HomeMy WebLinkAbout058 2025 022626 Memorandum - County Legal response to Reopening RecordMEMORANDUM
Date: February 26, 2026
To: Office of the Hearing Examiner
From: Donna Frostholm, Associate Planner-Lead/Wetland Specialist
Subject: SDP2024-00006/Rock Island Shellfish, Jefferson County Department of
Community Development’s Response to Order Reopening Record
Jefferson County Department of Community Development (DCD) has prepared this response to
the Hearing Examiner’s January 30, 2026 Order Reopening Record and has reviewed the
Applicant’s Initial Response dated February 13, 2026.
1. Code Violation Corrections: Rock Island Shellfish addressed actions taken since the hearing
to address code violations in the Applicant’s Initial Response dated February 13, 2026. These
actions have been taken of the property owner’s own volition and DCD has no additional comment
at this time.
2.Denial of Permits – Applicability: DCD emailed a VCA to the Applicant on July 31, 2025,
but has not subsequently issued a stop work order, a notice of violation, or a notice violation and
order of abatement. For this reason, JCC 19.10.075 would not apply to this shoreline application
at this time.
3. VCA Provisions: As presented in the Jefferson County Closing Statement (dated August 29,
2025) addressing “Recommended Condition 37: Voluntary Compliance Agreement”, DCD
requested the Hearing Examiner adopt language requiring the applicant to sign the VCA with
timelines for completing these actions. DCD’s position has not changed, and remains consistent
with language found in the Closing Statement, in which Jefferson County requested that the
Hearing Examiner adopt language similar to the following:
“The Permittee shall sign the Voluntary Compliance Agreement (VCA) that is the
same or substantially similar to the version dated July 31, 2025, which addresses
the unpermitted development on three upland parcels associated with this shoreline
application. The agreement shall include shall include timelines for demonstrating
compliance, which as stated in the VCA would not exceed two years to obtain
‘after-the-fact’ permits or remove existing unpermitted development. Shellfish
operations shall not begin until DCD has received the signed VCA and has
reviewed and agreed to the proposed compliance timelines. This shoreline permit
does not authorize use of the shorelands for aquaculture operations and any
aquaculture shellfish farming activity proposed on the adjacent shorelands must be
permitted.
DCD understands that, if the Hearing Examiner conditions a permit using language similar to the
above, some dates in the VCA would need to be revised. This would include, but may not limited
to, the due date for signing the VCA and submitting a schedule for removing or obtaining permits.
4. Financial Bond: A requirement for the Applicant to sign the VCA with a timeline to be
approved by DCD would be appropriate to address past unpermitted development on the upland
portions of the three parcels associated with this proposal. In the event that the department
determines an applicant has not met the terms of the VCA, JCC 19.15.015(2) states that monetary
penalties can be imposed and assessed as presented in Chapter 19.30 JCC.
Assuming the Applicant is required to sign the VCA and address the violations within a timeframe
acceptable to the county (as described in #3 above), a bond may not be needed. However, should
the Hearing Examiner determine the Applicant must post a bond, DCD has a procedure in place to
receive and hold bonds. This includes a worksheet to calculate the amount of the bond, record a
restrictive covenant (notice to title), and a cash deposit form.
Conclusion: This memo is intended to address the questions presented in the Hearing Examiner’s
Order Reopening Record and provide the Department’s Response by February 27, 2026.
CERTIFICATE OF SERVICE
The undersigned declares under penalty of perjury, under the laws of the State of Washington
that the following is true and correct:
I hereby certify that on the 26th day of February, 2026, I cause to be served the foregoing
DEPARTMENT’S RESPONSE on the following parties via e-mail:
Jefferson County Office of the Hearing Examiner:
Carolyn Gallaway Adiel McKnight
Hearing Examiner Clerk Deputy Clerk of the Board, CMC
carolyn@co.jefferson.wa.us afmcknight@co.jefferson.wa.us
Jefferson County Department of Community Development:
Donna Frostholm
dfrostholm@co.jefferson.wa.us
Jefferson County Prosecuting Attorney’s Office:
Jeremiah Luther
jluther@co.jefferson.wa.us
Attorney for Applicant (Rock Island Shellfish):
Aimee Muul, Plauche & Carr
aimee@plauchecarr.com
Jesse DeNike, Plauche & Carr LLP
jesse@plauchecarr.com
Laura Mikelson, Paralegal Lead
lmikelson@co.jefferson.wa.us