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HomeMy WebLinkAboutArticle I & II Mod. Auth. & Admin 01-06-26Chapter 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. 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)] 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 wider, more restrictive protective 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)] Commented [GB1]: WDFW 12/16/25- change made 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, the administrator’s determination shall prevail. 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,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 allowed 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; Commented [GB2]: Joe Holtrop, JC Conservation District 12/16/25 – change made Commented [GB3]: Joe Holtrop, 12/16/25 – change made (b) Evaluate any required assessments, reports, or studies; (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. Commented [GB4]: WDFW 12/16/25- DCD updated Flood Damage Protection Ord. on 11/18/24. FIRM maps updated in 2018. Comment noted - no change made (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. (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. Agricultural activities are defined in Section 18.10.010 JCC. Although the definition of existing and on-going agriculture 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, and is not utilized in Chapter 18.22 JCC per this definition.Existing and on-going a With the exception of new 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 activitiesy does not result in additional 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 systems, 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: Commented [GB5]: Al Latham, JC Conservation District Board 12/23/25 changes made (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. 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 (including maintenance) 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); Commented [GB6]: Joe Holtrop, 12/16/25 – change made Commented [GB7]: Joe Holtrop, 12/16/25 – change made (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 (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, thethat 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, or other agencies with expertise; (ii) The Jefferson County Noxious Weed Control Board, or other agencies with expertise 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 held machinery and the planting native vegetation is exempt. Invasive plants include those listed inby the Jefferson County Noxious Weed Board and/or Washington State University Extension invasive forest weed resources. Examples of invasive species include: (i.e. Butterfly Bbush, English Hholly, English Iivy, Herb-Robert, Himalayan Bblackberry, English holly, Tansy Rragwort, Shiny Geranium, etc.) or as determined by qualified agency or a qualified professional, and approved by the administrator. Commented [GB8]: Joe Holtrop, 12/16/25 – change made Commented [GB9]: Mike Schultz, PC Member made 12/10/25 (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. within FWHCA, wetlands, and moderate or high landslide hazardous areas or their associated buffers : 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 (iii) 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; (iiiiv). A habitat management plan or a mitigation plan; (ivv) . A restoration plan to ensure that there is adequate native tree or native shrub cover in areas where a tree or trees are removed. Retention of snags are encouraged if they do not pose a threat to life or property; (vi) 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; (vii) 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 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: Commented [GB10]: WDFW 12/16/25- change made Commented [GB11]: WDFW 12/16/25- made comment in section 18.22.630(5)(a)(iii) about minor pruning in FWHCA. DCD addressed their comments in the exemptions section for tree removal by adding pruning/tree trimming to this section since it applies also to geohazard and wetlands sections. Change made Commented [GB12]: WDFW 12/16/25 – added retention of old and damaged trees (snags) when safe – change made (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 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 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 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; Commented [GB13]: Joe Holtrop, 12/16/25 – further Commented [GB14]: Joe Holtrop, 12/16/25 – further (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. (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 Commented [GB15]: WDFW 12/16/25 – Change made 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 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. Proposal 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. (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 all ecological functions and values or protective measures provided by the 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 ifof 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 Commented [GB16]: WDFW 12/16/25- changes made Commented [GB17]: WDFW12/16/25 – change may to should – no changes Commented [GB18]: WDFW 12/16/25 – Change made 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.