HomeMy WebLinkAboutWORKSHOP re Amendment to Critical Areas Ordinance documentsChapter 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 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)]
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.
(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 in optional consolidated permit processing outlined in section 18.40.030(2) JCC.
(4) DCD shall review all applications for development, land disturbing activity or a use submitted to:
(a) Confirm the nature and type of the critical area;
(b) Evaluate any required assessments, reports, or studies;
(c) Determine whether the development application is consistent with this chapter;
(d) Determine whether any additional information is needed to process the development
application; and,
(e) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the critical area and associated buffer as well as public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter.
(5) If development has the potential to impact a critical area or its associated buffer, the
administrator may require a special report to ensure the protection requirements of this chapter are
met. Critical area special reports are subject to all of the following requirements:
(a) The applicant shall submit a special report when required by this chapter;
(b) The report shall be evaluated by DCD to determine if all potential impacts to the critical area or associated buffer have been addressed in the special report;
(c) DCD shall review the impacts of the proposed development for compliance with mitigation
requirements (as defined in JCC 18.10.130) to determine if the mitigation plan sufficiently addresses the potential impacts; and
(d) Ensure that the submittal for the critical area is consistent with other documentation submitted as part of the development application and requirements for a complete application
in chapter 18.40 JCC.
(6) At every stage of the development review process, the burden of demonstrating that a development is consistent with this chapter is upon the applicant. [Ord. 5-20 § 2 (Appx. A)]
(7) Compliance with this chapter and permit conditions shall be required for any permit issued by DCD. A final building certificate of occupancy shall not be issued until the mitigation proposal
has been implemented per the approved mitigation plan and building permit conditions. Other development and stand-alone critical area review shall be required to ensure the mitigation proposal was properly implemented and all permit conditions pertaining to critical areas and buffers have been followed prior to any land use disturbance or use of the property. An approved stand-alone critical areas review shall be completed to satisfy the requirements of this chapter.
18.22.230 Exemptions from all types of critical area requirements.
(1) Requirement for frequently flooded areas. Any development or land disturbing activity proposed within frequently flooded areas (i.e., 100-year floodplains or floodway) shall also require a flood permit application to be submitted to DCD. This requirement applies to the proposed
exemptions listed in subsection (3) of this section.
(2) It is the responsibility of the applicant to provide sufficient information for the administrator to determine that one of the exemptions listed in subsection (4) of this section applies.
(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. With the exception of new agricultural activities, existing agricultural activities, as defined in JCC 18.10.010, may continue in substantially the same manner; provided, the agricultural activities 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 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:
(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 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 receiving all applicable permits
to modify the critical area;
(k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated as a FWHCA or wetlands;
(l) Recreational uses without any adverse impact to a critical area. Recreational uses that do
not cause any adverse impact to a critical area is exempt. Examples include, but are not limited
to, such recreational uses as swimming, canoeing, kayaking, hunting, and fishing (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, that all of the following conditions are met:
(i) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson County Noxious Weed Control Board, 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 handheld machinery and the planting native vegetation is exempt. Invasive plants include those listed by the Jefferson County Noxious Weed Board
and/or Washington State University Extension invasive forest weed resources. Examples of
invasive species include: Butterfly Bush, English Holly, English Ivy, Herb-Robert, Himalayan Blackberry, Tansy Ragwort, Shiny Geranium, etc. or as determined by qualified agency or a qualified professional, and approved by the administrator.
(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
(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;
(iv) A habitat management plan or a mitigation plan;
(v) 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:
(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 all the requirements for the exemption;
(c) Determine that the development, land disturbing activity or use is closely allied or similar to any activity in the list in subsection (7) of this section, even if the proposed activity does
not meet the precise terms of an activity listed as exempt in subsection (7) of this section;
provided the activity does not impact the functions and values of any critical area or its associated buffer; and
(d) Take enforcement action under title 19 JCC for any development, land disturbing activity or use located within or containing a critical area or its associated buffer that does not meet
exemption requirements.
The decisions in subsections (a), (b), and (c) of this subsection are Type I land use decisions under JCC 18.40.040.
18.22.240 Nonconforming uses and structures.
(1) Any legal use or legal structure in existence on the effective date of this chapter that does not
meet the critical area or its associated buffer shall be considered a legal nonconforming use.
(2) Applicants who prove to the satisfaction of the administrator that the use or structure was legal prior to the effective date of this chapter may continue.
(3) A legal nonconforming use or structure may be maintained or repaired as allowed by this
chapter. This may include meeting the provisions of JCC 18.20.260.
(4) A legal nonconforming use or structure that has been damaged or destroyed may be restored to a lawfully established prior condition and the immediately previous use may be resumed in accordance with nonconforming provisions of JCC 18.20.260.
(5) Nonconforming uses and structures in a critical area or its associated buffer that are under the
jurisdiction of the Shoreline Management Act shall follow JCC 18.25.660 (Nonconforming
development).
18.22.250 Buffer variance types and criteria.
(1) Applications for a variance shall be made on forms approved by the administrator and shall
contain all of the information required in JCC 18.40.100 and in this subsection (1):
(a) All applications for a variance shall include a restoration plan, habitat management plan or mitigation plan consistent with the provisions of Article IX Special Reports of this chapter. The application for a variance shall be processed pursuant to chapter 18.40 JCC (Application and Review Procedures).
(b) Applications for a variance under this section may be pursued only if buffer averaging
is not feasible. Buffer averaging is not considered a variance.
(c) Applications for a Type I Administrative variance or a Type III critical area variance shall satisfy all of the requirements in subsection (2) of this section.
(2) Variance criteria
Prior to the granting of a variance, the applicant shall demonstrate that all of the following criteria
have been met:
(a) Failure to grant the variance would result in an extraordinary hardship to the applicant;
(b) The extraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and
the application of this chapter, and is not, for example, from deed restrictions or the
applicant’s own actions;
(c) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists;
(d) The granting of the variance shall not be materially detrimental to the critical area,
public health, safety, welfare, use or interest; or injurious to the property or improvements
in the vicinity;
(e) The granting of the variance is the minimum necessary to afford relief to accommodate a use allowed under the Comprehensive Plan, chapter 18.45 JCC, Land 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 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 of assessing critical area policies, regulations, and procedures and this process is intended to identify ways of improving critical area protection.
Monitoring of process improvements leads to a feedback loop that can be used to continuously
make improvements. Monitoring includes assessing if permits followed all applicable regulations, if regulations are implemented consistently over time, and if regulations are effectively resulting in no net loss of critical area functions. The County looks to improve processes, and, as funding
and staffing allow, are interested in evaluating regulatory and nonregulatory actions affecting critical area protections.
Article III. Critical Aquifer Recharge Areas
18.22.300 Purpose.
Potable water is an essential life-sustaining element for humans and many other species. Much of Jefferson County’s drinking water comes from groundwater supplies. Critical aquifer recharge areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing
contamination from land uses that may contaminate groundwater is necessary to protect water
supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is the purpose of this article to identify and classify aquifer recharge areas in accordance with WAC 365-190-100 and balance competing needs for land uses and clean water supplies and preserve essential natural functions and processes, especially for maintaining FWHCA. [Ord. 5-20 § 2
(Appx. A)]
18.22.310 Classification and designation.
Critical aquifer recharge areas (CARA) have the same meaning as in JCC 18.10.030 C definitions.
The following classifications define critical aquifer recharge areas:
(1) Susceptible Aquifer Recharge Areas. Susceptible aquifer recharge areas are those with geologic
and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation of a Hydrogeologic or Critical Aquifer Recharge Area special report authorized under this article, the following geologic units, as identified from available Washington State Department of Natural
Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) Alluvial fans (Ha);
(b) Artificial fill (Hx);
(c) Beach sand and gravel (Hb);
(d) Dune sand (Hd);
(e) Floodplain alluvium (Hf);
(f) Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) Vashon recessional outwash in melt water channels (Vro);
(h) Vashon ice contact stratified drift (Vi);
(i) Vashon ablation till (Vat);
(j) Vashon advance outwash (Vao);
(k) Whidbey formation (Pw); and
(l) Pre-Vashon stratified drift (Py).
(2) Special Aquifer Recharge Protection Areas. Special aquifer recharge protection areas include:
(a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as
Marrowstone Island;
(b) Special protection areas designated by the Washington State Department of Ecology under chapter 173-200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies
specified by the Washington State Department of Health under authority of chapter 246-290
WAC;
(d) Groundwater management areas designated by the Washington State Department of Ecology in cooperation with local government under chapter 173-100 WAC.
(3) Seawater Intrusion Protection Zones (SIPZ).
(a) Seawater intrusion protection zones are:
(i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings.
(ii) All islands and land area within one-quarter mile of marine shorelines and associated
aquifers together compose the coastal SIPZ.
(b) High Risk SIPZ.
(i) Existing individual groundwater sources with a history of chloride analyses above 200 mg/L are categorized as a high risk SIPZ for development proposed under this code.
(ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses
above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for development proposed under this code.
(c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development proposed under this code.
(4) Connate Seawater Exception. In some cases, high chloride readings may be indicative of
connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a hydrogeologic evaluation demonstrates that high chloride readings in a particular area are due to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ.
(5) Recommendation from the Jefferson County Public Health Department. When the status of an
area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon recommendation from the Jefferson County Public Health Department.
18.22.320 Applicability.
This article applies to any development, land disturbing activity or use within critical aquifer
recharge areas, unless the proposed activity meets any of the exemptions listed in JCC 18.22.230
General exemptions
18.22.330 Protection standards.
(1) General. The following protection standards shall apply to all development, land disturbing activities or uses within a critical aquifer recharge area (CARA) that have the potential to impact
aquifers. These areas include geologic and hydrologic conditions that promote rapid infiltration
of recharge waters to groundwater aquifers, which are vulnerable to contaminations. CARA are areas with a critical recharging effect on aquifers used for potable water. These include special aquifer recharge protection areas for the protection of sole source of drinking water as designated by the federal or the state of Washington.
(2) High impact uses. The uses listed below are considered high impact uses and shall be prohibited
in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area. In areas classified solely as a susceptible aquifer recharge area or a special aquifer recharge protection area, these uses shall require a critical aquifer recharge area report or hydrogeologic special report.
(a) Chemical manufacturing and processing;
(b) Creosote and asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC 18.20.240(2)(h)(iv) and 18.30.170(1) and an accepted special report on
the critical aquifer recharge area or hydrogeologic report);
(c) Dry cleaners;
(d) Electrical battery processing, reprocessing, or storage;
(e) Electroplating and metal coating activities;
(f) Hazardous substance disposal, storage, and treatment facilities;
(g) Junk and salvage yards;
(h) Landfills;
(i) Petroleum product refinement and reprocessing;
(j) Pipelines;
(k) Radioactive disposal or processing of radioactive wastes;
(l) Recycling centers or recycling collection facilities as defined in JCC 18.10.180;
(m) Storage tanks (above or below ground) for hazardous substances or petroleum products;
(n) Tank farms;
(n) Waste piles as defined in WAC 173-303-660; and,
(o) Wood and wood products treatment or preserving.
(3) Other uses. The following uses, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article:
(a) All industrial and commercial uses with the potential to impact groundwater;
(b) All rural residential uses that meet one of the following;
(i) Uses with a locally managed community sewage system;
(ii) Uses with a large on-site sewage system meeting the management requirements of the Washington Department of Health; and,
(iii) All planned rural residential developments. [Ord. 5-20 § 2 (Appx. A)]33
(4) Seawater Intrusion Protection Zones (SIPZ). New development, redevelopment, and new land disturbing activities on islands and in close proximity to marine shorelines where there is a risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge, maintain the saltwater and freshwater balance to the maximum extent possible, and are subject to the
antidegradation policy in accordance with WAC 173-200-030.
(5) Stormwater disposal.
(a) Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in
chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that
facilitates aquifer recharge.
(b) To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline should be required to infiltrate all stormwater runoff on site, except if this would destabilize unstable
slopes. The administrator will consider requests for exceptions to this policy on a case-by-case
basis. The administrator may require a special report that indicates that infiltration of stormwater is unfeasible based on the hazards to slope stability complies with all the requirements of JCC 18.22.930, and demonstrates the project does not pose a threat of seawater intruding landward into aquifers, or other information (like the use of wells in the
areas, availability of public water systems, or proximity to marine waters) when making this
determination.
(6) On-site sewage disposal. All land uses identified in JCC 18.22.320 that are within areas classified as both a special aquifer recharge protection area and a susceptible aquifer recharge area
shall be reviewed by Jefferson County Environmental Public Health Department to ensure the nitrogen requirements in title 8 JCC are met.
(7) Golf courses and other turf cultivation.
(a) Golf courses shall be developed and operated in a manner consistent with the most current edition of “Best Management Practices for Golf Course Development and Operation,” King County Department of Development and Environmental Services.
(b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of
cultivated turf shall be operated in a manner consistent with portions of the aforementioned
best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply.
(8) Above-ground and underground storage tanks.
(a) Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent with the Washington State Department of Ecology’s standards for construction and installation under chapter 173-360A WAC.
(b) Above-ground storage tanks intended to hold or store hazardous substances shall be
provided with an impervious containment system, enclosing and underlying the tank, and ensure other measures are undertaken as prescribed by the Uniform Fire Code which provide an equivalent measure of protection.
(c) Underground storage tanks intended to store hazardous substances shall provide an
impervious tertiary containment system underlying the tanks or ensure that other measures are
undertaken which provide an equivalent measure of protection.
(d) When required under this section, an impervious containment system shall be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the largest single container, whichever
is greater.
(9) Mining and quarrying. For mining and quarrying, required performance standards with groundwater protection best management practices pertaining to operation, closure, and the operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt concrete batch plants, where allowed, are contained in chapters 18.20 and 18.30 JCC.
(10) Hazardous substances. Activities that generate, handle, store, or use hazardous substances,
which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington State Department of Ecology under WAC 173-303-100 (Dangerous waste criteria), or which generate, handle, store or use hazardous substances, shall be required to prepare and submit a hazardous substances management plan that demonstrates that the
development shall not have an adverse impact on groundwater quality. The hazardous substances
management plan shall describe the following:
(a) How hazardous substance(s) shall be managed in a manner consistent with chapter 8.10 JCC and chapter 173-303 WAC;
(b) Screening of any waste suspected of being a regulated dangerous waste as defined in JCC
8.10.100;
(c) Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable material safety data sheets; and
(d) The secondary containment system to be used to prevent releases of hazardous substances
to the ground, groundwater, and surface water.
The facility owner shall update the hazardous materials management plan annually and provide the updated plan to the department on or before the next January 1st, after the plan is updated.
(11) Well drilling, subdivisions, and building permits in SIPZ.
(a) Well drilling. The Washington State Department of Ecology regulates well drilling
pursuant to the Water Well Construction Act. Proposed wells, including those exempt from
permitting requirements, shall be sited at least 100 feet from “known or potential sources of contamination,” which include “sea-salt water intrusion areas” (WAC 173-160-171), unless a variance is obtained from the Washington State Department of Ecology per WAC 173-160-106.
(b) Subdivisions. Applications for division of land (chapter 18.35 JCC) in coastal, at risk, and
high risk SIPZ shall include specific and conclusive proof of adequate supplies of potable water and the applicant shall provide a special report that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water shall not cause degradation of the aquifer by
seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant
demonstrates that public water is available for the entire project.
(c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, DCD, in consultation with the Jefferson County Environmental Public Health Department shall only allow land division on the island if public
water connections are provided to each lot of a proposed project and all existing wells within
the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided.
(d) Building Permits.
(i) Evidence of potable water may be an individual well, connection to a public water
system, or an alternative system. Whatever method is selected, the regulatory and
operational standards for that method shall be met and the department will work in consultation with the Jefferson County Public Health Department. Identification of well interference problems and impairment to senior rights is the responsibility of the Washington State Department of Ecology. If the possibility of a problem is suspected, the
local permitting authority should contact the Washington State Department of Ecology, as
required by RCW 19.27.097.
(ii) All types of building permits that require proof of potable water use, as per RCW 19.27.097, are subject to this article.
(e) All of the following voluntary and mandatory measures for mitigating seawater intrusion
apply to development are required within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in addition to all existing applicable health codes:
(i) Coastal SIPZ.
(A) Voluntary actions. Voluntary actions may include but are not limited to:
(I) Water conservation measures;
(II) Ongoing well monitoring for chloride concentration; and,
(III) Submittal of data to the DCD.
(B) Mandatory actions.
(I) For proof of potable water on a building permit application, applicant shall
utilize Washington State Department of Health-approved public water system if
available;
(II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to all of the following requirements:
1. Chloride concentration of a laboratory-certified well water sample
submitted with building permit application; and,
2. Installation of source-totalizing meter (flow);
(III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(ii) At risk SIPZ.
(A) Voluntary actions.
(I) Water conservation measures.
(B) Mandatory actions.
(I) For proof of potable water on a building permit application, the applicant shall
utilize a Washington State Department of Health-approved public water system
if available;
(II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to all of the following requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application;
2. Installation of a source-totalizing meter (flow);
3. Ongoing well monitoring for chloride concentration; and
4. Submittal of flow and chloride data to the County per monitoring program.
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iii) High risk SIPZ.
(A) Mandatory actions.
(I) Water conservation measures;
(II) For proof of potable water on a building permit application, applicant shall
utilize a Washington State Department of Health-approved public water system
if available;
(III) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may only be used as proof of potable water subject to all of the following requirements:
1. Variance from the title 173 WAC standards granted by the Washington State
Department of Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline) and with the submittal of a hydrogeologic
evaluation that satisfies all the requirements or a hydrogeologic evaluation
contained in JCC 18.22.930(2)(b);
2. For an existing groundwater well not subject to a Washington State Department of Ecology variance, the applicant shall provide a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC
18.22.930(2)(b), which shall be transmitted to the Washington State Department
of Ecology for review, demonstrating that use of the well does not cause any detrimental interference with existing water rights and is not detrimental to the public interest;
3. Chloride concentration of a laboratory-certified well water sample submitted
with building permit application;
4. If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit, then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S. Environmental
Protection Agency secondary standard (250 mg/L) under the National Secondary Drinking Water Regulations;
5. Installation of a source-totalizing meter flow;
6. Ongoing well monitoring for chloride concentration;
7. Submittal of flow and chloride data to the County per monitoring program; and
(IV) If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
(iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high
risk SIPZ, and the island is served by public water, proof of potable water connection to the public water supply will be required for all lots in the project.
(12) Mitigating conditions. The administrator may require additional mitigating conditions, as needed to provide protection to all critical aquifer recharge areas and to ensure that the subject
land or water use action will not pose a risk of significant adverse groundwater quality impacts.
The determination of significant adverse groundwater quality impacts will be based on the antidegradation policy included in chapter 173-200 WAC.
(13) Quilcene-snow water resource inventory area (WRIA 17) in-stream flow rule. All applications required to provide proof of potable water or source water approval shall meet all County and state
requirements, including WRIA 17 in-stream flow rule in chapter 173-517 WAC at the time of
application. All applications involving water use shall be reviewed by the Jefferson County Public Health Department for compliance with County and state requirements.
(14) Results of DCD’s review of a special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan. The applicant shall submit
a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous substances management plan to be reviewed by the County and DCD shall either:
(a) Accept the special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan and approve the application; or
(b) Reject the special report on a critical aquifer recharge area, a hydrogeologic evaluation or
a hazardous substances management plan and require revisions or additional information.
(15) Authority for denial. In all critical aquifer recharge areas, the administrator may deny approval if the protection standards contained in this section or added mitigating conditions cannot prevent significant adverse groundwater quality impacts.
Article IV. Frequently Flooded Areas
18.22.400 Purpose.
The purpose of this article is to protect the public health, safety and welfare from harm caused by flooding and to establish protection standards for these areas. It is the intent of this article to prevent damage or loss to people, property, infrastructure, and federally-listed species and to ensure
compliance with Federal Emergency Management Agency (FEMA) requirements. [Ord. 5-20 § 2 (Appx. A)]
18.22.410 Classification and designation.
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas
where high groundwater forms ponds on the ground surface. Frequently flooded areas perform
important hydrologic functions and may present a risk to persons and property. Flood hazard areas are depicted on FEMA Flood Insurance Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year floodplain designations of FEMA and the National Flood Insurance Program. [Ord. 5-20 § 2 (Appx. A)]
18.22.420 Applicability.
This article applies to any development within frequently flooded areas, unless the proposed activity meets any of the exemptions listed in chapter 15.15 JCC. The flood damage prevention ordinance (chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365-
190-110(1)) through directly considering the effects of flooding on human health and safety, together with effects on public facilities and services, through its protection standards. For purposes of this article, “development” is defined as any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials,
subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics. [Ord. 5-20 § 2 (Appx. A)]
18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and
additional requirements.
This chapter incorporates by reference the classification, designation and protection provisions
contained in the County flood damage prevention ordinance (chapter 15.15 JCC) with the
following additions:
(1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with FEMA regulatory requirements. Such flood hazard areas shall be subject to the requirements of the flood
damage prevention ordinance (chapter 15.15 JCC).
(2) Compliance with national marine fisheries service biological opinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to federally listed fish and wildlife species and habitats as required by the National Marine Fisheries Service (NMFS) September 22, 2008, final Biological Opinion (BiOp) under the Endangered Species Act (ESA)
on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-
00472 (or as amended by NMFS)).
(3) Habitat assessment requirements.
(a) A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a special
flood hazard area (floodplain), as mapped by FEMA.
(b) The administrator may request federal assistance in reviewing the submitted habitat assessment.
(c) The administrator may waive the requirement to submit a habitat assessment only if:
(i) The entire proposal meets one of the exemptions listed in chapter 15.15 JCC;
(ii) The proposal requires a federal permit that is reviewed by federal agencies responsible
for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act);
(iii) A habitat assessment previously has been prepared and the proposed project clearly
fits within the nature and scope of that habitat assessment; or
(iv) If FEMA approves an alternate process for the County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment. [Ord. 5-20 § 2 (Appx. A)]
Article V. Geologically Hazardous Areas
18.22.500 Purpose.
The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage
to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. Since the elimination of all risk from geologic hazards is not feasible to achieve, the purpose of this article is to reduce the risk to acceptable levels. [Ord. 5-20 § 2
(Appx. A)]
18.22.510 Classification/designation.
Geologically hazardous areas have the same meaning as in JCC 18.10.070 G definitions.
Unless specifically noted below, principal sources of geologically hazardous areas mapped information are the Washington State Department of Natural Resources Geologic Hazard Maps (https://dnr.wa.gov/washington-geological-survey/geologic-hazards-and-environment/geologic-
hazard-maps).
Geologically hazardous: The following classification and designation criteria are considered when classifying geologically hazardous areas:
(1) Erosion hazard areas (as defined in JCC 18.10.050)
(2) Landslide hazard areas (as defined in JCC 18.10.120). Landslide hazard areas include any
areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, as follows:
(a) Areas of historic failures, such as:
(i) Areas delineated by United States Department of Agriculture, Natural Resources
Conservation Service as having a significant limitation for building site
development;
(ii) Coastal areas mapped by the Washington Department of Ecology Coastal Atlas as unstable, unstable old slides, and unstable recent slides; or
(iii) Areas designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or landslide hazards by the Washington Department of Natural Resources
or the United States Geological Survey.
(iv) Composite layer produced from the SCS Soils source coverage for soil types in Eastern Jefferson County, the Department of Ecology Coastal Zone Atlas of Jefferson County, and a review of topographic contours indicating steep slopes. This composite layer does not give detailed attributes, but it does give an attribute
with a rating factor which is a weighted probable problem rating based on severity of slope.
(b) Areas where all three of the following conditions occur:
(i) Slopes are steeper than 15 percent;
(ii) Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
(iii) Spring or groundwater seepage.
(c) Areas that have shown movement during the Holocene epoch (from 10,000 years ago to present) or have been underlain or covered by mass wastage debris of this epoch.
(d) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding
planes, joint systems, and fault planes) in subsurface materials.
(e) Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking.
(f) Areas that are potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones.
(g) Areas that show evidence of, or are at risk from, snow avalanches.
(h) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding.
(i) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of bedrock.
(3) Seismic hazard areas (as defined in JCC 18.10.190). Seismic areas are areas subject to
damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, and tsunamis.
18.22.520 Applicability. (1) Any development, land disturbing activity or use within a geologically hazardous area or its
associated buffer shall be subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.530 Protection standards. Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial
development consistent with public health or safety concerns.
(1) General Standards for Erosion Hazard and All Landslide Hazard (slight, moderate and high) (a) Clearing, Grading and Vegetation Removal.
(i) Within landslide hazard areas only minor pruning of vegetation for view
enhancement may be allowed through consultation with the department. The
thinning of limbs on individual trees is preferred to topping of trees for view corridors. Total buffer thinning shall not exceed 25 percent and no more than 30 percent of the live tree crowns shall be removed.
(ii) Vegetation shall not be removed from a landslide hazard area, except for hazardous trees based on review by a certified arborist or as otherwise provided for
in a vegetation management and restoration plan as determined by DCD.
(iii) Development, land use activities or uses shall not be allowed in landslide hazard areas or their associated buffers unless a geotechnical report or engineered stormwater plan (special report) demonstrates that building within a landslide hazard area will provide protection commensurate to being located outside the
landslide hazard area and meets the requirements of this section. This may include
proposed mitigation measures.
(iv) Seasonal Restrictions. Clearing and grading shall be limited to the period between May 1st and October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state
of Washington that specifically and realistically identifies methods of erosion
control for wet weather conditions.
(v) Only the clearing necessary to install temporary erosion control measures will be allowed prior to clearing for roads and utilities construction.
(vi) The faces of cut and fill slopes shall be protected to prevent erosion as required
by the engineered erosion and sedimentation control plan.
(vii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits.
(viii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances for the serving
utility corridor.
(b) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a geological assessment may be required prior to use as a temporary haul road or permanent access road under a conversion or conversion option harvest plan pursuant to JCC 18.20.160.
(c) The department may also require:
(i) Clustering of development to increase protection to geologically hazardous areas; or
(ii) Enhancement of buffer vegetation to increase protection to geologically hazardous areas.
(d) The provisions in this section are in addition to those required in JCC 18.30.060,
Grading and excavation standards, and JCC 18.30.070, Stormwater management standards.
(e) If there is a conflict between applicable published standards, the more restrictive protection requirement applies.
(f) Drainage and Erosion Control.
(i) An applicant for development shall also submit, and have approved, a stormwater site plan that meets all the requirements of JCC 18.30.070(4)(e), when
the project application involves either of the following:
(A) The alteration of a high or moderately high geologically hazardous area or its associated buffer; or
(B) The creation of a new parcel within a high or moderately high geologically hazardous area; and
(ii) Shall discuss, evaluate, and recommend methods to minimize sedimentation of
adjacent properties during and after construction.
(iii) Surface drainage shall not be directed across the face of a marine bluff that is mapped as high or moderate erodible or susceptible to landslide or debris flow. The applicant shall demonstrate that the stormwater discharge cannot be accommodated
on site or upland by evidence presented in a geological assessment as required by
JCC 18.22.945, unless waived by the administrator. If drainage shall be discharged from a bluff to adjacent waters, it shall be collected above the face of the bluff and directed to the water by tight line drain and provided with an energy dissipating device at the shoreline, above the ordinary high water mark (OHWM).
(iv) The applicant shall clearly demonstrate in the geological assessment that stormwater quantity, quality, and flow path post-construction will be comparable to pre-construction conditions.
(v) Stormwater conveyance through a properly designed stormwater pipe when no other stormwater conveyance alternative is available. The pipe shall be located
above ground and be properly anchored or designed so that it will continue to
function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in increased risk of mass wasting activity.
(g) Vegetation Retention. All of the following provisions regarding vegetation retention
shall apply:
(i) During clearing for roadways and utilities, all trees and understory vegetation lying outside of approved construction limits shall be retained to the maximum extent practicable;
(ii) Clearing limits, as shown on the approved site plan, shall be marked by orange
construction barrier fencing to be installed prior to beginning any land disturbing
activities, including but not limited to clearing and grading;
(iii) Vegetation within identified clearing limits may be removed upon permit issuance. All vegetation within the high or moderate geologically hazardous area or its associated buffer, but outside the marked clearing limits, shall be retained.
Cleared vegetation shall not be placed within a high or moderate geologically
hazardous area unless it is used as part of a mitigation plan consistent with other
critical area mitigation provisions, is reviewed by the geotechnical professional, and is approved by the administrator; and,
(iv) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation
removal outside of a high risk CMZ shall not be reviewed under this article. Should this provision conflict with other vegetation retention requirements specified elsewhere within this title, the more restrictive protection requirement applies.
(2) Landslide hazard protection standards for moderate and high hazard.
(a) Top of Slope Building Setback. All development activities or actions that require project
permits or clearing in erosion and landslide hazard areas shall provide native vegetation from the toe of the slope to 25 feet beyond the top of slope, with an additional minimum 15-foot building and impervious surface setback, unless otherwise allowed through a geologic assessment. The minimum setback from the top of the slope shall be as follows:
(i) For high landslide hazard areas, the setback shall be equal to the height of the slope (1:1
horizontal to vertical) plus the greater of one-third of the vertical slope height or 25 feet.
(ii) For moderate landslide hazard areas, the setback shall be 40 feet from the top of slope.
(b) Building setback from toe of slope. The setback shall be equal to half the height of the slope (1:1 horizontal to vertical) plus 15 feet (per IBC 1808.7).
(c) Larger native vegetation width may be required. The department may require a larger native
vegetation width than the standard buffer distance as determined above if any of the following are identified through the geological assessment process:
(i) The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts;
(ii) The area has a severe risk of slope failure or downslope stormwater drainage impacts;
or
(iii) The minimum native vegetation width or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the
erosion or landslide hazard area. The department may decrease the setback when such a
setback would result in a greater than 1:1 slope setback.
(d) Reducing buffer widths. The administrator may reduce geologically hazardous area buffers as follows:
(i) Buffers may be reduced with a geotechnical report prepared by a geotechnical
professional with a state stamp; provided, the geotechnical report identifies
recommendations for preventing or minimizing risks post-development. The geotechnical report should at a minimum include: the marking of the top or toe of the slope adjacent to the proposed development, land disturbing activity, or use; the setback of structures from the landslide hazard area; the limits to removal of natural vegetation; the location of septic
system and other utilities; limits to the timing of land disturbing activity and construction;
and the location and method of stormwater management; unless waived by the administrator.
(ii) The administrator may require a third-party review based on JCC 18.22.930 or the
applicant enters into an indemnity and hold harmless agreement with the County that is approved by the County’s risk manager and the prosecuting attorney. If the administrator requires a third-party review of the geotechnical report, the administrator shall be responsible for identifying and transmitting the geotechnical report to the third-party
reviewer.
(e) Increasing buffer widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a geologically hazardous area and to reduce risks to public safety and welfare. Information that may be used to support this determination, includes but is not limited to:
(i) The landslide area is unstable and active;
(ii) The adjacent land is susceptible to severe landslide or erosion, and erosion control measures will not effectively protect the proposed project from the risks posed by the landslide hazard area; and
(iii) The adjacent land has minimal vegetative cover.
(f) with the exception of engineered tight-lines for stormwater, new utility lines are allowed
within a landslide hazard or its associated buffer through a critical area variance under JCC 18.22.250. Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope
instability or result in a risk of mass wasting. Such utility lines may be permitted only when
the applicant demonstrates that no other feasible alternative is available to serve the affected population. This would include finding and recommendations in the geotechnical report that the proposed development will not impact the slope stability of the slope of the surrounding area.
(g) New access roads are allowed within a landslide hazard or its associated buffer through a
variance. Access roads and trails that are engineered and built to standards that minimize the need for major repair or reconstruction beyond that which would be required in nonhazardous areas. Access roads and trails may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of chapter 8.24 RCW. If such
access through critical areas is granted, exceptions or deviations from technical standards for
width or other dimensions and specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required.
(h) Buffer marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing activity, or uses and to provide notice of the location of buffers, DCD may
require any of the following:
(i) Showing the location of the critical area and buffer on all approved site plans adjacent to development or land disturbing activity;
(ii) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon
buffers;
(iii) Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial, industrial development or uses, or for development or uses on public lands. This is intended to ensure that the public knows the location of the buffers.
(iv) Record a notice to title on the property with the Jefferson County Auditor prior to
approval of the application, if the landslide hazard areas are not identified in the
development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their associated buffers.
(3) Seismic hazard areas protection standards.
(a) The placement of buildings or structures meet the requirements of title 15 JCC.
(b) Critical facility necessary to protect public health, safety and welfare shall be allowed only
when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to these facilities from earthquakes. This includes, but not limited to, schools, hospitals, police stations, fire departments and other emergency response facilities, nursing homes, and hazardous material storage or production.
(c) Public roads, bridges, utilities, and public facilities shall be allowed when there are no
feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to roadway, bridge, and utility structures, will not be susceptible to damage from seismically induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and
Transportation Officials (AASHTO) Manual or another appropriate document.
Tsunami hazard areas protection standards.
(a) Public roads, bridges, utilities, and public facilities shall be allowed when there are no
feasible alternative locations, and geotechnical analysis and design are provided that
minimize potential damage to roadway, bridge, and utility structures, and public facilities
will not be susceptible to damage from inundation.
(b) For development within tsunami hazard areas the proposed development shall be designed
to provide protection from the tsunami hazard that meets the projected hazard on the
Washington Department of Natural Resources Tsunami Inundation Maps.
(c) For other low-lying coastal areas not included on the inundation maps, development shall
be designed to provide protection for debris impact and an inundation as determined by
current Washington Department of Natural Resource modeling, unless other measures can
be shown to provide equal or greater protection. [Ord. 5-20 § 2 (Appx. A)]
Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600 Purpose.
The purpose of this article is to:
(1) Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat and protecting the ecological processes, functions and values, and biodiversity that sustain these resources.
(2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams and
their associated riparian areas, corridors for Washington State Department of Fish and Wildlife
(WDFW) Priority Species, state or federally listed species and the ecosystem processes on which these areas depend.
(3) Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are minimized.
(4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife
habitat and ensure no net loss of ecological functions and values of such important habitats, including net losses through cumulative impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.610 Classification and designation.
FWHCAs are areas that serve a critical role in sustaining needed habitats and species for the
functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the
species will persist over the long term. FWHCAs may include, but are not limited to, rare or vulnerable ecological systems, communities, habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and, areas with high relative population density or species richness. FWHCAs does not include such artificial features or structures as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie
within the boundaries of, and are maintained by, a port district, drainage district, or irrigation district or company.
(1) The following are designated as FWHCAs:
(a) Areas where federally listed species (endangered and threatened) and state-listed species
(endangered, threatened, and sensitive species) have a primary association. This may also
include candidate species as listed on WDFW Priority Habitats and Species (PHS) program;
(b) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (chapter 76.09 RCW and title 222 WAC);
(c) Commercial and recreational shellfish areas;
(d) Kelp and eelgrass beds;
(e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas;
(f) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat;
(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
(h) State natural area preserves, natural resource conservation areas, and state wildlife areas; and
(i) Species and habitats of local importance designated pursuant to the process delineated in Article IX (Special Reports) of this chapter.
(2) Designated FWHCAs and their associated buffers that are within shoreline jurisdiction are
regulated under the shoreline master program in chapter 18.25 JCC, and in circumstances where this chapter conflicts with the shoreline master program, the provisions of the shoreline master program shall prevail.
(3) Sources for Identification. The following sources should be used to identify potential FWHCA
locations. These maps are informational only and site evaluations by a qualified professional (i.e.
DNR, WDFW, Ecology, Tribes, etc.) or wildlife biologist shall be used to determine compliance with this article. Sources include, but are not limited to:
(a) Jefferson County Critical Areas mapping;
(b) Washington State Department of Natural Resources (DNR) interim Forest Practice Water
Typing in WAC 222-16-030;
(c) Washington State Department of Ecology’s Washington State Hydrography Dataset Program (WASHD).
(d) Washington State Department of Fish and Wildlife, Priority Habitats and Species maps and lists;
(e) Washington State Department of Fish and Wildlife, forage fish spawning maps;
(f) Washington State Department of Ecology, Coastal Atlas online mapping;
(g) United States Department of the Interior, Fish and Wildlife Service, Information for Planning and Consultation;
(h) United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service Species and Habitat App; and,
(i) Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish Distribution map.
18.22.620 Applicability.
(1) Any development, land disturbing activity or use in a FWHCA or its associated buffer shall be
subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.630 Protection standards.
(1) General. An application for development, land disturbing activity, or use on a parcel of real
property containing a designated FWHCA or its associated buffer shall adhere to the all of the
requirements set forth below.
(2) Types of special reports for FWHCA. When a development, land disturbing activity or use is proposed on lands which may contain a FWHCA or its associated buffer, an on-site habitat evaluation may be required to determine if a FWHCA or its associated buffers occur in the project
area. When required by this section, an applicant shall submit a report documenting the results of
an on-site habitat evaluation conducted by a qualified professional or wildlife biologist pursuant to the special report requirements found in Article IX (Special Reports) of this chapter for review and approval by the DCD. Based on the results of the on-site evaluation, a special report shall be prepared by a qualified professional or wildlife biologist and shall be one of the following:
(a) Habitat reconnaissance letter. This type of report shall be used if the field evaluation
determines that no regulated FWHCA or buffer is present in the proposed project area, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a qualified professional or wildlife biologist based on requirements
presented in Article IX (Special Reports) of this chapter;
(b) Habitat management plan. This type of report shall be used if the field evaluation determines that any portion of the development occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat
management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter;
(c) Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer may be prepared by a qualified professional, agency, or wildlife biologist. The plan shall be reviewed and approved by DCD;
(d) Dive survey. If the proposed use, development, or activity occurs in marine water, a dive
survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. The results of the survey shall be described in a special report and supported by photos taken underwater; or
(e) Use of best available information. If the potential FWHCA is located off of the property
involved and is inaccessible, the best available information shall be used to determine the FWHCA boundary and any buffer.
(3) Vegetation retention required within a FWHCA or its buffer. Compliance with all of the following regarding vegetation retention is required:
(a) Vegetation within a FHWCA or its associated buffer shall be retained to the extent
practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA
or an associated buffer shall be approved by DCD;
(b) Altering the habitat conditions (existing functions and values) of a FWHCA or its associated buffers without prior approval by DCD is prohibited;
(c) All trees and understory vegetation lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities; provided, understory vegetation damaged during approved clearing operations may be pruned; and
(d) Damage to FWHCA 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.
(4) Buffer marking. To ensure that buffers are not impacted by adjacent new development or new land disturbing activity and to provide notice of the location of buffers, DCD may require any of the following:
(a) Showing the location of the critical area and buffer on all approved site plans adjacent to
development or land disturbing activity;
(b) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers;
(c) Posting signs along the buffer edge adjacent to the development or land disturbing activity
for commercial, industrial development or uses, or for development or uses on public lands.
This is intended to ensure that the public knows the location of the buffers.
(d) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the FWHCA is not identified in the development application or on the County’s GIS mapping system. This is intended to disclose to future buyers the existence of
critical areas and their potential associated buffers.
(5) Buffers – standard requirements. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with this chapter based on all of the following requirements:
(a) General buffers.
(i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect
the integrity, functions, and values of the resource, consistent with the requirements in Tables 18.22.630(1) and 18.22.630(2) of this section.
(ii) A building setback line of five feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within
setback areas.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation (as outline is Section 18.22.230(3)(q) JCC) to enhance views or provide access may be permitted as long as the function and character of the buffer are not diminished.
(iv) Lighting shall be directed away from the FWHCA.
(b) Standard buffers for FWHCAs.
(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the FWHCA functions and values at the time of the proposed activity.
When a buffer lacks adequate vegetation to protect critical area functions, the administrator may require additional documentation before allowing a proposal for buffer reduction or buffer averaging.
(ii) The standard buffer shall be measured landward horizontally from the ordinary high-
water mark (OHWM),channel migration zone (CMZ), or from the outer edge of the
FWHCA as identified in the field. The following standard buffer width requirements are established for streams; provided, portions of streams that flow underground may be exempt from these buffer standards at the administrator’s discretion when it can be demonstrated that no adverse effects on aquatic species will occur.
Table 18.22.630(1): Required Buffer Widths for Stream Types*
Stream Type Buffer Width (feet)
Type “S” – Shoreline Streams 150
Type “F” – Fish Habitat Streams:
Urban Growth Areas: LAMIRD
Other (Rural) Areas
150 150
200
Type “Np”– Non-Fish Habitat Perennial Streams 100
100 Type “Ns” – Non-Fish Habitat Seasonal Streams
*Note:
(a) The buffers above shall apply to culverted streams.
(b) The buffers above shall not apply to lawfully established piped streams. The burden of proof is on the applicant to show that the pipe was lawfully established; failure to demonstrate compliance with this requirement shall result in buffers being required.
(c) Stream type shall be determined using the criteria in WAC 222-16-030,
WASHD, or as outlined in Section 18.22.620(3) JCC.
(iii) Buffers for non-stream FWHCAs. The administrator shall determine appropriate
buffer widths for non-stream FWHCAs based on the best available information. Buffer widths for non-stream FWHCAs shall be as follows in Table 18.22.630(2):
Table 18.22.630(2): Required Buffers for Other FWHCAs Types
FWHCA Type Buffer requirement in feet1
Areas where federally listed (endangered and threatened) species or state-listed (endangered, threatened, and sensitive) species have a primary association
150 from edge of FWHCA
Commercial and Recreational Shellfish Areas 150
Native Kelp and Native Eelgrass Beds
No buffer for non-native kelp and non-native eelgrass beds.
25 from each patch.
Surf Smelt, Pacific Herring, and Pacific
Sand Lance Spawning Areas
150
Non-Shoreline Natural Ponds and Lakes: (Under 20 Acres)2
Lakes and ponds that have a direct surface
connection to a fish-habitat stream segment Lakes and ponds that have only a direct surface connection to a non-fish-habitat
stream segment:
Other lakes and ponds
200
100
50
Shoreline Natural Ponds and Lakes (20
Acres and Larger) (along with any
submerged aquatic beds serving as fish or wildlife habitat)
100
Natural Area Preserves and Natural
Resource Conservation Areas3
N/A
Designated Habitats of Local Importance4 Case by case basis
Footnote 1: measured landward of OHWM unless specified Footnote 2: Includes any submerged aquatic beds serving as fish or wildlife habitat Footnote 3:Buffers shall not be required adjacent to these areas. These areas are assumed to
encompass the land required for species preservation. Footnote 4: The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case-by-case basis.
(6) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffer widths adjacent to a
FWHCA area up to 25 percent when all of the following criteria are met:
(i) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied
during the siting and design of the proposed project. To the extent practicable, that may
include consideration all of the following avoidance and minimization measures:
(A) Trees and other existing native vegetation are avoided, and development, land disturbing activities, and uses are placed on existing road grades, utility corridors, or other developed lands if present; or
(B)The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the buffer or FWHCA and decreased adjacent to the lower functioning or less-sensitive portion; and
(ii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iii) The development is designed to separate and screen impacts such as noise, glare,
and vegetation trampling of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography
or existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130;
(iv) The total area contained in the buffer after averaging is no less than that which would
be contained within the standard buffer area and all increases in buffer dimension are
parallel to the FWHCA;
(v) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function;
(vi) The buffer averaging is necessary due to site constraints caused by existing physical
characteristics such as slope, soils, vegetation, or existing legally permitted development;
(vii) The slopes adjacent to the FWHCA within the buffer area are stable;
(viii) Buffer averaging of reduced buffers shall not be allowed; and
(ix) The modified buffer shall meet the well vegetated buffer standard, which is comprised of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed
enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve
this standard. This plan shall include a 5-year monitoring plan to ensure that standards are met.
(b) The administrator shall have the authority to average buffer widths adjacent to a FWHCA
area up to 50 percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed
enhanced condition at maturity. This shall also include the removal of invasive non-native
plants (e.g., Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve this standard. This plan shall include a 5-year monitoring plan to ensure that standards are met;
(iii) Allows for the natural movement of a stream within its floodplain or channel migration
zone;
(iv) Separates development from potential flooding impacts taking climate resilience measures into consideration;
(v) Limits visual, auditory, and direct intrusion between critical areas and developed
environments;
(vi) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat and protects important wildlife habitat components for species dependent on or associated with wetland, marine, and riverine environments;
(vii) Protects wildlife movement corridors; and
(viii) Does not significantly impact erosion and landslide hazard areas adjacent to the
critical area.
(7) When buffer reduction may be allowed.
The administrator has the authority to reduce standard buffer widths outlined in Table 18.22.630(1) and Table 18.22.630(2) at the location of a proposed development on a case-by-case basis up to
25 percent. The decision to reduce standard buffer widths of up to 25 percent shall be processed as a Type I land use decision under JCC 18.40.040.
Table 18.22.630(3): Reduced Buffers for FWHCAs
FWHCA Type Reduced Buffer Width (feet)1
Type “F” – Fish Habitat Streams Other (Rural) County Areas: 150
Type “Np”– Non-Fish Habitat Perennial Streams 75 Type “Ns” – Non-Fish Habitat Seasonal Streams
Non-Shoreline Natural Ponds and Lakes (Under 20
Acres) Lakes and ponds that have a direct surface connection to a fish-habitat stream segment:
Lakes and ponds that have only a direct surface
connection to a non-fish-habitat stream segment:
150
75
Footnote 1 measured landward from the OHWM
Applicants for a reduced buffer shall demonstrate in a habitat management plan to the satisfaction of the administrator that all of the following criteria are met:
(a) Buffer averaging is not feasible;
(b) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied
during the siting and design of the proposed development, which may include consideration of all or the following avoidance and minimization measures:
(i) Trees and other existing native vegetation are avoided, and alterations are placed on existing road grades, utility corridors, or other developed lands if present;
(ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of
the buffer or FWHCA;
(iii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example,
parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping
shall be consistent with JCC 18.30.130;
(c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area;
(d) The buffer shall not be reduced to less than 75 percent of the standard buffer;
(e) The slopes adjacent to the FWHCA within the buffer area are stable;
(f) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains or will mature into a dense, multi-storied, diverse native vegetation community that provides riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer
contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced
condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced
condition at maturity. These plans shall include a 5-year monitoring plan to ensure that
standards are met; and
(g) For overwater development or uses, a reduction of the buffers shall be based on the review of reports, established criteria or through consultation with federal and state agencies.
(8) Buffer reduction process and criteria
Buffer Averaging Permit Process Up to 25% Type I per Section 18.22.630(6)(a) JCC
Up to 50% Type II per Section 18.22.630(6)(b) JCC
*
*
Variances1
Buffer Reduction2 Permit Process
Up to 25% Administrative Type I Variance 18.22.630(7) JCC
Over 25%to 75% Type III Critical Area Variance JCC 18.22.250
Over 75% Type III Reasonable Use Exception JCC 18.22.260
Footnote 1. A Critical area stewardship plan (CASP) meeting the provisions of 18.22.965 may be
utilized instead of critical area variances or Reasonable Use Exception
2. Buffer reduction not allowed if buffer averaging is feasible.
(9) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a FWHCA. Supporting
documents that may be used to support this determination include but are not limited to:
(a) The FWHCA is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;
(b) The FWHCA serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the FWHCA is susceptible to erosion or landslide; or
(d) The area adjacent to the FWHCA has minimal deep rooting, native vegetation or the slopes
are greater than 30 percent.
(10) Voluntary Restoration. FWHCAs and their associated buffers that have been previously altered such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration.
Voluntary restoration requires the submission of an enhancement plan or habitat management plan
to DCD for review and approval prior to issuance of a County permit to restore a FWHCA or its associated buffer.
DCD shall provide information or technical expertise, where possible, in facilitating restoration of a FWHCA or its associated buffer to previously existing conditions. This could include, but is not
limited to, referring interested property owners to restoration information, efforts, and funds.
(11) Stream Crossings. Stream crossing may be permitted within FWHCA or their associated buffers only when no practicable or reasonable alternative location is available. Any private or public road expansion or construction which is proposed and shall cross streams classified within this article shall comply with all of the following minimum development standards:
(a) There are no practicable or reasonable alternative location is available;
(b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;
(c) The design of stream crossings shall meet the requirements of the Washington State
Department of Fish and Wildlife Water Crossing Design Guidelines, as amended. Fish
passage shall be restored if necessary to address manmade obstructions on site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible;
(d) Crossings shall not occur in salmonid spawning areas unless no other reasonable
crossing site exists;
(e) Bridge piers or abutments may be allowed either within the floodway or between the ordinary high-water marks, provided no other reasonable alternative placement exists;
(f)Crossings shall serve multiple properties whenever possible; and,
(g) Where there is no reasonable alternative to providing a culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity.
(12) Utilities. Utilities including sewer lines, on-site sewage systems and stormwater facilities (serving one parcel, development or legal lot of record) may be permitted in critical area buffers
only when no practicable or reasonable alternative location is available.
Placement of utilities within FWHCA may be allowed pursuant to all of the following requirements:
(a) A habitat management plan or enhancement plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas
shall be immediately restored, and the restoration of the site through the establishment of
native vegetation;
(b) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the
requirements for installation, replacement of vegetation and maintenance outlined below.
Utilities are encouraged to follow existing or permitted roads where possible;
(c) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction
meets the requirements of this article. Joint use of the sewer utility corridor by other utilities
may be allowed;
(d) New utility corridors shall not be allowed in FWHCAs with known locations of federal- or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place;
(e) In addition to meeting the utilities standards a above, new utility corridors (serving more
than one property) proposed within FWHCA or their associated buffers shall require a critical area variance under JCC18.22.250;
(f) Utility corridor construction and maintenance shall protect the environment of FWHCAs as follows:
(i) New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side; and,
(ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion
of construction or as soon thereafter as possible due to seasonal growing constraints.
The utility shall ensure that such vegetation survives for a three-year period; and,
(g) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used; and,
(h) Utilities should follow best management practices for avian protection.
(13) Bank Stabilization. Bank stabilization within designated FWHCA may be allowed pursuant to all of the following criteria:
(a) No practicable or reasonable alternative location is available;
(b) A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;
(c) A stream channel and bank, bluff, and shoreline may be stabilized when naturally
occurring earth movement threatens existing legal structures, public improvements, unique
natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment; and,
(d) Bluff, bank and shoreline stabilization shall follow the standards of chapter 18.25 JCC
(Shoreline Master Program), geologically hazardous areas provision in this chapter, and chapter 15.15 JCC (Flood Damage Prevention.
(14) Road and Street Expansion. The expansion of legally established private or public road may be allowed in a FWHCA or its associated buffer; provided it complies with all of following
minimum criteria:
(a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible;
(b) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its associated buffer are minimized, that any
disturbed areas shall be immediately restored, and that restoration shall be through the
establishment of native vegetation;
(c) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d) The road or street construction is the minimum necessary, as required by the department
of public works’ guidelines, where minimum necessary provisions may include projected
level of service requirements.
(15) New public or private roads. In addition to meeting the requirements for road and street expansion in subsection 14 of this section, the establishment of a new public or private road is subject to the requirement of a variance under JCC 18.22.250.
(16) Outdoor Recreation, Education, and Trails Construction. Improvements that do not
significantly affect the function of the FWHCA or its associated buffer (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) are permitted in a FWHCA and its associated buffer provided they comply with all of the following minimum criteria:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its buffer are minimized, that any disturbed
areas shall be immediately restored, and that restoration shall be with through the
establishment of native vegetation;(b) Trails and other facilities shall, to the extent feasible, shall be placed on existing road grades, utility corridors, or other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags,
and important wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, and/or their habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize
the impact to FWHCA and their associated buffers. Trails serving multiple parcels or
subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;
(f) The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II Variance. Regional trails shall be limited to a maximum
of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for
non-motorized public access. This shall also include the submission of a mitigation plan prepared by qualified professional addressing the impacts to the FWHCA and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation.
(17) Stream Relocation.
(i) In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams requires a variance under JCC18.22.250.
(ii) Relocation of a stream may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and
will not diminish the flow capacity of the stream or other natural stream processes;
provided, the relocation meets state hydraulic project approval requirements, the relocation will not impact the based flood elevation of existing development areas (outside of the project area) within the frequently flooded area, and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington
State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement
or identified in watershed planning documents prepared and adopted pursuant to chapter 90.82 RCW. [Ord. 5-20 § 2 (Appx. A)]
18.22.640 Impact Assessment and Mitigation. The overall goal of mitigation shall be no net loss of ecological functions or values, and no
degradation of natural processes within a FWHCA or its associated buffer.
All unavoidable impacts to FWHCA require mitigation.
(1) FWHCA Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to an FWHCA or its associated buffer. When a proposed development, land
disturbing activity, or use poses adverse impacts to a FWHCA or its associated buffer, the preferred
sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project;
(d)Preserving or maintaining FWHCA to reduce or eliminate adverse impacts over time;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
(f) Monitoring the required rectification, preservation, maintenance or compensation, and taking appropriate corrective measures when necessary.
(2) Impact Assessment. All potential impacts to a FWHCA and its associated buffer shall be
identified and described in the habitat management plan. Impact assessments shall be made based
on requirements in Article IX (Special Reports).
(3) Mitigation – Minimum Requirements and Types of Mitigation.
(a) Minimum mitigation requirements are as follows:
(i) Unavoidable impacts to a FWHCA area or buffer shall be mitigated with at least a 1:1
mitigation ratio. The administrator has the authority to require buffer mitigation at a higher
ratio if the area to be adversely affected consists of intact native habitat or the risk of failure is judged unacceptable.
(ii) Unavoidable impacts to a FWHCA shall require mitigation that fully compensates for all adverse effects to FWHCA functions and values.
(b) FWHCA mitigation shall address the following options:
(i) On-Site Mitigation. The applicant may propose on-site mitigation if the mitigation proposal compensates for the loss of functions and values.
(ii) Off-Site Mitigation. The applicant may propose off-site mitigation if:
(A) On-site mitigation is not feasible, and the mitigation proposal compensates for the
loss of functions and values; or
(B) Off-site mitigation occurs within the same watershed or a connected habitat of a similar nature to the maximum extent practicable and provides equal or better
protection of the FWHCA and compensates for the loss of functions and values; and
(C) There is a willing owner that accepts the proposed mitigation; and
(D) A mitigation agreement or easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation.
(c) In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-
lieu fee program may be used to compensate for impacts or alterations to a FWHCA or a
buffer, if an established in-lieu fee program is available for the project area. Use of the in-lieu fee program to address impacts to a FWHCA or buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.740(4). [Ord. 5-20 § 2 (Appx. A)
Article VII. Wetlands
18.22.700 Purpose.
The purpose of this article is to:
(1) Recognize and protect the beneficial functions, values, and services performed by wetlands, which include, but are not limited to, providing food, breeding, nesting or rearing habitat for fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding
and erosion; and, improving water quality through biofiltration, adsorption, retention and
transformation of sediments, nutrients, and toxicants.
(2) Regulate land use to avoid adverse effects on wetlands and maintain the functions, values, and natural processes of freshwater and estuarine wetlands throughout Jefferson County.
18.22.710 Classification and designation.
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate wetland losses.
Wetlands do not include those artificial wetlands intentionally created from non-wetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, ponds for agricultural activities, landscape amenities, farmed wetlands, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.
(1) Wetland Delineation. Wetlands shall be delineated in accordance with the requirements of
RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject
to the provisions of this article.
(2) Wetland Rating. Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised 2014, and as amended thereafter, as determined using the appropriate rating forms and associated figures contained in
that publication. These categories are generally defined as follows:
(a) Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than one acre; (ii) wetlands of high conservation value that are identified by the State of Washington Natural Heritage Plan; (iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; and(v) wetlands in coastal lagoons; (vi) wetlands that perform many functions well
(scoring a total of 23 or more points). These wetlands: (i) represent unique or rare wetland
types; (ii) are more sensitive to disturbance than most wetlands; (iii) are relatively undisturbed
and contain ecological attributes that are impossible to replace within a human lifetime; or (iv) provide a high level of functions.
(b) Category II. These wetlands are: (i) undisturbed estuarine wetlands smaller than one acre
or disturbed estuarine wetlands larger than one acre, or (ii) wetlands with a moderately high level of functions (scoring between 20 and 22 points total).
(c) Category III. These wetlands are (i) those with moderate level of functions (scoring between 16 and 19 points total) or (ii) those that can often be adequately replaced with a well-
planned mitigation project. Wetlands scoring between 16 and 19 points generally have been
disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
(d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are often heavily disturbed. These wetlands likely could be replaced or improved
in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may
provide some important functions.
(3) Category IV wetlands that are non-federally regulated and not associated with a riparian area and less than one-tenth acre (4,356 square feet) shall be exempt from the requirements of this article when all of the following criteria are met:
(a) The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean water;
(b) The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices;
(c) The wetland is not located within a fish and wildlife habitat conservation areas (FWHCA)
as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of an FWHCA;
(d) The wetland is not located within a floodplain;
(e) The wetland is not within the jurisdiction of the county shoreline master program;
(f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the
guidance provided in the wetland rating system; and
(g) The wetland does not score six or more points for habitat functions (based on the 2014 version of the Washington State Department of Ecology (Ecology) Wetland Rating System, or as amended.
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise
altered, unless approval is obtained from Ecology or the U.S Army Corp of Engineers. This exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require mitigation.
(4) Sources for Identification. The following sources should be used to identify potential wetland locations. These maps are informational only and site evaluations by a qualified professional or
wetlands specialist shall be used to determine compliance with this article. Sources include, but
are not limited to:
(a) Jefferson County Critical Areas mapping;
(b) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory;
(c) United States Department of Agriculture, Natural Resources Conservation Service, Soil
Survey for Jefferson County Areas, Washington;
(d) United States Department of Agriculture, Natural Resource Conservation Service, Hydric Soils List; and
(e) Washington State Department of Ecology, Coastal Atlas map.
18.22.720 Applicability.
All development, land disturbing activities and uses in a wetland or its associated buffer shall be subject to the provisions of this article, unless specially exempted in JCC 18.22.230.
18.22.730 Protection standards.
(1) General. Application for a project or use on a parcel of real property containing a designated
wetland or its associated buffer shall adhere to the requirements set forth below.
(2) Types of Wetland Evaluations. An applicant shall submit, and have approved, a wetland report prepared based on results of an on-site field investigation conducted by a qualified professional or wetland specialist using wetland delineation manuals specified in JCC18.22.710(1). The wetland report shall be completed based on the following:
(a) Wetland Reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be used only if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of construction. The wetland reconnaissance requires the wetland specialist to assess all areas
within 300 feet of any proposed project component.
(b) Wetland Delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction-related activities or are within the proposed limits of land disturbing activity. The on-site wetland boundary shall be flagged in the field and flags shall
be numbered sequentially, and a wetland rating form shall be completed, as required by JCC
18.22.710(2) and (3), for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter.
(c) If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary
and category.
(d) The requirement for a wetland evaluation may be waived by the administrator for construction of a single-family residence on an existing legal lot of record if department staff, qualified professional, or a wetlands specialist determines that:
(i) Sufficient information exists for staff to estimate the boundaries of a wetland without a
delineation; and,
(ii) The single-family residence and all accessory structures and uses are not proposed to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. [Ord. 5-20 § 2 (Appx. A)]
(3) Vegetation retention required within a wetland or its associated buffer. All of the following
provisions regarding vegetation retention shall apply:
(a) Vegetation within a wetland or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a wetland or its associated buffer shall require review and approval by the department;
(b) Altering the habitat conditions of a wetland or its associated buffer without prior review
and approval by the department is prohibited;
(c) During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within wetlands or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits; and
(d) 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.
(4) Wetland Ratings to establish buffer requirements. Wetland ratings and categories shall be prepared by a qualified professional or wetlands specialist, be based on the Washington State
Wetland Rating System for Western Washington (2014 version, or as amended), and be submitted
to the department for review and approval. Buffers for wetlands are based on wetland category, habitat function score, and land use intensity as shown in Table 18.22.730(1)(a) or based on special characteristics as shown in Table 18.22.730(1)(b).
(5) Buffer Marking. To ensure that buffers are not impacted by proposed adjacent development,
land disturbing activity, or uses DCD may require one or more of the following:
(a) The marking or flagging of the edge of the wetland or its associated buffer;
(b) 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;
(c) Showing the location of the critical area and its associated buffer on all approved site plans adjacent to development or land disturbing activity proposed.
(d) Require permanent fencing, berms, barriers, or native vegetation plantings adjacent to new
development or new land disturbing activity to ensure that it does not encroach upon buffers;
(e) Require that signs be posted along the buffer edge adjacent to the development, land disturbing activity or use to ensure that the public knows the location of the buffers for:
(i) Permitted commercial or industrial development or uses; or,
(ii) Development, land disturbing activities or uses on public lands.
(f) Require a notice to title be recorded on the property by the permittee prior to the approval being issued, if the location of the wetland is not identified in the development permit or on the County’s GIS mapping system to disclose to future buyers the existence of critical areas and their associated buffers.
(6) Buffers – Standard requirements for wetlands.
(a) The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article and in accordance with the following criteria.
(b) Buffers for wetlands shall be measured as a horizontal line perpendicular to the boundary of the wetland.
(c) The standard buffer width for a wetland shall be determined based on the following:
(i) The wetland category shall be based on the total score and the habitat functions from the wetland rating form and the land use intensity described in subsection (6)(c) below. Buffer widths for wetlands are shown in Table 18.22.730(1)(a); or
(ii) The wetland category is based on the special characteristics of the wetland from the
wetland rating form. The buffer widths for wetlands with special characteristics are shown in Table 18.22.730(1)(b).
(c) Land use intensity for wetland ratings is based on the following:
(i) High land use intensity means development and uses that are commercial, industrial, institutional, urban, high intensity new agriculture (dairies, nurseries, hard side
greenhouses, annual tilling), high intensity recreation (golf courses, ball fields), or solar
farms. Residential development proposed on a parcel that is less than one acre in size.
(ii) Moderate land use intensity means development and uses that are open space parks, moderate intensity new agriculture (orchards, hay fields, animal pastures, soft sided greenhouses, etc.), or utility corridors within rights-of-way that are shared. Residential
development on a parcel one to five acres in size.
(iii) Low land use intensity means low impact development and uses such as unpaved trails or passive recreation (when not exempt in section 18.22.230), regional trails with a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel
shoulders for non-motorized public access, public utility corridors not requiring a maintenance road or a vegetation management plan, landscaping or lawns. Residential
development on parcels over five acres in size.
Table 18.22.730(1)(a). Standard Buffer Widths for Wetlands Based on Points
Land Use Intensity
Wetland
Category
Habitat
Function
Score
High Impact
Buffer Width
(feet)
Moderate Impact
Buffer Width
(feet)
Low Impact
Buffer Width
(feet)
Category I
Total score is 23-27 points
8 – 9 6 – 7 <3 – 5
300 150 100
225 110 75
150 75 50
Category II
Total score is 20-22 points
8 – 9 6 – 7 <3 – 5
300 150 100
225 110 75
150 75 50
Category III
Total score is 16-19
points
8 – 9 6 – 7
<3 – 5
300 150
80
225 110
60
150 75
50
Category IV
Total score
is 15 points or less
All 50 40 25
Table 18.22.730(1)(b). Standard Buffer Widths Based on Special Characteristics
Category I Buffer Width (feet)
Bog 250
Coastal Lagoon 200
Estuarine 200
Forested Based on Habitat Score
Wetland of High Conservation Value 250
Category II Buffer Width (feet) Lagoon 150
Estuarine 150
(7) Land Use Intensity Impact Reductions: Applicants have the option to meet the following performance standards found in Table 18.22.730(c) to reduce the buffers outlined in Table
18.22.730(1)(a) above from high to moderate impact.
Table 18.22.730(1)(c). Required Measures to Minimize Impacts to Wetlands
(All measures are required for land use intensity reduction)
Disturbance Required Measures for land use intensity reduction
Lights • Lights shall be shielded to avoid being directed off the developed area, and should include timers or motion detection.
Noise • Locate activity that generates noise away from wetland;
• If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source;
• For activities that generate relatively continuous, potentially
disruptive noise, such as certain heavy industry or mining, establish an additional 10 feet heavily vegetated buffer strip immediately adjacent to the outer
buffer.
Toxic runoff • Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered;
• Utilize native vegetation that does not require as much fertilizer or
pesticides as non-native
vegetation, or require a statement on all approved site plans for development or land disturbing activities limiting use of pesticides
within 150 feet of wetland;
• Apply integrated pest
management.
Stormwater runoff • Roads and development areas (including lawns) that discharge to
buffers are required to utilize Best
Disturbance Required Measures for land use intensity reduction
Management Practices to treat
stormwaters;
• Prevent channelized flow from
lawns that directly enters the buffer;
• Use low impact development (LID) techniques (for more information visit Ecology’s LID guidance website).
Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns.
Pets and human disturbance • Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance
using vegetation appropriate for the ecoregion;
• For non-residential development, DCD may require wetland and its buffer in a separate tract or protect with a conservation easement.
Dust • Use best management practices to control dust.
(8) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffer widths adjacent to a wetland
area up to 25 percent when all of the following criteria are met.
(i) The specific standards for mitigation sequencing in JCC 18.22.740 have been applied during the siting and design of the proposed project. To the extent practicable, that may include consideration of the following avoidance and minimization
measures:(A) Trees and other existing native vegetation are avoided, and development,
land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed areas if present;
(B) The buffer width is increased adjacent to the higher-functioning or more-sensitive portion of the wetland and decreased adjacent to the lower functioning or less-sensitive
wetland areas;
(C) Lower intensity land uses are located in the reduced buffer area if feasible;
(D) The development is designed to separate and screen impacts such as noise, glare,
vegetation trampling, etc. of adjacent land uses from the critical area. The site design
shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available,
berms, landscaping, and structural screens should be implemented (e.g., orient
buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with chapter 18.30.130 JCC;
(ii) The total area contained in the buffer after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel
to the wetland;
(iii) The buffer averaging does not reduce the functions or values of the wetland, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function or value;
(iv) The buffer averaging is necessary due to parcel size, existing development, shoreline
or other critical area requirements, or other site constraints such as slope, soils, or
protecting existing native vegetation (e.g. mature conifers);
(v) The slopes adjacent to the wetland within the buffer area are stable;
(vi) Buffer averaging of buffer reductions addressed in Section 18.22.730(9) JCC are not allowed; and
(vii) The modified buffer shall meet the well vegetated buffer standard, which is comprised
of at least 40 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve
this standard. This plan shall include a 5-year monitoring plan to ensure that standards are
met.
(b)The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 50 percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall
contain at least 80 percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry) or noxious weeds and replacement with native vegetation. An enhancement plan or habitat management plan shall be required to achieve
this standard. This plan shall include a 5-year monitoring plan to ensure that standards are
met;
(iii) Allows for the natural movement of a stream within its floodplain or channel migration zone;
(iv) Separates development from potential flooding impacts;
(v) Limits visual, auditory, and direct intrusion between critical areas and developed environments;
(vi) Protects important wildlife habitat components for species dependent or associated with wetland, marine, and riverine environments;
(vii) Enables wildlife movement; and
(viii) Does not accelerate erosion and landslide hazard areas adjacent to the critical area.
(9) Below is the reduction process and criteria for Wetlands reductions: The administrator may reduce wetland buffers up to 25% administratively through a Type I
variance for moderate land uses provided the following criteria are met:
(a) A wetland delineation is submitted to DCD for review and approval
(b) Buffer averaging is not feasible;
(c) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration
of all or the following avoidance and minimization measures:
(i) Trees and other existing native vegetation are avoided, and development, land disturbing activity, and uses are placed on existing road grades, utility corridors, or other developed lands if present;
(ii) The buffer is reduced adjacent to the lower functioning or less-sensitive portion of
the wetland;
(iii) Lower intensity land uses are located adjacent to the reduced buffer area if feasible;
(iv) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example,
parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping
shall be consistent with JCC 18.30.130;
(d) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent wetland or other critical area;
(e) The buffer shall not be reduced to less than 75 percent of the standard buffer;
(f) The slopes adjacent to the FWHCA within the buffer area are stable;
(g) The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains
or will mature into a dense, multi-storied, diverse native vegetation community that provides ecological functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80 percent aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g.
Himalayan blackberry) or noxious weeds and replacement with native vegetation. Based on
the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity. This plan shall include a 5-year monitoring plan to ensure that standards are met; and
Buffer Averaging Permit Process
Up to 25% Type I per Section 18.22.730(8)(a) JCC
Up to 50% Type II per Section 18.22.730(8)(b) JCC
*
*
Variances1
Buffer Reduction2 Permit Process
Land use intensity from high to moderate Section 18.22.730(7) JCC Up to 25% Type I moderate land uses per JCC 18.22.730(9)
25%to 75% Type III Critical Area Variance JCC 18.22.250
Over 75% Type III Reasonable Use Exception JCC
18.22.260
Footnote
1. A Critical area stewardship plan (CASP) meeting the provisions of 18.22.965 may be
utilized instead of critical area variances or Reasonable Use Exception
2. Buffer reduction not allowed if buffer averaging is feasible.
(10) When increasing buffers for wetlands may be required.
The administrator shall have the authority to increase buffers adjacent to a wetland to protect the
functions and values of a wetland. Factors that may be used to support this determination include
but are not limited to:
(a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;
(b) The wetland serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or,
(d) The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than 30 percent.
(11) Voluntary Restoration. A wetland and its associated buffer that has been previously altered
such that the functions, values, and natural processes have been diminished are encouraged to be restored to conditions that existed historically or prior to the alteration. Voluntary restoration requires the submission of an enhancement plan or habitat management plan to DCD for review and approval prior to issuance of a permit to restore a wetlands or buffer. DCD shall provide
information or technical expertise, where possible, in facilitating restoration of a wetland or buffer
to previously existing conditions. This could include, but is not limited to, referring interested property owners to restoration information, efforts, and funds.
(12) Utilities. Placement of utilities (serving one parcel, development or legal lot of record) within a wetland and its associated buffer may be allowed pursuant to the following standards:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan
demonstrating how the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that the restoration shall be through the establishment of native vegetation.
(b) Construction of utilities, including stormwater BMP’s, may be permitted in a wetland
and its associated buffer when no practicable or reasonable alternative location is available
and the utility does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible.
(c) New utilities shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side.
(d) New utilities shall be revegetated with appropriate native vegetation at pre-construction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such
vegetation survives for a three-year period.
(e) Construction of sewer lines or on-site sewage systems may be permitted in a wetland or its associated buffer when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility by
other utilities may be allowed.
(d) In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a wetland or its associated buffer shall require a variance under JCC 18.22.250.
(e) Utility corridors for towers should be painted with brush, pad or roller and should not
be sandblasted or spray-painted, nor shall lead-based paints be used.
(f) Utilities corridors for towers should follow best management practices for avian protection.
(13) Road and Street Expansion. The expansion of a legally established private or public road may
be allowed in a wetland or its associated buffers provided it complies with the following minimum development requirements:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating that the impacts to a wetland and its associated buffer are minimized, that
any disturbed areas shall be immediately restored, and that restoration shall be through the
establishment of native vegetation.
(b) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible;
(c) Public and private roads are encouraged to provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.; and
(d) The road or street construction is the minimum necessary, as required by the department of public works’ guidelines. Minimum necessary provisions may include projected level of service requirements.
(14) New public or private roads. In addition to meeting the development standards for road and
street expansion above, the establishment of a new public or private road within a wetland or its
associated buffer is subject to variance under JCC 18.22.250.
(15) Outdoor Recreation, Education, and Trails Construction. Uses and improvements that do not significantly affect the function of a wetland and its associated buffers (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted
in a wetland and its associated buffer provided they comply with all of the following minimum
development standards:
(a) A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and the enhanced with through the
establishment of native vegetation;
(b)Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located within the buffer to minimize impacts to wildlife, fish, or their habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to a wetland and its associated buffer. Trails serving multiple parcels or
subdivision shall not exceed six 6 feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;
(f) The size, configuration and surfacing of regional and public trails within a buffer shall
be determined through a Type II Administrative Variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of 6-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by wetland biologist or qualified professional; and
(g)The impacts to the wetland and its buffer are minimized, so that any disturbed areas
shall be immediately restored, and that restoration shall be through the establishment of native vegetation.
18.22.740 Impact Assessment and Mitigation. The overall goal of mitigation shall be no net loss of wetland functions or values.
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, rectifying, or compensating
for adverse impacts to regulated wetlands. When development, land disturbing activity or use poses potentially significant adverse impacts to a regulated wetland, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of
a project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; and,
(f) Monitoring the required rectification or compensation and taking appropriate corrective
measures when necessary.
(2) Impact Assessment. All potential impacts to wetlands and buffers shall be identified and described in the wetland report. Impact assessments shall be made based on requirements in Article IX (special reports).
(3) Compensatory Wetland Mitigation – General Requirements. As a condition of any permit or
other approval allowing alteration which results in the unavoidable loss or degradation of regulated wetlands, or as an enforcement action pursuant to title 19 JCC, compensatory mitigation shall be required to offset impacts resulting from the actions of the applicant or any code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall provide wetland mitigation that is equivalent to or greater than
impacts in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation
ratios by category and type of mitigation that must be used for compensatory wetland mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category
and Type of
Wetland
Impacts
Reestablishme
nt or Creation
Rehabilitatio
n Only1
Reestablishme
nt or Creation
(R/C) and
Rehabilitation
(RH)1
Reestablishme
nt or Creation
(R/C) and
Enhancement
(E)1
Enhancemen
t Only1
All Category IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1
All
Category III
2:1 4:1 1:1 R/C and 2:1
RH
1:1 R/C and 4:1
E
8:1
Category II Estuarine Case-by-case 4:1 Rehabilitation of an estuarine
wetland
Case-by-case Case-by-case Case-by-case
All Other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1
Category I Forested 6:1 12:1 1:1 R/C and 10:1 RH 1:1 R/C and 20:1 E 24:1
Category I
Based on Score for Functions
4:1 8:1 1:1 R/C and 6:1
RH
1:1 R/C and 12:1
E
16:1
Category I
Wetlands with High Conservation Value
Not considered
possible2
6:1
Rehabilitation of a wetland with high conservation value
R/C not
considered possible3
R/C not
considered possible3
Case-by-case
Category I Coastal Lagoon
Not considered possible2 6:1 Rehabilitation of a coastal
lagoon
R/C not considered possible3
R/C not considered possible3
Case-by-case
(b) Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington State Department of Ecology Publication No. 10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1).
(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant
to this article, with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be stewarded and managed to avoid further development or degradation. The applicant or code violator must provide for long-term stewardship of the compensation area. The administrator has the
authority to require the applicant record a notice to title to ensure protection.
(e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with chapter 18.30 JCC.
(f) The applicant may be required to post a mitigation performance bond to ensure monitoring the site occurs and contingency plans are implemented if the project fails to meet projected
goals. Corrective actions must be coordinated and approved by department of community
development.
(4) Compensatory buffer mitigation general requirements.
Category I Bog Not considered possible2 6:1 Rehabilitation of a bog
R/C not considered possible3
R/C not considered possible3
Case-by-case
Category I Estuarine Case-by-case 6:1 Rehabilitation of an estuarine wetland
Case-by-case Case-by-case Case-by-case
1 These ratios assume that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut.
Instead, rehabilitation and enhancement actions span a continuum. Mitigation proposals that falls
within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory
mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no
matter what kind of compensation is proposed. Note: Each type of mitigation is defined in subsection (3) of this section under mitigation types. Note: Wetland preservation may be approved by the administrator under limited circumstances on a case-by-case basis if preservation and no net loss requirements are met, as specified in
Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended.
(a) Buffers adversely affected by a proposed development, land disturbing activity, or use shall be compensated at a mitigation ratio of at least 1:1.
(b) Impacts to buffers that are well-developed, well-established, or have unique natural habitats
consisting primarily of native plant species shall require a mitigation ratio greater than 1:1. This could include, but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas considered a priority habitat by WDFW; or, habitat conditions that could support rare plants or plant communities.
(c) The permittee shall install a highly visible and durable protective fencing as a barrier
between the limits of construction and the retained buffer vegetation. The fencing shall be
installed prior to any land disturbing activity, including but not limited to clearing or grading ,
and shall be maintained during construction to prevent access and protect the wetland and
retained buffer. This requirement may be waived if an alternative to fencing that achieves the
same objective is proposed by the applicant and approved by the administrator.
(5) Compensatory wetland and buffer mitigation – Type, Location, and Timing.
(a) Mitigation is to be provided in the preferred order listed below. A lower order preference
shall not be approved unless a wetlands evaluation prepared by a wetland specialist document to the satisfaction of the administrator that a higher preferred option is not ecologically viable.
(i) Restoration (reestablishment or rehabilitation) is the preferred mitigation option;
(ii) Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable option;
(iii) Enhancement may be approved if restoration or creation are not ecologically viable options or may be required in the same buffer area when a use or structure is permitted and encroaches into the same buffer;
(iv) Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and shall be permitted only under limited circumstances when, based on
a report prepared by a wetland specialist, the administrator determines that no other option is ecologically viable.
(b) On-site compensation within the same subdrainage basin is preferred. The administrator may approve off-site compensation only if:
(i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site
mitigation is ecologically preferable;
(ii) No reasonable opportunities exist on-site and within the same subdrainage basin;
(iii) On-site mitigation would result in the loss of high-quality upland habitats;
(iv) Off-site mitigation has a greater likelihood of compensating for project-related impact;
(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(vi) On-site compensation is not practical due to probable adverse impacts from surrounding land uses; and
(vii) Potential functions and values at the site of the proposed restoration are significantly
greater than the impacted wetland functions and values.
(c) Compensation outside of the sub-drainage basin may be approved by the administrator if an authorized in-lieu fee program is used.
(d) Construction of rectification and compensation projects must be timed to reduce impacts
to existing wildlife and flora. Construction must be timed to assure that grading and soil
movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species.
(e) Compensation should be completed prior to impacting the wetland, where feasible.
(6) In-lieu fee (ILF) Program. An applicant may opt to use an authorized ILF program to
compensate for impacts to wetlands or its associated buffers based on criteria listed below. Use of
an ILF program transfers the responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation that complies with all mitigation requirements of this chapter.
(a) The ILF program may be used by an applicant as a way to mitigate for project impacts if
the impacts to the critical area or buffer occur within an ILF program service area. If an impact
occurs outside of an ILF program service area, an applicant may request that DCD investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF program service area.
(b) The applicant shall determine if there is a preference for using the ILF program over
permittee-responsible mitigation to compensate for unavoidable impacts.DCD may encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation.
(c) The administrator may approve an application using an ILF program for mitigation if the ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has
the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF mitigation until (i) the applicant has purchased the appropriate number of credits from the sponsoring
organization and (ii) the sponsoring organization has completed a statement of sale. Once the
ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with the requirements of this chapter and the applicable approved in-lieu fee program instrument.
Article 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 an agricultural activity existing as of March 10,
2020, the date agriculture was first regulated under this article:
(i) Adding or expanding temporary or permanent structures;
(ii) Adding or expanding compacted areas such as for parking, roads, or access;
(iii) Adding or expanding impervious areas;
(iv) Adding or replacing wells or septic systems;
(v) Constructing or altering ditches or drainage systems;
(vi) Constructing or altering ponds for agricultural use;
(vii) Expanding or altering manure or compost management structures or practices;
(viii) Altering the application of fertilizers or agricultural chemical management in proximity to wetlands or water bodies;
(ix) Adding or altering irrigation practices; or
(x) Other similar agricultural activities as approved by the administrator.
(2) This article does not apply to:
(a) Exempt agricultural activities per JCC 18.22.230(3).
(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, wetlands, or their associated buffers.
(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, Limited to activities addressed by farm assistance agency practices on
farmed wetlands, including but not
Yes, legal agricultural activities established as of the March 10, 2020,
Activity Allowed in Wetlands Allowed in Prescriptive Wetland
and its Associated Buffers
buildings,
impervious areas
limited to high tunnel systems, where
consistent with federal and state law 1,2,3
the date regulation of agriculture in
this article was first adopted. Yes, new or expanded agricultural activities 1,2
Notes: 1 Subject to performance standards in subsection (1) of this section and determined to be a conservation practices satisfied or not satisfied proposal per JCC 18.22.820. 2 Conditions or performance standards applied by the administrator may include but are not limited to wetland and riparian or buffer enhancement in limited circumstances and as determined
in consultation with a farm assistance agency, qualified professional, or wetlands specialist,
provided proposed actions for compensation are conducted in advance of the impact and are shown to be successful and provided enhancement is part of ongoing monitoring. 3 Producers of agricultural products or commodities shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by another farm assistance agency,
state oversight agency official, qualified professional, wetlands specialist, or DCD.
(3) Structures. Structures shall be determined to achieve no-net-loss of critical area functions and values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports the administrator making a written decision finding that the owner’s compliance with other state or federal regulations or permits provides sufficient protection on the site to satisfy related critical
areas requirements of this chapter.
(a) The administrator may condition the proposed agricultural activities to avoid resource concerns in JCC 18.22.810 by requiring conservation practices recommended by farm assistance agencies, natural resources conservation professional, or qualified professional.
(b) If an agricultural activity has conservation practices unable to be met or does not
demonstrably meet the performance standards in subsection (1) of this section, or does not meet locational requirements of Table 18.22.830(1), the administrator shall deny proposal. The applicant may seek use of the prescriptive path offered in this chapter.
(4) Conservation practices. Owners of agricultural land and producers of agricultural products or commodities are encouraged to design conservation practices through use of the following
resources:
(a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office Technical Guide” (FOTG) contains a nonexclusive list of conservation practices to guide implementation of the expectations of this article.
(b) The Jefferson County Conservation District is available to assist with completion of an
agricultural checklist and in the development of conservation plans approved by DCD. A
producer of agricultural products or commodities may also work with other farm assistance agencies.
(5) Scheduled conservation practices. For a conservation practices not satisfied proposal, the applicant shall identify the standards by which the practice will be designed and the scheduled date
of implementation. The proponent shall provide documentation the scheduled conservation
practice has been established in accordance with the design specifications following implementation.
18.22.840 Monitoring and adaptive management.
Monitoring provides information used by DCD to assist in determining the effectiveness of the
county’s critical area regulations and conservation practices applicable to agricultural activities.
DCD shall develop a cooperative monitoring program with producers of agricultural products or commodities, conservation district staff and farm assistance agency staff based on the conservation practices and performance standards of approved critical areas permits in agricultural land. The monitoring program shall identify existing functions and values per subsection (1) of this section,
the thresholds of no harm or degradation in subsection (2) of this 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)]
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Article IX. Special Reports
18.22.900 Purpose.
(1) Purpose. Special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting, or mitigating impacts to critical areas:
(a) Demonstrate that the submitted proposal is consistent with the purposes and specific standards of this chapter;
(b) Describe all relevant aspects of the development proposed and critical areas adversely
affected by the development and assess impacts on the critical area from activities and uses proposed;
(c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists; and
(d) Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and, other geologic or watershed processes that relate to critical area condition, process, or service. [Ord. 5-20 § 2 (Appx. A)]
18.22.905 General requirements.
(1) When Special Reports Are Required. The administrator shall require a special report or reports if any portion of a development, land disturbing activity or use proposed has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or encroachment
requires mitigation, consistent with the standards found in this chapter.
(2) The administrator shall determine the requirements for qualified professional and the verify the qualifications of professionals submitting special reports.
A habitat reconnaissance letter is intended to document the existence of critical areas and their associated buffers. This letter shall be prepared by a qualified professional in the field on the
critical area. The administrator will determine if they agree with the assessment of the habitat assessment letter.
(3) Standard Requirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically, if applicable, the
following:
(a) Describe the proposed development, land disturbing activity or use, and its location and dimensions;
(b) Provide a scaled site plan that includes a north arrow, property boundaries, existing structures and features on the subject site, and the limits of clearing needed during
construction.
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(c) Describe existing site conditions and all critical areas and their associated buffers occurring on the property;
(d) Assess potential impacts to critical areas and its associated buffers per the specific
requirements in this article for each critical area type;
(e) Propose mitigation for unavoidable losses and impacts to critical areas and their associated buffers;
(f) Identify amount of and limits of clearing, grading, and impervious surface on a stormwater
calculation worksheet, if applicable; and,
(g) Present photographs of the property.
(4) Special reports shall be valid for five years from the date the report was prepared and report validity may be extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since the special report was written. The administrator shall have the
authority to require a revised special report, as needed, to satisfy all the provisions of this chapter.
[Ord. 5-20 § 2 (Appx. A)]
(5) The administrator may require a special report to be recorded at the auditor’s office.
18.22.910 Waivers.
The administrator may waive the requirement for a special report in limited circumstances when
an applicant demonstrates all of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives of this code; and
(2) The minimum protection standards required by this chapter are satisfied. [Ord. 5-20 § 2 (Appx. A)]
18.22.915 Retaining consultants.
Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise. The applicant shall pay for the costs of retaining said consultants. [Ord. 5-20 § 2 (Appx. A)]
18.22.920 Acceptance of special reports.
(1) The administrator shall verify the accuracy and sufficiency of all special reports.
(2) If the administrator finds that a special report does not accurately reflect site conditions, or does not incorporate appropriate protections mechanisms, the administrator shall cite evidence that
demonstrates where the special report is insufficient or in error. The applicant may then revise and
resubmit the special report. [Ord. 5-20 § 2 (Appx. A)]
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18.22.930 Critical aquifer recharge area reports.
(1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County
to verify the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied to prevent significant adverse impacts to groundwater quality, and in some cases water quantity. A critical aquifer recharge area report shall be prepared by a hydrogeologist when required in Article III (Critical Aquifer Recharge Areas) of this chapter.
(2) Standards for critical aquifer recharge area report or hydrogeologic evaluation. A critical
aquifer recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge area report shall include:
(a) A detailed description of how the project, including all processes and other activities, has the potential to impact groundwater recharge or for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and
existing groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site; and
(vi) An evaluation of existing groundwater recharge; and,
(vii) A discussion and evaluation of the potential impact of the proposal on groundwater recharge;
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training, and emergency service coordination measures;
(e) Best management practices to minimize exposure of permeable surfaces to potential
pollutants and to prevent degradation of groundwater quality;
(f) Pollution prevention measures to be implemented, including but not limited to, secondary containment for chemical storage areas, spill prevention measures, and contingency plans for emergencies;
(g) Demonstrate compliance with applicable protection standards in JCC 18.22.330; and
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(h) If performance standards cannot be met with adequate conservation practices scheduled, the applicant shall be subject to the prescriptive standards of this chapter and may apply for a
variance under JCC 18.22.250 or reasonable economic use exceptions under JCC 18.22.260.
(3) County review. Critical aquifer recharge area report or hydrogeologic evaluation shall be forwarded to the Jefferson County department of public health for technical review. The County may request additional information in order to determine the adequacy of the reports and may rely on input from Washington State Department of Ecology.
(4) Conditions for mitigation identified in the critical aquifer recharge area report or hydrogeologic
evaluation. The administrator shall determine appropriate permit conditions as identified in the critical aquifer recharge area report or hydrogeologic evaluation to mitigate the impacts of development to critical aquifer recharge areas. [Ord. 5-20 § 2 (Appx. A)]
18.22.940 Frequently flooded area reports.
(1) Habitat assessment required. A habitat assessment may be required if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA).
(2) Standards for habitat assessment.
(a) In addition to the general requirements found at JCC 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA).
(b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and
the flood damage prevention ordinance, as codified in chapter 15.15 JCC. [Ord. 5-20 § 2
(Appx. A)]
18.22.945 Geologically hazardous area reports.
(1) General. When required in Article V, a geological professional (state-licensed geotechnical
engineer, a geologist, or a professional engineer knowledgeable in regional geologic conditions
with professional experience assessing geologically hazardous areas) shall make a site visit to determine if a geologically hazardous area or its associated buffer is present. Based on the site visit, a geotechnical letter or a geotechnical report shall be prepared based on requirements in Article V (geologically hazardous areas), the general report requirements of JCC 18.22.905, and
report requirements in sections (2) through (4) below.
(2) Qualifications of the preparer. Geotechnical letters and reports shall be prepared by a geotechnical professional (licensed geotechnical engineer, a geologist, or a professional engineer) knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas. Geologically hazardous letters, reports, and drawings shall be
stamped and signed by the geotechnical professional preparing the documents.
(3) Geotechnical letter. A geotechnical letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of clearing, are outside of all
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geologically hazardous areas or their associated buffers, as described in 18.22.530(10)(a); provided the geotechnical professional is not proposing a buffer reduction. A geotechnical letter
shall address the following:
(a) Describe site location and existing conditions;
(b) Describe proposed activity and all geologically hazardous areas and buffers that occur on the property;
(c) Show the distance of the geologically hazardous area buffers and setbacks from the limits
of clearing on a site plan, which should be included with the geotechnical letter; and
(d) Provide recommendations, as appropriate, to minimize the risk of erosion or landslide.
(4) Geotechnical report. A geotechnical report shall be prepared and submitted if any part of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a geologically hazardous area or an associated buffer, as described
in 18.22.530(10)(a), or if a buffer reduction is proposed.
(a) A geotechnical report shall contain the following information:
(a) Site location, including parcel number;
(b) Detailed description of development, land disturbing activity or use;
(c) Date on-site geologic assessment was conducted and date report was completed;
(d) Summary of geologic information reviewed and analyzed (such as maps and
reports) to determine the potential for geologically hazardous areas to be present. Based on this review, identify the types of geologically hazardous areas and buffers that have the potential to occur in the development, land disturbing activity or use;
(e) Detailed description of the site, geologically hazardous areas and their
associated buffers, including but not limited to, surface and subsurface geology, hydrology, soils, and vegetation;
(f) Detailed description of the results of the field investigation, including all geologically hazardous areas occurring on the property. The description shall also address the stability of the geologically hazardous areas and buffers and shall
describe any past activity in the vicinity of the property;
(g) Assessment of the potential for the proposed activity to affect the geologically hazardous area or the stability of the area.
(h) Drainage and erosion control plan that addresses provisions in 18.22.530(7) and presents physical, structural, or managerial best management practices that prevent
or reduce pollution of water;
(i) Description of potential effects of the proposed activity on stormwater quality, quantity, and runoff patterns post-construction. The report shall clearly indicate if the development, land disturbing activity or use has the potential to affect or alter
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water movement to the geologically hazardous and buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater;
(j) If a development, land disturbing activity or use is proposed within a
geologically hazardous area, the report shall state if the development, land disturbing activity or use can be safely constructed, occupied, or used and shall include any engineering, design, and construction to protect public health and safety;
(k) Conclusions and recommendations relevant to the development, land disturbing
activity or use and existing site conditions;
(l) Site plan showing the location and extent of development, land disturbing activity or use proposed during the site visit; and
(m) Figure showing geologically hazardous areas and their associated buffers
relative to property boundaries, the development, land disturbing activity and uses
and clearing limits, existing structures and other site features, existing and proposed contours, and stakes placed onsite.
(b) The administrator may request that the project geologist or project engineer to review reports and plans prepared by others for consistency with the conclusions and
recommendations in the geotechnical report.
18.22.950 Habitat management reports.
(1) General. When required in Article VI of this chapter, a site visit shall be conducted by a wildlife biologist is required to determine if a FWHCA or its associated buffer is present. Based on the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management
plan and include all of the required information described in JCC 18.22.905. Habitat
reconnaissance letters and habitat management plans shall be prepared based on requirements in Article VI FWHCA, the general report requirements of JCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
(2) Habitat reconnaissance letter. A habitat reconnaissance letter shall be prepared and submitted
only if all project components, including areas of temporary impact and the limits of construction, are outside of all FWHCA or its associated buffers. A habitat reconnaissance letter shall document that proposed projects because of their location will not impact FWHCA and will include the following:
(a) Site location and description of existing site conditions;
(b) A description of the proposed development, land disturbing activity or use;
(c) The buffer width used;
(d) A description of every FWHCA and its associated buffers on the property;
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(e) Narratively and graphically present the distance of every FWHCA from the limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in
the habitat review letter; and
(f) Photographs of the site, every FWHCA and its associated buffer.
(3) Habitat management plan. A habitat management plan shall be prepared and submitted if any portion of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA or if a critical area or reduction of its
associated buffer is proposed. A habitat management plan shall address the following:
(a) Detailed description of all proposed project components relative to every FWHCA, other development proposed, and limits of clearing;
(b) State whether or not in-water work is proposed, and if so, describe timing and methods of construction;
(c) Date site visits were made and date report was completed;
(d) A summary of information reviewed prior to the site visit to determine the potential presence of a FWHCA or its associated buffer;
(e) Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with a FWHCA, location of native vegetation on the property, and
location of nonnative or invasive vegetation on the property. The habitat management report
should indicate if the critical areas extend off site;
(f) If the project area is identified as potential habitat for threatened or endangered species, methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs on site or in the vicinity of the site, and results of the field
investigation;
(g) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-
construction. The report shall state whether the proposal will affect or alter water movement
to the FWHCA and its associated buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction;
(h) Identify all potential impacts of the development, land disturbing activity or use on every FWHCA and its associated buffer. The habitat management report shall include:
(i) Mitigation sequencing. Describe measures to avoid and minimize impacts to every FWHCA. For any unavoidable impacts, describe and justify all project components that cannot avoid impacting the FWHCA. For unavoidable impacts, mitigation plans shall be prepared in accordance with subsection (3)(i) of this section;
(ii) Types of impacts. All potential impacts to every FWHCA and their functions and
values shall be identified and described in the habitat management report. Habitat
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management reports shall consider direct impacts, indirect impacts, permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts;
(iii) Impact area. The area (square footage) of potential impact shall be quantified for every
FWHCA. At a minimum, impact area shall include an FWHCA that occurs within the limits of clearing, as shown on the site plan; and
(iv) Functional assessment. The impact assessment shall describe how the FWHCA and its associated buffer functions and natural processes will be affected by development,
land use activity or use proposed.
(i) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include:
(i) Description and scaled, graphic rendering of the mitigation proposal and of the area, suitability, and goals and objectives of the area to compensate for impact area and
functions.
(ii) A table identifying impact areas (in square feet) and functions affected for each FWHCA and its associated buffer that also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and function).
(iii) Mitigation plans shall include performance standards that are applicable to the goals
and objectives of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years of monitoring.
(iv) A planting plan, when appropriate, that lists the species to be planted, including
quantity and planting density of each species to be installed.
(v) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described.
(vi) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the
monitoring period beyond five years to ensure every FWHCA is mitigated and protected.
(vii) A site map showing existing conditions, including property boundaries, the location of the development, land disturbing activity or use and limits of clearing, existing structures and other physical features on the property, the location of every on-site FWHCA and associated buffer potentially affected by the proposal.
(viii) A site map showing impact areas on the property. Figure shall show every FWHCA and its associated buffer potentially affected by the proposal relative to clearing limits, property boundaries, and existing site features.
(ix) A site map showing mitigation areas on the property. The site map shall all proposed mitigation areas on the property. If buffer averaging is proposed, the area of increase shall
be shown relative to the area of decrease on the figure.
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(x) Photographs of the site and every FWHCA.
(4) In-lieu fee program. A mitigation plan shall not be required if the ILF program, as specified in
18.22.660(3), is used to mitigate project impacts.
18.22.955 Process and requirements for designating species and habitats of local importance
as critical areas.
(1) Purpose. WAC 360-190-130(4)(a) requires the county to consult current information on
priority habitats and species identified by the Washington state department of fish and wildlife.
WAC 360-190-130(4)(b) states the county should identify, classify and designate locally important habitats and species. This section describes the process and requirements for designating, monitoring, and removing species and habitats of local importance that are not covered by the State Priority Species and Habitats List.
(2) Procedure for designation. An application to designate a habitat of local importance as a critical area shall be processed according to the procedures for a Type V land use decision under chapter 18.40 JCC.
(3) Applications for designation of a species or habitat of local importance. Any person residing
or headquartered in Jefferson County or any County department may apply for designation of a
species or habitat of local importance.
(4) Requirements for approval of an application for designation of a species or habitat of local significance.
(a) The applicant shall provide information demonstrating that the species or habitat is native
to Jefferson County, existing on or before the date of adoption of the regulations codified in
this chapter.
(b) The application shall include all of the following:
(i) Identification of the species including its scientific and locally common name(s);
(ii) Identification of the geographic location, including Jefferson County parcel numbers,
and extent of the habitat associated with an applied for species or the applied for
habitat itself if not associated with an applied for species;
(iii) Identification of the specific habitat features to be protected (e.g., nest sites, breeding
areas, nurseries, etc.).
(iv) For a proposed wildlife corridor, the features that are required for the corridor to
remain viable to support and protect the applied for species.
(v) A map of an appropriate scale to properly describe the location and extent of the
habitat;
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(vi) Geo-referencing information sufficient to allow mapping of the applied for habitat in
the county GIS mapping system;
(vii) The status of the species or the occurrence of the type of habitat in surrounding
counties and in the rest of the state has been considered in making this application;
(c) The application shall include a management plan for protection of the species or habitat
that includes all of the following:
(i) Whether the management plan has been peer reviewed, and if so, how this was done
and by whom;
(ii) How the restoration will be funded;
(iii) Recommendations for allowed, exempt, and regulated development, land disturbing
activity or uses within the area;
(iv) Recommended buffer and setback requirements and their justification;
(v) Any seasonal requirements;
(vi) A monitoring plan that is practical and achievable and includes all of the following:
(A) Baseline data and a description of what measurements shall be used to determine
the success of the project;
(B) The requirements and time period required to evaluate the success of the plan;
(B) A contingency plan for failure; and,
(C) A list of all parcels not included in the application but affected by the monitoring
process; and,
(vii) An economic impact, cost, and benefits analysis;
(viii) An analysis of alternative solutions to formal designation of the species or habitat of
local importance as a regulated critical area under this chapter.
(d) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application for designation of a species or habitat of local significance.
(5) Review and approval requirements.
(a) The application for a designating a species of local importance for designation under this section shall satisfy the all of following requirements:
(i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act, chapter 36.70a RCW;
(ii) The species is sensitive to habitat manipulation;
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(iii) The species or habitat has commercial, game, or other special value such as it is locally rare;
(iv) The application shall include an analysis of the proposal using best available science;
and,
(v) The application specifies why protection by other county, state or federal policies, laws, regulations or nonregulatory tools is inadequate to prevent degradation of the species or habitat and for which management strategies are practicable, and describes why,
without designation and protection, there is a likelihood that the species will not maintain
and reproduce over the long term, or that a unique habitat will be lost.
(b) Applications for habitats of local importance under this section shall satisfy all of the following criteria:
(i) Where the application for a habitat is for protection of a species, the use of the habitat
by that species shall be documented or be highly likely or the habitat is proposed to be
restored with the consent of the affected property owner so that it will be suitable for use by the species; and, long-term persistence of the species in Jefferson County and adjoining counties is dependent on the protection, maintenance or restoration of the habitat;
(ii) The applied for areas to protect a particular habitat shall represent either high quality
native habitat or habitat that has an excellent potential to recover to a high-quality condition and which is either of limited availability or highly vulnerable to alteration; and
(iii) The applied for specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the application shall specify those features that are required for the corridor to remain viable to support
and protect the applied for species.
(6) Review and approval process.
(a) DCD shall determine whether the application submittal is complete. If deemed complete, the department shall evaluate the proposal for compliance with the approval criteria in this section and make a recommendation to the planning commission based on those criteria. The
department shall also notify all parcel owners affected of the terms and contents of the proposal.
(b) Upon receipt of a staff report and recommendation from the department, the planning commission shall hold a public hearing, and make a recommendation to the Jefferson County board of county commissioners based upon the approval criteria in this section.
(c) The Board of county commissioners shall consider the recommendation transmitted by the
planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the application, such action may only occur following a separate public hearing conducted by the board of county commissioners.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(d) Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by the
department, and a notice to title shall be placed upon all parcels affected by the designation.
(e) Each ordinance creating a species or habitat of local importance shall include periodic review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat.
(7) Removal from designation. Species or habitats of local significance may be removed at any
time; provided, they no longer meet the criteria in subsection (5) of this section (e.g., as a result of
a natural catastrophe or climatic change event), and all procedural requirements of this section and Type V land use decisions under chapter 18.40 JCC are met. [Ord. 5-20 § 2 (Appx. A)]
18.22.960 Wetland reports.
(1) General. When required by Article VII of this chapter, a site visit shall be conducted by a wetland specialist or qualified professional to determine if a wetland is present. Based on the site
visit, a wetland reconnaissance letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and wetland delineation reports shall be prepared based on requirements in Article VII (Wetlands) of this chapter, the general report requirements of JCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
(2) Wetland reconnaissance letter. A wetland reconnaissance letter shall be prepared and submitted
only if all the components of the development, land disturbing activity or use are at least 300 feet from areas of temporary impact and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance letter shall document that development, land disturbing activity or use, because of their location, will not impact wetlands and will include the all of the following:
(a) Describe all wetlands and associated buffers on the property;
(b) Narratively and graphically describe the distance of all wetlands from the limits of clearing, as shown on the site plan. The site plan used during the site visit shall be included in the wetland reconnaissance letter;
(c) Provide a wetland delineation field data form for all potential wetland areas assessed;
(e) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and,
(f) Photographs of the site and the wetlands.
(3) Wetland delineation report. A wetland delineation report shall be prepared and submitted if any portion of the development, land disturbing activity, or use is within 300 feet of areas of
temporary impact and areas within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall address the all of following:
(a) Date site visits were made and date report was completed.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(b) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands and buffers within 300 feet
of the development, land disturbing activity or use.
(c) Detailed description of the field evaluation results, location and types of wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and associated buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number.
(d) Wetland Determination Field Data Forms for all wetland and upland plots shall be included
in the report.
(e) Wetland Rating Forms for all wetlands identified shall be included in the report.
(f) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the most current version of the Stormwater
Management Manual for Western Washington, describe any potential effects of the
development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report shall state whether the development, land disturbing activity or use will affect or alter water movement to the wetland if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff
patterns post-construction.
(g) All potential impacts shall be identified. The impact assessment shall include:
(i) Mitigation Sequencing. Describe measures to avoid impacts to wetlands and buffers. For any unavoidable impacts, describe measures to minimize impacts.
(ii) Types of Impacts. All potential impact to wetlands and buffers shall be identified and
described in the report. Impact assessments shall consider direct impacts, indirect impacts,
permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts.
(iii) Impact Area. The area (square footage) of potential impacts shall be quantified for each wetland and buffer. The impact area shall include the wetland and buffer areas that
occur within the limits of clearing, as shown on the site plan.
(iv) Functional Impact. The impact assessment shall describe how wetland and buffer functions and natural processes will be affected by the proposed development or use.
(v) Figures. The impacts described above shall be shown a figure.
(vi) Photos. Photos of areas to be impacted shall be included in a report.
(h) Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation
plans shall include:
(i) Description of the mitigation area and suitability of the area to compensate for impacts to area and functions.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(ii) Detailed description of the mitigation proposal.
(iii) Goals and objectives of the mitigation proposal, including a detailed description of
how the proposal will compensate for impacts.
(iv) Table identifying impact areas (square feet) and functions affected for each wetland and buffer. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and functions).
(v) Mitigation plans shall include performance standards that are applicable to the goals
and policies of the mitigation effort. Monitoring shall be required annually for five years
and quantifiable performance standards shall be specified in the plan for each of the five years.
(vi) A planting plan that lists the native species to be installed, including quantity and density of each species.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall
be described.
(viii) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure wetlands and buffers are adequately
mitigated and protected.
(ix) Figure showing existing conditions, including property boundaries, location of the proposed activity and limits of clearing, existing structures and other physical features on the property, location of all on-site wetlands and buffers, location of wetland boundary flagging and numbering, and plot locations.
(x) Figure showing impact areas on the property. Figure shall show all wetlands and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries, and existing site features.
(xi) Figure showing mitigation areas on the property. Figure shall show location and square footage of each mitigation area. If buffer averaging is proposed, the area of increase shall
be shown relative to the area of decrease.
(i) Photographs of the site and the wetlands or buffer.
(4) A mitigation plan shall not be required if the ILF program, as specified in JCC 18.22.740(4) is used to mitigate project impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.965 Critical area stewardship plan reports.
(1) General. Property owners may elect to develop site-specific critical area stewardship plan
(CASP) as an alternative to the prescriptive requirements of Article VI (FWHCAs) and Article VII (Wetlands) of this chapter. The overall goal of the CASP is to maintain existing functions and values of the watershed and sub-basin, while addressing the needs and desires of the property owner. CASPs are an option if any portion of a development is proposed within a FWHCA,
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
wetland, or require a critical area variance per JCC 18.22.250, or a reasonable use exception per JCC18.22.260.
(2) Authority. The administrator may approve CASPs as an alternative to a variance pursuant to
JCC 18.22.250 or reasonable economic use exception pursuant to JCC 18.22.260.
(3) Review of CASP reports and approval of CASP permits. The administrator shall be responsible for reviewing and approving submitted CASP reports and issuing CASP permits. The administrator may, at the administrator’s discretion, seek technical assistance from the Jefferson
County conservation district, the Washington State Department of Fish and Wildlife or the
Washington State Department of Ecology when reviewing CASPs.
(4) Applicability and limitations of CASPs. CASPs may be used in any land use district; provided, all of the following requirements are met:
(a) CASPs shall not be used where rural transitional zoning applies pursuant to chapter 18.19
JCC if a buffer reduction has the potential to preclude future urban growth density requirements in chapter 18.18 JCC.;
(b) CASPs on properties less than one-quarter acre are prohibited;
(c) CASPs for critical areas other than FWHCAs and their associated buffers (Article VI) or
wetlands and their associated buffers (Article VII) are prohibited;
(d) CASPs shall provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks;
(e) Permits for a CASP not in shoreline jurisdiction as determined by chapter 18.25 JCC shall be processed as a Type I land use decision under chapter 18.40 JCC; and,
(f) Permits for a CASP in shoreline jurisdiction shall be processed as specified in chapter
18.25.
(5) Implementation and time limits for a CASP.
(a) The maximum period of CASP permits shall be five years from the date the CASP permit is issued. Once a CASP permit has expired, it shall not be renewed.
(b) A CASP permit also shall be limited to the same period as the underlying permit (e.g.,
building permit, septic permit, shoreline permit). However, if the underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be limited to three years from the date the CASP permit is issued.
(c) The application for a CASP shall be made on a form approved by DCD. The applicant
shall record a notice to title for the CASP any approved mitigation with the Jefferson County Auditor’s office and shall post a performance bond in an amount determined by the administrator to be sufficient to ensure compliance with the CASP, including. the estimated
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
cost of monitoring by staff or a qualified professional or natural resources conservation professional to ensure that maintenance and monitoring are completed as required by this
section. The performance bond shall be released any amount remaining shall be refunded to
the applicant at the end of the specified monitoring period or when all performance standards are met, whichever is later.
(d) No other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond required by this section, unless
approved by the administrator.
(6) Report requirements.
(a) CASP reports shall be prepared by a qualified professional, wildlife biologist, a wetlands specialist, or both, as the administrator may require and shall show compliance with JCC 18.22.905 (general requirements) and 18.22.950 (habitat management reports) or JCC
18.22.960 (wetland reports).
(b) The CASP report shall be consistent with protection standards in Article VI (fish and wildlife habitat conservation areas) and Article VII (wetlands).
(c) It is the burden of the applicant to demonstrate to the satisfaction of the administrator that the mitigation proposal in the CASP report is sufficiently detailed to justify the impact to the
critical area and or its associated buffer. CASPs that cannot demonstrate protection of the critical area and its associated buffer shall not be approved.
(7) As-Built Plan Requirement. An as-built plan shall be prepared by a wetland specialist describing the action taken to implement the CASP. This as-built plan shall include:
(a) A contour map describing final contours if grading is required;
(b) A quantitative description of the work completed to show compliance with the approved mitigation plan and CASP permit conditions;
(c) Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes;
(d) Additional photographic documentation that shows the condition of mitigation area(s) once
CASP mitigation has been implemented;
(e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved CASP report and to the CASP permit conditions; and
(f) Building final certificate of occupancy or septic final shall not be issued until the applicant
has submitted an as-built showing compliance with this article, the approved CASP report,
and all CASP permit conditions.
(7) Contingency plan requirement. A contingency plan is required describing how the CASP might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals because of events outside the owner’s control (e.g., damage associated with wildlife). For instance,
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if one of the planted species of vegetation proves ill adapted to the environment and fails to survive or thrive to the extent needed to provide the intended function then alternative species should be
identified. In general, plans should initially plant at greater than 120 percent of the specified final
density of shrubs and trees. The contingency plan should call for either supplemental planting when the density falls below the prescribed final density or it could call for the planting of alternate specie(s).
(8) Failure to submit required reports. Failure to submit a report required under this article shall
constitute a failure to comply with the terms of the permit.
(9) Performance bond. The administrator shall authorize the use of the performance bond to ensure maintenance and monitoring are completed to comply with permit conditions. In the event the performance bond amount is insufficient to ensure compliance with the permit (or if land disturbing activities on the site have negatively affected the mitigation area(s), the failure to
comply with CASP permit conditions shall be processed by the administrator pursuant to title 19
JCC (Code Compliance).
(10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in the administrator’s opinion, critical area functions and values will not be adversely affected by a proposed activity.
(11) Recording of approved CASP required. An approved CASP must be recorded on the property
deed (recorded with the Jefferson County auditor) and must remain in effect unless replaced by a new or updated CASP approved by the county. [Ord. 5-20 § 2 (Appx. A)]1