HomeMy WebLinkAboutAg 18.22.800 to 820Article VIII. Agriculture
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: