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HomeMy WebLinkAboutArticle VIII Mod. Agriculture 12-26-25Article VIII. Agriculture 18.22.800 Purpose and intent. (1) Jefferson County encourages the conservation of productive agricultural land and to implement alternative means of protecting critical areas using conservation practices in this article. As allowed under WAC 365-196-830 (Protection of critical areas), 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. The continuation of existing agricultural activities is addressed in Section 18.22.230(3)(a) JCC. Agricultural activities are defined in Section 18.10.010 JCC. Although the definition of existing and on-going agriculture (EOGA) is also found in Section 18.10.010 JCC, this definition is utilized for the administration of the performance standard for Agricultural activities and accessory uses found in Section 18.20.030, the definition of EOGA is not utilized in Chapter 18.22 JCC per this definition. New or expanded 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 of water. Agricultural activities 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; Commented [GB1]: This section makes it clear that the continuation of agricultural activities is exempt from the critical area requirements per Section 18.22.230(3)(c) JCC. New or expanded agricultural activities can either meet the prescriptive (standard) critical area buffers or if they utilized the ag checklist they can utilize prescriptive standards address in the Ag Section of the CAO. (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 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 regulate under this article: (i) Adding or expanding temporary or permanent structures; (ii) Adding or expanding compacted areas such as for parking, roads, or access; (iii) Adding or expanding impervious areas; (iv) Adding or replacing wells or septic systems; (v) Constructing or altering ditches or drainage systems; (vi) Constructing or altering 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. (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 standard 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: (a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands; (b) Roof runoff is managed so that it does not result in ponding or channeling in confinement areas, or contribute to the discharge of manure, pathogens, sediment, pesticides, and other contaminants to fish and wildlife habitat conservation areas and wetlands; (c) 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 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; (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 and production 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 structures, buildings, impervious areas Limited to activities addressed by farm assistance agency practices on farmed wetlands, including but not limited to high tunnel systems, where consistent with federal and state law 1,2,3 Yes, legal agricultural activities established as of the March 10, 2020, the date regulation of agriculture in this article was first adopted. Yes, new or expanded agricultural activities 1,2 Notes: Activity Allowed in Wetlands Allowed in Prescriptive Wetland and its Associated Buffers 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 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. (ba) The Jefferson County Conservation District is available to assist with completion of an agricultural checklist and in the development of conservation plans approved by DCD. 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. Commented [GB2]: Al Latham Conservation 12/15/25- DCD approves agricultural checklist for new or expanded ag in critical areas. Removed NRCS. Change made 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 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 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 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. (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 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)]