HomeMy WebLinkAboutCONSENT Hearing Notice re CAO - Appendix A
APPENDIX A
Chapter 18.22
CRITICAL AREAS
Clean Version of JCC 18.22
Appendix A - 1
Chapter 18.22
CRITICAL AREAS
Sections:
Article I. Authority, Purpose, and Intent
18.22.100 Authority.
18.22.110 Purpose.
18.22.120 Liberal construction.
Article II. Administrative Requirements
18.22.200 Applicability, conflicts with other provision of this code and requests.
18.22.210 Identification and mapping of critical areas.
18.22.220 Critical area review process.
18.22.230 Exemptions from all types of critical requirements.
18.22.240 Nonconforming uses and structures.
18.22.250 Buffer 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 and 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 and designation.
18.22.520 Regulated activities.
18.22.530 Protection standards.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
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.
Appendix A - 2
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 plans.
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.
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.
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.
Article II. Administrative Requirements
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 unincorporated 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.
Appendix A - 3
(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 and more protective standards 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 areas 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 and title 222 WAC, which entails conversion of lands to non-forestry use pursuant to JCC 18.20.160.
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 areas maps shall be
periodically 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 may be approved by the administrator based on county records, field data, or
presented in Special Reports that meet all the requirements of Article IX of this chapter 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).
18.22.220 Critical area review process.
(1) A Site Development Review outlined in JCC 18.40.420 to 480 is required for all permits for development, land
disturbing activity or use. If the development, land disturbing activity or use entails complex issues that require
additional input from DCD, the applicant may request an optional pre-application conference per JCC 18.40.090.
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) DCD 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 JCC 18.40.030(2).
(4) DCD shall review all applications for development, land disturbing activity or use submitted to:
(a) Confirm the nature and type of the critical area;
Appendix A - 4
(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 a proposed development, land disturbing activity or use 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 its
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 critical area is consistent with other documentation submitted as part of the
development application and meet the requirements for a complete application in chapter 18.40 JCC.
(6) At every stage of the application process, the burden of demonstrating that a development is consistent with this
chapter is upon the applicant.
(7) Compliance with this chapter and permit conditions shall be required by 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. All 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, land disturbing activity, or use 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 (3) 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. Existing agricultural activities, as defined in JCC 18.10.010, may continue in
substantively the same manner; provided, the agricultural activities do not result in additional adverse impacts
to a critical area or its associated buffer. This exemption shall include maintenance and repair of lawfully
established structures, infrastructure, drainage and irrigation ditches, 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 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.
Appendix A - 5
(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 and their 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 FWHCAs or wetlands), culverts, catch basins,
levees, reservoirs, and outfalls.
(f) Utility activities. The utility activities listed below are exempt:
(i) Normal and routine maintenance or repair of existing utility facilities; or
(ii) With the exception of installation of a new substation, installation, construction, relocation and
replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, in improved
road rights-of-way or easement.
(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 likely is due to conditions of the critical area.
(h) Site investigative activities. Site investigative work in wetlands, landslide hazard areas, riverine and coastal
erosion hazard areas, or FWHCAs, 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 excavation for soil logs or percolation tests. Site
investigative activities that involve excavated areas are required to be filled unless waived in writing 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:
(i) The nature of the emergency requires immediate action within a time period too short to allow full
compliance with this chapter;
(ii) DCD, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers,
Washington State Department of Fish and Wildlife, Washington State Department of Ecology, etc.), have been
notified of the emergency action within one working day of the initiation of the emergency action;
(iii) Any person undertaking emergency action using this exemption shall submit a complete application to
DCD for review and approval within 30 days of abatement of the emergency, and the “after-the-fact”
application must show compliance with all requirements of this chapter; and
(iv) 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.
Appendix A - 6
(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 FWHCA; and
(ii) The artificial wetland or pond was not historically constructed from a wetland or 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 FWHCAs or wetlands are exempt.
(l) Recreational uses without any adverse impact to a critical area. Recreational uses that do not cause any
adverse impacts to a critical area or its associated buffer are 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 normal residential landscaping activities and no building permit is required. This exemption does not
allow any additional intrusion, expansion, or introduction of nonnative 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 jurisdiction;
(ii) The Jefferson County Noxious Weed Control Board, or other agencies with jurisdiction shall
coordinate with DCD for the control of noxious weeds in critical areas or their associated buffers; and
(ii) 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, or the planting of native vegetation is exempt. Invasive plants
include those listed by the Jefferson County Noxious Weed Board or as listed in the Washington State
University Extension invasive forest weed resources. Examples of invasive species include, but not limited to
Butterfly bush, English holly, English ivy, Herb robert, Himalayan blackberry, Tansy ragwort, Shiny geranium,
or as determined by a qualified agency with jurisdiction, and approved by the administrator.
(q) Pruning and tree removal within FWHCAs, wetlands and moderate or high landslide hazard 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, pursuant to the following criteria:
Appendix A - 7
(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 or an arborist report submitted to DCD for review and approval.
(ii) Tree removal: DCD may require for all tree removal within FWHCAs, wetlands, and moderate or high
landslide hazard areas and their associated buffers one or more of the following:
(A) A tree removal permit for the removal of trees over 6-inch in diameter or removal of over 50% of
the live crown;
(B) 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;
(C) A habitat management plan or a mitigation plan;
(D) If tree removal is proposed in a moderate or high landslide hazard area, DCD may require a
geotechnical report if tree removal could destabilize the slope;
(E) 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 a three-foot wide, unpaved, nonmotorized trails. This exemption shall not
apply to shoreline jurisdiction, or within a frequently flooded area.
(s) Beaver dam alterations with a hydraulic project approval. Beaver dam alteration 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 a 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 disturbing 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 a critical area and its associated buffer functions;
(vi) Why no other responsible or practical alternative exists to achieve the applicant’s desired objective;
and
(vii) The best management practices to be used.
(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.
(6) Limitations on exemptions. All exemptions are subject to all of the following limitations:.
Appendix A - 8
(a) The development, land use activity or use shall not alter, impact, or encroach upon critical areas or their
associated buffers and no reasonable or practicable alternative exists;
(b) The development, land use activity or use shall not affect the functions of a critical area or its associated
buffer, and no reasonable or practicable alternative exists to achieve the applicant’s desired objective;
(c) Best management practices shall be implemented to minimize impacts to critical areas and their associated
buffers during the activity;
(d) 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 meets all the criteria for exemptions; (c) Determine that the development,
land disturbing activity, or use is closely allied or similar to any activity in the list in subsection (3) 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) Applicant 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 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) Application 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:
(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.
Appendix A - 9
(c) Applications for a Type I Variance or a Type III 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 action;
(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 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 does not meet the variance criteria may submit a reasonable use exception or a critical area
stewardship plan (CASP).
18.22.260 Reasonable use exceptions.
If a proposal exceeds the FWHCA or wetland thresholds for a variance, the application of this chapter would deny
all reasonable use of the property, or would otherwise constitute a taking under either the state or federal
constitution, an applicant who seeks an exception from the standards and requirements of this chapter shall pursue
relief by means of a reasonable use exception as provided for in this chapter. Any reasonable use authorized under
this section shall also be an allowed or conditional land use specified by chapter 18.15 Land Use Districts. For a
reasonable use exception to be granted, the following criteria shall be met:
(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 land use 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 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 JCC 18.22.250 to the maximum extent possible. In addition, approval of a
reasonable use exception requires consistency with all of the following criteria listed in subsection (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;
(c) There is no other reasonable or practicable use of the property;
(d) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or
off the development proposal site;
Appendix A - 10
(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 and their associated buffers 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 additional conditions established
by the administrator and may require mitigation under an approved mitigation plan pursuant to Article IX (Special
Reports).
18.22.270 Buffers physically separated and functionally isolated.
(1) Critical areas 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.
Physically 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 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 let loss of critical area functions. The county looks to improve processes, and as funding
and staff 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.
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 a 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);
Appendix A - 11
(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
Appendix A - 12
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 CARA that have the potential to impact aquifers. These areas include geologic and hydrologic conditions
that promote rapid infiltration or 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 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. When high
impact uses are proposed in areas classified solely as a suspectable aquifer recharge area or a special aquifer
recharge area, a CARA report or hydrogeologic report that meets all of the requirements of JCC 18.22.930 shall be
submitted to DCD for review and approval.
(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 JCC 18.30.170(1)
and an accepted special report on the CARA 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;
(o) Waste piles as defined in WAC 173-303-660; and,
Appendix A - 13
(p) 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.
(4) Seawater intrusion protection zones. 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 that 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
Appendix A - 14
with the Washington 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 that 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 must 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
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 will 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 must 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 land division (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 must 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 Jefferson County environmental public health
Appendix A - 15
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 Department of Ecology. If the possibility of a problem is suspected, the
local permitting authority should contact the Washington 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 the
following manner, 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 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 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 Department of Health-approved public water system if available;
Appendix A - 16
(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 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); and
(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 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 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; and
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.
Appendix A - 17
(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 shall 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, property, infrastructure, and federally-listed species and to ensure compliance with Federal Emergency
Management Agency (FEMA) requirements.
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 the Federal Emergency Management Agency’s Flood Insurance Rate
Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year floodplain designations
of the Federal Emergency Management Agency and the National Flood Insurance Program.
18.22.420 Applicability.
These standards apply 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.
Appendix A - 18
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 criteria 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 habitat 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 the Federal Emergency Management Agency (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 Jefferson County to demonstrate compliance with the
Biological Opinion (such as a programmatic review), this department may waive the requirement to
submit a habitat assessment.
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.
18.22.510 Classification and designation.
(1) 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 Department
of Natural Resources Geologic Hazard Maps (https://dnr.wa.gov/washington-geological-survey/geologic-hazards-
and-environment/geologic-hazard-maps).
(2) Geologically hazardous area classification and designation. The following classification and designation criteria
are considered when classifying geologically hazardous areas:
(a) Erosion hazard areas (as defined in JCC 18.10.050).
Appendix A - 19
(b) 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:
(i) Areas of historic failures, such as:
(A) Areas delineated by United States Department of Agriculture, Natural Resources Conservation
Service as having a significant limitation for building site development;
(B) Coastal areas mapped by the Washington State Department of Ecology Coastal Atlas as unstable,
unstable old slides, and unstable recent slides; or
(C) Areas designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or landslide
hazards by the Washington State Department of Natural Resources or the United States Geological
Survey.
(ii) 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.
(iii) Areas where all three of the following conditions occur:
(A) Slopes are steeper than 15 percent;
(B) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively
impermeable sediment or bedrock; and
(C) Spring or groundwater seepage.
(iv) 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.
(v) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint
systems, and fault planes) in subsurface materials.
(vi) Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking.
(vii) 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.
(viii) Areas that show evidence of, or are at risk from, snow avalanches.
(ix) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by
debris flows or catastrophic flooding.
(x) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas
composed of bedrock.
(c) 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 (as defined JCC 18.10.200).
Appendix A - 20
18.22.520 Applicability
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 land slide hazard areas only minor pruning of vegetation for view enhancement may be allowed
through consultation with DCD. The thinning of limbs on individual trees is preferred to topping of trees for
view corridors. Total buffer thinning shall not exceed 25 percent of the live tree crowns shall be removed.
(ii) Vegetation shall not be removed from a high or moderate landslide hazard area, except for hazardous
trees based on review by a qualified arborist or as otherwise provided for in a vegetation management and
restoration plan as determined by DCD.
(iii) Development, land use activity, or use shall not be allowed in high or moderate 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 permanent access road under a conversion or conversion option
harvest plan pursuant to JCC 18.20.160.
(c) DCD 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.
Appendix A - 21
(e) If there is a conflict between applicable published standards, the more restrictive protection requirement
applies.
(f) Drainage and Erosion Control.
(i) An applicant submitting a project application 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 moderate landslide hazard area; or
(B) The creation of a new parcel within a high or moderate landslide hazard 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 must 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 requirements within a geologically hazardous area and its associated buffer.
Compliance with all of the following regarding vegetation retention is required:
(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 clearing, grading, or other land-disturbing activities;
(iii) Vegetation within identified clearing limits may be removed upon permit issuance. All vegetation
within the high or moderate landslide hazard area or its critical area buffer, but outside the marked clearing
limits, shall be retained. Cleared vegetation shall not be placed within a high or moderate landslide hazard
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 buffers for high and moderate landslide 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
Appendix A - 22
allowed through a geologic assessment. The minimum building and setback shall be increased from the top of
the slope 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. DCD 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 moderate
or high 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
Appendix A - 23
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 moderate or high 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; or
(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 and tsunami hazard areas protection standards.
(a) Seismic hazard areas protection standards.
(i) The placement of buildings or structures meet the requirements of title 15 JCC.
(ii) 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.
(iii) Public roads, bridges, and utilities 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.
(b) Tsunami hazard areas protection standards.
(i) 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.
(ii) 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 State Department of
Natural Resources Tsunami Inundation Maps.
Appendix A - 24
(iii) 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 State
Department of Natural Resource modeling, unless other measures can be shown to provide equal or greater
protection.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600 Purpose.
The purposes of this article are 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 such important habitats, including net losses through cumulative impacts.
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 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, a drainage district, or an 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.
(b) Areas where federally listed species (endangered and threatened) and candidate species as listed on WDFW
Priority Habitats and Species (PHS) program have a primary association and the administrator determines they
should be designed as FWHCAs;
(c) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (chapter
76.09 RCW and title 222 WAC);
(d) Commercial and recreational shellfish areas;
(e) Kelp and eelgrass beds;
(f) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas;
(g) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and
wildlife habitat;
(h) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
(i) State natural area preserves, natural resource conservation areas, and state wildlife areas; and
Appendix A - 25
(j) 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 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 under 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 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 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
Appendix A - 26
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 with jurisdiction, 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 buffer without
prior approval by DCD 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 a FWHCA 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.(d) Damage to a FWHCAs and its associated buffer from land disturbing
activity shall be minimized by installing temporary construction fencing before grading near the buffers, and
the felling of trees away from these areas.
(4) Buffer marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing
activity or use 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. 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.
(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 JCC
18.22.630(2) of this section.
Appendix A - 27
(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 outlined
in JCC 18.22.230(3)(q)) 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 development, land disturbing activity or use.
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): Stream Buffers*
Stream Type Buffer Width (feet)
Type “S” – Shoreline Streams 150
Type “F” – Fish Habitat Streams:
Urban Growth Areas:
LAMIRDs:
Other (Rural) Areas:
150
150
200
Type “Np”– Non-Fish Habitat Perennial
Streams
100
Type “Ns” – Non-Fish Habitat Seasonal
Streams
100
*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, or as outlined in JCC 18.22.620(3).
(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):
Appendix A - 28
Table 18.22.630(2): Required buffers for non-stream FWHCAs
FWHCA Type Buffer Width (feet)1
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 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 Natural Resource Conservation Areas3 Not applicable
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 importance 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,
Appendix A - 29
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 permitted development that is as subject to a legal non-conforming use;
(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, English ivy,
Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or
habitat management plan shall be required to achieve this standard, which 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, English ivy,
Scotch broom etc) or noxious weeds and replacement with native vegetation. An enhancement plan or
habitat management plan shall be required to achieve this standard, which 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.
Appendix A - 30
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
Type “Ns” – Non-Fish Habitat Seasonal Streams
75
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 an enhancement plan or 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, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native
Appendix A - 31
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.
Table 18.22.630(4): Buffer Averaging, Reduction, Permit Process and Criteria
Buffer Averaging Permit Process
Up to 25% Type I per JCC 18.22.630(6)(a)
Up to 50% Type II per JCC 18.22.630(6)(b)
Variances1
Buffer Reduction2 Permit Process
Up to 25% Administrative Type I Variance per JCC 18.22.630(7)
Over 25% to 75% Type III Critical Area Variance per JCC 18.22.250
Over 75% Type III Reasonable Use Exception per JCC 18.22.260
Footnote 1: A Critical area stewardship plan (CASP) meeting the provisions of JCC 18.22.965 may be utilized instead of critical area variances or
Reasonable Use Exception.
Footnote 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 a FWHCA or its associated buffer only when no
practicable or reasonable alternative location is available. Any private or public road expansion or construction
Appendix A - 32
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 size
(diameter) and 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) Utility corridor. In addition to meeting the utilities standards above, new utility corridors (serving more than
one property) proposed within a FWHCA or its associated buffer shall require a Type III Variance under JCC
18.22.250. The construction of new utility corridors shall protect the FWHCA and its associated buffer 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,
Appendix A - 33
(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,
(f) 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,
(g) 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 above, 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;
Appendix A - 34
(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, 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 permit. 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.
(a) In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams
requires a variance under JCC 18.22.250.
(b) 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.
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 sequencing. Mitigation includes avoiding, minimizing, or compensating for adverse impacts
to a 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) 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;
Appendix A - 35
(f) Monitoring the required 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 or its associated 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) FWHCAs mitigation shall include the following options:
(i) On-site mitigation. The applicant may propose on-site mitigation if the mitigation proposal
compensates for the loss or degradation to existing habitat.
(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 better or better protection of the FWHCA and
compensates for the loss of functions and values; and
(C) There is a willing landowner 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 its associated 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 FWHCAs
or their associated buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.740(4).
Article VII. Wetlands
18.22.700 Purpose.
The purposes of this article are 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, services, and values 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
Appendix A - 36
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands
may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of
wetlands.
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 Program;
(iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; (v) wetlands in coastal lagoons; or
(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 FWHCA or its associated buffer 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;
Appendix A - 37
(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 five or more points for habitat functions (based on the 2014 version of the
Washington Department of Ecology Wetland Rating System, or as amended by Washington Department of
Ecology).
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered, unless approval
is obtained from Washington State Department of 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 JCC 18.22.710(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.
Appendix A - 38
(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.
(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 a wetland or its associated buffer 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 a buffer is not impacted by proposed adjacent development, land disturbing
activity, or use 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 or its associated buffer 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.
Appendix A - 39
(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).
(d) 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 JCC 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
Appendix A - 40
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 wetland 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, land disturbing
activities or use by 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 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 Washington State
Department of Ecology’s 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
Appendix A - 41
Disturbance Required measures for land use intensity reduction
• For non-residential development, DCD may require wetland and its associated 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 to match the adjacent to the higher-functioning or more-sensitive
portion of the wetland and decreased to match the 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 JCC
18.30.130;
(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 JCC 18.22.730(9) 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, English ivy,
Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or
habitat management plan shall be required to achieve this standard, which 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:
Appendix A - 42
(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, English,
Scotch broom, etc.) or noxious weeds and replacement with native vegetation. An enhancement plan or
habitat management plan shall be required to achieve this standard, which 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) Process and criteria for wetlands reduction. The administrator may reduce wetland buffers up to 25%
administratively through a Type I Variance for moderate land uses provided a wetland delineation shall be submitted
to DCD for review and approval establishing 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 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;
(c) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent wetland 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 currently 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
Appendix A - 43
of invasive non-native plants (e.g. Himalayan blackberry, English ivy, Scotch broom, etc.) 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, which shall include a 5-year monitoring plan to ensure that standards are met;
and
Table 18.22.730(1)(d). Buffer Averaging, Reduction, Permit Process and Criteria
Buffer Averaging Permit Process
Up to 25% Type I per JCC 18.22.730(8)(a)
Up to 50% Type II per JCC 18.22.730(8)(b)
Variances1
Buffer Reduction2 Permit Process
Land use intensity from high to moderate JCC 18.22.730(7)
Up to 25% Type I moderate land uses per JCC 18.22.730(9)
Over 25% to 75% Type III Critical area variance per JCC 18.22.250
Over 75% Type III Reasonable use exception per JCC 18.22.260
Footnote 1: A Critical area stewardship plan (CASP) meeting the provisions of JCC 18.22.965 may be utilized instead of critical area variances or
reasonable use exception.
Footnote 2: Buffer reduction is 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 a 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.
Appendix A - 44
(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.
(f) 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.
(g) 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;
Appendix A - 45
(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 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 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;
(f) Monitoring the required 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:
Appendix A - 46
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category and Type
of Wetland Impacts
Reestablishment or
Creation
Rehabilitation Only1 Reestablishment or
Creation (R/C) and
Rehabilitation (RH)1
Reestablishment or
Creation (R/C) and
Enhancement (E)1
Enhancement 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
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 fall 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
requirements are met, as specified in Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended.
(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
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 protected and managed to avoid
further development or degradation. The applicant or code violator must provide for long-term preservation of
the compensation area. The administrator has the authority to require the applicant record a notice to title to
ensure protection.
Appendix A - 47
(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.
(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 wetlands specialist documents 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 wetlands
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
Appendix A - 48
(vii) Potential functions and values at the site of the proposed restoration are significantly greater than the
lost wetland functions and values.
(c) Compensation outside of the subdrainage 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 shall be completed prior to wetland destruction, where feasible.
(6) In-lieu fee program (ILF). An applicant may opt to use an ILF to compensate for impacts to wetlands or their
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 its associated 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 operations that incorporate protection of the environment, including critical
areas and their associated buffers as defined by this chapter, are essential to achieving this goal.
(3) Jefferson County offers producers of agricultural products or commodities (agricultural activities as defined in
JCC 18.10.010) 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
Appendix A - 49
(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.
18.22.810 Resource concerns.
The continuation of existing agricultural activities meeting the provisions of JCC 18.22.230(3)(a) is exempt from
critical area requirements and the requirements of this chapter. Agricultural activities are defined in JCC 18.10.010.
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.
18.22.820 Alternative performance-based approach for agriculture in FWHCAs or wetlands
(1) Applicability. 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
on a form approved by the administrator and approval by DCD based on 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 as of the effective date 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;
Appendix A - 50
(vi) Constructing or altering ponds for agricultural use;
(vii) Expanding or altering manure or compost management structures or practices;
(viii) Expanding or altering the application of fertilizers or agricultural chemical in proximity to wetlands
or water bodies;
(ix) Adding or altering irrigation practices; or
(x) Other similar agricultural activities as determined by the administrator.
(2) This article does not apply to:
(a) Exempt agricultural activities per JCC 18.22.230(3)(a);
(b) Agricultural activities occurring within the footprint of use as of the effective date of March 10, 2020, the
date agriculture was first regulated under this article are exempt from compliance with this chapter unless listed
in JCC 18.22.720;
(c) Agricultural activities that meet the FWHCA and wetland prescriptive standards; or
(d) Agricultural activities that do not lie within FWHCA or wetland prescriptive standard.
(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 potential negative impacts described under resource concerns in
JCC 18.22.810 in 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 standards 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 or 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 proponent shall be subject to the
prescriptive standards of this chapter and may apply for variances or reasonable use exceptions as applicable
under JCC 18.22.250 and 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
financial and other provisions.
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
Appendix A - 51
performance standards 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 FWHCAs
and wetlands;
(c) Agricultural lands are managed to prevent stormwater from carrying manure, pathogens, sediment,
pesticides, and other contaminants from entering all FWHCAs 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 FWHCAs 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 FWHCAs or wetlands or (ii) consistent with farm assistance agency-designed conservation
practices that provide for buffers around FWHCAs 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 FWHCAs and wetlands;
(h) Manure is applied in a manner to prevent pollution of FWHCAs and wetlands;
(i) Compost production is handled and stored in a way that prevents stormwater from carrying nutrients,
pathogens, sediment and other contaminants into FWHCAs and wetlands;
(j) Fertilizers or agricultural chemicals for weed and pest control are applied in a manner that prevents them
from entering any FWHCAs 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 county 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 FWHCAs and their associated buffers.
Appendix A - 52
(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 FWHCA Buffers
Activity Allowed in wetlands Allowed in associated Wetland and FWHCA 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 chapter.
Yes, new or expanded agricultural activities 1,2
Yes, existing agricultural activities lawfully established
as of March 10, 2020, the date regulation of agriculture
was first adopted in this chapter.
Yes, new or expanded agricultural activities 1,2
Agricultural structures,
buildings, impervious areas
Limited to activities addressed by farm assistance
agency practices on farmed wetlands, including but not
limited to high tunnel systems, where consistent with
federal and state law 1,2,3
Yes, existing agricultural activities lawfully established
as of March 10, 2020, the date regulation of
agriculture was first adopted in this chapter.
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 Type 1 or Type 2 proposal per JCC 18.22.820.
2 Conditions or performance standards applied by the administrator may include but are not limited to wetland/riparian or buffer enhancement
in limited circumstances and as determined in consultation with a farm assistance agency or qualified professional, or wetland 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, 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, a natural resources
conservation professional or a qualified professional.
(b) If the 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 proponent 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
Appendix A - 53
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” mean the following categories as compared to conditions as of March 10, 2020,
the date regulation of agriculture was first adopted in this chapter:
(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 FWHCA, 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.
(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 FWHCA 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 in accordance with
the most recent version of the Washington State Department of Ecology Guidelines for Project Quality Plans
for Environmental Studies and reviewed by Jefferson County Department of Environmental Public Health or
another agency with jurisdiction. 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, DCD and environmental 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
March 10, 2020, the date regulation of agriculture was first adopted in this chapter. Additionally, indicators of
Appendix A - 54
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 jurisdiction). 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 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/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, 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, a natural resources management professional or a qualified
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 conservation district staff or other farm assistance agency staff may accompany DCD.
(b) The county will, in cooperation with producers 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
Appendix A - 55
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.
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 associated buffers.
(2) Agricultural activities are expected to meet the objectives and standards of this article through voluntary
compliance. Agricultural operations 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, natural resources management professional or qualified professional.
(c) When substantial changes in the agricultural activities of the farm or livestock operation 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 practices 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
DCD for review and approval. If the administrator determines the proposed activities and conservation practices do
not sufficiently address critical areas degradation, a farm assistance agency, natural resources management
professional or qualified professional shall prepare a schedule of conservation practices. The applicant shall allow
the county or farm agency with expertise reasonable access to the parcel to determine that the scheduled
Appendix A - 56
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 of agricultural products or commodities 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 operations. 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.
18.22.860 Limited public disclosure.
(1) Producers of agricultural products or commodities that have a farm plan developed by a farm assistance agencies
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 of a farming
enterprise, the nature of the farming 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 of agricultural products or commodities 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 conservation farm plan.
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 development, land disturbing activity or use 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.
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 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 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 of the critical area. The administrator will
determine if they agree with the assessment of the habitat assessment letter.
Appendix A - 57
(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) 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;
(c) Describe existing conditions and all critical areas and their buffers occurring on the property;
(d) Assess potential impacts to all critical areas and their associated buffers per the specific requirements
described 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 project site.
(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.
(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.
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.
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.
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:
Appendix A - 58
(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;
(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
(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 a
reasonable use exception 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 environmental 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 or Washington State Department of Health.
(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 proposed activities to critical aquifer recharge areas.
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).
Appendix A - 59
(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.
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 geologically hazardous areas or
their associated buffers, as described in JCC 18.22.530(2); 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 JCC 18.22.530(2), (3) or (4), or if a buffer
reduction is proposed.
(a) A geotechnical report shall contain the following information:
(i) Site location, including parcel number;
(ii) Detailed description of development, land disturbing activity or use;
(iii) Date on-site geologic assessment was conducted and date report was completed;
(iv) 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;
(v) 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;
(vi) 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;
(vii) Assessment of the potential for the proposed activity to affect the geologically hazardous area or the
stability of the area.
Appendix A - 60
(viii) Drainage and erosion control plan that addresses provisions in 18.22.530(1)(f) and presents physical,
structural, or managerial best management practices that prevent or reduce pollution of water;
(ix) 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 water movement to the geologically hazardous and buffer if the
proposal is implemented and identify measures to avoid or minimize alteration of stormwater;
(x) If a development, land disturbing activity or use is proposed within a geologically hazardous area as
addressed in JCC 18.22.530(2), (3) and (4), 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;
(xi) Conclusions and recommendations relevant to the development, land disturbing activity or use and
existing site conditions;
(xii) Site plan showing the location and extent of development, land disturbing activity or use proposed
during the site visit; and
(xiii) 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 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 (Fish and Wildlife Habitat Conservation Areas), 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 and its
associated buffer. 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 buffer on the property;
(e) Narratively and graphically present the distance of all FWHCAs 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, as described in this chapter, or if a critical area or its associated buffer reduction is
proposed. A habitat management plan shall address the following:
Appendix A - 61
(a) Detailed description of all proposed project components relative to every FWHCAs, 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 JCC 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 development, land disturbing activity or use 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 use 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 must be prepared in accordance with subsection (3)(i)
of this section.
(ii) Types of impacts. All potential impacts to every FWHCA and its functions and values shall be
identified and described in the habitat management report. Habitat 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 and
its associated buffer. At a minimum, impact area shall include 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 values will be affected by the 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
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.
Appendix A - 62
(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 FWHCAs are adequately 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.
(x) Photographs of the site and the FWHCAs.
(4) In-lieu fee (ILF) program. A mitigation plan shall not be required if an approved ILF program, as specified in
JCC 18.22.660(3), is used to mitigate project impacts.
18.22.955 Process and requirements for designating 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 Type V land use decisions 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 habit 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.
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(v) A map of an appropriate scale to properly describe the location and extent of the habitat;
(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 activities 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 will be used to determine the success of the
project.
(B) The requirements and time period required to evaluate the success of the plan;
(C) A contingency plan for failure; and
(D) A list of all parcels not included in the nomination but affected by the monitoring process;
(vii) An economic impact, cost, and benefits analysis; and
(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 criteria.
(a) The application for designating a species of local importance under this section shall satisfy all of the
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;
(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
Appendix A - 64
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 nominated for designation 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 application 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, DCD 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. DCD 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 DCD, the planning commission shall hold a public
hearing, and make a recommendation to the Jefferson County board of commissioners based upon the approval
criteria in this section.
(c) The board of 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.
(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 DCD, 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 the procedural requirements established for Type
V land use decisions within chapter 18.40 JCC are met.
18.22.960 Wetland reports.
(1) General. When required by Article VII of this chapter, a site visit conducted by a wetland specialist or qualified
wetland 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
Appendix A - 65
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
all of the following:
(a) Describe all wetlands and their 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 all of the
following:
(a) Date site visits were made and date report was completed.
(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 associated 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 JCC 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
development, land disturbing activity or use 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.
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(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.
(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 an actively managed ILF program is approved by the administrator and
used to mitigate project impacts.
18.22.965 Critical area stewardship plans.
(1) General. Property owners may elect to develop site-specific critical area stewardship plans (CASPs) 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, wetland, or require a critical area variance per JCC 18.22.250, or a reasonable use
exception per JCC 18.22.260.
(2) Authority. The administrator may approve CASPs as an alternative to a variance pursuant to JCC 18.22.250 or a
reasonable use exception pursuant to JCC 18.22.260.
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(3) Review of CASPs reports and approval of CASPs permits. The administrator shall be responsible for reviewing
and approving submitted CASPs reports and issuing CASPs permits. The administrator may, at the administrator’s
discretion, seek technical assistance from the Jefferson County conservation district, Washington State Department
of Fish and Wildlife or the Washington State Department of Ecology when reviewing CASPs.
(4) Applicability and limitations. 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 area density requirements in chapter 18.18 JCC;
(b) CASPs on properties one-quarter acre or larger;
(c) CASPs are only allow for development, land disturbing activities or uses proposed in FWHCAs and their
associated buffers (Article VI) or wetlands and their associated buffers (Article VII);
(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 JCC.
(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 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 five 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
title for the CASP any approved mitigation with the Jefferson County auditor’s office and shall post a
mitigation performance bond in an amount determined by the administrator to be sufficient to ensure
compliance with the CASP, including the estimated 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. 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
JCC 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 (FWHCA) 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.
Appendix A - 68
(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.
(8) 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, 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).
(9) 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.
(10) 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 development, land disturbing activities or uses 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 development, land
disturbing activity or use.
(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.