusion protection zones are:
(i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater
intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to
groundwater sources that have demonstrated high chloride readings.
(ii) All islands and land area within one-quarter mile of marine shorelines and associated
aquifers together compose the coastal SIPZ.
(b) High Risk SIPZ.
(i) Existing individual groundwater sources with a history of chloride analyses above
200 mg/L are categorized as a high risk SIPZ for development proposed under this code.
(ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses
above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for
development proposed under this code.
(c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride
analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for
development proposed under this code.
(4) Connate Seawater Exception. In some cases, high chloride readings may be indicative of
connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When
best available science or a hydrogeologic evaluation demonstrates that high chloride readings in
a particular area are due to connate seawater, the area in question shall not be considered an at
risk or high risk SIPZ.
(5) Recommendation from the Jefferson County Public Health Department. When the status of
an area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for
making the determination based upon recommendation from the Jefferson County Public Health
Department.
18.22.320 Applicability.
This article applies to any development, land disturbing activity or use within critical aquifer
recharge areas, unless the proposed activity meets any of the exemptions listed in JCC 18.22.230
General exemptions
18.22.330 Protection standards.
(1) General. The following protection standards shall apply to all development, land disturbing
activities or uses within a critical aquifer recharge area (CARA) that have the potential to impact
aquifers. These areas include geologic and hydrologic conditions that promote rapid infiltration
of recharge waters to groundwater aquifers, which are vulnerable to contaminations. CARA are
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areas with a critical recharging effect on aquifers used for potable water. These include areas
special aquifer recharge protection areas for the protection of sole source of drinking water as
designated by the federal or the state of Washington.
(2) High impact uses. The uses listed below are considered high impact uses and shall be
prohibited in areas that are classified as both a susceptible aquifer recharge area and a special
aquifer recharge protection area. In areas classified solely as a susceptible aquifer recharge area
or a special aquifer recharge protection area, these uses shall require a critical aquifer recharge
area report or hydrogeologic special report.
(a) Chemical manufacturing and processing;
(b) Creosote and asphalt manufacturing or treatment (except that asphalt batch plants may
be permitted in susceptible aquifer recharge areas only if such areas lie outside of special
aquifer recharge protection areas and only if best management practices are implemented
pursuant to JCC 18.20.240(2)(h)(iv) and 18.30.170(1) and an accepted special report on
the critical aquifer recharge area or hydrogeologic report);
(c) Dry cleaners;
(d) Electrical battery processing, reprocessing, or storage;
(e) Electroplating and metal coating activities;
(f) Hazardous substance disposal, storage, and treatment facilities;
(g) Junk and salvage yards;
(h) Landfills;
(i) Petroleum product refinement and reprocessing;
(j) Pipelines;
(k) Radioactive disposal or processing of radioactive wastes;
(l) Recycling centers or recycling collection facilities as defined in JCC 18.10.180;
(m) Storage tanks (above or below ground) for hazardous substances or petroleum
products;
(n) Tank farms;
(n) Waste piles as defined in WAC 173-303-660; and,
(o) Wood and wood products treatment or preserving.
(3) Other uses. The following uses, when proposed in a critical aquifer recharge area shall be
subject to the protection standards in this article:
(a) All industrial and commercial uses with the potential to impact groundwater;
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(b) All rural residential uses that meet one of the following;
(i) Uses with a locally managed community sewage system;
(ii) Uses with a large on-site sewage system meeting the management requirements of the
Washington Department of Health; and,
(iii) All planned rural residential developments. [Ord. 5-20 § 2 (Appx. A)]33
(4) Seawater Intrusion Protection Zones (SIPZ). New development, redevelopment, and new
land disturbing activities on islands and in close proximity to marine shorelines where there is a
risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge,
maintain the saltwater and freshwater balance to the maximum extent possible, and are subject to
the antidegradation policy in accordance with WAC 173-200-030.
(5) Stormwater disposal.
(a) Stormwater runoff shall be controlled and treated in accordance with best management
practices and facility design standards as identified and defined in the current Stormwater
Management Manual for Western Washington and the stormwater provisions contained in
chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that
facilitates aquifer recharge.
(b) To help prevent seawater from intruding landward into aquifers, all new development
activity on Marrowstone Island and within one-quarter mile of any marine shoreline should
be required to infiltrate all stormwater runoff on site, except if this would destabilize
unstable slopes. The administrator will consider requests for exceptions to this policy on a
case-by-case basis. The administrator may require a special report that indicates that
infiltration of stormwater is unfeasible based on the hazards to slope stability complies with
all the requirements of JCC 18.22.930, and demonstrates the project does not pose a threat of
seawater intruding landward into aquifers, or other information (like the use of wells in the
areas, availability of public water systems, or proximity to marine waters) when making this
determination.
(6) On-site sewage disposal. All land uses identified in JCC 18.22.320 that are within areas
classified as both a special aquifer recharge protection area and a susceptible aquifer recharge
area shall be reviewed by Jefferson County Environmental Public Health Department to ensure
the nitrogen requirements in title 8 JCC are met.
(7) Golf courses and other turf cultivation.
(a) Golf courses shall be developed and operated in a manner consistent with the most
current edition of “Best Management Practices for Golf Course Development and
Operation,” King County Department of Development and Environmental Services.
(b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of
cultivated turf shall be operated in a manner consistent with portions of the aforementioned
best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In
seawater intrusion protection zones, golf courses and other turf cultivation using
Commented [JH7]: Should or shall?
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groundwater for irrigation shall be prohibited, unless the water source is located outside of
seawater intrusion protection zones or in an approved public water supply.
(8) Above-ground and underground storage tanks.
(a) Above-ground and underground storage tanks shall be fabricated, constructed, installed,
used and operated in a manner which prevents the release of hazardous substances to the
ground or groundwater and is consistent with the Washington State Department of Ecology’s
standards for construction and installation under chapter 173-360A WAC.
(b) Above-ground storage tanks intended to hold or store hazardous substances shall be
provided with an impervious containment system, enclosing and underlying the tank, and
ensure other measures are undertaken as prescribed by the Uniform Fire Code which provide
an equivalent measure of protection.
(c) Underground storage tanks intended to store hazardous substances shall provide an
impervious tertiary containment system underlying the tanks or ensure that other measures
are undertaken which provide an equivalent measure of protection.
(d) When required under this section, an impervious containment system shall be durable,
compatible with the substance it is meant to contain, and large enough to contain a volume
equal to 10 percent of all containers, or 110 percent of the largest single container,
whichever is greater.
(9) Mining and quarrying. For mining and quarrying, required performance standards with
groundwater protection best management practices pertaining to operation, closure, and the
operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt
concrete batch plants, where allowed, are contained in chapters 18.20 and 18.30 JCC.
(10) Hazardous substances. Activities that generate, handle, store, or use hazardous substances,
which are not prohibited outright under this code, and which are conditionally exempt from
regulation by the Washington State Department of Ecology under WAC 173-303-100
(Dangerous waste criteria), or which generate, handle, store or use hazardous substances, shall be
required to prepare and submit a hazardous substances management plan that demonstrates that
the development shall not have an adverse impact on groundwater quality. The hazardous
substances management plan shall describe the following:
(a) How hazardous substance(s) shall be managed in a manner consistent with chapter 8.10
JCC and chapter 173-303 WAC;
(b) Screening of any waste suspected of being a regulated dangerous waste as defined in JCC
8.10.100;
(c) Requirements for labeling of containers holding hazardous substances with the name of
the hazardous substance(s) and the applicable material safety data sheets; and
(d) The secondary containment system to be used to prevent releases of hazardous
substances to the ground, groundwater, and surface water.
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The facility owner shall update the hazardous materials management plan annually and provide
the updated plan to the department on or before the next January 1st, after the plan is updated.
(11) Well drilling, subdivisions, and building permits in SIPZ.
(a) Well drilling. The Washington State Department of Ecology regulates well drilling
pursuant to the Water Well Construction Act. Proposed wells, including those exempt from
permitting requirements, shall be sited at least 100 feet from “known or potential sources of
contamination,” which include “sea-salt water intrusion areas” (WAC 173-160-171), unless
a variance is obtained from the Washington State Department of Ecology per WAC 173-
160-106.
(b) Subdivisions. Applications for division of land (chapter 18.35 JCC) in coastal, at risk,
and high risk SIPZ shall include specific and conclusive proof of adequate supplies of
potable water and the applicant shall provide a special report that satisfies all the
requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b) that
demonstrates that the creation of new lots and corresponding use of water shall not cause
degradation of the aquifer by seawater intrusion. A hydrogeologic evaluation shall not be
required when the applicant demonstrates that public water is available for the entire project.
(c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and
the existence of undeveloped lots of record, DCD, in consultation with the Jefferson County
Environmental Public Health Department shall only allow land division on the island if
public water connections are provided to each lot of a proposed project and all existing wells
within the project site are decommissioned. No permit shall be approved if a public water
connection to each lot of a proposed project cannot be provided.
(d) Building Permits.
(i) Evidence of potable water may be an individual well, connection to a public water
system, or an alternative system. Whatever method is selected, the regulatory and
operational standards for that method shall be met and the department will work in
consultation with the Jefferson County Public Health Department. Identification of well
interference problems and impairment to senior rights is the responsibility of the
Washington State Department of Ecology. If the possibility of a problem is suspected,
the local permitting authority should contact the Washington State Department of
Ecology, as required by RCW 19.27.097.
(ii) All types of building permits that require proof of potable water use, as per RCW
19.27.097, are subject to this article.
(e) All of the following voluntary and mandatory measures for mitigating seawater intrusion
apply to development are required within the coastal, at risk, and high risk SIPZ, and upon
Marrowstone Island, in addition to all existing applicable health codes:
(i) Coastal SIPZ.
(A) Voluntary actions. Voluntary actions may include but are not limited to:
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(I) Water conservation measures;
(II) Ongoing well monitoring for chloride concentration; and,
(III) Submittal of data to the DCD.
(B) Mandatory actions.
(I) For proof of potable water on a building permit application, applicant shall
utilize Washington State Department of Health-approved public water system if
available;
(II) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may be used as proof of potable
water subject to all of the following requirements:
1. Chloride concentration of a laboratory-certified well water sample
submitted with building permit application; and,
2. Installation of source-totalizing meter (flow);
(III) If public water is unavailable, a qualifying alternative system may be used
as proof of potable water.
(ii) At risk SIPZ.
(A) Voluntary actions.
(I) Water conservation measures.
(B) Mandatory actions.
(I) For proof of potable water on a building permit application, the applicant
shall utilize a Washington State Department of Health-approved public water
system if available;
(II) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may be used as proof of potable
water subject to all of the following requirements:
1. Chloride concentration of a laboratory-certified well water sample
submitted with building permit application;
2. Installation of a source-totalizing meter (flow);
3. Ongoing well monitoring for chloride concentration; and
4. Submittal of flow and chloride data to the County per monitoring
program.
(III) If public water is unavailable, a qualifying alternative system may be used
as proof of potable water.
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(iii) High risk SIPZ.
(A) Mandatory actions.
(I) Water conservation measures;
(II) For proof of potable water on a building permit application, applicant shall
utilize a Washington State Department of Health-approved public water system
if available;
(III) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may only be used as proof of
potable water subject to all of the following requirements:
1. Variance from the title 173 WAC standards granted by the Washington State
Department of Ecology per WAC 173-160-106 for a new groundwater well
within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e.,
within 100 feet of a groundwater source showing chloride concentrations above
200 mg/L or within 100 feet of the marine shoreline) and with the submittal of a
hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic
evaluation contained in JCC 18.22.930(2)(b);
2. For an existing groundwater well not subject to a Washington State
Department of Ecology variance, the applicant shall provide a hydrogeologic
evaluation that satisfies all the requirements or a hydrogeologic evaluation
contained in JCC 18.22.930(2)(b), which shall be transmitted to the Washington
State Department of Ecology for review, demonstrating that use of the well does
not cause any detrimental interference with existing water rights and is not
detrimental to the public interest;
3. Chloride concentration of a laboratory-certified well water sample submitted
with building permit application;
4. If chloride concentration exceeds 250 mg/L in a water sample submitted for a
building permit, then the property owner shall be required to record a restrictive
covenant that indicates a chloride reading exceeded the U.S. Environmental
Protection Agency secondary standard (250 mg/L) under the National
Secondary Drinking Water Regulations;
5. Installation of a source-totalizing meter flow;
6. Ongoing well monitoring for chloride concentration;
7. Submittal of flow and chloride data to the County per monitoring program;
and
(IV) If public water is unavailable, a qualifying alternative system may be used
as proof of potable water.
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(iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high
risk SIPZ, and the island is served by public water, proof of potable water connection to
the public water supply will be required for all lots in the project.
(12) Mitigating conditions. The administrator may require additional mitigating conditions, as
needed to provide protection to all critical aquifer recharge areas and to ensure that the subject
land or water use action will not pose a risk of significant adverse groundwater quality impacts.
The determination of significant adverse groundwater quality impacts will be based on the
antidegradation policy included in chapter 173-200 WAC.
(13) Quilcene-snow water resource inventory area (WRIA 17) in-stream flow rule. All
applications required to provide proof of potable water or source water approval shall meet all
County and state requirements, including WRIA 17 in-stream flow rule in chapter 173-517 WAC
at the time of application. All applications involving water use shall be reviewed by the Jefferson
County Public Health Department for compliance with County and state requirements.
(14) Results of DCD’s review of a special report on a critical aquifer recharge area, a
hydrogeologic evaluation or a hazardous substances management plan. The applicant shall
submit a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous
substances management plan to be reviewed by the County and DCD shall either:
(a) Accept the special report on a critical aquifer recharge area, a hydrogeologic evaluation
or a hazardous substances management plan and approve the application; or
(b) Reject the special report on a critical aquifer recharge area, a hydrogeologic evaluation or
a hazardous substances management plan and require revisions or additional information.
(15) Authority for denial. In all critical aquifer recharge areas, the administrator may deny
approval if the protection standards contained in this section or added mitigating conditions
cannot prevent significant adverse groundwater quality impacts.
Article IV. Frequently Flooded Areas
18.22.400 Purpose.
The purpose of this article is to protect the public health, safety and welfare from harm caused by
flooding and to establish protection standards for these areas. It is the intent of this article to
prevent damage or loss to people, property, infrastructure, and federally-listed species and to
ensure compliance with Federal Emergency Management Agency (FEMA) requirements. [Ord.
5-20 § 2 (Appx. A)]
18.22.410 Classification and designation.
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater
chance of flooding in any given year, or within areas subject to flooding due to high
groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas,
wetlands, and areas where high groundwater forms ponds on the ground surface. Frequently
flooded areas perform important hydrologic functions and may present a risk to persons and
property. Flood hazard areas are depicted on FEMA Flood Insurance Rate Maps (FIRMs).
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FIRMs display areas of concern including areas that fall within the 100-year floodplain
designations of FEMA and the National Flood Insurance Program. [Ord. 5-20 § 2 (Appx. A)]
18.22.420 Applicability.
This article applies to any development within frequently flooded areas, unless the proposed
activity meets any of the exemptions listed in chapter 15.15 JCC. The flood damage prevention
ordinance (chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365-
190-110(1)) through directly considering the effects of flooding on human health and safety,
together with effects on public facilities and services, through its protection standards. For
purposes of this article, “development” is defined as any manmade change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or
materials, subdivision of land, removal of more than five percent of the native vegetation on the
property, or alteration of natural site characteristics. [Ord. 5-20 § 2 (Appx. A)]
18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and
additional requirements.
This chapter incorporates by reference the classification, designation and protection provisions
contained in the County flood damage prevention ordinance (chapter 15.15 JCC) with the
following additions:
(1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance
(chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with FEMA
regulatory requirements. Such flood hazard areas shall be subject to the requirements of the flood
damage prevention ordinance (chapter 15.15 JCC).
(2) Compliance with national marine fisheries service biological opinion. Development proposed
within regulated frequently flooded areas and floodplains shall ensure no impacts to federally
listed fish and wildlife species and habitats as required by the National Marine Fisheries Service
(NMFS) September 22, 2008, final Biological Opinion (BiOp) under the Endangered Species
Act (ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking
No.: 2006-00472 (or as amended by NMFS)).
(3) Habitat assessment requirements.
(a) A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted
to the department for review if any portion of the proposed project occurs within a special
flood hazard area (floodplain), as mapped by FEMA.
(b) The administrator may request federal assistance in reviewing the submitted habitat
assessment.
(c) The administrator may waive the requirement to submit a habitat assessment only if:
(i) The entire proposal meets one of the exemptions listed in chapter 15.15 JCC;
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(ii) The proposal requires a federal permit that is reviewed by federal agencies
responsible for ensuring compliance with the Endangered Species Act (this could
include, but is not limited to, project actions covered by separate consultation under
Section 4(d), 7, or 10 of the Endangered Species Act);
(iii) A habitat assessment previously has been prepared and the proposed project clearly
fits within the nature and scope of that habitat assessment; or
(iv) If FEMA approves an alternate process for the County to demonstrate compliance
with the Biological Opinion (such as a programmatic review), this department may
waive the requirement to submit a habitat assessment. [Ord. 5-20 § 2 (Appx. A)]
Article V. Geologically Hazardous Areas
18.22.500 Purpose.
The purpose of this article is to reduce risks to human life and safety and reduce the risk of
damage to structures and property from geologic hazards, to allow for natural geologic processes
supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land
use and planning decisions. Since the elimination of all risk from geologic hazards is not feasible
to achieve, the purpose of this article is to reduce the risk to acceptable levels. [Ord. 5-20 § 2
(Appx. A)]
18.22.510 Classification/designation.
Geologically hazardous areas have the same meaning as in JCC 18.10.070 G definitions.
Unless specifically noted below, principal sources of geologically hazardous areas mapped
information are the Washington State Department of Natural Resources Geologic Hazard Maps
(https://dnr.wa.gov/washington-geological-survey/geologic-hazards-and-environment/geologic-
hazard-maps).
Geologically hazardous: are the following classification and designation criteria are considered
when classifying geologically hazardous areas:
(1) Erosion hazard areas (as defined in JCC 18.10.050)
(2) Landslide hazard areas (as defined in JCC 18.10.120). Landslide hazard areas include
any areas susceptible to landslide because of any combination of bedrock, soil, slope
(gradient), slope aspect, structure, hydrology, or other factors, as follows:
(a) Areas of historic failures, such as:
(i) Areas delineated by United States Department of Agriculture, Natural Resources
Conservation Service as having a significant limitation for building site development;
(ii) Coastal areas mapped by the Washington Department of Ecology Coastal Atlas as
unstable, unstable old slides, and unstable recent slides; or
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(iii) Areas designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or
landslide hazards by the Washington Department of Natural Resources or the United
States Geological Survey.
(iv) Composite layer produced from the SCS Soils source coverage for soils types in
Eastern Jefferson County, the Department of Ecology Coastal Zone Atlas of Jefferson
County, and a review of topographic contours indicating steep slopes. This composite
layer does not give detailed attributes, but it does give an attribute with a rating factor
which is a weighted probable problem rating based on severity of slope.
(b) Areas where all three of the following conditions occur:
(i) Slopes are steeper than 15 percent;
(ii) Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
(iii) Spring or groundwater seepage.
(c) Areas that have shown movement during the Holocene epoch (from 10,000 years ago to
present) or have been underlain or covered by mass wastage debris of this epoch.
(d) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding
planes, joint systems, and fault planes) in subsurface materials.
(e) Areas with slopes having gradients steeper than 80 percent subject to rockfall during
seismic shaking.
(f) Areas that are potentially unstable as a result of rapid stream incision, stream bank
erosion, and undercutting by wave action, including stream channel migration zones.
(g) Areas that show evidence of, or are at risk from, snow avalanches.
(h) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or catastrophic flooding.
(i) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet,
except areas composed of bedrock.
(3) Seismic hazard areas (as defined in JCC 18.10.190). Seismic areas are areas subject to
damage as a result of earthquake earthquake-induced ground shaking, slope failure,
settlement, soil liquefaction, debris flows, lahars, and tsunamis.
18.22.520 Applicability.
(1) Any development, land disturbing activity or use within a geologically hazardous area or its
associated buffer shall be subject to the provisions of this article, unless specially exempted in
JCC 18.22.230.
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18.22.530 Protection standards.
Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential, or
industrial development consistent with public health or safety concerns.
(1) General Standards for Erosion Hazard and All Landslide Hazard (slight, moderate and high)
(a) Clearing, Grading and Vegetation Removal.
(i) Within landslide hazard areas only minor pruning of vegetation for view
enhancement may be allowed through consultation with the department. The
thinning of limbs on individual trees is preferred to topping of trees for view
corridors. Total buffer thinning shall not exceed 25 percent and no more than 30
percent of the live tree crowns shall be removed.
(ii) Vegetation shall not be removed from a landslide hazard area, except for
hazardous trees based on review by a certified arborist or as otherwise provided
for in a vegetation management and restoration plan as determined by DCD.
(iii) Development, land use activities or uses shall not be allowed in landslide
hazard areas or their associated buffers unless a geotechnical report or engineered
stormwater plan (special report) demonstrates that building within a landslide
hazard area will provide protection commensurate to being located outside the
landslide hazard area and meets the requirements of this section. This may include
proposed mitigation measures.
(iv) Seasonal Restrictions. Clearing and grading shall be limited to the period
between May 1st and October 1st, unless the applicant provides an erosion and
sedimentation control plan prepared by a professional engineer licensed in the
state of Washington that specifically and realistically identifies methods of
erosion control for wet weather conditions.
(v) Only the clearing necessary to install temporary erosion control measures will
be allowed prior to clearing for roads and utilities construction.
(vi) The faces of cut and fill slopes shall be protected to prevent erosion as
required by the engineered erosion and sedimentation control plan.
(vii) Clearing for roads and utilities shall be the minimum necessary and shall
remain within marked construction limits.
(viii) Clearing for overhead power lines shall be the minimum necessary for
construction and will provide the required minimum clearances for the serving
utility corridor.
(b) Existing Logging Roads. Where existing logging roads occur in geologically
hazardous areas, a geological assessment may be required prior to use as a temporary
haul road or permanent access road under a conversion or conversion option harvest plan
pursuant to JCC 18.20.160.
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(c) The department may also require:
(i) Clustering of development to increase protection to geologically hazardous
areas; or
(ii) Enhancement of buffer vegetation to increase protection to geologically
hazardous areas.
(d) The provisions in this section are in addition to those required in JCC 18.30.060,
Grading and excavation standards, and JCC 18.30.070, Stormwater management
standards.
(e) If there is a conflict between applicable published standards, the more restrictive
protection requirement applies.
(f) Drainage and Erosion Control.
(i) An applicant for development shall also submit, and have approved, a
stormwater site plan that meets all the requirements of JCC 18.30.070(4)(e), when
the project application involves either of the following:
(A) The alteration of a high or moderately high geologically hazardous
area or its associated buffer; or
(B) The creation of a new parcel within a high or moderately high
geologically hazardous area; and
(ii) Shall discuss, evaluate, and recommend methods to minimize sedimentation
of adjacent properties during and after construction.
(iii) Surface drainage shall not be directed across the face of a marine bluff that is
mapped as high or moderate erodible or susceptible to landslide or debris flow.
The applicant shall demonstrate that the stormwater discharge cannot be
accommodated on site or upland by evidence presented in a geological assessment
as required by JCC 18.22.945, unless waived by the administrator. If drainage
shall be discharged from a bluff to adjacent waters, it shall be collected above the
face of the bluff and directed to the water by tight line drain and provided with an
energy dissipating device at the shoreline, above ordinary high water mark
(OHWM).
(iv) The applicant shall clearly demonstrate in the geological assessment that
stormwater quantity, quality, and flow path post-construction will be comparable
to pre-construction conditions.
(v) Stormwater conveyance through a properly designed stormwater pipe when no
other stormwater conveyance alternative is available. The pipe shall be located
above ground and be properly anchored or designed so that it will continue to
function in the event of a slope failure or movement of the underlying materials
and will not increase the risk or consequences of static or seismic slope instability
or result in increased risk of mass wasting activity.
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(g) Vegetation Retention. All of the following provisions regarding vegetation retention
shall apply:
(i) During clearing for roadways and utilities, all trees and understory vegetation
lying outside of approved construction limits shall be retained to the maximum
extent practicable;
(ii) Clearing limits, as shown on the approved site plan, shall be marked by orange
construction barrier fencing to be installed prior to beginning any land disturbing
activities, including but not limited to clearing and grading;
(iii) Vegetation within identified clearing limits may be removed upon permit
issuance. All vegetation within the high or moderate geologically hazardous area
or its associated buffer, but outside the marked clearing limits, shall be retained.
Cleared vegetation shall not be placed within a high or moderate geologically
hazardous area unless it is used as part of a mitigation plan consistent with other
critical area mitigation provisions, is reviewed by the geotechnical professional,
and is approved by the administrator; and,
(iv) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation
removal outside of a high risk CMZ shall not be reviewed under this article.
Should this provision conflict with other vegetation retention requirements
specified elsewhere within this title, the more restrictive protection requirement
applies.
(2) Landslide hazard protection standards for moderate and high hazard.
(a) Top of Slope Building Setback. All development activities or actions that require project
permits or clearing in erosion and landslide hazard areas shall provide native vegetation from
the toe of the slope to 25 feet beyond the top of slope, with an additional minimum 15-foot
building and impervious surface setback, unless otherwise allowed through a geologic
assessment. The minimum setback from the top of the slope shall be as follows:
(i) For high landslide hazard areas, the setback shall be equal to the height of the slope
(1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or 25
feet.
(ii) For moderate landslide hazard areas, the setback shall be 40 feet from the top of
slope.
(b) Building setback from toe of slope. The setback shall be equal to half the height of the
slope (1:1 horizontal to vertical) plus 15 feet (per IBC 1808.7).
(c) Larger native vegetation width may be required. The department may require a larger
native vegetation width than the standard buffer distance as determined above if any of the
following are identified through the geological assessment process:
(i) The adjacent land is susceptible to severe erosion and erosion control measures will
not effectively prevent adverse impacts;
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(ii) The area has a severe risk of slope failure or downslope stormwater drainage impacts;
or
(iii) The minimum native vegetation width or building setback requirement may be
decreased if a geotechnical report demonstrates that a lesser distance, through design and
engineering solutions, will adequately protect both the proposed development and the
erosion or landslide hazard area. The department may decrease the setback when such a
setback would result in a greater than 1:1 slope setback.
(d) Reducing buffer widths. The administrator may reduce geologically hazardous area
buffers as follows:
(i) Buffers may be reduced with a geotechnical report prepared by a geotechnical
professional with a state stamp; provided, the geotechnical report identifies
recommendations for preventing or minimizing risks post-development. The geotechnical
report should at a minimum include the setback of structures from the landslide hazard
area, the limits to removal of natural vegetation, the location of septic system and other
utilities, limits to the timing of land disturbing activity and construction, and the location
and method of stormwater management unless waived by the administrator.
(ii) The administrator may require a third-party review based on JCC 18.22.930 or the
applicant enters into an indemnity and hold harmless agreement with the County that is
approved by the County’s risk manager and the prosecuting attorney. If the administrator
requires a third-party review of the geotechnical report, the administrator shall be
responsible for identifying and transmitting the geotechnical report to the third-party
reviewer.
(e) Increasing buffer widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a geologically
hazardous area and to reduce risks to public safety and welfare. Information that may be
used to support this determination, includes but is not limited to:
(i) The landslide area is unstable and active;
(ii) The adjacent land is susceptible to severe landslide or erosion, and erosion control
measures will not effectively protect the proposed project from the risks posed by the
landslide hazard area; and
(iii) The adjacent land has minimal vegetative cover.
(f) with the exception of engineered tight-lines for stormwater, new utility lines are allowed
within a landslide hazard or its associated buffer through a critical area variance under JCC
18.22.250. Utility lines and pipes that are above ground, properly anchored or designed so
that they will continue to function in the event of a slope failure or movement of the
underlying materials and will not increase the risk or consequences of static or seismic slope
instability or result in a risk of mass wasting. Such utility lines may be permitted only when
the applicant demonstrates that no other feasible alternative is available to serve the affected
population. This would include finding and recommendations in the geotechnical report that
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the proposed development will not impact the slope stability of the slope of the surrounding
area.
(g) New access roads are allowed within a landslide hazard or its associated buffer through a
variance. Access roads and trails that are engineered and built to standards that minimize the
need for major repair or reconstruction beyond that which would be required in
nonhazardous areas. Access roads and trails may be permitted only if the applicant
demonstrates that no other feasible alternative exists, including through the provisions of
chapter 8.24 RCW. If such access through critical areas is granted, exceptions or deviations
from technical standards for width or other dimensions and specific construction standards to
minimize impacts, including drainage and drainage maintenance plans, may be required.
(3) Seismic hazard areas protection standards.
(a) The placement of buildings or structures meet the requirements of title 15 JCC.
(b) Critical facility necessary to protect public health, safety and welfare shall be allowed
only when there are no feasible alternative locations, and geotechnical analysis and design
are provided that minimize potential damage to these facilities from earthquakes. This
includes, but not limited to, schools, hospitals, police stations, fire departments and other
emergency response facilities, nursing homes, and hazardous material storage or production.
(c) Public roads, bridges, utilities, and public facilities shall be allowed when there are no
feasible alternative locations, and geotechnical analysis and design are provided that
minimize potential damage to roadway, bridge, and utility structures, will not be susceptible
to damage from seismically induced ground deformation. Mitigation measures shall be
designed in accordance with the most recent version of the American Association of State
Highway and Transportation Officials (AASHTO) Manual or another appropriate document.
Tsunami hazard areas protection standards.
(a) Public roads, bridges, utilities, and public facilities shall be allowed when there are no
feasible alternative locations, and geotechnical analysis and design are provided that
minimize potential damage to roadway, bridge, and utility structures, and public facilities
will not be susceptible to damage from inundation.
(b) For development within tsunami hazard areas the proposed development shall be
designed to provide protection from the tsunami hazard that meets the projected hazard
on the Washington Department of Natural Resources Tsunami Inundation Maps.
(c) For other low-lying coastal areas not included on the inundation maps, development shall
be designed to provide protection for debris impact and an inundation as determined by
current Washington Department of Natural Resource modeling, unless other measures
can be shown to provide equal or greater protection. [Ord. 5-20 § 2 (Appx. A)]
Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600 Purpose.
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The purpose of this article is to:
(1) Protect, restore, and maintain native fish and wildlife populations by protecting and
conserving fish and wildlife habitat and protecting the ecological processes, functions and
values, and biodiversity that sustain these resources.
(2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams
and their associated riparian areas, corridors for state or federally listed species and the
ecosystem processes on which these areas depend.
(3) Regulate development so that isolated populations of species are not created and habitat
degradation and fragmentation are minimized.
(4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife
habitat and ensure no net loss of such important habitats, including net losses through cumulative
impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.610 Classification and designation.
FWHCAs may include, but are not limited to, rare or vulnerable ecological systems,
communities, habitat or habitat elements including seasonal ranges, breeding habitat, winter
range, and movement corridors; and, areas with high relative population density or species
richness. FWHCAs does not include such artificial features or structures as irrigation delivery
systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the
boundaries of, and are maintained by, a port district or an irrigation district or company.
(1) The following are designated as FWHCAs:
(a) Areas where federally listed species (endangered and threatened) and state-listed species
(endangered, threatened, and sensitive species) have a primary association;
(b) Rivers and streams not otherwise addressed under Washington State Forest Practices
regulations (chapter 76.09 RCW and title 222 WAC);
(c) Commercial and recreational shellfish areas;
(d) Kelp and eelgrass beds;
(e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas;
(f) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that
provide fish and wildlife habitat;
(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal
entity;
(h) State natural area preserves, natural resource conservation areas, and state wildlife areas;
and
(i) Species and habitats of local importance designated pursuant to the process delineated in
Article IX (Special Reports) of this chapter.
Commented [JH8]: We do not have irrigation districts and companies in Jefferson County, but we do have two drainage
districts that maintain artificial drainageways.
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(2) Designated FWHCAs and their associated buffers that are within shoreline jurisdiction are
regulated under the shoreline master program in chapter 18.25 JCC, and in circumstances where
this chapter conflicts with the shoreline master program, the provisions of the shoreline master
program shall prevail.
(3) Sources for Identification. The following sources should be used to identify potential
FWHCA locations. These maps are informational only and site evaluations by a qualified
professional (i.e. DNR, WDFW, Ecology, Tribes, etc.) or wildlife biologist shall be used to
determine compliance with this article. Sources include, but are not limited to:
(a) Jefferson County Critical Areas Mapping;
(b) Washington State Department water type maps
(c) Washington State Department of Fish and Wildlife, Priority Habitats and Species maps
and lists;
(d) Washington State Department of Fish and Wildlife, forage fish spawning maps;
(e) Washington State Department of Ecology, Coastal Atlas online mapping;
(f) United States Department of the Interior, Fish and Wildlife Service, Information for
Planning and Consultation;
(g) United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service Species and Habitat App; and,
(h) Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish
Distribution map.
18.22.620 Applicability.
(1) Any development, land disturbing activity or use in a FWHCA or its associated buffer shall
be subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.630 Protection standards.
(1) General. An application for land disturbance, development or use on a parcel of real property
containing a designated FWHCA or its associated buffer shall adhere to the all of the
requirements set forth below.
(2) Types of special reports for FWHCA. When a development, use, or activity is proposed on
lands which may contain a FWHCA or its associated buffer, an on-site habitat evaluation may be
required to determine if a FWHCA or its associated buffers occur in the project area. When
required by this section, an applicant shall submit a report documenting the results of an on-site
habitat evaluation conducted by a qualified professional or wildlife biologist pursuant to the
special report requirements found in Article IX (Special Reports) of this chapter for review and
approval by the county. Based on the results of the on-site evaluation, a special report shall be
prepared by a qualified professional or wildlife biologist and shall be one of the following:
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(a) Habitat reconnaissance letter. This type of report shall be used if the field evaluation
determines that no regulated FWHCA or buffer is present in the proposed project area,
which includes those areas that may be temporarily affected by construction-related
activities or would be within the limits of clearing for construction. Habitat reconnaissance
letters shall be prepared by a qualified professional or wildlife biologist based on
requirements presented in Article IX (Special Reports) of this chapter;
(b) Habitat management plan. This type of report shall be used if the field evaluation
determines that any portion of the development occurs within a regulated FWHCA or buffer,
which includes those areas that may be temporarily affected by construction-related
activities or would be within the limits of clearing for construction. Habitat management
plans shall be prepared by a wildlife biologist based on report requirements in Article IX
(Special Reports) of this chapter;
(c) Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer
may be prepared by a qualified individual, agency, or wildlife biologist. The plan shall be
reviewed and approved by DCD;
(d) Dive survey. If the proposed use, development, or activity occurs in marine water, a dive
survey shall be required to determine if any FWHCA is present in the project area and if any
FWHCA has the potential to be affected by the proposal. The results of the survey shall be
described in a special report and supported by photos taken underwater; or
(e) Use of best available information. If the potential FWHCA is located off of the property
involved is inaccessible, the best available information shall be used to determine the
FWHCA boundary and any buffer.
(3) Vegetation retention required within a buffer. Compliance with all of the following
regarding vegetation retention is required:
(a) Vegetation within a FHWCA or its associated buffer shall be retained to the extent
practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA
or an associated buffer shall be approved by DCD;
(b) Altering the habitat conditions of a FWHCA or its associated buffers without prior
approval by DCD is prohibited;
(c) All trees and understory vegetation lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during maintenance clearing of rights-
of-way for roadways and utilities; provided, understory vegetation damaged during approved
clearing operations may be pruned; and
(d) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(4) Buffer marking. To ensure that buffers are not impacted by adjacent new development or new
land disturbing activity and to provide notice of the location of buffers, DCD may require any of
the following:
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(a) Showing the location of the critical area and buffer on all approved site plans adjacent to
development or land disturbing activity;
(b) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is
intended to ensure that development or land disturbing activity does not encroach upon
buffers;
(c) Posting signs along the buffer edge adjacent to the development or land disturbing
activity for commercial, industrial development or uses, or for development or uses on public
lands. This is intended to ensure that the public knows the location of the buffers.
(d) Record a notice to title on the property with the Jefferson County Auditor prior to
approval of the application, if the location of the critical area or its associated buffer is not
identified in the development application or on the County’s GIS mapping system. This is
intended to disclose to future buyers the existence of critical areas and their associated
buffers.
(5) Buffers – standard requirements. The administrator shall have the authority to require buffers
from the edges of all FWHCAs in accordance with this chapter based on all of the following
requirements:
(a) General buffers generally.
(i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect
the integrity, functions, and values of the resource, consistent with the requirements in
Tables 18.22.630(1) and 18.22.630(2) of this section.
(ii) A building setback line of five feet is required from the edge of any buffer area;
however, nonstructural improvements such as septic drain fields may be located within
setback areas.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of
vegetation to enhance views or provide access may be permitted as long as the function
and character of the buffer are not diminished.
(iv) Lighting shall be directed away from the FWHCA.
(b) Standard buffers for FWHCAs.
(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the FWHCA functions and values at the time of the proposed activity.
When a buffer lacks adequate vegetation to protect critical area functions, the
administrator may require additional documentation before allowing a proposal for
buffer reduction or buffer averaging.
(ii) The standard buffer shall be measured landward horizontally from the ordinary high-
water mark (OHWM) or from the edge of the FWHCA as identified in the field. The
following standard buffer width requirements are established for streams; provided,
portions of streams that flow underground may be exempt from these buffer standards at
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the administrator’s discretion when it can be demonstrated that no adverse effects on
aquatic species will occur.
Table 18.22.630(1): Required Buffer Widths for Stream Types*
Stream Type Buffer Width (feet)
Type “S” – Shoreline Streams 150
Type “F” – Fish Habitat Streams • Urban Growth Areas:
150
• LAMIRDs: 150
• Other County Areas:
200
Type “Np”–
Streams
Non-Fish Habitat Perennial 100
Type “Ns”
Streams
– Non-Fish Habitat Seasonal
*Note:
(a) The buffers above shall apply to culverted streams.
(b) The buffers above shall not apply to lawfully established piped streams.
The burden of proof is on the applicant to show that the pipe was lawfully
established; failure to demonstrate compliance with this requirement shall
result in buffers being required.
(c) Stream type shall be determined using the criteria in WAC 222-16-030,
or as amended.
(iii) Buffers for non-stream FWHCAs. The administrator shall determine appropriate
buffer widths for non-stream FWHCAs based on the best available information. Buffer
widths for non-stream FWHCAs shall be as follows in Table 18.22.630(2):
Table 18.22.630(2): Required Buffers for Other FWHCAs Types
FWHCA Type Buffer Requirement
Areas where federally listed (endangered
and threatened) species or state-listed
(endangered, threatened, and sensitive)
species have a primary association
Buffers shall be 150 feet from the edge of
the FWHCA; provided, local and site-
specific factors shall be taken into
consideration and the buffer width based on
the best available information concerning the
species and habitat(s) in question or the
opinions and recommendations of a qualified
professional or wildlife biologist with
appropriate expertise.
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FWHCA Type Buffer Requirement
Commercial and Recreational Shellfish
Areas
Buffers shall extend 150 feet landward from
OHWM of the marine shore.
Kelp and Eelgrass Beds Buffers apply to areas where native kelp and
eelgrass species occur only, and buffers shall
extend 22 feet from each patch. There is no
buffer for nonnative kelp and eelgrass beds.
Surf Smelt, Pacific Herring, and Pacific
Sand Lance Spawning Areas
Buffers shall extend 150 feet landward from
OHWM of the marine shore.
Non-Shoreline Natural Ponds and Lakes
(Under 20 Acres) (along with any
submerged aquatic beds serving as fish or
wildlife habitat)
• Lakes and ponds that have a direct
surface connection to a fish-habitat
stream segment: 200 feet from the
OHWM;
• Lakes and ponds that have only a direct
surface connection to a non-fish-habitat
stream segment: 100 feet from the
OHWM;
• Other lakes and ponds: 50 feet from the
OHWM.
Shoreline Natural Ponds and Lakes (20
Acres and Larger) (along with any
submerged aquatic beds serving as fish or
wildlife habitat)
Buffers shall extend 100 feet from the
OHWM; provided, where wetlands are
associated with the shoreline, the buffer
requirements shall also apply.
Natural Area Preserves Natural Resource
Conservation Areas
Buffers shall not be required adjacent to
these areas. These areas are assumed to
encompass the land required for species
preservation.
Designated Habitats of Local Importance The need for and dimensions of buffers for
other locally important species or habitats
shall be determined on a case-by-case basis.
[Ord. 5-20 § 2 (Appx. A)]
(6) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffers in a FWHCA area up to
25 percent when all of the following criteria are met:
(i) The specific standards for mitigation sequencing in JCC 18.22.640 have been
applied during the siting and design of the proposed project. To the extent
practicable, that may include consideration of all of the following avoidance and
minimization measures:
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(A) Trees and other existing native vegetation are avoided, and alterations
are placed on existing road grades, utility corridors, or other developed
lands if present; or
(B) The buffer is increased adjacent to the higher-functioning area or more-
sensitive portion of the buffer or FWHCA and decreased adjacent to the
lower functioning or less-sensitive portion; and
(ii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iii) The development is designed to separate and screen impacts such as noise,
glare, vegetation trampling, etc. of adjacent land uses from the critical area. The
site design shall consider the varying degrees of impacts of different land uses.
For example, parking lots, store entrances, and roads generally have higher noise
and glare impacts than the rear of the store. Site screening should take advantage
of natural topography or existing vegetation, wherever possible. Where natural
screening is not available, berms, landscaping, and structural screens should be
implemented (e.g., orient buildings to screen parking lots and store entrances from
critical area). Landscaping shall be consistent with JCC 18.30.130; and
(ii) The total area contained in the buffer after averaging is no less than that which would
be contained within the standard buffer area and all increases in buffer dimension are
parallel to the FWHCA;
(iii) The buffer averaging does not reduce the functions or values of the FWHCA or
riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement,
increases the habitat function;
(iv) The buffer averaging is necessary due to site constraints caused by existing physical
characteristics such as slope, soils, vegetation, or existing legally permitted development;
(v) The slopes adjacent to the FWHCA within the buffer area are stable;
(vi) Buffer averaging of reduced buffers shall not be allowed; and
(vii) The modified buffer shall meet the well vegetated buffer standard, which is
comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or
proposed enhanced condition at maturity. This shall also include the removal of invasive
non-native plants (e.g., Himalayan blackberry) or noxious weeds and replacement with
native vegetation. An enhancement plan or habitat management plan shall be required to
achieve this standard. These plans shall include a 5-year monitoring plan to ensure that
standards are met.
(b) The administrator shall have the authority to average buffers in a FWHCA area up to 50
percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall
contain at least 80 percent aerial cover of native trees and shrubs in its existing or
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proposed enhanced condition at maturity. This shall also include the removal of invasive
non-native plants (e.g., Himalayan blackberry) or noxious weeds and replacement with
native vegetation. An enhancement plan or habitat management plan shall be required to
achieve this standard. These plans shall include a 5-year monitoring plan to ensure that
standards are met;
(iii) Allows for the natural movement of a stream within its floodplain or channel
migration zone;
(iv) Separates development from potential flooding impacts;
(v) Limits visual, auditory, and direct intrusion between critical areas and developed
environments;
(vi) Protects important wildlife habitat components for species dependent or associated
with wetland, marine, and riverine environments;
(vii) Protects wildlife movement; and
(viii) Does not significantly impact erosion and landslide hazard areas adjacent to the
critical area.
(7) When buffer reduction may be allowed.
The administrator has the authority to reduce standard buffer widths outlined in Table
18.22.630(1) and Table 18.22.630(2) at the location of a proposed development on a case-by-
case basis up to 25 percent. The decision to reduce standard buffer widths of up to 25 percent
shall be processed as a Type I land use decision under JCC 18.40.040.
Table 18.22.630(3): Reduced Buffers for FWHCAs
FWHCA Type Reduced Buffer Width (feet)
Type “F” – Fish Habitat Streams Other County Areas: 150 feet.
Type “Np”– Non-Fish Habitat Perennial Streams
75 feet. Type “Ns” – Non-Fish Habitat Seasonal Streams
Non-Shoreline Natural Ponds and Lakes (Under 20
Acres) (along with any submerged aquatic beds
serving as fish or wildlife habitat)
Lakes and ponds that have a
direct surface connection to a
fish-habitat stream segment: 150
feet; Lakes and ponds that have only a
direct surface connection to a
non-fish-habitat stream segment:
75 feet.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Applicants for a reduced buffer shall demonstrate in a habitat management plan to the
satisfaction of the administrator that all of the following criteria are met:
(a) Buffer averaging is not feasible;
(b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied
during the siting and design of the proposed development, which may include consideration
of all or the following avoidance and minimization measures:
(i) Trees and other existing native vegetation are avoided, and alterations are placed
on existing road grades, utility corridors, or other developed lands if present;
(ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of
the buffer or FWHCA;
(iii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iv) The development is designed to separate and screen impacts such as noise, glare,
vegetation trampling, etc. of adjacent land uses from the critical area. The site design
shall consider the varying degrees of impacts of different land uses. For example,
parking lots, store entrances, and roads generally have higher noise and glare impacts
than the rear of the store. Site screening should take advantage of natural topography
or existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient
buildings to screen parking lots and store entrances from critical area). Landscaping
shall be consistent with JCC 18.30.130;
(c) The buffer reduction shall not adversely affect the habitat functions and values of the
adjacent FWHCA or other critical area;
(d) The buffer shall not be reduced to less than 75 percent of the standard buffer;
(e) The slopes adjacent to the FWHCA within the buffer area are stable;
(f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains
or will mature into a dense, multi-storied, diverse native vegetation community that provides
riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer
contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed
enhanced condition at maturity. This shall also include the removal of invasive non-native
plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native
vegetation. Based on the condition of the buffer the administrator may require an
enhancement plan or habitat management plan to achieve the fully vegetated standard in its
existing or proposed enhanced condition at maturity. These plans shall include a 5-year
monitoring plan to ensure that standards are met; and
(g) For overwater development or uses, a reduction of the buffers shall be based on the
review of reports, established criteria or through consultation with federal and state agencies.
(8) Buffer reduction process and criteria
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Buffer Averaging Permit Process
Up to 25% Type I per Section 18.22.630(6)(a) JCC
Up to 50% Type II per Section 18.22.630(6)(b) JCC
*
*
Variances1
Buffer Reduction2 Permit Process
Up to 25% Administrative Type I Variance 18.22.630(7) JCC
Over 25%to 75% Type III Critical Area Variance JCC 18.22.250
Over 75% Type III Reasonable Use Exception JCC 18.22.260
Footnote
1. A Critical area stewardship plan (CASP) meeting the provisions of 18.22.965 may be
utilized instead of critical area variances or Reasonable Use Exception
2. Buffer reduction not allowed if buffer averaging is feasible.
(9) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a FWHCA. Supporting
documents that may be used to support this determination include but are not limited to:
(a) The FWHCA is used by, or has habitat features that could be used by, state or federally
listed threatened or endangered species;
(b) The FWHCA serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the FWHCA is susceptible to erosion or landslide; or
(d) The area adjacent to the FWHCA has minimal deep rooting, native vegetation or the
slopes are greater than 30 percent.
(10) Voluntary Restoration. FWHCAs and their associated buffers that have been previously
altered such that the functions, values, and natural processes have been diminished are
encouraged to be restored to conditions that existed prior to the alteration.
Voluntary restoration requires the submission of an enhancement plan or habitat management
plan to DCD for review and approval prior to issuance of a County permit to restore a FWHCA
or its associated buffer.
DCD shall provide information or technical expertise, where possible, in facilitating restoration
of a FWHCA or its associated buffer to previously existing conditions. This could include, but is
not limited to, referring interested property owners to restoration information, efforts, and funds.
(11) Stream Crossings. Stream crossing may be located in permitted buffers only when no
practicable or reasonable alternative location is available Any private or public road expansion or
construction which is proposed and shall cross streams classified within this article shall comply
with all of the following minimum development standards:
Commented [JH9]: Does this mean all the riparian and
habitat restoration projects that the conservation district assists with need to be reviewed and approved by DCD and
have to be permitted?
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(a) There are no practicable or reasonable alternative locations is available;
(b) A habitat management plan and site plan shall be submitted that show the impacts to
the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately
restored, and the enhanced with through the establishment of native vegetation;
(c) The design of stream crossings shall meet the requirements of the Washington State
Department of Fish and Wildlife. Fish passage shall be provided if necessary to address
manmade obstructions on site. Other alternatives may be allowed upon a showing that,
for the site under review, the alternatives would be less disruptive to the habitat or that
the necessary building foundations were not feasible;
(d) Crossings shall not occur in salmonid spawning areas unless no other reasonable
crossing site exists;
(e) Bridge piers or abutments may be allowed either within the floodway or between the
ordinary high water marks, provided no other reasonable alternative placement exists;
(f) Crossings shall serve multiple properties whenever possible; and,
(g) Where there is no reasonable alternative to providing a culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity.
(12) Utilities. Utilities including sewer lines, on-site sewage systems and stormwater facilities
(serving one parcel, development or legal lot of record) may be permitted in critical area buffers
only when no practicable or reasonable alternative location is available.
Placement of utilities within FWHCA may be allowed pursuant to all of the following
requirements:
(a) A habitat management plan or enhancement plan and site plan shall be submitted that
show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas
shall be immediately restored, and the enhanced with through the establishment of native
vegetation;
(b) Construction of utilities may be permitted in FWHCAs when no practicable or
reasonable alternative location is available and the utility corridor does not cause or
increase habitat fragmentation for state or federally listed species and meets the
requirements for installation, replacement of vegetation and maintenance outlined below.
Utilities are encouraged to follow existing or permitted roads where possible;
(c) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA
buffers when it can be demonstrated that it is necessary to meet state or local health code
requirements, that there are no other practicable alternatives available, and construction
meets the requirements of this article. Joint use of the sewer utility corridor by other
utilities may be allowed;
(d) New utility corridors shall not be allowed in FWHCAs with known locations of
federal- or state-listed endangered, threatened, or sensitive species, except in those
circumstances where an approved habitat management plan is in place;
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(e) In addition to meeting the utilities standards a above, new utility corridors (serving
more than one property) proposed within fish and wildlife habitat conservation areas or
their associated buffers shall require a critical area variance under JCC18.22.250;
(f) Utility corridor construction and maintenance shall protect the environment of
FWHCAs as follows:
(i) New utility corridors shall be aligned when possible, to avoid cutting trees greater
than 12 inches in diameter at breast height (four and one-half feet) measured on the
uphill side; and,
(ii) New utility corridors shall be revegetated with appropriate native vegetation at not
less than preconstruction vegetation densities or greater, immediately upon
completion of construction or as soon thereafter as possible due to seasonal growing
constraints. The utility shall ensure that such vegetation survives for a three-year
period; and,
(g) Utility towers should be painted with brush, pad or roller and should not be
sandblasted or spray-painted, nor shall lead-based paints be used; and,
(h) Utilities should follow best management practices for avian protection.
(13) Bank Stabilization. Bank stabilization within designated fish and wildlife habitat areas may
be allowed pursuant to all of the following criteria:
(a) No practicable or reasonable alternative location is available;
(b) A habitat management plan and site plan shall be submitted that show the impacts to
the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately
restored, and the enhanced with through the establishment of native vegetation;
(c) A stream channel and bank, bluff, and shoreline may be stabilized when naturally
occurring earth movement threatens existing legal structures, public improvements,
unique natural resources, public health, safety or welfare, or the only feasible access to
property, and, in the case of streams, when such stabilization results in maintenance of
fish habitat or improved water quality, as demonstrated through a habitat management
plan or equivalent study or assessment; and,
(c) Bluff, bank and shoreline stabilization shall follow the standards of chapter 18.25 JCC
(Shoreline Master Program), geologically hazardous areas provision in this chapter, and
chapter 15.15 JCC (Flood Damage Prevention.
(14) Road and Street Expansion. The expansion of a legally established private or public roads
may be allowed in a FWHCA or its associated buffer; provided it complies with the all of
following minimum criteria:
(a) No other reasonable or practicable alternative exists and the proposed road or street
serves multiple properties whenever possible;
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(b) A habitat management plan or enhancement plan shall be submitted with a site plan
addressing the impacts to the FWHCA and its associated buffer are minimized, that any
disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation;
(c) Public and private roads are encouraged to provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d) The road or street construction is the minimum necessary, as required by the
department of public works’ guidelines, where minimum necessary provisions may
include projected level of service requirements.
(15) New public or private roads. In addition to meeting the requirements for road and street
expansion in subsection 14 of this section, the establishment of a new public or private road is
subject to the requirement of a variance under JCC 18.22.250.
(16) Outdoor Recreation, Education, and Trails Construction. Improvements that do not
significantly affect the function of the FWHCA or its associated buffer (including viewing
structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be
permitted in a FWHCA and its associated buffer provided they comply with all of the following
minimum criteria:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan
addressing the impacts to the FWHCA and its buffer are minimized, that any disturbed
areas shall be immediately restored, and the enhanced with through the establishment of
native vegetation;(b) Trails and other facilities shall, to the extent feasible, shall be placed
on existing road grades, utility corridors, or other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs,
snags, and important wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be
designed and located to minimize impacts to wildlife, fish, or their habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the
buffer provided that they do not exceed three feet in width and are designed to minimize
the impact to wetlands and their associated buffers. Trails serving multiple parcels or
subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed
with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;
(f) The size, configuration and surfacing of regional and public trails within a buffer shall
be determined through a Type II Variance. Regional trails shall be limited to a maximum
of 12-foot-wide paved surface 6-foot-wide gravel shoulders for non-motorized public
access. This shall also include the submission of a mitigation plan prepared by wetlands
specialist addressing the impacts to the FWHCA and its buffer are minimized, so that any
disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation.
(17) Stream Relocation.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(i) In addition to the submission of a habitat management plan, the relocation of streams,
or portions of streams requires a variance under JCC18.22.250.
(ii) Relocation of a stream may be allowed when there is no other feasible alternative and
when the relocation will result in equal or better habitat and water quality and quantity,
and will not diminish the flow capacity of the stream or other natural stream processes;
provided, the relocation meets state hydraulic project approval requirements and that
relocation of shoreline streams shall be prohibited unless the relocation has been
identified formally by the Washington State Department of Fish and Wildlife as essential
for fish and wildlife habitat enhancement or identified in watershed planning documents
prepared and adopted pursuant to chapter 90.82 RCW. [Ord. 5-20 § 2 (Appx. A)]
18.22.640 Impact Assessment and Mitigation.
The overall goal of mitigation shall be no net loss of functions, natural processes, value, and area
within a FWHCA or its associated buffer.
All unavoidable impacts to FWHCA require mitigation.
(1) FWHCA Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating
for adverse impacts to an FWHCA or buffers. When a proposed use or development activity
poses potentially significant adverse impacts to a FWHCA or buffer, the preferred sequence of
mitigation as defined below shall be followed unless the applicant demonstrates that an
overriding public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environment to the historical condition or the condition existing at the time of the initiation
of a project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
(f) Monitoring the required compensation and taking appropriate corrective measures when
necessary.
(2) Impact Assessment. All potential impacts to a FWHCA and its associated buffer shall be
identified and described in the habitat management plan. Impact assessments shall be made
based on requirements in Article IX (Special Reports).
(3) Mitigation – Minimum Requirements and Types of Mitigation.
(a) Minimum mitigation requirements are as follows:
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(i) Unavoidable impacts to a FWHCA area or buffer shall be mitigated with at least a 1:1
mitigation ratio. The administrator has the authority to require buffer mitigation at a
higher ratio if the area to be adversely affected consists of intact native habitat.
(ii) Unavoidable impacts to a FWHCA shall require mitigation that fully compensates
for all adverse effects to FWHCA functions, natural processes, and area.
(b) A FWHCA mitigation shall include the following options:
(i) On-Site Mitigation. The applicant may propose on-site mitigation if the mitigation
proposal compensates for the loss or degradation to existing habitat.
(ii) Off-Site Mitigation. The applicant may propose off-site mitigation if:
(A) On-site mitigation is not feasible, and the mitigation proposal compensates for the
loss or degradation of existing habitats and species; or
(B) Off-site mitigation occurs within a connected habitat of a similar nature to the
maximum extent practicable and provides better protection of the FWHCA or a
significant ecological and functional improvement to the FWHCA; and
(C) There is a willing owner that accepts the proposed mitigation; and
(D) A mitigation agreement or easement is recorded that specifies the individuals or
parties responsible for implementing, maintaining, and monitoring the mitigation
area.
(c) In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-
lieu fee program may be used to compensate for impacts or alterations to a FWHCA or a
buffer, if an established in-lieu fee program is available for the project area. Use of the in-
lieu fee program to address impacts to an FWHCA or buffers shall adhere to the in-lieu
mitigation requirements in JCC 18.22.740(4). [Ord. 5-20 § 2 (Appx. A)
Article VII. Wetlands
18.22.700 Purpose.
The purpose of this article is to:
(1) Recognize and protect the beneficial functions, values, and services performed by wetlands,
which include, but are not limited to, providing food, breeding, nesting or rearing habitat for fish
and wildlife; recharging and discharging groundwater; contributing to stream flow during low
flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce
flooding and erosion; and, improving water quality through biofiltration, adsorption, retention
and transformation of sediments, nutrients, and toxicants.
(2) Regulate land use to avoid adverse effects on wetlands and maintain the functions, values,
and natural processes of freshwater and estuarine wetlands throughout Jefferson County.
18.22.710 Classification and designation.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands may include those
artificial wetlands intentionally created from non-wetland areas to mitigate conversion of
wetlands.
Wetlands do not include those artificial wetlands intentionally created from non-wetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities, wastewater treatment facilities, constructed/excavated ponds for agricultural activities,
and landscape amenities, farmed wetlands, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway.
(1) Wetland Delineation. Wetlands shall be delineated in accordance with the requirements of
RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county
determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands
Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region
Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject
to the provisions of this article.
(2) Wetland Rating. Wetlands shall be rated based on categories that reflect the functions and
values of each wetland. Wetland categories shall be based on the criteria provided in the
Washington State Wetland Rating System for Western Washington, revised 2014, and as
amended thereafter, as determined using the appropriate rating forms and associated figures
contained in that publication. These categories are generally defined as follows:
(a) Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than
one acre; (ii) wetlands of high conservation value that are identified by scientists of the State
of Washington Natural Heritage Plan; (iii) bogs; (iv) mature and old-growth forested
wetlands larger than one acre; (v) wetlands in coastal lagoons; (vi) wetlands that perform
many functions well (scoring a total of 23 or more points). These wetlands: (i) represent
unique or rare wetland types; (ii) are more sensitive to disturbance than most wetlands; (iii)
are relatively undisturbed and contain ecological attributes that are impossible to replace
within a human lifetime; or (iv) provide a high level of functions.
(b) Category II. These wetlands are: (i) estuarine wetlands smaller than one acre or disturbed
estuarine wetlands larger than one acre or (ii) wetlands with a moderately high level of
functions (scoring between 20 and 22 points total).
(c) Category III. These wetlands are (i) those with moderate level of functions (scoring
between 16 and 19 points total) or (ii) those that can often be adequately replaced with a
well-planned mitigation project. Wetlands scoring between 16 and 19 points generally have
been disturbed in some ways and are often less diverse or more isolated from other natural
resources in the landscape than Category II wetlands.
(d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer
total points) and are often heavily disturbed. These wetlands likely could be replaced or
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
improved in some cases. Replacement cannot be guaranteed in any specific case. These
wetlands may provide some important functions, so they should be protected to some degree.
(3) Category IV wetlands that are non-federally regulated and not associated with a riparian area
and less than one-tenth acre (4,356 square feet) shall be exempt from the requirements of this
article when all of the following criteria are met:
(a) The wetland does not provide significant breeding habitat for native amphibian species.
Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-
stemmed emergent vegetation, and clean water;
(b) The wetland does not have unique characteristics that would be difficult to replace
through standard compensatory mitigation practices;
(c) The wetland is not located within a FWHCA as defined in Article VI of this chapter, and
is not integral to the maintenance of habitat functions of an FWHCA;
(d) The wetland is not located within a floodplain;
(e) The wetland is not within the jurisdiction of the county shoreline master program;
(f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the
guidance provided in the wetland rating system; and
(g) The wetland does not score six or more points for habitat functions (based on the 2014
version of the Washington State Department of Ecology Wetland Rating System, or as
amended by Washington State Department of Ecology).
In addition, mitigation in the form of enhancement or expansion of another part of the buffer
should be considered in order to offset any expansion of a nonconforming use or structure.
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise
altered. This exemption does not allow for unmitigated alteration of wetland area or functions.
Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require
mitigation.
(4) Sources for Identification. The following sources should be used to identify potential wetland
locations. These maps are informational only and site evaluations by a qualified professional or
wetlands specialist shall be used to determine compliance with this article. Sources include, but
are not limited to:
(a) Jefferson County Critical Areas Mapping;
(b) United States Department of the Interior, Fish and Wildlife Service, National Wetlands
Inventory;
(c) United States Department of Agriculture, Natural Resources Conservation Service (Soil
Conservation Service), Soil Survey for Jefferson County Areas, Washington;
(d) United States Department of Agriculture, Natural Resources Conservation Service,
Hydric Soils List; and
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(e) Washington State Department of Ecology, Coastal Atlas Map.
18.22.720 Applicability.
All development, land disturbing activities and uses in a wetland or its associated buffer shall be
subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.730 Protection standards.
(1) General. Application for a project or use on a parcel of real property containing a designated
wetland or its associated buffer shall adhere to the requirements set forth below.
(2) Types of Wetland Evaluations. An applicant shall submit, and have approved, a wetland
report prepared based on results of an on-site field investigation conducted by a qualified
professional or wetland specialist using wetland delineation manuals specified in
JCC18.22.710(1). The wetland report shall be completed based on the following:
(a) Wetland Reconnaissance. This type of wetland assessment does not require flagging of
wetland boundaries or completing a wetland rating form. It shall be used only if no regulated
wetland is present within 300 feet of the project area, which includes those areas that may be
temporarily affected by construction-related activities or would be within the limits of
construction. The wetland reconnaissance requires the wetland specialist to assess all areas
within 300 feet of any proposed project component.
(b) Wetland Delineation. This type of wetland assessment shall be used if any portion of the
proposed project is within 300 feet of a regulated wetland, including those areas that may be
temporarily affected by construction-related activities or are within the proposed limits of
clearing. The on-site wetland boundary shall be flagged in the field and flags shall be
numbered sequentially, and a wetland rating form shall be completed, as required by JCC
18.22.710(2) and (3), for each wetland identified. A wetland delineation report shall be
prepared by the wetland specialist based on report requirements presented in Article IX
(Special Reports) of this chapter.
(c) If the wetland is located off of the property involved in the project application and is
inaccessible, the best available information shall be used to determine the wetland boundary
and category.
(d) The requirement for a wetland evaluation may be waived by the administrator for
construction of a single-family residence on an existing legal lot of record if department staff,
qualified professional, or a wetlands specialist determines that:
(i) Sufficient information exists for staff to estimate the boundaries of a wetland without a
delineation; and,
(ii) The single-family residence and all accessory structures and uses are not proposed to
be located within the distances identified in Table 18.22.730(1)(a) from the estimated
wetland boundary. [Ord. 5-20 § 2 (Appx. A)]
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(3) Vegetation retention required within a wetland or its associated buffer. All of the following
provisions regarding vegetation retention shall apply:
(a) Vegetation within a wetland or its associated buffer shall be retained to the extent
practicable. Unless exempt under this chapter, vegetation removal or alteration of a wetland
or its associated buffer shall require review and approval by the department;
(b) Altering the habitat conditions of a wetland or its associated buffer without prior review
and approval by the department is prohibited;
(c) All trees and understory vegetation lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during maintenance clearing of rights-
of-way for roadways and utilities; provided, understory vegetation damaged during approved
clearing operations may be pruned; and
(d) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(4) Wetland Ratings to establish buffer requirements. Wetland ratings and categories shall be
prepared by a qualified professional or wetlands specialist, be based on the Washington State
Wetland Rating System for Western Washington (2014 version, or as amended), and be submitted
to the department for review and approval. Buffers for wetlands are based on wetland category,
habitat function score, and land use intensity as shown in Table 18.22.730(1)(a) or based on
special characteristics as shown in Table 18.22.730(1)(b).
(5) Buffer Marking. To ensure that buffers are not impacted by adjacent new development or
new land disturbing activity, DCD may require one or more of the following:
(a) The marking or flagging of the edge of the wetland or its associated buffer;
(b) Require a 5-foot building setback from the edge of any buffer area, except for
nonstructural improvements such as septic drain fields may be located within a setback;
(c) Showing the location of the critical area and its associated buffer on all approved site
plans adjacent to development or land disturbing activity proposed.
(d) Require permanent fencing, berms, barriers, or native vegetation plantings adjacent to
new development or new land disturbing activity to ensure that it does not encroach upon
buffers;
(e) Require that signs be posted along the buffer edge adjacent to the development, land
disturbing activity or use to ensure that the public knows the location of the buffers for:
(i) Permitted commercial or industrial development or uses; or,
(ii) Development, land disturbing activities or uses on public lands.
(f) Require a notice to title be recorded on the property by the permittee prior to the approval
being issued, if the location of the critical area or its associated buffer is not identified in the
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development permit or on the County’s GIS mapping system to disclose to future buyers the
existence of critical areas and their associated buffers.
(6) Buffers – Standard requirements for wetlands.
(a) The administrator shall have the authority to require buffers from the boundaries of all
wetlands as established by this article and in accordance with the following criteria.
(b) Buffers for wetlands shall be measured as a horizontal line perpendicular to the boundary
of the wetland.
(c) The standard buffer width for a wetland shall be determined based on the following:
(i) The wetland category shall be based on the total score and the habitat functions from
the wetland rating form and the land use intensity described in subsection (6)(c)
below.
Buffer widths for wetlands are shown in Table 18.22.730(1)(a); or
(ii) The wetland category is based on the special characteristics of the wetland from the
wetland rating form. The buffer widths for wetlands with special characteristics are
shown in Table 18.22.730(1)(b).
(c) Land use intensity for wetland ratings is based on the following:
(i) High land use intensity means development and uses that are commercial, industrial,
institutional, urban, high intensity new agriculture (dairies, nurseries, hard side
greenhouses, annual tilling), high intensity recreation (golf courses, ball fields), or hobby
farms. Residential development proposed on a parcel that is less than one acre in size.
(ii) Moderate land use intensity means development and uses that are open space parks,
moderate intensity new agriculture (orchards and hay fields, soft sided greenhouses), or
utility corridors within rights of way that are shared. Residential development on a parcel
one to five acres in size.
(iii) Low land use intensity means low impact development and uses such as unpaved
trails or passive recreation (when not exempt in section 18.22.230), regional trails with a
maximum of 12-foot-wide paved surface 6-foot-wide gravel shoulders for non-motorized
public access, public utility corridors not requiring a maintenance road or a vegetation
management plan, landscaping or lawns. Residential development on parcels over five
acres in size.
Table 18.22.730(1)(a). Standard Buffer Widths for Wetlands Based on Points
Land Use Intensity
Wetland
Category
Habitat
Function
Score
High Impact
Buffer Width
(feet)
Moderate Impact
Buffer Width
(feet)
Low Impact
Buffer Width
(feet)
Category I
Commented [JH10]: What is a “hobby farm” and why are
they considered high land use intensity?
Commented [JH11]: Where does pasture for beef cattle
fit?
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Land Use Intensity
Wetland
Category
Habitat
Function
Score
High Impact
Buffer Width
(feet)
Moderate Impact
Buffer Width
(feet)
Low Impact
Buffer Width
(feet)
Total score
is 23-27
points
8 – 9
6 – 7
<3 – 5
300
150
100
225
110
75
150
75
50
Category II
Total score
is 20-22
points
8 – 9
6 – 7
<3 – 5
300
150
100
225
110
75
150
75
50
Category III
Total score
is 16-19
points
8 – 9
6 – 7
<3 – 5
300
150
80
225
110
60
150
75
50
Category IV
Total score
is 15 points
or less
All 50 40 25
Table 18.22.730(1)(b). Standard Buffer Widths Based on Special Characteristics
Category I Buffer Width (feet)
Bog 250
Coastal Lagoon 200
Estuarine 200
Forested Based on Habitat Score
Wetland of High Conservation Value 250
Category II Buffer Width (feet)
Lagoon 150
Estuarine 150
(7) Land Use Intensity Impact Reductions: Applicants have the option to meet the following
performance standards found in Table 18.22.730(c) to reduce the buffers outlined in Table
18.22.730(1)(a) above from high to moderate impact.
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Table 18.22.730(1)(c). Required Measures to Minimize Impacts to Wetlands
(All measures are required for land use intensity reduction)
Disturbance Required Measures land use intensity reduction
Lights • Lights shall be shielded to avoid
be directed off the developed area,
and should include timers or
motion detection.
Noise • Locate activity that generates
noise away from wetland;
• If warranted, enhance existing
buffer with native vegetation
plantings adjacent to noise source;
• For activities that generate
relatively continuous, potentially
disruptive noise, such as certain
heavy industry or mining,
establish an additional 10 feet
heavily vegetated buffer strip
immediately adjacent to the outer
buffer.
Toxic runoff • Route all new, untreated runoff
away from wetland while
ensuring wetland is not
dewatered;
• Utilize native vegetation that does
not require fertilizer or pesticides,
or require a statement on all
approved site plans for
development or land disturbing
activities limiting use of
pesticides within 150 feet of
wetland;
• Apply integrated pest
management.
Stormwater runoff • Roads and development areas
(including lawns) that discharge
to buffers are required to utilize
Best Management Practices to
treat stormwaters;
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Disturbance Required Measures land use intensity reduction
• Prevent
lawns
buffer;
channelized
that directly
flow from
enters the
• Use low intensity development
techniques (for more information
refer to the drainage ordinance
and manual).
Change in water regime • Infiltrate or treat, detain, and
disperse into buffer new runoff
from impervious surfaces and new
lawns.
Pets and
disturbance
human • Use privacy fencing or plant
dense vegetation to delineate
buffer edge and to discourage
disturbance using vegetation
appropriate for the ecoregion;
• For non-residential development,
DCD may require wetland and its
buffer in a separate tract or protect
with a conservation easement.
Dust • Use best management practices to
control dust.
(8) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffers in a wetland area up to 25
percent when all of the following criteria are met.
(i) The specific standards for mitigation sequencing in JCC 18.22.740 have been
applied during the siting and design of the proposed project. To the extent practicable,
that may include consideration of the following avoidance and minimization
measures:(A) Trees and other existing native vegetation are avoided, and alterations
are placed on existing road grades, utility corridors, or other developed lands if
present;
(B) The buffer is increased adjacent to the higher-functioning area or more-sensitive
portion of the buffer or wetland and decreased adjacent to the lower functioning or
less-sensitive portion;
(C) Lower intensity land uses are located in the reduced buffer area if feasible;
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(D) The development is designed to separate and screen impacts such as noise, glare,
vegetation trampling, etc. of adjacent land uses from the critical area. The site design
shall consider the varying degrees of impacts of different land uses. For example,
parking lots, store entrances, and roads generally have higher noise and glare impacts
than the rear of the store. Site screening should take advantage of natural topography
or existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient
buildings to screen parking lots and store entrances from critical area). Landscaping
shall be consistent with chapter 18.30.130 JCC;
(ii) The total area contained in the buffer area after averaging is no less than that which
would be contained within the standard buffer and all increases in buffer dimension are
parallel to the wetland;
(iii) The buffer averaging does not reduce the functions or values of the wetland, or the
buffer averaging, in conjunction with vegetation enhancement, increases the habitat
function;
(iv) The buffer averaging is necessary due to parcel size, existing development, shoreline
or other critical area requirements, or other site constraints such as slope, soils, or
protecting existing native vegetation (e.g. mature conifers);
(v) The slopes adjacent to the wetland within the buffer area are stable;
(vi) Buffer averaging of buffer reductions addressed in Section 18.22.730(9) JCC are not
be allowed; and
(vii) The modified buffer shall meet the well vegetated buffer standard, which is
comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or
proposed enhanced condition at maturity. This shall also include the removal of invasive
non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with
native vegetation. An enhancement plan or habitat management plan shall be required to
achieve this standard. These plans shall include a 5-year monitoring plan to ensure that
standards are met.
(b) The administrator shall have the authority to average buffers in a wetland area up to 50
percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall
contain at least 80 percent aerial cover of native trees and shrubs in its existing or
proposed enhanced condition at maturity. This shall also include the removal of invasive
non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with
native vegetation. An enhancement plan or habitat management plan shall be required to
achieve this standard. These plans shall include a 5-year monitoring plan to ensure that
standards are met;
(iii) Allows for the natural movement of a stream within its floodplain or channel
migration zone;
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(iv) Separates development from potential flooding impacts;
(v) Limits visual, auditory, and direct intrusion between critical areas and developed
environments;
(vi) Protects important wildlife habitat components for species dependent or associated
with wetland, marine, and riverine environments;
(vii) Protects wildlife movement; and
(viii) Does not significantly impact erosion and landslide hazard areas adjacent to the
critical area.
(9) Below is the reduction process and criteria for FWHCA & Wetlands reductions:
Buffer Averaging Permit Process
Up to 25% Type I per Section 18.22.730(8)(a) JCC
Up to 50% Type II per Section 18.22.730(8)(b) JCC
*
*
Variances1
Buffer Reduction2 Permit Process
Land use intensity from high to moderate Section 18.22.730(7) JCC
Over 25%to 75% Type III Critical Area Variance JCC 18.22.250
Over 75% Type III Reasonable Use Exception JCC
18.22.260
Footnote
1. A Critical area stewardship plan (CASP) meeting the provisions of 18.22.965 may be
utilized instead of critical area variances or Reasonable Use Exception
2. Buffer reduction not allowed if buffer averaging is feasible.
(10) When increasing buffers for wetlands may be allowed.
The administrator shall have the authority to increase buffers in a wetland to protect the
functions and values of a wetland. Factors that may be used to support this determination include
but are not limited to:
(a) The wetland is used by, or has habitat features that could be used by, state or federally
listed threatened or endangered species;
(b) The wetland serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or,
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(d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the
slopes are greater than 30 percent.
(11) Voluntary Restoration. A wetland and its associated buffer that has been previously altered
such that the functions, values, and natural processes have been diminished are encouraged to be
restored to conditions that existed prior to the alteration. Voluntary restoration requires the
submission of an enhancement plan or habitat management plan to DCD for review and approval
prior to issuance of a permit to restore a wetlandswetland or buffer. DCD shall provide
information or technical expertise, where possible, in facilitating restoration of a wetlands or
buffer to previously existing conditions. This could include, but is not limited to, referring
interested property owners to restoration information, efforts, and funds.
(12) Utilities. Placement of utilities (serving one parcel, development or legal lot of record)
within a wetland and its associated buffer may be allowed pursuant to the following standards:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan
addressing the impacts to the wetland and its associated buffer are minimized, that any
disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation.
(b) Construction of utilities, including stormwater BMP’s, may be permitted in a wetland
and its associated buffer when no practicable or reasonable alternative location is
available and the utility does not cause or increase habitat fragmentation for state or
federally listed species and meets the requirements for installation, replacement of
vegetation and maintenance outlined below. Utilities are encouraged to follow existing or
permitted roads where possible.
(c) New utilities shall be aligned when possible, to avoid cutting trees greater than 12
inches in diameter at breast height (four and one-half feet) measured on the uphill side.
(d) New utilities shall be revegetated with appropriate native vegetation at not less than
preconstruction vegetation densities or greater, immediately upon completion of
construction or as soon thereafter as possible due to seasonal growing constraints. The
utility shall ensure that such vegetation survives for a three-year period.
(e) Construction of sewer lines or on-site sewage systems may be permitted in a wetland
and its associated buffer when it can be demonstrated that it is necessary to meet state or
local health code requirements, that there are no other practicable alternatives available,
and construction meets the requirements of this article. Joint use of the sewer utility by
other utilities may be allowed.
(d) In addition to meeting the utilities standards a above, new utility corridors (serving
more than one property) proposed within a wetland or its associated buffer shall require a
variance under JCC 18.22.250.
(e) Utility corridors for towers should be painted with brush, pad or roller and should not
be sandblasted or spray-painted, nor shall lead-based paints be used.
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(f) Utilities corridors for towers should follow best management practices for avian
protection.
(13) Road and Street Expansion. The expansion of a legally established private or public road
may be allowed in a wetland and its associated buffers provided it complies with the following
minimum development requirement:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan
addressing the impacts to a wetland and its associated buffer are minimized, that any
disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation.
(b) No other reasonable or practicable alternative exists and the proposed road or street
serves multiple properties whenever possible;
(c) Public and private roads are encouraged to provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d) The road or street construction is the minimum necessary, as required by the
department of public works’ guidelines. Minimum necessary provisions may include
projected level of service requirements.
(14) New public or private roads. In addition to meeting the development standards for road and
street expansion above, the establishment of a new public or private road within a wetland or its
associated buffer is subject to variance under JCC 18.22.250.
(15) Outdoor Recreation, Education, and Trails Construction. Uses and improvements that do not
significantly affect the function of a wetland and its associated buffers (including viewing
structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be
permitted in a wetland and its associated buffer provided they comply with all of the following
minimum development standards:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan
addressing the impacts to the wetland and its associated buffer are minimized, that any
disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation;
(b) Trails and other facilities shall, to the extent feasible, be placed on existing road
grades, utility corridors, or other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs,
snags, and important wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be
designed and located within the buffer to minimize impacts to wildlife, fish, or their
habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the
buffer provided that they do not exceed three feet in width and are designed to minimize
the impact to a wetland and its associated buffer. Trails serving multiple parcels or
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subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed
with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;
(f) The size, configuration and surfacing of regional and public trails within a buffer shall
be determined through a Type II Administrative Variance. Regional trails shall be limited
to a maximum of 12-foot-wide paved surface 6-foot-wide gravel shoulders for non-
motorized public access. This shall also include the submission of a mitigation plan
prepared by wetland biologist; and
(g) Addressing the impacts to the wetland and its buffer are minimized, so that any
disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation.
18.22.740 Impact Assessment and Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and area.
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse
impacts to regulated wetlands. When development, land disturbing activity or use poses
potentially significant adverse impacts to a regulated wetland, the preferred sequence of
mitigation as defined below shall be followed unless the applicant demonstrates that an
overriding public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environment to the historical condition or the condition existing at the time of the initiation
of a project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments; and,
(f) Monitoring the required compensation and taking appropriate corrective measures when
necessary.
(2) Impact Assessment. All potential impacts to wetlands and buffers shall be identified and
described in the wetland report. Impact assessments shall be made based on requirements in
Article IX (special reports).
(3) Compensatory Wetland Mitigation – General Requirements. As a condition of any permit or
other approval allowing alteration which results in the unavoidable loss or degradation of
regulated wetlands, or as an enforcement action pursuant to title 19 JCC, compensatory
mitigation shall be required to offset impacts resulting from the actions of the applicant or any
code violator.
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(a) Except persons exempt under this article, any person who alters or proposes to alter
regulated wetlands shall provide wetland mitigation that is equivalent to or larger than those
altered in order to compensate for wetland losses. Table 18.22.740(1) specifies the
mitigation ratios by category and type of mitigation that must be used for compensatory
wetland mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category
and Type of
Wetland
Impacts
Reestablishment
or Creation
Rehabilitation
Only1
Reestablishment
or Creation
(R/C) and
Rehabilitation
(RH)1
Reestablishment
or Creation
(R/C) and
Enhancement
(E)1
Enhancement
Only1
All Category
IV
1.5:1 3:1 1:1 R/C and 1:1
RH
1:1 R/C and 2:1
E
6:1
All Category
III
2:1 4:1 1:1 R/C and 2:1
RH
1:1 R/C and 4:1
E
8:1
Category II
Estuarine
Case-by-case 4:1
Rehabilitation
of an estuarine
wetland
Case-by-case Case-by-case Case-by-case
All Other
Category II
3:1 6:1 1:1 R/C and 4:1
RH
1:1 R/C and 8:1
E
12:1
Category I
Forested
6:1 12:1 1:1 R/C and 10:1
RH
1:1 R/C and 20:1
E
24:1
Category I
Based on
Score for
Functions
4:1 8:1 1:1 R/C and 6:1
RH
1:1 R/C and 12:1
E
16:1
Category I
Wetlands
with High
Conservation
Value
Not considered
possible2
6:1
Rehabilitation
of a wetland
with high
conservation
value
R/C not
considered
possible3
R/C not
considered
possible3
Case-by-case
Category I
Coastal
Lagoon
Not considered
possible2
6:1
Rehabilitation
of a coastal
lagoon
R/C not
considered
possible3
R/C not
considered
possible3
Case-by-case
Category I
Bog
Not considered
possible2
6:1
Rehabilitation
R/C not
considered
R/C not
considered
Case-by-case
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of a bog possible3 possible3
Category I
Estuarine
Case-by-case 6:1
Rehabilitation
of an estuarine
wetland
Case-by-case Case-by-case Case-by-case
1 These ratios assume that the rehabilitation or enhancement actions implemented represent the
average degree of improvement possible for the site. Proposals to implement more effective
rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may
result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut.
Instead, rehabilitation and enhancement actions span a continuum. Development that falls within the
gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for
rehabilitation and the ratios for enhancement. 2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable
wetlands because they perform some functions that cannot be replaced through compensatory
mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter
what kind of compensation is proposed.
Note: Each type of mitigation is defined in subsection (3) of this section under mitigation types.
Note: Wetland preservation may be approved by the administrator under limited circumstances on a
case-by-case basis if preservation requirements are met, as specified in Wetland Mitigation in
Washington State, Part 1: Agency Policies and Guidance, or as amended.
(b) Compensatory mitigation may also be determined using methods described in
Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington: Final Report (Washington State Department of Ecology Publication No. 10-06-
011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1).
(c) Compensatory mitigation must follow an approved compensatory mitigation plan
pursuant to this article, with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and
managed to avoid further development or degradation. The applicant or code violator must
provide for long-term preservation of the compensation area. The administrator has the
authority to require the applicant record a notice to title to ensure protection.
(e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic
conditions, and shall not be used as a stormwater system to comply with chapter 18.30 JCC.
(f) The applicant may be required to post a mitigation performance bond to ensure
monitoring the site occurs and contingency plans are implemented if the project fails to meet
projected goals. Corrective actions must be coordinated and approved by department of
community development.
(4) Compensatory buffer mitigation general requirements.
(a) Buffers adversely affected by a proposed development or use shall be compensated for at
a mitigation ratio of at least 1:1.
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(b) Impacts to buffers that are well-developed, well-established, or have unique natural
habitats consisting primarily of native plant species shall require a mitigation ratio greater
than 1:1. This could include, but is not limited to, buffers consisting of tall trees; areas
dominated by native species; areas considered a priority habitat by WDFW; and, habitat
conditions that could support rare plants or plant communities.
(c) The permittee shall install a highly visible and durable protective fencing as a barrier
between the limits of construction and the buffer. The fencing shall be installed prior to any
land disturbing activity, including but not limited to clearing or grading begins, and shall be
maintained during construction to prevent access and protect the wetland and buffer. This
requirement may be waived if an alternative to fencing that achieves the same objective is
proposed by the applicant and approved by the administrator.
(5) Compensatory wetland and buffer mitigation – Type, Location, and Timing.
(a) Mitigation is to be provided in the preferred order listed below. A lower order preference
shall not be approved unless a wetlands evaluation prepared by a wetland specialist
document to the satisfaction of the administrator that a higher preferred option is not
ecologically viable.
(i) Restoration (reestablishment or rehabilitation) is the preferred mitigation option;
(ii) Creation (also referred to as establishment) may be approved if restoration is not an
ecologically viable option;
(iii) Enhancement may be approved if restoration or creation are not ecologically viable
options or may be required in the same buffer area when a use or structure is permitted
and encroaches into the same buffer;
(iv) Preservation (also referred to as protection or maintenance) is the least preferred
mitigation option and shall be permitted only under limited circumstances when, based
on a report prepared by a wetland specialist, the administrator determines that no other
option is ecologically viable.
(b) On-site compensation within the same subdrainage basin is preferred. The administrator
may approve off-site compensation only if:
(i) A wetlands specialist documents that on-site mitigation is not feasible and that off-
site mitigation is ecologically preferable;
(ii) No reasonable opportunities exist on-site and within the same subdrainage basin;
(iii) On-site mitigation would result in the loss of high-quality upland habitats;
(iv) Off-site mitigation has a greater likelihood of compensating for project-related
impact;
(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
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(vi) On-site compensation is not practical due to probable adverse impacts from
surrounding land uses; and
(vii) Potential functions and values at the site of the proposed restoration are
significantly greater than the lost wetland functional values.
(c) Compensation outside of the sub-drainage basin may be approved by the administrator if
an in-lieu fee program is used.
(d) Construction of compensation projects must be timed to reduce impacts to existing
wildlife and flora. Construction must be timed to assure that grading and soil movement
occurs during the dry season. Planting of vegetation must be specifically timed to the needs
of the target species.
(e) Compensation must be completed prior to wetland destruction, where feasible.
(6) In-lieu fee (ILF) Program. An applicant may opt to use an ILF program to compensate for
impacts to aquatic resources (critical areas) or buffers based on criteria listed below. Use of an
ILF program transfers the responsibility of providing compensatory mitigation from the
applicant to an ILF program sponsor. The sponsoring organization is required to provide
mitigation that complies with all mitigation requirements of this chapter.
(a) The ILF program may be used by an applicant as a way to mitigate for project impacts if
the impacts to the critical area or buffer occur within an ILF program service area. If an
impact occurs outside of an ILF program service area, an applicant may request that DCD
investigate the possibility of using the ILF program as mitigation. The ILF program sponsor
is under no obligation to accept mitigation responsibilities for impacts outside an ILF
program service area.
(b) The applicant shall determine if there is a preference for using the ILF program over
permittee-responsible mitigation to compensate for unavoidable impacts. The DCD may
encourage an applicant to use the ILF program, but shall not require an applicant to use ILF
for mitigation.
(c) The administrator may approve an application using an ILF program for mitigation if the
ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has
the right to deny the request if the sponsoring organization cannot fulfill all ILF program
mitigation requirements. If the sponsoring organization does not accept the mitigation
responsibility, the applicant shall be responsible for providing mitigation that complies with
this chapter. The administrator shall not approve a permit involving ILF mitigation until (i)
the applicant has purchased the appropriate number of credits from the sponsoring
organization and (ii) the sponsoring organization has completed a statement of sale. Once the
ILF program sponsor completes the financial transaction with the applicant, the sponsor
becomes responsible for completing the mitigation effort to comply with the requirements
of this chapter and the applicable approved in-lieu fee program instrument.
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Article VIII. Agriculture
18.22.800 Purpose and intent.
(1) Jefferson County encourages the conservation of productive agricultural land and tothe
iImplementation of alternative means of protecting critical areas using conservation practices in
this article. As allowed under WAC 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 activities 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 products 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) 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
policy goal of this chapter to minimize the impacts of:
(1) Pollution ofPotential water-polluting activities. Agricultural activities, such as livestock
management and tillage, without proper conservation practices may contribute wastes or
sediments into a natural or modified natural stream or wetlands;
(2) 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. 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. 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) Drainage infrastructure. Maintenance and operation of ditches should be designed to prevent
maintenance problems, avoid blocking water flow, ensure control of erosion, avoid
Commented [JH12]: Is this the definition of agriculture?
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sedimentation, protect water quality, and ensure stream bank vegetation is protected or replanted;
and
(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 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 requirements of this
chapter instead of the performance-based 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 a agricultural activity existing as of
March 10, 2020, the date agriculture was first regulated 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 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 in
proximity to wetlands or water bodies;
(ix) Adding or altering irrigation practices; or
(x) Other similar agricultural activities as approved by the administrator.
(2) This article does not apply to:
(a) Exempt agricultural activities per JCC 18.22.230. Agricultural activities occurring within
the footprint of use as of the 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; or,
(b) Agricultural activities that do not lie within FWHCA or wetlands.
Commented [JH13]: They need to apply to adhere to the
prescriptive requirements? And why wouldn’t this apply to
any and all agricultural activities?
Commented [JH14]: Would this include heavy use area
protection for livestock confinement?
Commented [JH15]: Are impervious surfaces defined?
From a stormwater management perspective, HUAP areas are impervious.
Commented [JH16]: These activities commonly change
over time with availability of new resources and technology. Unclear how that would fit in here. Same with fertilizer and
chemical management.
Commented [JH17]: It isn’t clear what entails “altering.”
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(3) Agricultural checklist 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 and avoid negative impacts described under resource concerns in JCC 18.22.810. The
following classifications shall be used on the agricultural checklist:
(a) Type 1 conservation practices compliant. A Type 1 classification applies to producers of
agricultural products or commodities that have a farm plan developed by farm assistance
agencies, or have completed the agricultural checklist, demonstrating that a development
application addresses performance standards in JCC 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.
(b) Type 2 conservation practices scheduled. A Type 2 classification applies to development
that does not meet one or more performance standards in JCC 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.
(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 activities. A producer
of agricultural products of commodities shall complete an agricultural checklist and provide
a report prepared by a farm assistance agency or a natural resource professional to
demonstrate how the proposal meets the performance standards in JCC 18.22.830 and avoids
potential negative impacts described under resource concerns in JCC 18.22.810. 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
variances or reasonable economic use exceptions as applicable under JCC 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; provided, the proposal can meet all CASP 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 requirements are met due to the nature of the proposal as well as
installed or scheduled conservation practices:
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(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 livestock
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) 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 is applied to prevent pollution of fish and wildlife
habitat conservation areas and wetlands;
(i) Compost production is handled performed 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) Fertilizers or agricultural chemicals for weed and pest control are applied in a manner that
prevents them from entering any FWHCA and wetlands on agricultural land either by aerial
drift or by stormwater run-off;
(k) The development avoids adverse alteration of wetland hydrology;
(l) The development 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;
Commented [JH18]: What about wetlands converted to pasture that have been grazed for decades?
Commented [JH19]: What about wetlands that were
converted to pasture?
Commented [JH20]: Unclear what this refers to.
Commented [JH21]: Same as above.
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(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 the flood hazard regulations in chapter 15.15 JCC and the
practices recommended by farm assistance agencies; and
(q) A proposed agricultural activity is consistent with locational allowances in subsection
(2) of this section.
(2) Locational standards. 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
Activity Allowed in Wetlands Allowed in Prescriptive Wetland
and its Associated Buffers
Cultivation
production
and Yes, existing agricultural activities
lawfully established as of 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 March 10,
2020, the date regulation of
agriculture in this article was first
adopted.
Yes, new or expanded agricultural
activities 1,2
Agricultural Limited to activities addressed by Yes, legal agricultural activities
structures, farm assistance agency practices on established as of the March 10, 2020,
buildings, farmed wetlands, including but not the date regulation of agriculture in
impervious areas limited to high tunnel systems, where this article was first adopted.
consistent with federal and state law Yes, new or expanded agricultural
1,2,3 activities 1,2
Notes:
1 Subject to performance standards in subsection (1) of this section and determined to be a
conservation practices satisfied or not satisfied proposal per JCC 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, 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
Commented [JH22]: The two paragraphs in the “Allowed” sections of the table below are confusing, as are
the Notes.
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Activity Allowed in Wetlands Allowed in Prescriptive Wetland
and its Associated Buffers
NRCS Certified Wetlands Determination or equivalent determination by another farm assistance
agency, state oversight agency official, qualified professional, wetlands specialist, or DCD.
(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 owner’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 by requiring conservation practices recommended by farm
assistance agencies, natural resources conservation professional, or qualified professional.
(b) If an agricultural activity has 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 applicant may seek use of the prescriptive path offered in this chapter.
(4) Conservation practices. Owners of agricultural land and producers 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 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 conservation practices not satisfied proposal, the
applicant 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.
18.22.840 Monitoring and adaptive management.
Monitoring provides information used by DCD to assist in determining the effectiveness of the
county’s critical area regulations and conservation practices applicable to agricultural activities.
DCD 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 land. 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
Commented [JH23]: Unclear what this means. The NRCS
FOTG does not address no net loss of critical area functions and values with regards to structures.
Commented [JH24]: The NRCS does not approve
conservation plans developed by the conservation district.
Also, it is very unlikely that the NRCS would develop or review conservation plans for this.
Commented [JH25]: This is very confusing.
Commented [JH26]: Do you mean, once the practice(s)
has been established (implemented), it must be documented as such and design specifications must be provided to
demonstrate that it meets the necessary criteria?
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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” means the following categories and 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
District or a 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 RCW.
(c) Meeting all applicable requirements of chapter 77.55 RCW and 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 and 90.48 RCW and chapters 173-201A and 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 benchmarks and outcomes.
(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
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Ecology Guidelines for Project Quality Plans for Environmental Studies County and
reviewed by the Jefferson County Department 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 conservation 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
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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 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
owner’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 County will, in cooperation with a 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 activities 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, 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 per JCC 18.22.820.
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(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 to protect the values and functions of critical areas at the benchmark
condition described in JCC 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 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 activities changes.
(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 agricultural
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 agricultural 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 applicant 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
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degraded. If compliance cannot be achieved, other enforcement action based on 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 activities. 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 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 a farm assistance agency 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 and
nature of an agricultural activity, and the specific conservation management practices to be
implemented such as through an agricultural checklist per JCC 18.22.820. The summary
information shall be provided by the producer approved designee and shall be used to document
the basis for the County’s approval of the proposal.
(3) The County will provide to the public via its website information regarding which
agricultural land has approved conservation practices per JCC 18.22.820 and the date of their
approval.
(4) Upon request, the County may provide a sample agricultural checklist, exclusive of site- or
property-specific information, to give general guidance on the development of a farm plan. [Ord.
5-20 § 2 (Appx. A)]
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 proposed and critical areas adversely
affected by the development 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.
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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 shall require a special report or
reports if any portion of a 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) 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) Describe the proposed development, land disturbing activity or use, and its location and
dimensions;
(b) Provide a scaled site plan that includes a north arrow, property boundaries, existing
structures and features on the subject site, and the limits of clearing needed during
construction.
(c) Describe existing site conditions and all critical areas and their associated buffers
occurring on the property;
(d) Assess potential impacts to critical areas and its associated buffers per the specific
requirements 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 property.
(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)]
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(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)]
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 report or hydrogeologic 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;
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(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; and
(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 review. Critical aquifer recharge area report or hydrogeologic evaluation shall be
forwarded to the Jefferson County department of public health for technical review. The County
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 identified in the critical aquifer recharge area report or
hydrogeologic 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 development to critical aquifer recharge areas. [Ord. 5-20 § 2 (Appx. A)]
18.22.940 Frequently flooded area reports.
(1) Habitat assessment required. A habitat assessment may be required 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 assessment.
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(a) In addition to the general requirements found at JCC 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 § 2
(Appx. A)]
18.22.945 Geologically hazardous area reports.
(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.
(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;
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(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 potential effects of the proposed activity on stormwater quality,
quantity, and runoff patterns post-construction. 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 and buffer if the proposal is
implemented and identify measures to avoid or minimize alteration of stormwater;
(j) If a development, land disturbing activity or use is proposed within a
geologically hazardous area, the report shall state if the development, land
disturbing activity or use can be safely constructed, occupied, or used and shall
include any engineering, design, and construction to protect public health and
safety;
(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
(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.
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(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 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.
Habitat reconnaissance letters and habitat management plans shall be prepared based on
requirements in Article VI FWHCA, the general report requirements of JCC 18.22.905, and the
criteria specified in subsections (2) and (3) of this section.
(2) Habitat reconnaissance 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 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 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;
(e) Narratively and graphically present the distance of every 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
(f) Photographs of the site, every FWHCA and its associated buffer.
(3) Habitat management plan. A habitat management plan shall be prepared and submitted if any
portion of the development, land disturbing activity or use, including areas of temporary impact
and areas within the limits of clearing, are within a FWHCA or if a critical area 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 every FWHCA, other
development proposed, and limits of clearing;
(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) A summary of information reviewed prior to the site visit to determine the potential
presence of a FWHCA or its associated buffer;
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(e) Detailed description of the field investigation results, including habitat types present on
the property, habitat conditions with a 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;
(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;
(g) In addition to complying with the clearing, grading, excavation, and stormwater
requirements in JCC 18.30.060 and 18.30.070, and the current Stormwater Management
Manual for Western Washington, describe any potential effects of the development, land
disturbing activity or use on stormwater quantity, quality, and runoff patterns post-
construction. The report shall 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;
(h) Identify all potential impacts of the development, land disturbing activity or use on every
FWHCA and its associated buffer. The habitat management report shall include:
(i) Mitigation sequencing. Describe measures to avoid and minimize impacts to every
FWHCA. For any unavoidable impacts, describe and justify all project components that
cannot avoid impacting the FWHCA. For unavoidable impacts, mitigation plans shall be
prepared in accordance with subsection (3)(i) of this section;
(ii) Types of impacts. All potential impacts to every 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 area. The area (square footage) of potential impact shall be quantified for
every FWHCA. At a minimum, impact area shall include an FWHCA that occurs within
the limits of clearing, as shown on the site plan; and
(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.
(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)
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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 every FWHCA is mitigated and
protected.
(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) In-lieu fee program. A mitigation plan shall not be required if the ILF program, as specified
in 18.22.660(3), is used to mitigate project impacts.
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 State Priority Species and Habitats List.
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(2) Procedure for designation. An application to designate a habitat of local importance as a
critical area shall be processed according to the procedures for a Type V land use decision under
chapter 18.40 JCC.
(3) Applications for designation of a species or habitat of local importance. Any person residing
or headquartered in Jefferson County or any County department may apply for designation of a
species or habitat of local importance.
(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) The application shall include all of the following:
(i) Identification of the species including its scientific and locally common name(s);
(ii) Identification of the geographic location, including Jefferson County parcel numbers,
and extent of the habitat associated with an applied for species or the applied for
habitat itself if not associated with an applied for species;
(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 application;
(c) The application shall include a management plan for protection of the species or habitat
that includes all of the following:
(i) Whether the management plan has been peer reviewed, and if so, how this was done
and by whom;
(ii) How the restoration will be funded;
(iii)Recommendations for allowed, exempt, and regulated development, land disturbing
activity or uses within the area;
(iv) Recommended buffer and setback requirements and their justification;
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(v) Any seasonal requirements;
(vi) A monitoring plan that is practical and achievable and includes all of the following:
(A) Baseline data and a description of what measurements shall be used to determine
the success of the project;
(B) The requirements and time period required to evaluate the success of the plan;
(B) A contingency plan for failure; and,
(C) A list of all parcels not included in the application but affected by the monitoring
process; and,
(vii) An economic impact, cost, and benefits analysis;
(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.
(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.
(5) Review and approval requirements.
(a) The application for a designating a species of local importance for designation under this
section shall satisfy the all of following requirements:
(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;
(iv) The application shall include an analysis of the proposal using best available
science; and,
(v) The application 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) Applications for habitats of local importance under this section shall satisfy all of the
following criteria:
(i) Where the application for a habitat is for protection of a species, the use of the habitat
by that species shall 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
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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) The applied for areas to protect a particular habitat shall 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
(iii) The applied 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 application
shall specify those features that are required for the corridor to remain viable to support
and protect the applied for species.
(6) Review and approval process.
(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 Board 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.
(7) Removal from designation. Species or habitats of local significance may be removed at any
time; provided, they no longer meet the criteria in subsection (5) of this section (e.g., as a result
of a natural catastrophe or climatic change event), and all procedural requirements of this section
and Type V land use decisions 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 professional to determine if a wetland is present. Based on the site
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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, and the
criteria specified in subsections (2) and (3) of this section.
(2) Wetland reconnaissance letter. A wetland reconnaissance letter shall be prepared and
submitted only if all the 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 development, 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. A wetland delineation report shall be prepared and submitted if
any portion of the development, 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 development, 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, and the most current version of the
Stormwater Management Manual for Western Washington, describe any potential effects of
the development, land disturbing activity or use on stormwater quantity, quality, and runoff
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patterns post-construction. The report shall state whether the development, land disturbing
activity or 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.
(g) All potential impacts shall be identified. The impact assessment shall include:
(i) Mitigation Sequencing. Describe measures 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 report. 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 potential impacts shall be quantified for
each wetland and 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 a report.
(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.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall
be described.
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(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 existing conditions, including property 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. If buffer averaging is proposed, the area of
increase shall be shown relative to the area of decrease.
(i) Photographs of the site and the wetlands or buffer.
(4) A mitigation plan shall not be required if the ILF program, 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 plan reports.
(1) General. Property owners may elect to develop site-specific critical area stewardship plan
(CASP) as an alternative to the prescriptive requirements of Article VI (FWHCAs) 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 as an alternative to a variance pursuant to
JCC 18.22.250 or reasonable economic use exception pursuant to JCC 18.22.260.
(3) Review of CASP reports and approval of CASP permits. The administrator shall be
responsible for reviewing and approving submitted CASP reports and issuing CASP permits.
The administrator may, at the administrator’s discretion, seek technical assistance from the
Jefferson County conservation Conservation districtDistrict, the Washington State Department of
Fish and Wildlife or the Washington State Department of Ecology when reviewing CASPs.
(4) Applicability and limitations of CASPs. CASPs may be used in any land use district;
provided, all of the following requirements are met:
(a) CASPs shall not be used where rural transitional zoning applies pursuant to chapter 18.19
JCC if a buffer reduction has the potential to preclude future urban growth density
requirements in chapter 18.18 JCC.;
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(b) CASPs on properties less than one-quarter acre are prohibited;
(c) CASPs for critical areas other than FWHCAs and their associated buffers (Article VI) or
wetlands and their associated buffers (Article VII) are prohibited;
(d) CASPs shall provide equal or greater protection of critical area functions and values than
the prescriptive standards of buffers and setbacks;
(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) 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 also shall be limited to the same period as the underlying permit (e.g.,
building permit, septic permit, shoreline permit). However, 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 limited to three years from the date the CASP permit is issued.
(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 with the Jefferson County
Auditor’s office and shall post a performance bond in an amount determined by the
administrator to be sufficient to ensure compliance with the CASP, including. the estimated
cost of monitoring by staff or a qualified professional or natural resources conservation
professional to ensure that maintenance and monitoring are completed as required by this
section. The performance bond shall be released and 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 later.
(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).
Commented [JH27]: Confusing wording.
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
Page 89/90
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(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 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.
(7) Contingency plan 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 owner’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 reports. Failure to submit a report required under this article shall
constitute a failure to comply with the terms of the permit.
(9) Performance bond. 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 title 19
JCC (Code Compliance).
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
Page 90/90
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(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 approved CASP required. 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