HomeMy WebLinkAboutSubstantial changes 1-7-26 #2
DATE: January 7, 2026
TO: Jefferson County Planning Commission and Interested Parties
FROM: Greg Ballard, Jefferson County DCD Code Administrator
RE: DCD Summary of the key substantial changes to the Jefferson County Critical Area
Ordinance Update dated 11-24-25 based on the comments received from 11-24-25 to 12-31/31
Article I. Authority, Purpose, and Intent -no significant changes
Article II. Administrative Provisions
18.22.230(3) Ag
From: Existing and on-going ag
To: With the exception of new agricultural activities, existing agricultural activities, as
defined in JCC 18.10.010, may continue in substantially the same manner;
Staff Comment: New ag activity would be subject to Article VIII Agriculture that allows performance
(ag checklist) instead of utilizing the FWHCA (Article VI) and Wetland (VII) protection standards
“Agricultural activities” has the same meaning as in RCW 90.58.065(2)(a), as it may be
modified in the future, and currently reads “agricultural uses and practices including, but not
limited to: Producing, breeding, or increasing agricultural products; rotating and changing
agricultural crops; allowing land used for agricultural activities to lie fallow in which it is
plowed and tilled but left unseeded; allowing land used for agricultural activities to lie
dormant as a result of adverse agricultural market conditions; allowing land used for
agricultural activities to lie dormant because the land is enrolled in a local, state, or federal
conservation program, or the land is subject to a conservation easement; conducting
agricultural operations; maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities, provided that the replacement
facility is no closer to the shoreline than the original facility; and maintaining agricultural lands
under production or cultivation.”
Staff Comment: 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. This definition includes the provision of requiring ag
activities having occurred within 5 years of 2003.
18.22.230(3)(n) noxious weed control- added other agencies with expertise
18.22.230(3)(p) Native vegetation Enhancement – added noxious weed control board to
authority on invasive plants
18.22.230(3)(q) Pruning added to tree removal
(q) Pruning and Tree removal within FWHCA, wetlands and moderate or high landslide
areas may occur if ecological functions and values are not impacted, complies with this
standard, complies with the provisions of this Title, or is authorized by DCD.
Pruning/Tree Trimming:
(i) Pruning. Minor pruning of trees that does not exceed 25% of the live crown, and does
not include the topping of trees does not require approval from DCD. Pruning of trees that
exceeds this standard may require a tree removal permit and/or an arborist report submitted
to DCD for review and approval.
Tree Removal: DCD may require for all tree removal within FWHCA, wetlands, and
moderate or high landslide hazardous areas or their associated buffers the following:
(ii) A tree removal permit for the removal of trees over 6 inch in diameter or removal of
over 50% of the live crown
Staff Comment: WDFW asked about the definition of minor pruning in the FWHCA section. DCD added
this requirement to the exemptions since it is also applicable to geohazards and wetlands. Clarifies about
pruning and topping of trees. Also adds the retention of snags when safe.
Article III. Critical Aquifer Recharge Areas - no significant changes
Article IV Frequently Flooded Areas -no significant changes
Article V Geologically Hazardous Areas
18.22.530(2)(d) Reducing Landslide buffer widths
Added DCD may have the geotech mark the top or toe of landslide hazard area as part of the
geotechnical report
18.22.530(2)(h) added marking the areas adjacent to development, land disturbing activities and
uses to landslide hazard areas similar to the sections added to FHWHCA and wetlands
Article VI Fish & Wildlife Habitat Conservation Areas
18.22.600 Added WDFW Priority Species
18.22.610 Added complete FWHCA definition from WAC 360-190-030(6)((a)
18.22.610(3) added DNR interim forest Practice water typing WAC 222-16-060 and Washington
State Department of Ecology’s Washington State Hydrography Dataset Program (WASHD).
DCD addressed the reasons why WDFW’s Site Potential Tree Height (SPTH200) are addressed
in Shannon and Wilson Technical Memo dated May 13, 2025. This document is available in the
Planning Commissions May 21, 2025 workshop available here. Also Steve Mader address this
issue in his 12/31/25 comment letter.
DCD provided a definition in 18.10.170 that a Qualified professional/individual” means” an
agency or individual based on schooling, certifications, or experience has demonstrated to the
administrator’s satisfaction that they are qualified to perform simple activities including but not
limited to restoration/enhancement plans.”
Staff Comment: Per the Special Reports General Requirements Section 18.22.905(2) JCC - The
administrator shall determine the requirements for qualified professional and the verify the qualifications
of professionals submitting special reports. DCD has high highlighted the terms qualified professional
and enhancement plans in the FWHCA and wetland sections to show the context of when these plans
could be prepared by a qualified individual instead of a preparing a formal habitat management plan per
Section 18.22.950 JCC or a wetland report per Section 18.22.960 JCC. It would be up to the
administrator to make this determination based on the existing conditions, and the nature or complexity
of the development, land disturbing activity, or use.
Development, land disturbing activity and uses was utilized throughout the document to address
all activities that could impact critical areas.
Term “enhanced with through establishment of native vegetation” was changed to “restoration of
the site through the establishment of native vegetation” throughout the FWHCA and wetland
sections
Tables 18.22.630(1),(2), &(3)
All text was moved to the left column and only the buffers in feet was in the right column.
18.22.630(11) Stream crossings added WDFW Water Crossing Design Guidelines as amended
18.22.630(16)(f) Outdoor Recreation, education and trail constructions clarified that 12 foot wide
paved surface with a total width of 6 foot wide gravel shoulders was allowed with a regional trail.
This change was also added to the wetland section.
Article VII Wetlands
18.22.710(3) Clarified Category IV wetlands less than one tenth of acres could only be filled if
authorized by Ecology or Corp of Engineers
18.22.730(3)(c) vegetation retention - clarified that only for established roadways and utilities
may be vegetation be cleared. Vegetation clearing is not allowed for new rights-of-way and
easement for roads and utilities.
18.22.730(3)(d) vegetation retention – (also changed in FWHCA section)
From: 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)
To: Damage to wetlands and their associated buffers from land disturbing activity shall be
minimized by installing temporary construction fencing before grading near the buffers, and the
falling of trees away from these areas.
18.22.730(5) Buffer Marking requires “A 5-foot building setback shall be required from the edge
of any buffer area, except for nonstructural improvements such as septic drain fields may be
located within a setback”
Questions whether porches, decks, shed and fences were allowed in the 5 foot setback area
from the buffer (also in FWHCA)
Article VIII Agriculture
18.22.800(3) Jefferson County offers producers of agricultural products or commodities
(agricultural as defined in Section 18.10.010 JCC) 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 utilizes the FWHCA protection standards (Article VI) and the
wetland protection standards (Article VII). The prescriptive approach utilizes the 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.
18.22.810 The continuation of existing agricultural activities meeting the provisions of Section
18.22.230(3)(a) JCC is exempt from critical area requirements and the requirements of this
chapter.
Except as noted above, new or expanded agricultural activities are subject to the provisions of
this chapter. 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:
18.22.820 Alternative performance based approach to ag in FWHCA & wetlands
An owner or a producer of agricultural products or commodities may apply to use the performance
requirements of this chapter instead of the prescriptive standards. This shall include the
submission of an application and approval by DCD based requirements of this article for the
following agricultural activities within a FWHCA or a wetland or its associated buffer:
The previous version interchanged the term performance and prescriptive standards. DCD also made
it easier to read.
18.22.820(2) This article does not apply to:
(a) Exempt agricultural activities per JCC 18.22.230.
(b) 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;
(c) Agricultural activities that meet the FWHCA and wetland prescriptive standards:
(d) Agricultural activities that do not lie within FWHCA or wetlands.
DCD shows these proposed changes below in Section 18.22.800, 810, & 820
18.22.800 Purpose and intent.
(1) Jefferson County encourages the conservation of productive agricultural land and the
implementation 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 (agricultural as
defined in Section 18.10.010 JCC) 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 utilizes the FWHCA protection standards (Article VI) and the
wetland protection standards (Article VII). The prescriptive approach utilizes the standard
buffer widths from streams, wetlands, and ponds, 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 meeting the provisions of Section
18.22.230(3)(a) JCC is exempt from critical area requirements and the requirements of this
chapter. Agricultural activities are defined in Section 18.10.010 JCC.
Except as noted above, new or expanded agricultural activities are subject to the provisions of this
chapter. 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) Potential 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 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 FWHCAs or
Wetlands.
(1) Application. An owner or a producer of agricultural products or commodities may apply to use
the performance requirements of this chapter instead of the prescriptive standards. This shall
include the submission of an application and approval by DCD based requirements of this article
for the following agricultural activities within a FWHCA 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.
(b) 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,
(c) Agricultural activities that meet the FWHCA and wetland prescriptive standards.
(d) 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: