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Home My WebLink AboutWORKSHOP re Amendment to Critical Areas Ordinance powerpointJefferson County 2025 Critical Area Ordinance Update Board of County Commissioners Workshop February 2, 2026 What are our Goals? •Update code to meet state requirements •Go through regulatory reform •Fix conflicting and subjective language •Reduce administrator’s authority in buffer reductions •Documents reviewed by PC at the CAO Update Website Clearing muddy waters with Regulatory Reform Cleaning up the bluffs… DCD updated the geologically hazardous areas code JCC 18.22.530 to clarify existing requirements. Simplified regulated activities in all critical areas to anything not listed under general exemptions in JCC 18.22.230. Clarified what regulations required within all geohazardous areas and what regulations apply to moderate and high landslide hazards and their buffers. Cleaned up conflicting language throughout the document. Added restrictions for public facilities and utilities placed landslide areas, tsunami areas, and seismic areas. Reformatting! (1)General standards for erosion and landslide hazards Comprised of requirements clearing, grading, vegetation removal, stormwater… Applies to all landslide hazard areas and erosion hazards (2) Landslide hazard protection standards for moderate and high landslide hazards. Lists out buffers for moderate and high landslide hazards. Lists requirements for vegetation retention, new utility lines and access roads in hazardous areas or their buffers. (3) Seismic hazard protection standards Defers to JCC 15. Adds requirements for public infrastructure. (4) Tsunami hazard protection standards Adds requirements per state mapping in tsunami inundation areas and low coastal areas. *Existing code has 16 different subsections Site Potential Tree Height (SPTH) Memo Written by Shannon & Wilson Responded to WDFW’s recommendations in “Riparian Ecosystems, Volume 2”. Discussed the difficulty of implementing SPTH. Analyzed the response of other jurisdictions to BAS recommendations. Laid out all options and recommended larger standard buffers with a streamlined method of reducing buffers through vegetation enhancement. Type of FWHCA Existing Buffer Proposed Buffer Non-Fish Bearing Stream 50 or 75 ft depending on grade of the stream. 100 ft Fish Bearing Stream 150 ft (See JCC Table 18.22.630(1)) 200 ft in rural county 150 ft in UGAs and LAMIRDs Shoreline Streams *regulated under JCC 18.25 150 ft 150 ft Ponds under 20 acres 50 ft Dependent on connection to streams: •100 ft if connected to non- fish stream. •200 ft if connected to fish stream. •100 ft if not connected to a stream. Lakes over 20 acres *Shoreline lakes regulated under JCC 18.25 100 ft (see above for stream connections) OR 100 ft FWHCA Buffers Averaging amount Current Proposed Up to 25%Allowed by administrator upon the determination that there is no net loss. Type I Permit process -Enhancement plan or habitat management plan -Well vegetated buffer. Up to 50%Allowed by the administrator for residential development only upon the determination that there is no net loss. Type II Permit Process -Habitat management plan -Fully vegetated buffer. Buffer Averaging – FWHCAs Reduction Amount Current Proposed Up to 25%Allowed by administrator per JCC 18.22.640(1) Type I Variance -Habitat management plan -Fully vegetated buffer 25% to 75%Allowed by administrator per JCC 18.22.640(1) Type III Critical Area Variance Over 75%Allowed by administrator with a special report that determines no net less. Type III Reasonable Use Exception Buffer Reductions – FWHCA *CASPs can be used instead. Reductions are not allowed if averaging is possible 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 Wetland Buffers – Existing is Same as Proposed Averaging amount Current Proposed Up to 25%Allowed by administrator with a special report that determines no net less Per JCC 18.22.730(10) Type I Permit process -Enhancement plan or habitat management plan -Well vegetated buffer. Up to 50%Over 25% reduction not allowed Per JCC 18.22.730(10) Type II Permit Process -Habitat management plan -Fully vegetated buffer. Buffer Averaging – Wetlands Reduction Amount Current Proposed Up to 25%Allowed by administrator per JCC 18.22.730(9) Type I Variance 25% to 75%Allowed by administrator per JCC 18.22.730(9) Type III Critical Area Variance Over 75%Allowed by Administrator with a special report per JCC 18.22.730(9) Type III Reasonable Use Exception Buffer Reductions – Wetlands *CASPs can be used instead. Reductions are not allowed if averaging is possible. High intensity buffers can be reduced to moderate. Habitat Enhancement Plan A plan developed by a qualified individual to achieve the required enhancement. Typically includes a planting plan. Well Vegetated Buffer 40% aerial cover of native trees and shrubs. Includes the removal of invasive/non-native plants with native vegetation. Fully Vegetated Buffer 80% aerial cover of native trees and shrubs. Includes the removal of invasive/non-native plants with native vegetation. New Terminologies Agriculture •Existing agriculture is exempt under general exemptions in JCC 18.22.230(4)(a). •Agricultural Activities (defined in Section 18.10.010 JCC) is broad and allows for land going fallow with no specific timeframes •New agriculture in FWHCA, wetlands, or their buffers on areas not previously farmed are subject to Article VIII Agriculture. •Ag section reviewed by PC & Jefferson County Conservation District. Jefferson County Critical Area Ordinance 2025 Update Thank you!