HomeMy WebLinkAboutHEARING re CAO - .Critical Areas Ordinance - entire packet
1
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh D. Peters, County Administrator
FROM: Jeremy Williammee, Community Development Director
Greg Ballard, Development Code Administrator
DATE: March 9, 2026
SUBJECT: HEARING and POSSIBLE ACTION re: Amendments to the Jefferson County Code
regarding Critical Areas Ordinance (CAO)
STATEMENT OF ISSUE:
The Board of County Commissioners (BoCC) has scheduled a public hearing for March 9, 2026, at 2:30
p.m. to consider amendments to the Jefferson County Code (JCC) related to the Critical Areas Ordinance
(CAO). Specifically, amendments to chapter 17.05 JCC (General Provisions for Port Ludlow Master
Planned Resort) in Appendix C, the amendments to chapter 18.10 JCC in Appendix D; the amendments to
18.30 (Development Standards) in Appendix E, the amendments to chapter 18.40 JCC (Permit
Application and Review Procedures/SEPA Implementation) in Appendix F, and the amendments to
chapter 18.42 JCC (Personal Wireless Service Facilities) in Appendix G.
ANALYSIS:
The Planning Commission (PC) held a public hearing on December 17, 2025, and continued deliberations
on January 7, 2026. After completing its review, the PC voted 9–0 to recommend that the BoCC adopt the
proposed amendments to title 18 of the JCC pertaining to critical areas.
The BoCC conducted a workshop on February 2, 2026, to review the PC’s recommendation. Following
discussion, the BoCC elected to hold its own public hearing to gather additional testimony on the
proposed amendments. On February 23, the BoCC approved a notice of public hearing for March 9, 2026,
at 2:30 p.m., which was subsequently published in the February 25 and March 4, 2026 editions of The
Leader. The Board may deliberate and take action on the CAO immediately following the hearing.
DCD staff have reviewed the PC’s recommendation and prepared the attached updated amendments for
the BoCC’s consideration. These updates are consistent with the PC’s recommendations and are limited to
correcting scrivener’s errors and ensuring alignment with Resolution 17‑19 on regulatory reform. The
Prosecuting Attorney’s Office has reviewed the staff recommendation.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
The General Fund supports this planning process. No significant fiscal impact from the decision to hold a
public hearing, other than the fee charged by the newspaper of record.
2
RECOMMENDATION:
Conduct the public hearing on March 9, 2026, at 2:30 p.m., deliberate, and potentially take final action on
the proposed amendments to the Jefferson County Code related to the Critical Areas Ordinance (CAO)
update. The Board may choose to begin or continue deliberations at a later date. The Board may also opt
to keep the public hearing open to a specified date and time, to continue deliberations and accept
additional written testimony or to receive additional oral testimony at a future continued hearing.
REVIEWED BY
Josh D. Peters, County Administrator Date
3/3/2026
1
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 18.22 of the Jefferson County Code,
known as the Critical Areas Ordinance, and
Amending Chapter 17.05 JCC (General
Provisions for Port Ludlow Master Planned
Resort), Chapter 18.10 (Definitions), Chapter
18.30 (Development Standards), Chapter
18.40 JCC (Permit Application and Review
Procedures/SEPA Implementation), and
Chapter 18.42 JCC (Personal Wireless
Service Facilities).
ORDINANCE NO. _____________________
WHEREAS, Jefferson County is required under the Growth Management Act (GMA), as
codified under chapter 36.70A RCW and under the chapter 18.45 of the Jefferson County Code
(JCC) to conduct a periodic review and update of the Comprehensive Plan and Development
Regulations to ensure consistency with updated state laws and regulations, population and
employment projections, and county policy decisions and adopts the following procedural and
legislative findings; and
WHEREAS, RCW 36.70A.170 and RCW 36.70A.172 requires Jefferson County to
designate critical areas, including the best available science in developing policies and
development regulations to protect the functions and values of critical areas; and
WHEREAS, RCW 36.70A.130 requires Jefferson County to continually review, evaluate,
and periodically update its development regulations, including critical areas regulations; and
WHEREAS, Jefferson County’s critical areas regulations are contained in chapter 18.22
of the JCC, which is commonly known as the critical areas ordinance (CAO); and
WHEREAS, Ordinance No. 03-0317-08 adopted chapter 18.22 JCC (Critical Areas) and
repealed the portions of chapter 18.15 JCC on “environmentally sensitive areas,” namely JCC
18.15.165, and JCC 18.15.185 through and including JCC 18.15.400. See Ordinance No. 03-0317-
08, Exhibit B; and
WHEREAS, a note to JCC 18.15.180 states, “This was the location of former
Environmentally Sensitive Areas District (ESA) Overlays, now codified in Chapter 18.22 as
Critical Areas. Any remaining references to “environmentally sensitive areas” within the Jefferson
County Code are interchangeable with the term “critical areas;’” and
WHEREAS, adoption of Ordinance No. 03-0317-08 on March 17, 2008 is when a switch
in the terminology to “critical areas” occurred in the Unified Development Code (title 18 JCC).
However, remnants of the “environmentally sensitive areas” language continues in a few places in
chapter 17.05 JCC (General Provisions for Port Ludlow Master Planned Resort), chapter 18.30
(Development Standards), chapter 18.40 JCC (Permit Application and Review Procedures/SEPA
2
Implementation), and chapter 18.42 JCC (Personal Wireless Service Facilities); and
WHEREAS, in the GMA, “critical areas” has replaced the concept of “environmentally
sensitive areas.” Full consistency with both the GMA and Resolution 17-19 (Regulatory Reform)
should be accomplished by the elimination of all uses of “environmentally sensitive areas” in titles
17 and 18 JCC; and
WHEREAS, Jefferson County apprised the public that the CAO was in the process of being
updated during publicly noticed Jefferson County Planning Commission (Planning Commission)
meetings which were held simultaneously in-person on October 16, 2024 in Brinnon, February 26,
2025 in Port Hadlock, March 19, 2025 in Gardiner, and March 25, 2025 in Quilcene and on-line;
and
WHEREAS, Jefferson County Staff provided an overview of revisions to the Fish and
Wildlife Habitat Conservation Areas sections of the CAO to the Planning Commission in a
publicly noticed meeting on April 2, 2025; and
WHEREAS, Jefferson County Staff provided the Planning Commission with existing and
proposed language for the Fish and Wildlife Habitat Conservation Areas and Geologically
Hazardous Areas articles of the CAO on April 16, 2025: and
WHEREAS, Jefferson County Staff discussed revisions to the Critical Aquifer Recharge
Area, Frequently Flooded Areas and Wetland sections of the CAO with the Planning Commission
in a publicly noticed meeting on May 7, 2025; and
WHEREAS, Jefferson County Staff discussed the Fish and Wildlife Habitat Conservation
Areas Technical Memo, agriculture section and wetland buffer reductions with the Planning
Commission in a publicly noticed meeting on May 21, 2025; and
WHEREAS, Jefferson County Staff provided the Planning Commission a clean version of
the revised Fish and Wildlife Habitat Conservation Areas and Wetland sections of the CAO on
June 18, 2025; and
WHEREAS, Jefferson County Staff discussed the latest changes of the Geotechnically
Hazardous Areas, Fish and Wildlife Habitat Conservation Areas Technical Memo and Wetlands
sections with the Planning Commission in a publicly noticed meeting on August 6, 2025; and
WHEREAS, Jefferson County Staff provided the Planning Commission a copy of the
revised CAO and discussed the revised definitions in a publicly noticed meeting on November 19,
2025; and
WHEREAS, Jefferson County Staff provided an overview of revisions to Geologically
Hazardous Areas and proposed buffer averaging and reduction processes for FWHCA and
wetlands, and discussed the variance and reasonable use exception sections to the Planning
Commission in a publicly noticed meeting on December 3, 2025; and
WHEREAS, the CAO is supported by a record of best available science; and
3
WHEREAS, on December 17, 2025, the Planning Commission has reviewed the draft
CAO prepared by Jefferson County Staff recommendations and held a duly noticed public hearing
to receive testimony on the proposed amendments to the CAO; and,
WHEREAS, on January 7, 2026, the Planning Commission deliberated on the testimony
and record, and unanimously voted to recommend the proposed CAO as modified by it for BoCC
consideration; and
WHEREAS, on February 2, 2026, the BoCC held a workshop on the Planning
Commission's recommendation, and the BoCC elected to hold its own public hearing on the
proposed amendments to the relevant sections of the Jefferson County Code; and
WHEREAS, the BoCC, after timely notice, held a public hearing on March 9, 2026, and
hear public testimony; and
WHEREAS, the BoCC deliberated over the proposed CAO, providing substantive
feedback, which resulted in changes to the CAO which are consistent with the GMA, the State
Environmental Policy Act (“SEPA”) review, Resolution 17-10 (Regulatory Reform), and the best
available science record; and
WHEREAS, the entire package of regulations adopted by the BoCC, including the
replacement chapter 18.22 JCC reflected in Appendix A, the redline version as shown in Appendix
B; the amendments to chapter 17.05 JCC (General Provisions for Port Ludlow Master Planned
Resort) in Appendix C, the amendments to chapter 18.10 JCC in Appendix D; the amendments to
18.30 (Development Standards) in Appendix E, the amendments to chapter 18.40 JCC (Permit
Application and Review Procedures/SEPA Implementation) in Appendix F, and the amendments
to chapter 18.42 JCC (Personal Wireless Service Facilities) in Appendix G are attached to this
Ordinance;
WHEREAS, the BoCC finds that the periodic review and update of the CAO and the
replacement of chapter 18.22 reflected in Appendices A and B, the amendments to chapter 17.05
JCC in Appendix C, the amendments to chapter 18.10 JCC in Appendix D; the amendments to
18.30 in Appendix E, the amendments to chapter 18.40 JCC in Appendix F, and the amendments
to chapter 18.42 JCC in Appendix G serve to benefit the health, welfare, safety, and lifestyle of
the residents of Jefferson County; and
WHEREAS, the BoCC finds that the periodic review and update of the CAO and the
amendments to chapters 17.05, 18.10, 18.22, 18.30, 18.40, and 18.42 JCC reflected in the
Appendices A, B, C, D, E, F, and G are consistent with county-wide planning policies and
consistent with the comprehensive plans of other counties and cities with which Jefferson County
has common border or regional issues; and
WHEREAS, the BoCC finds that the periodic review and update of the CAO in chapter
18.22 JCC and the amendments to chapters 17.05, 18.10, 18.22, 18.30, 18.40, and 18.42 JCC
satisfy GMA and JCC requirements for a periodic review and update; and,
WHEREAS, the BoCC has fulfilled the requirement that it must evaluate the CAO periodic
review and update it using the criteria set forth in JCC 18.45.080(2)(c); and,
4
WHEREAS, the BoCC makes the following additional findings, based on the full and
complete record, pursuant to each requirement in JCC 18.45.080(2)(c) (repeated in italics below):
(i) Have circumstances related to the proposed amendment and/or the area in which it is
located substantially changed since the adoption of the Jefferson County Comprehensive Plan?
The circumstances underlying the recommended code amendments have not substantially
changed since adoption of the Jefferson County Comprehensive Plan. The Comprehensive
Plan's periodic review and update was completed in December 2018 and is currently
undergoing the required periodic review process, with final legislative adoption anticipated
in 2026. This proposal aligns the CAO development regulations with the County’s
Comprehensive Plan.
(ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no
longer valid; or is new information available, which was not considered during the adoption
process or any annual amendments to the Jefferson County Comprehensive Plan?
The assumptions underlying the Jefferson County Comprehensive Plan remain sound.
Feedback and information gathered through the public process have further shaped this
proposal. The 2025 CAO update prioritizes improving readability and usability,
eliminating confusing or redundant provisions, reducing subjectivity in regulatory
language, and clarifying and refining key terms. The CAO establishes development
regulations that protect the functions and values of critical areas in unincorporated
Jefferson County while safeguarding public health, safety, and general welfare.
(iii) Does the proposed amendment reflect current, widely held values of the residents of
Jefferson County?
The proposal reflects currently widely held values. The proposed CAO meets requirements
of the Comprehensive Plan, representing residents’ input. The proposed CAO is consistent
with the 2018 Comprehensive Plan. Note that the following Framework Goal: Framework
Goal VI Environmental Conservation (Foster environmental stewardship, preserve clean
air and water, and protect fish and wildlife habitat. Anticipate and respond to climate
change with mitigation and adaptation strategies) remains valid and was not proposed for
change during the 2025 Periodic Review process. Testimony received during the public
hearing and comment period confirms that the proposal aligns with these widely held
values.
(iv) Is growth and development as envisioned in the 2025 Comprehensive Plan occurring
faster or slower than anticipated, or is it failing to materialize?
Growth in Jefferson County has occurred at a slower pace than projected in the 2018
forecasts. The slower growth rate is being addressed in the 2025 periodic review.
(v) Has the capacity of the county to provide adequate services diminished or increased?
The capacity of the County to provide adequate services has not diminished or increased
relating to this proposal.
5
(vi) Is there sufficient urban land, as designated and zoned to meet projected demand and
need?
There is sufficient urban land as designated and zoned to meet projected demand and need.
(vii) Are any of these assumptions under which the plan is based no longer found to be
valid?
All assumptions in the Comprehensive Plan are still valid.
(viii) Are there changes in the county-wide attitudes? Do they necessitate amendments to
the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive
Plan Vision Statement?
The county-wide attitudes remain strongly aligned with those embodied in the
Comprehensive Plan Vision Statement. The proposal does not necessitate amendments to
the goals or basic values embodied within the Comprehensive Plan Vision State and the
proposal brings the development regulations into better conformance with the
Comprehensive Plan.
(ix) Are there changes in circumstances which dictate a need for amendment to the
Comprehensive Plan?
The circumstances related to the proposal and affected areas have not substantially changed
since the adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan's
periodic review and update is currently underway, and the proposed CAO development
regulations align with the Comprehensive Plan.
(x) Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and countywide planning policies for Jefferson County?
There are no inconsistencies between the Comprehensive Plan, GMA, and Countywide
Planning Policies for Jefferson County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF JEFFERSON COUNTY, STATE OF WASHINGTON, AS
FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County BoCC hereby adopts the
above “Whereas” clauses as Findings of Fact.
Section 2. Purpose. The purpose of this ordinance is to repeal and replace No. 05-0310-20, as
currently codified in chapter 18.22 JCC, and replace this chapter with the CAO as reflected in
Appendices A and B. This updated CAO incorporates best available science and is consistent with
the Comprehensive Plan for Jefferson County. The repealing of the chapter 18.22 JCC and the
ordinances adopting and amending the Critical Areas Ordinance does not repeal or affect any
vested rights established by the ordinance.
6
Section 3. Adoption of Amendment to Chapters 17.05, 18.10, 18.30, 18.40, and 18.42 JCC. These
chapters are hereby amended as presented in Appendices C, D, E, F. and G.
Section 4. Best Available Science. All references listed in Appendix H are incorporated to the
County’s 2008, 2009 and 2020 Record of Best Available Science, and are considered the review
of scientific literature that was submitted, considered, and evaluated by citizens, agencies, tribes,
the Planning Commission, Department of Community Development, and the Board of County
Commissioners. This literature is referred to as the best available science. The best available
science was included in the citizen, Planning Commission, and Board of County Commissioner
review.
Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance or
its application to any person or circumstance is held invalid, the remainder of this ordinance or its
application to other persons or circumstances shall be fully valid and shall not be affected.
Section 6. SEPA Compliance. The county, acting as lead agency, published a SEPA Checklist and
Determination of Non-Significance (DNS) on November 26, 2025. For the DNS, in accordance
with Part 6 of chapter 197-11 WAC, the SEPA responsible official relied upon the following
existing environmental documents:
Year State Environmental Policy Act Document Description
1997-1998 Draft and Final Environmental Impact Statements (DEIS/FEIS) and addenda
prepared in anticipation of adoption of the Comprehensive Plan in 1998. The
DEIS and FEIS are dated February 24, 1997 and May 27, 1998, respectively,
and examined the potential cumulative environmental impacts of adopting
alternative versions of the Comprehensive Plan.
6/30/1999
8/18/1999
Draft Supplemental EIS (DSEIS)--Comprehensive Plan 1999 Amendments
(Task III of Tri-Area/Glen Cove Special Study)
Final Supplemental Environmental Impact Statement. Jefferson County
Comprehensive Plan 1999 Amendments. Tri-Area/Glen Cove Special Study
Task IV.
6/11/2001 Glen Cove/Tri-Area Special Study Supplemental EIS Final Decision Document,
June 11, 2001.
2002 Integrated Growth Management Act/State Environmental Policy Act Document
Environmental Review of a Non-Project Action: Draft Supplemental EIS
August 21, 2002, to Supplement the Comprehensive Plan Draft and Final EIS
(1997) and Comprehensive Plan 1999 Amendments Draft and Final SEIS.
November 25, 2002 Integrated FSEIS 2002 Amendment Docket.
This FSEIS was appealed before the Western Washington Growth Management
Hearings Board (WWGMHB) of which the WWGMHB issued a Final Decision
and Order (FDO) and remanded it back to the Department for additional
7
environmental review.
The county hired Wheeler Consulting, to prepare additional environmental
review based on the FDO. A DSEIS to the 2002 CPA SEIS was issued on
March 3, 2004. A FSEIS to the 2002 CPA SEIS was issued on May 12, 2004 as
part of the review and in consideration of MLA02-00235.
2003 Staff Recommendation and Environmental Analysis with Regard to the
Adoption of Four Proposed Site-Specific Amendments to the 1998 Jefferson
County Comprehensive Plan. SEPA Addendum August 6, 2003. Sept. 17, 2003
SEPA Addendum for Suggested Amendments.
2004 2004 Staff Report and SEPA Addendum to 1998 EIS for UGA Amendments to
the Comprehensive Plan issued May 19, 2004.
2004 2004 Comprehensive Plan Amendment Docket Department of Community
Development Integrated Staff Report and SEPA Addendum issued September
22, 2004.
2005 Integrated GMA/SEPA Addendum Staff Report, August 3, 2005. Incorporated
by reference: 1998 DEIS/FEIS and 2004 Addendum.
2006 Integrated GMA/SEPA Addendum Staff Rpt., July 19, 2006.
2007 SEPA Addendum, adopting by reference 2004 Staff Report and SEPA
Addendum for UGA Amendments to the Comprehensive Plan issued May 19,
2004 and 2004 Comprehensive Plan Amendment Docket Department of
Community Development Integrated Staff Report and SEPA Addendum issued
September 22, 2004.
2008 Integrated GMA/SEPA Addendum Staff Report, September 3, 2008. Adopted
by reference: 1998 DEIS/FEIS, and environmental documents from 2004,
2005, 2006, and 2007 environmental review.
2009 Port Hadlock UGA Sewer Facility Plan (2008) (“Sewer Plan”) incorporated
into the County’s Comprehensive Plan Capital Facilities Element (“CFE”) to
comply with the Growth Board’s decision finding noncompliance with the
County’s Urban Growth Area (“UGA”) and GMA capital facilities planning.
Ordinance No. 03-0323-09 (Re: MLA09-00024, UGA Final Compliance
Action).
2009 Integrated GMA/SEPA Addendum Staff Report, September 2, 2009. Adopted
by legal notice: 1998 DEIS/FEIS, September 22nd Staff Report 2004, 2005,
2006, 2007, 2008, “and all supplementary information…supporting record,
analyses, materials.”
2010 Integrated GMA/SEPA Addendum Staff Report, September 2010.
8
2013 Integrated GMA/SEPA Addendum, Staff Report September 4, 2013. Adopted
by reference all previous SEPA documents.
2015 Staff Report & SEPA Environmental Review, Proposal to Amend Unified
Development Code, JCC 18.30.150 Sign Code, October 29, 2015. Integrated
Growth Management Act/State Environmental Policy Act Analysis,
Environmental Review of a Non-Project Action.
2018 Jefferson County Comprehensive Plan Update 2018 SEPA Addendum to 1998
Draft and Final Jefferson County Comprehensive Plan Environmental Impact
Statements and subsequent Supplemental EISs and Addenda. April 4, 2018.
2021 SEPA Addendum on February 28, 2021. The SEPA Addendum and supporting
SEPA Environmental Checklists provide additional information relating to the
Jefferson County Final Environmental Impact Statement (“Final EIS”), May 27,
1998 and associated SEPA documents. These SEPA documents were adopted
and the additional information was determined not to involve significant new
impacts. A Determination of Significance and Notice of Adoption was
published on February 28, 2021.
2021 Port Hadlock UGA Sewer Facility Plan Update and Appendices (Feb. 2021).
The revisions to the Sewer Plan mostly related to funding, engineering
specifications (low pressure system with grinders), and minor modifications to
the core service area. The revisions allowed the County to implement sewering
the core service area within six years. A Comprehensive Plan Amendment
(MLA20-00102) was adopted for the updated Sewer Plan in Ordinance No. 01-
0426-21, when the 2020 Comprehensive Plan Docket was approved. Ordinance
No. 01-0426-21 included a SEPA review through a staff issued Addendum to
the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental
Impact Statements (“EIS”) and subsequent Supplement EISs, and a SEPA
Checklist and Addendum that addressed the 2020 Docket items, including the
proposed revisions to the Comprehensive Plan.
2022 Staff Report & SEPA Environmental Review to establish regulations for the
siting, establishment, and operation of temporary housing facilities for
unhoused people needing emergency housing services. Proposal to Amend
Unified Development Code chapter 18.20 JCC Performance & Use-Specific
Standards, chapter 18.10 JCC Definitions. Integrated Growth Management
Act/State Environmental Policy Act Addendum. April 20, 2022.
2022 Staff Report & Environmental Review, Proposal to Amend Unified
Development Code (UDC) Jefferson County Code (JCC) 18.12: ‘Legal Lot of
Record Determination and Lot Consolidation’ and Amendments to chapters
18.10 and 18.35 JCC. Integrated Growth Management Act (GMA)/State
Environmental Policy Act (SEPA) Addendum. August 24, 2022.
2023 2023 Comprehensive Plan Amendment Docket, Staff Report and SEPA
9
An agency may use previously prepared environmental documents to evaluate proposed actions,
alternatives, or environmental impacts. The proposals may be the same as or different than those
analyzed in the existing documents (WAC 197-11-600(2)). This ordinance is within the scope of
the previously prepared environmental documents.
Section 7. Effective Date. The ordinance becomes effective upon adoption by the BoCC.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Addendum. Integrated Growth Management Act and State Environmental
Policy Act Document, Environmental Review of a Non-Project Action:
Addendum to Existing Environmental Documents. October 11, 2023.
2024 2024 Comprehensive Plan Amendment Docket, Combined Staff Report and
SEPA Addendum, an integrated Growth Management Act and State
Environmental Policy Act (SEPA) Document (September 4, 2024).
10
ADOPTED and APPROVED this _____ day of __________, 2026.
SEAL:
ATTEST:
______________________________
Carolyn Gallaway, CMC Date
Clerk of the Board
JEFFERSON COUNTY BOARD OF
COUNTY COMMISSIONERS
______________________________
Greg Brotherton, Chair
______________________________
Heidi Eisenhour, Member
______________________________
Heather Dudley-Nollette, Member
APPROVED AS TO FORM:
______________________________
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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.
Appendix A - 63
(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.
Appendix A - 66
(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.
Appendix A - 67
(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.
APPENDIX B
Chapter 18.22
CRITICAL AREAS
Redline Version of JCC 18.22
Appendix B - 1
Chapter 18.22
CRITICAL AREAS
Sections:
Article I. Authority, Purpose, and Intent
18.22.100 Authority.
18.22.110 Purpose.
18.22.120 Intent andLiberal construction of chapter.
Article II. Administrative ProvisionsRequirements
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 General eExemptions from all types of critical requirements.
18.22.240 Nonconforming uses and structures.
18.22.250 VBuffer variance types and criteria.
18.22.260 Reasonable economic use exceptions.
18.22.270 Buffers Pphysical separated and functionally isolatedion – Functional isolation.
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 Cchapter 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.
18.22.540 Required assessments and reports.
18.22.550 Recording and disclosure.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAss)
18.22.600 Purpose.
18.22.610 Classification and /designation.
18.22.620 Regulated activitiesApplicability.
18.22.630 Protection standards.
18.22.640 Buffer reductions and averagingImpact assessment and mitigation.
Appendix B - 2
18.22.650 Habitat management reports – When required.
18.22.660 Mitigation.
Article VII. Wetlands
18.22.700 Purpose.
18.22.710 Classification/ and designation.
18.22.720 Regulated activitiesApplicability.
18.22.730 Protection standards.
18.22.740 MitigationImpact 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, Ssection 11 of the Washington State Constitution,
Cchapter 36.70A RCW, the Growth Management Act, which empowersrequires a county to enact a critical area
ordinance and provide for its administration, enforcement and amendment, and Chapter 36.70A RCW, the Growth
Management Act. [Ord. 5-20 § 2 (Appx. A)]
18.22.110 Purpose.
The purpose of this chapter is to adopt development regulations that protect critical areas that are required to be
designated under RCW 36.70A.170, part of the Growth Management Act (Cchapter 36.70A RCW), including the
requirement to follow best available science. [Ord. 5-20 § 2 (Appx. A)]
18.22.120 Intent and construction of chapterLiberal construction.
The intent of this chapter is to comply with the requirements for critical areas in the Growth Management Act
(Chapter 36.70A RCW), the Growth Management Act implementing regulations (Chapter 365-190 WAC), and the
Jefferson County Comprehensive Plan. The provisions of tThis chapter and all proceedings under it shall be liberally
construed with a view to affect its purpose and intent. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 3
Article II. Administrative ProvisionsRequirements
18.22.200 Applicability, conflicts with other provision of this code and requests.
(1) This chapter applies to any development, land disturbing activity, development, or activity undertakenor use on
land located within or containing a critical area or a critical areaits associated buffer in unincorporated Jefferson
County. All persons within Jefferson County shall comply with this chapter.
(2) Jefferson County shall not grantissue any permit or other approval to alter a critical area or a critical areaits
associated buffer without ensuring compliance with all of the requirements of this chapter.
(3) No lLand disturbing activity, development, or activityuse on land located within or containing a critical area or a
critical areaits associated buffer is prohibited in Jefferson County shall be authorized without full compliance with
the termsall of the requirements of this chapter.
(4) Land disturbing activities in critical areas or their associated buffers are prohibited without first obtaining all
applicable permits.
(5) Areas characterized by a particular critical area may also be subject to other regulations established by this
chapter due to the overlap or multiple functions of some critical areas. 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, the more
restrictiveprotective standards shall apply.
(56) Uses, development, and activities in critical areas or critical area buffers for which no permit or approval is
required by any other provision of the Jefferson County Code nevertheless are subject to the requirements of this
chapterWhen 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 .
(67) When any provision of this chapter is in conflict with any other section of the Jefferson County Code, the
provision that provides most protection to the critical area shall apply, except that aAny critical area occurring
within the jurisdiction of the Shoreline Management Act also shall follow the policies and regulationsrequirements
in Cchapter 18.25 JCC.
(78) Compliance with these regulations does not remove an applicant from the obligationthis chapter shall not
constitute a defense for failing to comply with allany other applicable federal, state, or local regulations.
(8) Any action taken in a critical area or a critical area buffer designated by this chapter that is in violation of the
standards and conditions contained in this chapter is expressly prohibited.
(9) The requirements of this chapter shall apply concurrently with review conducted under the State Environmental
Policy Act (SEPA) (Cchapter 43.21C RCW), as locally adopted (Cin 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 allevery forest practice over which Jefferson County has jurisdiction under Cchapter
76.09 RCW and and WAC Ttitle 222 WAC, which entails conversion of lands to non-forestry use pursuant to JCC
18.20.160. [Ord. 5-20 § 2 (Appx. A)]
18.22.210 Identification and mapping of critical areas.
(1) The approximate location and extent of critical areas within the county are displayed on various inventory maps
available on the Jefferson County geographic information system (GIS) web site. Critical 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. TheseCritical 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.
Appendix B - 4
determined in the field by a geotechnical professional, wetland specialist, wildlife biologist or staff person according
to the requirements of this chapter. In the event of a conflict between a critical area location shown on the county’s
maps and that of an on-sitethe administrator determination, the on-siteadministrator’s determination shall
prevail.will apply.
(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 (Cchapter 36.70A RCW). [Ord. 5-
20 § 2 (Appx. A)]
18.22.220 Critical area review process.
(1) All applicants for new development are encouraged have a customer assistance meeting with the department
prior to applying for a permit. Fees for a customer assistance meeting may be applied towards the application fee for
the same project.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 this customer assistance meetinga pre-application conference is to discuss
zoningshoreline and applicable critical area requirements, to review any conceptual site plans prepared by the
applicant and to identify potential impacts and mitigation measures. SuchA 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. aAny
recommendations from the pre-application conference shall not be binding on the applicant or the county.
(2) The departmentDCD shall perform a critical area review for any development application submitted for a
regulated activity. Reviews for multiple critical areas shall occur concurrently. For a critical areas within shoreline
jurisdiction, critical area review shall occur as part of the shoreline review process.
(3) The department shallTo provide a timely and coordinated review process, to the extent reasonabley 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)related aspects of other county regulatory programs which affect activities in regulated critical areas,
such as subdivision or site development, with the approval process established in this chapter so as to provide a
timely and coordinated review process.
(4) As part of theDCD shall review of all applications for development, land disturbing activity or use building-
related approvals or permit applications, the department shall review the information submitted by the applicant to:
(a) Confirm the nature and type of the critical area; and
(b) eEvaluate any required assessments, reports, or studies;
(bc) Determine whether the development proposalapplication is consistent with this chapter;
(cd) Determine whether any proposed alterations to the site containing critical areas are necessaryadditional
information is needed to process the development application; and
(de) 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 aproposed proposaldevelopment, land disturbing activity or use has the potential to impact a critical area or
aits associated buffer, the administrator may require a special report to ensure the protection requirements pursuant
toof this chapter are met. When required, cCritical area special reports are subject to all of the following
requirements:
(a) The applicant is required toshall submit a critical area report prepared by a qualified professional based on
thespecial report requirements ofwhen required by this chapter;
(b) The report willshall be evaluated by DCD to determine if all potential impacts to the critical area or its
associated buffer have been addressed in the critical areaspecial report;
Appendix B - 5
(c) AnyDCD shall review the impacts of the proposed development will be reviewed for compliance with
mitigation requirements (as defined in JCCJCC 18.10.130) andto determine if the mitigation plan sufficiently
addresses the potential impacts; and
(d) Ensure that the submittal for critical areas is consistent with other documentsation submitted as part of the
development application and meet the that the submittal is consistent with the requirements for a complete
application in Cchapter 18.40 JCC.
(6) At every stage of the application process, the burden of demonstrating that a proposaldevelopment is consistent
with this chapter is upon the applicant. [Ord. 5-20 § 2 (Appx. A)]
(7) Compliance with this chapter and permit conditions shall be required 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 General eExemptions 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.The
activities listed in subsection (4) of this section are exempt from the requirements of this chapter, assuming the
proposed activity complies with all provisions of the exemption.
(2) The administrator may determine that an activity is closely allied or similar to any activity in this list even if the
proposed activity does not meet the precise terms of a listed exempt activity. The administrator is authorized to
determine through a Type I permit process whether or not a development should be classified as an exempt activity
and that such an activity does not impact the functions and values of any critical area or a critical area buffer.
(32) It is the responsibility of the applicant to provide sufficient information for the administrator to determine that
one of the exemptions listed in subsection (43) of this section applies.
(43) The following activities in a critical areas or its associated critical area buffers are exempt when in compliance
with all of from the requirements in this section, including those additional ofrequirements in this chaptersubsection:
(a) Agriculture,Agricultural activities. Existing agricultural activities, as defined in JCC 18.10.010, may
continue in substantively the same manner; provided, the agricultural activityies does not result in additional
adverse impacts to a critical area or a critical areaits 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 Ppractice activities. Classes I, II, III, and IV special (not Class IV general conversions or conversion
option harvest plans) forest practices regulated and conducted in accordance with the provisions of Cchapter
76.09 RCW and forest practice regulations, WAC Ttitle 222 WAC are exempt, except where the lands have
been or are proposed to be converted to a use other than commercial forest product production.
(c) Maintenance – Transportation activities maintenance or reconstruction. Maintenance or reconstruction of
existing public or private roads, paths, bicycle ways, trails, and bridges are exempt.; provided, that the
maintenance or reconstruction complies with the additional requirements in subsection (5) of this section.
(d) Maintenance or Reconstruction – On-Site Ssewage Ssystem activities. Maintenance or reconstruction of on-
site sewage systems are exempt. The expansion ; provided, the maintenance or reconstruction complies with the
additional requirements in subsection (5) of this section.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.
Appendix B - 6
(e) Maintenance – Drainage facilities or flood control structure maintenance or repair activities. Maintenance
andor repair of existing drainage facilities or systems, and flood control structures are exempt. This includes, ,
including, but is not limited to, ditches (that do not meet the criteria for being considered a fish and wildlife
habitat conservation areadesignated FWHCAs or wetlands), culverts, catch basins, levees, reservoirs, and
outfalls; provided, the maintenance or repair complies with the additional requirements in subsection (5) of this
section.
(f) Utility Aactivities. This exemption is limited to the utility activities listed below are exempt; provided,
the utility activities comply with the additional requirements in subsection (5) of this section:
(i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or
(ii) With the exception of installation of a new substation, Iinstallation, construction, relocation and
replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, not including
substations, in improved road rights-of-way or easement.
(g) Reconstruction, Rremodeling, or Mmaintenance of structures activities. – Structures. This exemption is
limited to rReconstruction, remodeling, or maintenance of existing 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) provided the maintenance complies with the additional requirements in subsection (5) of this section,
wWork areas areshall be minimized to the fullest extent possible, work areas are restored to previous conditions
as soon as construction is complete, and staging areas are located outside of all critical areas and their
associatedcritical area buffers.
This exemption shall not apply if the activity creates or continues a circumstance where personal or property
damage is likely is due to conditions of the critical area or if there is further intrusion into a critical area or a
critical area buffer.
(h) Site Iinvestigative Workactivities. Site investigative work in wetlands, landslide hazard areas, riverine and
coastal erosion hazard areas, or fish and wildlife habitat conservation areasFWHCAs, or their critical
areaassociated buffers that is necessary for land usedevelopment application submittals or permit compliance,
including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow
soil test pits, and percolation tests involving no fill or use of heavy equipmentexcavation for soil logs or
percolation tests; provided, the . sSite investigative activitieswork complies with the additional requirements in
subsection (5) of this section and excavation for soil logs or percolation tests are filled that involve excavated
areas are required to be filled unless waived in writing by the administrator.
(i) Emergency activitiesAction. Activitiestion that is taken which is 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 emergency action complies with the additional requirements in subsection (5) of this section. If
tThe nature of the emergency requires immediate action within a time period too short to allow full compliance
with this chapter;,
(ii) DCDthe department, 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.), must behave been notified of the emergency action within one working day of the initiation of
the emergency action.;
(iii) Any person or agency undertaking emergency action using this exemption mustshall submit a complete
application to departmentDCD 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.
Appendix B - 7
(iv) Any impacts to critical areas or critical areatheir 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 may be subject to enforcement actions by the departmentunder title 19 JCC.
(j) Artificial Wwetlands and Aartificial Pponds. Artificial wetlands and artificial ponds activities (including
maintenance) are exempt if all of the following requirements are met, provided:
(i) The artificial wetland or pond does not meet the definition of wetland or fish and wildlife habitat
conservation areaFWHCA; and
(ii) The artificial wetland or pond was not historically constructed from a wetland or fish and wildlife
habitat conservation areaFWHCA or was legally constructed from a wetland or a FWHCA by (without
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 a FWHCAs or wetlands are exemptfish and wildlife habitat conservation area; provided, the
maintenance or repair complies with subsection (5) of this section.
(l) RecreationPassive al uses without any adverse impact to a critical area. Recreational uses . Passive
recreation, when the activity doesthat 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 Rresidential Llandscaping (typically non-native vegetation), including . Pplanting, 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 and the
landscaping complies with subsection (5) of this section. This exemption does not allow any additional
intrusion, expansion, or introduction of nonnative species into a critical area or a critical areaits associated
buffer.
(n) Noxious Wweed Ccontrol. Removal or eradication of noxious weeds listed in Cchapter 16-750 WAC. Such
activity is the responsibility of the landowner; 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
nNoxious wWeed cControl bBoard, or other agencies with jurisdiction;.
(ii) The Jefferson County nNoxious wWeed cControl bBoard, or other agencies with jurisdiction shall
coordinate with the department of planning and community developmentDCD for the control of noxious
weeds in wetlandscritical areas or their associated buffers; and .
(ii) The All herbicide applications 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 Cchapters 16-228, 173-201a, and 222-38 WAC.
(o) Harvesting of Wwild Ccrops. The hHarvesting of 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 a critical areaits associated
buffer.
Appendix B - 8
(p) Planting Native Vvegetation 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:
(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 Ttrails. The construction of a three-foot widenew, unpaved, nonmotorized trails when located in the
outer 25 percent of a wetland or a fish and wildlife habitat conservation area or their critical area buffers;
provided, the new trail is no wider than five feet. This exemption shall not apply to shoreline jurisdiction, or
within a frequently flooded area. or its critical area buffer, where development must follow FEMA
requirements, or within a geologically hazardous area or its critical area buffer if the new trail will be for public
use.
(r) Navigation Aids and Boundary Markers. Installation of navigation aids and boundary markers; provided,
they are installed in accordance with applicable state and federal laws or the installation of mooring buoys in
accordance with the Washington Department of Fish and Wildlife design guidelines and the Jefferson County
shoreline management program (Chapter 18.25 JCC).
(s) Beaver Ddam Aalterations with a Hhydraulic Pproject Aapproval. Pursuant to Chapter 77.55 RCW and
Chapter 220-660 WAC. 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 Cchapter 77.55 RCW
and Cchapter 220-660 WAC are exempt.
(45) Additional Protection and Restoration RequirementsApplication for exemption. An application for an
exemption shall contain. Where compliance with this section is required by a subsection above, all of the following
requirements must be met:
(a) Prior to the start of thea development, land disturbing activity or use for which an exemption is sought, the
applicant mustshall submit to the departmentDCD a written description of the development, land disturbing
activity or use that includes at leastall of the following information:
Appendix B - 9
(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) Manner in whichWhat activity the equipment will be used to perform; and
(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. The written descriptionAn 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:.
(ba) The development, land use activity or use cannotshall not further alter, impact, or encroach upon critical
areas or their associatedcritical area buffers and no reasonable or practicable alternative exists.;
(cb) The development, land use activity or use cannotshall not further affect the functions of a critical area or
its associated a critical area buffer, and no reasonable or practicable alternative exists to achieve the
applicant’s desired objective;.
(dc) Best management practices mustshall be implemented to minimize impacts to critical areas and critical
areatheir associated buffers during the activity.;
(ed) Disturbed critical areas and critical areatheir associated buffers mustshall 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 a critical areaits
associated buffer mustshall be mitigated, as approved by the administrator.
(67) Authority of Tthe administrator. The administrator may has the authority to:
(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 or not an application meets all the criteria for the exemptions listed; and
(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, development, or
useaction undertaken on land located within or containing a critical area or a critical areaits associated buffer in
Jefferson County that does not meet exemption requirements. [Ord. 5-20 § 2 (Appx. A)]
The decisions in subsections (a), (b) and (c) of this subsection are Type I land use decisions under JCC 18.40.040.
Appendix B - 10
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 critical area its associated buffer requirements of this chapter for any designated critical area shall be
considered a legal nonconforming use.
(2) Any use or structure for which an application has vested or for which a permit has been obtained prior to the
effective date of this chapter, that does not meet the critical area buffer requirements of this chapter for any
designated critical area, shall be considered a legal nonconforming use.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 and the nonconforming provisions of JCCJCC 18.20.260. [Ord. 5-20 § 2 (Appx. A)]
(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 Vvariance 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.
(c) Applications for a Type I Variance or a Type III Variance shall satisfy all of the requirements in subsection
(2) of this section.Requests for relief from the dimensional or performance standards of this chapter shall
require a critical areas variance which shall be processed as a Type III permit; provided:
(2) Variance criteria.
Prior The hearing examiner in accordance with Chapter 2.30 JCC shall have the authority to the granting of a
variance from the requirements of this chapter when, in the opinion of the hearing examiner,variance, the applicant
shall demonstrate that all of the following criteria have been met:
(a) There are special circumstances applicable to the subject property or to the intended use such as shape,
topography, location, or surroundings that do not apply generally to surrounding properties or that make it
impossible to redesign the project to preclude the need for a varianceFailure to grant the variance would result
in an extraordinary hardship to the applicant;
(b) The applicant has avoided impacts and provided mitigation to the maximum practical extentextraordinary
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; critical area buffer reduction proposed
through the variance is the minimum necessary to accommodate the permitted use;
Appendix B - 11
(d) The Ggranting the variance willshall 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 Ggranting of the variance is the minimum necessary to afford relief to accommodate a use allowed
under ensure consistency with the Comprehensive PPlan, chapter 18.45 JCC, Land Use Districts, chapter 18.15
JCC, Jefferson County Shoreline Master Program (SMP), chapter 18.25 JCC, andor any attendant public
service obligationsother applicable provisions of the Code; and
(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 JCCNo other practicable or reasonable alternative exists.
Proposal that does not meet the variance criteria may submit a reasonable use exception or a critical area
stewardship plan (CASP).
(3) In lieu of the criteria in subsections (2)(a) through (f) of this section, an applicant may pursue a critical area
variance through proof of all of the following criteria:
(a) The applicant has avoided impacts and provided mitigation, in accordance with this chapter, to the maximum
practical extent;
(b) The variance will not adversely impact receiving water quality or quantity;
(c) The variance will not adversely impact any functional attribute of the critical area;
(d) The variance will not jeopardize the continued existence of species listed by the federal government or the state
as endangered, threatened, sensitive, or documented priority species or priority habitats; and
(e) The variance is based on the criteria and standards referenced in this chapter. [Ord. 5-20 § 2 (Appx. A)]
18.22.260 Reasonable economic 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) Permit applicants for a property so encumbered by critical areas or buffers that application of this chapter,
including buffer averaging, buffer reduction, or other mechanism, would deny all reasonable economic use may seek
approval pursuant to the reasonable economic use standards and procedures provided in this section.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) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the application of this
chapter would deny all reasonable economic use of the subject property, including agricultural use, use or
development shall be allowed if it is consistent with the zoning code and the purposes of this chapter.
(3) Even though a variance application is not required, To qualify as a reasonable economic 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 , the technical administrator or hearing examiner, as
appropriate, must find that the proposal is consistent with all of the following criteria listed in subsection (a) through
(f) of this section. Demonstration of consistency is burdened upon the applicant.:
(a) There is no portion of the site where the provisions of this chapter allow reasonable economic use, including
agricultural use or continuation of legal nonconforming uses 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;
Appendix B - 12
(b) There is no feasible alternative to the proposed activities that will provideApplication of this chapter would
deny all reasonable economic use of the propertywith less adverse impact on critical areas or buffers;
(c) Activities will be located as far as possible from critical areas and the project employs all reasonable
methods to avoid adverse effects on critical area functions and values, including maintaining existing
vegetation, topography, and hydrology. Where both critical areas and buffer areas are located on a parcel,
buffer areas shall be disturbed in preference to the critical areaThere is no other reasonable or practicable use of
the property;
(d) The proposed activities will not result in adverse effects on endangered or threatened species as listed by the
federal government or the state of Washington, or be inconsistent with an adopted recovery plandevelopment
does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal
site;
(e) Measures shall be taken to ensure the proposed activities will not cause degradation of groundwater or
surface water quality, or adversely affect drinking water supply;
(f) The proposed activities complydevelopment is consistent with the general purposes of this chapter and the
public interest, and does not conflict with allapplicable state, local and federal laws; and , including those
related to erosion and sediment control, pollution control, floodplain restrictions, and on-site wastewater
disposal;
(g) The proposed activities will not cause damage to other properties;
(h) The proposed activities will not increase risk to the health or safety of people on or off the site;
(i) The inability to derive reasonable economic use of the property is not the result of segregating or dividing
the property or creating the condition of lack of use; and
(j) The project includes mitigation for unavoidable critical area and buffer impacts in accordance with the
mitigation requirements of this chapter. [Ord. 5-20 § 2 (Appx. A)]
(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 Pphysically separationed and – F functionally isolatedion.
(1) Exclusion for Functionally Isolated Critical Areas Buffers. Subject to the limitations in subsection (2) of this
section, cCritical 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 buffers
otherwise required byof this chapter. Physically separated and Ffunctional isolation can occur due to anthropogenic
physical conditions such as an existing public roadsexisting 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) Limitations on Functional Isolation.
(a) Functional isolation shall be limited to landslide hazard, wetland buffers and fish and wildlife habitat
conservation areaFWHCA and their associated buffers only.
(b) Functional isolation shall not be used in geologically hazardous areas, critical aquifer recharge areas or
frequently flooded areas.
Appendix B - 13
(3) Special Rreport Mmay Bbe Rrequired. The administrator may require a special report to determine whether a
critical area and its associated buffer is functionally isolated. [Ord. 5-20 § 2 (Appx. A)]
18.22.280 Adaptive management.
Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions
achieve their objectives and adjusts those programs. Management, policy, and regulatory actions are treated as
experiments that are purposefully monitored and evaluated to determine whether they are effective and, if not, how
they should be improved to increase their effectiveness. An adaptive management program is a formal and deliberate
scientific approach to taking action and obtaining information in the face of uncertainty. To effectively implement
an adaptive management program, Jefferson County, in support of this chapter, will: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.
(1) Address funding for the research component of the adaptive management program;
(2) Change course based on the results and interpretation of new information that resolves uncertainties; and
(3) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory
actions affecting critical areas protection and anadromous fisheries. [Ord. 5-20 § 2 (Appx. A)]
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
WACWAC 365-190-100 and balance competing needs for land uses and clean water supplies and preserve essential
natural functions and processes, especially for maintaining critical fish and wildlife habitat conservation
areasFWHCA. [Ord. 5-20 § 2 (Appx. A)]
18.22.310 Classification/ and designation.
Critical aquifer recharge areas (CARA) have the same meaning as in JCC 18.10.030 C definitions. are areas with a
critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of
drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to
reduced recharge. Critical aquifer recharge area maps shall be periodically revised, modified, and updated to reflect
current information.
The following classifications define critical aquifer recharge areas:
(1) Susceptible aAquifer rRecharge aAreas. 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 an 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 B - 14
(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 Aaquifer Rrecharge Pprotection Aareas. 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 Cchapter 173-
200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies specified by the
Washington State Department of Health under authority of Cchapter 246-290 WAC;
(d) Groundwater management areas designated by the Washington State Department of Ecology in cooperation
with local government under Cchapter 173-100 WAC.
(3) Seawater Iintrusion Pprotection Zzones (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 rRisk 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 sSeawater Eexception. 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
Appendix B - 15
hydrogeologic evaluation demonstrates that high chloride readings in a particular area are due to connate seawater,
the area in question shall not be considered an at risk or high risk SIPZ.
(5) Recommendation from the Jefferson County Public Health Department. When the status of an area as either a
high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon
recommendation from the Jefferson County department of Ppublic hHealth Department. [Ord. 5-20 § 2 (Appx. A)]
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 JCCJCC 18.22.230 General exemptions.
(1) Other Activities. The following activities, when proposed in a critical aquifer recharge area shall be subject to
the protection standards in this article:
(a) All industrial and commercial land uses with the potential to impact groundwater;
(b) The following rural residential land uses:
(i) Those using a locally managed community sewage system;
(ii) Those using a large on-site sewage system meeting the management requirements of the Washington
Department of Health; and
(iii) All planned rural residential developments. [Ord. 5-20 § 2 (Appx. A)]
18.22.330 Protection standards.
The following protection standards shall apply to activities; provided, the activity is not prohibited in JCC
18.22.320.
(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) Critical Aquifer Recharge Area High Iimpact Activitiuses. 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;
Appendix B - 16
(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,
(p) Wood and wood products treatment or preserving.High Impact Activities Listed. The activities listed in
Table 18.22.330(1) are high impact activities due to the probability or potential magnitude of their adverse effects
on groundwater.
Table 18.22.330(1) – Critical Aquifer Recharge Area High Impact Activities
Critical Aquifer Recharge Area High Impact Activities
Chemical manufacturing and reprocessing
Creosote/asphalt manufacturing or treatment (except that asphalt
batch plants may be permitted in susceptible aquifer recharge areas
only if such areas lie outside of special aquifer recharge protection
areas and only if best management practices are implemented
pursuant to JCC 18.20.240(2)(h)(iv) and 18.30.170(1) and an
accepted aquifer recharge area report)
Dry cleaners
Electrical battery processing, reprocessing or storage
Electroplating and metal coating activities
Hazardous substance disposal, storage, and treatment facilities
Junk and salvage yards
Landfills
Petroleum product refinement and reprocessing
Pipelines
Radioactive disposal or processing of radioactive wastes
Recycling centers or recycling collection facilities as defined in
JCC 18.10.180
Storage tanks (above or below ground) for hazardous substances or
petroleum products
Waste piles as defined in WAC 173-303-660
Wood and wood products preserving
(b) High Impact Activities Prohibited in Areas Classified as Both a Susceptible Aquifer Recharge Area and a
Special Aquifer Recharge Protection Area. High impact activities shall be prohibited in areas that are classified as
both a susceptible aquifer recharge area and a special aquifer recharge protection area.
(c) High Impact Activities Proposed in Areas Classified Solely as a Susceptible Aquifer Recharge Area Require a
Critical Aquifer Recharge Area Report. When high impact activities are proposed for a susceptible aquifer recharge
area, a critical aquifer recharge area report that meets all the requirements of JCC 18.22.930 shall be submitted to
the department for review.
Appendix B - 17
(d) High Impact Activities Proposed in Areas Classified Solely as a Special Aquifer Recharge Protection Area
Require a Critical Aquifer Recharge Area Report. When high impact activities are proposed for a special aquifer
recharge protection area, a critical aquifer recharge area report that meets all the requirements of JCC 18.22.930
shall be submitted to the department for review.
(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.
(24) Seawater Iintrusion Pprotection Zzones. New development, redevelopment, and new land disturbing activities
on islands and in close proximity to marine shorelines where there is a risk or a high 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
(Antidegradation Policy).
(35) Stormwater Ddisposal.
(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 Cchapter 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 shallould be required to infiltrate all
stormwater runoff on site, except for those areas within the Port Ludlow Drainage Districtif 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 provided a critical aquifer recharge area report that complies
with all the requirements of JCCJCC 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.
(47) Golf Ccourses and Oother Tturf Ccultivation.
(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 dDepartment of
dDevelopment and eEnvironmental sServices.
(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.
Appendix B - 18
(58) Above-Gground and Uunderground Sstorage Ttanks.
(a) Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated
in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent
with the Washington Department of Ecology’s standards for construction and installation under Cchapter 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; orand 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.
(69) 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 Cchapters 18.20
and 18.30 JCC.
(710) 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 WACWAC 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) willshall be managed in a manner consistent with Cchapter 8.10 JCC and
Cchapter 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.
(811) Well Ddrilling, Ssubdivisions, and Bbuilding Ppermits in Seawater Intrusion Protection Zones (SIPZ).
(a) Well Ddrilling. The Washington State Department of Ecology regulates well drilling pursuant to the Water
Well Construction Act. Proposed wells, including those exempt from permitting requirements, mustshall be
sited at least 100 feet from “known or potential sources of contamination,” which include “sea-salt water
intrusion areas” (WACWAC 173-160-171), unless a variance is obtained from the Washington State
Department of Ecology per WAC WAC 173-160-106.
(b) Subdivisions. Applications for land division (cChapter 18.35 JCC) in coastal, at risk, and high risk SIPZ
mustshall 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 JCCJCC
18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water willshall not
Appendix B - 19
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, the departmentDCD, in consultation with Jefferson County environmental public
health department shallwill 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 Ppermits.
(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
mustshall 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
RCWRCW 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 Vvoluntary and mandatory measures of the Jefferson County seawater intrusion policy
apply to applications 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 the countyDCD.
(B) Mandatory Aactions.
(I) For proof of potable water on a building permit application, applicant mustshall utilize
DOHWashington 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 Aactions.
Appendix B - 20
(I) Water conservation measures.
(B) Mandatory Aactions.
(I) For proof of potable water on a building permit application, the applicant mustshall utilize a
Washington 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;
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 Rrisk SIPZ.
(A) Mandatory Aactions.
(I) Water conservation measures;
(II) For proof of potable water on a building permit application, applicant mustshall 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 WAC Ttitle 173 WAC standards granted by the Washington State
Department of Ecology per WACWAC 173-160-106 for a new groundwater well within 100
feet of a sea-salt water intrusion area per WACWAC 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 JCCJCC 18.22.930(2)(b);
2. For an existing groundwater well not subject to a Washington State Department of Ecology
variance, the applicant mustshall provide a hydrogeologic evaluation that satisfies all the
requirements or a hydrogeologic evaluation contained in JCCJCC 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
Appendix B - 21
7. Submittal of flow and chloride data to the county per monitoring program; and
(IV) If public water is unavailable, a qualifying alternative system may be used as proof of
potable water.
(iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk SIPZ, and the
island is served by public water, proof of potable water connection to the public water supply willshall be
required for all lots in the project.
(912) Mitigating Cconditions. 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 Cchapter 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.
(1014) Results of Department’s RDCD’s review of a special report on a Ccritical Aaquifer Rrecharge Aarea Report,
a Hhydrogeologic Eevaluation or a Hhazardous Ssubstances Mmanagement Pplan. The applicant shall submit
department shall review a critical aquifer recharge area report, a hydrogeologic evaluation or a hazardous substances
management plan to be reviewed by the County and DCD shalland either:
(a) Accept the special report on a critical aquifer recharge area report, thea hydrogeologic evaluation or thea
hazardous substances management plan and approve the application; or
(b) Reject the special report on a critical aquifer recharge area report, thea hydrogeologic evaluation or thea
hazardous substances management plan and require revisions or additional information.
(115) 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. [Ord. 5-20 § 2 (Appx. A)]
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, both
public and private property, property, infrastructure, and federally-listed species and to ensure compliance with
Federal Emergency Management Agency (FEMA) requirements. [Ord. 5-20 § 2 (Appx. A)]
18.22.410 Classification/ and designation.
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in
any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited
to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground
surface. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and
property. Flood hazard areas are depicted on 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. [Ord. 5-20 § 2 (Appx.
A)]
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 Cchapter 15.15 JCC. The flood damage prevention ordinance (Cchapter 15.15 JCC)
conforms with the intent of the minimum guidelines (WACWAC 365-190-110(1)) through directly considering the
Appendix B - 22
effects of flooding on human health and safety, together with effects on public facilities and services, through its
protection standards. For purposes of this article, “development” is defined as any manmade change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more
than five percent of the native vegetation on the property, or alteration of natural site characteristics. [Ord. 5-20 § 2
(Appx. A)]
18.22.430 Protection standards – Incorporation by reference of Chapter 15.15 JCC and additional
requirements.
This articlechapter incorporates by reference the classification, designation and protection provisions contained in
the Jefferson Ccounty flood damage prevention ordinance (Cchapter 15.15 JCC) with the following additions:
(1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (Cchapter 15.15 JCC)
shall be used to determine flood hazard areas for compliance with the Federal Emergency Management Agency
(FEMA) regulatory requirements. Such flood hazard areas shall be subject to the criteria of the flood damage
prevention ordinance (Cchapter 15.15 JCC).
(2) Compliance with Nnational Mmarine Ffisheries Sservice Bbiological Oopinion. 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 Aassessment Rrequirements.
(a) A habitat assessment that meets all the requirements of JCCJCC 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 Cchapter 15.15 JCC; and does not require a
state hydraulic permit;
(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. [Ord. 5-20 § 2 (Appx. A)]
Article V. Geologically Hazardous Areas
18.22.500 Purpose.
The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage to structures and
property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish
and wildlife habitat, and to regulate and inform land use and planning decisions. It is recognized thatSince the
elimination of all risk from geologic hazards is not feasible to achieve, but the purpose of this article is to reduce the
risk to acceptable levels. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 23
18.22.510 Classification/ and designation.
(1) Geologically hazardous areas have the same meaning as in JCC 18.10.070 G definitions.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. 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-mapshttps://www.dnr.wa.gov/programs-and-services/geology/geologic-
hazards/geologic-hazard-maps).
(2) Geologically hazardous area classification and designation. (1) The following classification and designation
criteria are considered when classifyingare geologically hazardous areas and subject to the standards of this article
when mapped as high or moderate geologically hazardous areas:
(aa) Erosion hazard areas (as defined in JCCJCC 18.10.050).
(bb) Landslide hazard areas (as defined in JCCJCC 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:
(ii) Areas of historic failures, such as:
(AA) Areas delineated by United States Department of Agriculture, Natural Resources Conservation
Service as having a significant limitation for building site development;
(BB) Coastal areas mapped by the Washington State Department of Ecology Coastal Atlas as unstable,
unstable old slides, and unstable recent slides; or
(CC) 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.
(iiiii) Areas where all three of the following conditions occur:
(AA) Slopes are steeper than 15 percent;
(BB) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a
relatively impermeable sediment or bedrock; and
(CC) Spring or groundwater seepage.
(iiiiv) 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.
(ivv) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint
systems, and fault planes) in subsurface materials.
(vvi) Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic
shaking.
(vivii) 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.
(viiviii) Areas that show evidence of, or are at risk from, snow avalanches.
Appendix B - 24
(viiiix) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation
by debris flows or catastrophic flooding.
(ixx) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas
composed of bedrock.
(cc) Seismic hazard areas (as defined in JCCJCC 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).
(d) Channel migration zones (CMZs) (as defined in JCC 18.10.030).
(e) Seiche and landslide generated wave hazard areas (as defined in JCC 18.10.190).
(f) Tsunami hazard areas (as defined in JCC 18.10.200).
(g) Other geologic events, such as coal mine hazards and volcanic hazards, are not a known risk in Jefferson County,
and are therefore not subject to review as part of the permitting process. [Ord. 5-20 § 2 (Appx. A)]
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.
Regulated activities.
(1) Any development activity or action requiring a project permit or any clearing within an erosion or landslide area
shall:
(a) Comply with the requirements in an approved geotechnical report when one is required, including application of
the largest buffer or building setback;
(b) Utilize best management practices (BMPs) and all known and available technology appropriate for compliance
with this chapter and typical of industry standards;
(c) Prevent collection, concentration or discharge of stormwater or groundwater within an erosion or landslide
hazard area and be in compliance with JCC 18.30.070, Stormwater management standards; and
(d) Minimize impervious surfaces and retain vegetation to minimize risk of erosion or landslide hazards.
(2) Any development activity or action requiring a project permit or any clearing within an erosion or landslide area
shall not:
(a) Result in increased risk of property damage, death or injury;
(b) Cause or increase erosion or landslide hazard risk;
(c) Increase surface water discharge, sedimentation, slope instability, erosion or landslide potential to adjacent
downstream and down-drift properties beyond predevelopment conditions;
(d) Adversely impact wetlands, fish and wildlife habitat conservation areas or their buffers; or
(e) Be identified as a critical facility necessary to protect public health, safety and welfare. This includes, but is not
limited to, schools, hospitals, police stations, fire departments and other emergency response facilities, nursing
homes, and hazardous material storage or production. [Ord. 5-20 § 2 (Appx. A)]
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, Ggrading and Vvegetation Rremoval.
(ai) Within land slide hazard areas only Mminor pruning of vegetation for view enhancement may be
allowed through consultation with the departmentDCD. The thinning of limbs on individual trees is
preferred to topping of trees for view corridors. Total buffer thinning shall not exceed 25 percent and no
more than 30 percent of the live tree crowns shall be removed.
Appendix B - 25
(bii) 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.
(ciii) 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.
(dv) Only the clearing necessary to install temporary erosion control measures will be allowed prior to
clearing for roads and utilities construction.
(evi) The faces of cut and fill slopes shall be protected to prevent erosion as required by the engineered
erosion and sedimentation control plan.
(fvii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked
construction limits.
(gviii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide
the required minimum clearances for the serving utility corridor.
(2b) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a geological
assessment may be required prior to use as a temporary haul road or permanent access road under a conversion
or COHP forest practices applicationconversion option harvest plan pursuant to JCC 18.20.160.
(3c) The departmentDCD may also require:
(ai) Clustering of development to increase protection to geologically hazardous areas; or
(bii) Enhancement of buffer vegetation to increase protection to geologically hazardous areas.
(4d) The provisions in this section are in addition to those required in JCCJCC 18.30.060, Grading and
excavation standards, and JCCJCC 18.30.070, Stormwater management standards.
(5e) If there is a conflict between applicable published standards, the more restrictive protection requirement
applies.
(6f) Drainage and Erosion Control.
(ai) An applicant submitting a project application shall also submit, and have approved, a stormwater site
plan that meets all the requirements of JCCJCC 18.30.070(4)(e), when the project application involves either
of the following:
(iA) The alteration of a high or moderately landslide hazard areahigh geologically hazardous area or
its critical area buffer; or
(iiB) The creation of a new parcel within a high or moderately high geologically hazardous landslide
hazard area; and
(bii) Shall discuss, evaluate, and recommend methods to minimize sedimentation of adjacent properties
during and after construction.
Appendix B - 26
(ciii) 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 JCCJCC 18.22.945, unless waived by the administrator. If drainage mustshall 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).
(div) The applicant mustshall 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.
(7g) Vegetation Rretention requirements within a geologically hazardous area and its associated buffer.
Compliance with all of Tthe following provisions regarding vegetation retention is required shall apply:
(ai) 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;
(bii) 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;
(ciii) Vegetation within identified clearing limits may be removed upon permit issuance. All vegetation
within the high or moderate geologicallylandslide hazardous 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
geologicallylandslide hazardous area unless it is used as part of a mitigation plan consistent with other
critical area mitigation provisions, is reviewed by the geotechnical professional, and is approved by the
administrator; and
(div) 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.
(82) ErosionLandslide hazard buffers for high and moderate landslide hazardand Landslide Hazard Development
Standards.
(a) Development activities or actions requiring project permits or clearing shall not be allowed in landslide
hazard areas unless a geotechnical 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.
(b) Top of Sslope Bbuilding Ssetback. All development activities or actions that require project permits or
clearing in erosion and landslide hazard areas shall provide native vegetation from the toe of the slope to 25
feet beyond the top of slope, with an additional minimum 15-foot building and impervious surface setback,
unless otherwise allowed through a geologic assessment. The minimum 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.
Appendix B - 27
(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
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
Appendix B - 28
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.
(9) Geotechnical Report for Toe of Slope Building Setback May Be Required. A geotechnical report may be
required based on slope height and stability indicators.
(10) Larger Native Vegetation Width May Be Required. The department may require a larger native vegetation
width than the standard buffer distance as determined above if any of the following are identified through the
geological assessment process:
(a) The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent
adverse impacts;
(b) The area has a severe risk of slope failure or downslope stormwater drainage impacts; or
(c) 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.
(113) Seismic Hazard Development Standards.
(a) Development activities or actions requiring a project permit occurring within 200 feet of a “high hazard” seismic
hazard area may be allowed with an approved geotechnical report that confirms the site is suitable for the proposed
development and addresses any fill or grading that has occurred on the subject parcel.
(b) Development activities or actions requiring a project permit within a seismic hazard area shall be in accordance
with JCC Title 15.
(12) Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers as follows:
(a) Buffers may be reduced by up to 25 percent 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.
(b) All buffer reductions 25 percent or greater and all development within a high or moderate geologically hazardous
area shall require a geotechnical report prepared by a geotechnical professional. 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
Appendix B - 29
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.
(13) 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:
(a) The landslide area is unstable and active.
(b) 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.
(c) The adjacent land has minimal vegetative cover.
(14) Landslide Hazard Areas – Additional Standards. The following activities may be allowed in active landslide
hazard areas when all reasonable measures have been taken to minimize risks and other adverse effects associated
with landslide hazards, and when the amount and degree of the alteration are limited to the minimum needed to
accomplish the project purpose:
(a) The standards of subsection (1) of this section shall apply.
(b) Developments that will not increase the threat to the health or safety of people and will not increase potential for
landslides on or off the site and meet the reasonable economic use exception in JCC 18.22.260.
(c) Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function
in the event of a slope failure or movement of the underlying materials and will not increase the risk or
consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be
permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected
population.
(d) 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 nonhazard 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.
(e) 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.
(153) Seismic and tsunami Hhazard Aareas protection – Sstandards. Development may be allowed in seismic hazard
areas when all of the following apply:
(a) Seismic hazard areas protection standards.
(ai) The placement of buildings or structures meet the requirements of title 15 JCCstandards of subsection
(1) of this section shall apply.
(bii) 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 productionStructures in seismic hazard areas shall conform to applicable analysis and
design criteria of Chapter 18.15 JCC.
Appendix B - 30
(ciii) Public roads, bridges, and utilities, and trails 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 facilities 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(16) Tsunami Hhazard Aareas protection – Sstandards.
(ai) 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.The standards of subsection (1) of this section shall apply.
(bii) 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.
(ciii) 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. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 31
18.22.540 Required assessments and reports.
(1) Map Review. The Jefferson County geologically hazardous areas maps (erosion, landslide, and seismic) provide
an indication of where potential geologically hazardous areas are located within the county. The department will
complete a review of the map to determine if the proposed activity is located within a hazard area.
(2) When a Geological Assessment Is Required. A geological assessment shall be required when the proposed
activity is located within a potential hazard area.
(3) Work Must Be Performed by a Geotechnical Professional. A geotechnical professional, as defined in JCC
18.10.070, shall complete a field investigation and geological assessment to determine whether or not the site for the
proposed activity is affected by the geologic hazard, as provided in subsection (4) of this section.
(4) Geological Assessment Types. The geological assessment shall be submitted in the most applicable form as
follows:
(a) A geological letter. When the geotechnical professional finds that no moderate or high hazard area exists within
200 feet of the site, a stamped letter may be submitted demonstrating those findings;
(b) A geological report. When the geotechnical professional finds that a moderate or high geologically hazardous
area exists within 200 feet of the site, but will not impact the site or need engineering design recommendations;
(c) A geotechnical report. When the geotechnical professional finds that a moderate or high geologically hazardous
area exists within 200 feet of the site, and will require engineering design recommendations or other mitigation
measures necessary in order to construct or develop within the geologically hazardous area.
(5) The department shall review the geological assessment and either:
(a) Accept the geological assessment and approve the application; or
(b) Reject the geological assessment and require revisions or additional information. [Ord. 5-20 § 2 (Appx. A)]
18.22.550 Recording and disclosure.
(1) The following information shall be included in a notice to title that must be signed, notarized, and recorded with
the county auditor prior to permit issuance for development in a geologically hazardous area requiring a
geotechnical report:
(a) An abstract and description of the specific types of risks identified in the geotechnical report;
(b) A statement that the owner(s) of the property understands and accepts the responsibility for the risks associated
with developments on the property given the described condition, and agrees to inform future purchasers and other
successors and assignees of the risks; and
(c) A statement that the owner(s) of the property acknowledge(s) that this chapter does not create liability on the part
of Jefferson County or any officer or employee thereof for any damages that result from reliance on this chapter or
any administrative decision lawfully made under this chapter.
(2) Expiration of Geotechnical Reports. Unless there are documented significant changes, modifications, or other
geologic events to render an existing geotechnical report invalid, an existing report shall be considered valid.
Validity shall be examined upon submittal of proposed developments or every five years, whichever is later.
(3) Geologically Hazardous Areas – Marking Limits. The limits (or outer extent) of a geologically hazardous area
shall be marked on site as follows:
(a) High or moderately high geologically hazardous areas shall be identified and staked by a geotechnical
professional. For landslide hazards, the top or toe of slope closest to the proposed activity shall be marked. For
Appendix B - 32
erosion hazards, seismic hazards, and high-risk channel migration zones, the extent of the geologically hazardous
area closest to the proposed activity shall be staked on site.
(b) Stakes shall be installed and marked as necessary to clearly identify the geologically hazardous areas present;
provided, the distance between each of the stakes shall not exceed 50 feet.
(c) Staked limits of the geologically hazardous area shall remain on site based on the type of application, as follows:
(i) Stakes for building or septic applications shall remain in place until a final building certificate of occupancy for a
building permit or a final for a septic permit is issued.
(ii) Staking for a subdivision, a planned rural residential development, a binding site plan, or a rezone shall remain
in place until a final county approval is issued. If, at the time of subsequent building, septic, or other land use
application, the stakes are no longer in place, the administrator may require restaking of the geologically hazardous
area by the project geotechnical professional.
(iii) Staking for any other application requiring land use review shall remain in place until the department of
community development has made a site visit to review the staking relative to property boundaries and proposed
activities, as shown on a submitted site plan.
(d) The staked location of the on-site geologically hazardous areas shall be shown on a site plan submitted with an
application.
(e) If more than one geologically hazardous area is present, only the most restrictive geologically hazardous area
(area closest to the proposed activity) shall be staked by the geotechnical professional.
(4) Buffer Marking. The location of the outer extent of geologically hazardous area buffers shall be marked in the
field as follows:
(a) Geologically hazardous areas and buffers shall be shown on a site plan submitted with an application.
(b) Geologically hazardous area buffers shall be staked on site prior to beginning any clearing, grading, or other
land-disturbing activities. The administrator may waive this requirement if all development activities are outside of
the geologically hazardous area buffer.
(c) The administrator may require signs be posted at the buffer edge if the proposed activity is commercial or
industrial, or if the proposed activity is proposed on public lands. [Ord. 5-20 § 2 (Appx. A)]
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. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 33
18.22.610 Classification/ and designation.
Fish and wildlife habitat conservation areas (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, those areas identified as
being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife or
plants, or designated habitats and species of local importance. 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 fish and wildlife habitat conservation areaFWHCAs:
(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;
(bc) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (Cchapter
76.09 RCW and WAC Ttitle 222 WAC).;
(dc) Commercial and recreational shellfish areas.;
(ed) Kelp and eelgrass beds.;
(fe) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas.;
(gf) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and
wildlife habitat.;
(hg) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.;
(hi) State natural area preserves, natural resource conservation areas, and state wildlife areas; and.
(ji) Species and habitats of local importance designated pursuant to the process delineated in Article IX
(Special Reports) of this chapter.
(2) Designated fish and wildlife habitat conservation areaFWHCAs and their associated buffers that are within
shoreline jurisdiction are regulated under the shoreline master program in Cchapter 18.25 JCC, and in circumstances
where this chapter conflicts with the shoreline master program, the provisions of the shoreline master program shall
prevail. [Ord. 5-20 § 2 (Appx. A)]
(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;
Appendix B - 34
(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 Regulated activitiesApplicability.
(1) Any land use or development, land disturbing activity or use in a FWHCA or its associated buffer activity that is
subject to a development permit or approval requirements of this code shall be subject to the provisions of this
article. These include, but are not limited to, the following activities and, in certain circumstances, activity
allowances, that are directly undertaken or originate in a FWHCA, unless otherwisespecially exempted under
JCCJCC 18.22.230.
(1) Stream Crossings. Any private or public road expansion or construction which is proposed and must cross
streams classified within this article shall comply with the following minimum development standards:
(a) The design of stream crossings shall meet the requirements of the Washington Department of Fish and Wildlife.
Fish passage shall be provided 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.
(b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists;
(c) 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;
(d) Crossings shall serve multiple properties whenever possible; and
(e) Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length
necessary to accommodate the permitted activity.
(2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed pursuant to the
following standards:
(a) 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.
(b) 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.
(c) 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.
(d) Utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat areas.
(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.
(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.
(e) 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.
(f) Utilities should follow best management practices for avian protection.
(3) Bank Stabilization.
(a) 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
Appendix B - 35
fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or
assessment.
(b) Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County shoreline master
program, geologically hazardous areas provision in this chapter, and the flood damage prevention ordinance.
(4) Gravel mining.
(5) Forest practices, Class IV general and conversion option harvest plans.
(6) Road/Street Expansion and New Construction. Any private or public road or street expansion or construction
may be allowed in a FWHCA provided it complies with the following minimum development standards:
(a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties
whenever possible;
(b) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or
bicycle easements, viewing points, etc.; and
(c) 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.
(7) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do not significantly
affect the function of the FWHCA (including viewing structures, outdoor scientific or interpretive facilities, trails,
hunting blinds, etc.) may be permitted in FWHCAs.
(a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other
previously disturbed areas;
(b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife
habitat;
(c) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize
impacts to wildlife, fish, or their habitat; or
(d) Trails, in general, shall be set back from streams so that there will be minimal impact to the stream from trail use
or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not
intended to be used by motorized vehicles.
(8) Chemical application or storage.
(9) Land division, land use permits and land alteration (such as excavation, dredging, grading, or filling).
(10) Modification of hydrologic regime or conditions (including placement of obstructions or impediments to
natural water flow or movement).
(11) Agricultural activities – see Article VIII of this chapter, JCC 18.22.800.
(12) Vegetation removal or alteration (could include but is not limited to clearing, harvesting, shading, intentional
burning, use of herbicides/pesticides, or planting vegetation that alters the character of the regulated area; provided,
the activity is not exempt under JCC 18.22.230). Minor pruning may be allowed provided it is consistent with JCC
18.22.530(1)(a) and (b).
(13) Relocation of streams, or portions of streams, 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 and that relocation of shoreline streams shall be prohibited unless the relocation has been
identified formally by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat
enhancement or identified in watershed planning documents prepared and adopted pursuant to Chapter 90.82 RCW.
[Ord. 5-20 § 2 (Appx. A)]
18.22.630 Protection standards.
(1) General. An application for development, land disturbing activity or use a project on a parcel of real property
containing a designated FWHCA or its associated buffer shall adhere to all of the requirements set forth belowin this
section.
(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:
Appendix B - 36
(a) Habitat reconnaissance letter. This type of report shall be used if the field evaluation determines that no
regulated FWHCA or buffer is present in the proposed project area, which includes those areas that may be
temporarily or permanently affected by construction-related activities or would be within the limits of clearing for
construction. Habitat reconnaissance letters shall be prepared by a qualified professional or wildlife biologist based
on requirements presented in Article IX (Special Reports) of this chapter;
(b) Habitat management plan. This type of report shall be used if the field evaluation determines that any
portion of the development occurs within a regulated FWHCA or buffer, which includes those areas that may be
temporarily or permanently affected by construction-related activities or would be within the limits of clearing for
construction. Habitat management plans shall be prepared by a wildlife biologist based on report requirements in
Article IX (Special Reports) of this chapter;
(c) Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer may be prepared by
a qualified professional, agency 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.Drainage and Erosion Control. In addition to complying with the stormwater requirements of Chapter 18.30
JCC, the applicant must clearly show that stormwater quantity, quality, and flow path post-construction will be
comparable to pre-construction conditions.
(3) Grading. An applicant submitting a project application shall also submit, and have approved, a grading plan, as
specified in Chapter 18.30 JCC.
(43) Vegetation Rretention required within a FWHCA or its buffer. Compliance with all of Tthe following
provisions regarding vegetation retention is requiredshall apply:
(a) Vegetation within a FHWCAs or its associated buffers 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 DCDrequire review and approval by the department.
(b) Altering the habitat conditions (existing functions and values) of a FWHCAs or its associated buffers
without prior review and approval by the departmentDCD 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.All trees and understory vegetation lying outside of road rights-of-way and
utility easements shall be retained (except for hazard trees) during maintenance clearing of rights-of-way for
roadways and utilities; provided, understory vegetation damaged during approved clearing operations may be
pruned.
(d) Damage to a FWHCAs and its associated buffer from land disturbing activityvegetation retained during
initial clearing activities shall be minimized by installing temporary construction fencing before grading near
the buffers, and thedirectional felling of trees away from these areasto avoid critical areas and vegetation to be
retained.
(54) 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:
Appendix B - 37
(a) Showing the location of the critical area and buffer on all approved site plans adjacent to development or
land disturbing activity;
(b) Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that
development or land disturbing activity does not encroach upon buffers;
(c) Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial,
industrial development or uses, or for development or uses on public lands. This is intended to ensure that the
public knows the location of the buffers.
(d) Record a notice to title on the property with the Jefferson County Auditor prior to approval of the
application, if the FWHCA is not identified in the development application or on the County’s GIS mapping
system. This is intended to disclose to future buyers the existence of critical areas and their potential associated
buffers.
(5) Buffers – Standard Requirements. The administrator shall have the authority to require buffers from the edges of
all FWHCAs in accordance with the followingthis chapter based on all of the following requirements:
(a) GeneralBuffers Generally.
(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.
(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 and buffers.
(iii) Utilities including sewer lines and on-site sewage systems may be permitted in FWHCA buffers only
when no practicable or reasonable alternative location is available.
(ivii) 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.
(vi) The administrator shall have the authority to increase a buffer width, if supported by appropriate
documentation showing the increase is needed to protect the functions and values of the FWHCA.
(vii) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or
industrial, or if the activity is proposed on public lands.
(b) PrescriptiveStandard buffers for FWHCAs Buffers.
(i) The standard buffer widths required by this article are considered to be the minimum required to protect
the FWHCA/stream 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 on both sides of the stream from the
ordinary high water mark (OHWM). Channel migration zone (CMZ), or from the outer edge of the
FWHCA as identified in the field. Nevertheless, the required buffer shall include any adjacent regulated
wetland(s), landslide hazard areas or erosion hazard areas and required buffers but shall not be extended
across paved roads or other lawfully established structures or hardened surfaces. 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.
Appendix B - 38
Table 18.22.630(1): Stream Buffers*
Stream Type
Buffer
RequirementWidth
(feet)
Type “S” – Shoreline Streams 150 feet
Type “F” – Fish BearingHabitat Streams:
Urban Growth Areas:
LAMIRDs:
Other (Rural) Areas:
150 feet
150
200
Type “Np”– Non-Fish BearingHabitat
Perennial Streams
75 feet100
Type “Ns” – Non-Fish BearingHabitat
Seasonal Streams greater than or equal to
20% grade
75 feet100
Type “Ns” – Non-Fish Bearing Seasonal
Streams less than 20% grade
50 feet
*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 WACWAC
222-16-030, or as amendedoutlined in JCC 18.22.620(3).
(iii) Buffers for Othernon-stream FWHCAs. The administrator shall determine appropriate buffer widths
for othernon-stream FWHCAs based on the best available information. Buffer widths for non-stream
FWHCAs habitat conservation areas shall be as follows in Table 18.22.630(2):
Table 18.22.630(2): BRequired buffers for Othernon-stream FWHCAs
FWHCA Type Buffer RequirementWidth (feet)1
Areas where federally listed (endangered and threatened) species or
state-listed (endangered, threatened, and sensitive) species have a
primary association
Buffers shall be 150 feet; provided, local and site specific factors
shall be taken into consideration and the buffer width based on the
best available information concerning the species/habitat(s) in
question or the opinions and recommendations of a qualified
professional with appropriate expertise.150 from edge of FWHCA
Commercial and Recreational Shellfish Areas Buffers shall extend 150 feet landward from ordinary high water
mark of the marine shore.150
Native Kelp and Native Eelgrass Beds (No buffer for non-native
kelp and non-native eelgrass beds)
Buffers apply to areas where native kelp and eelgrass species occur
only, and buffers shall extend 22 feet from each patch. There is no
buffer for nonnative kelp and eelgrass beds.25 from each patch
Surf Smelt, Pacific Herring, and Pacific Sand Lance Spawning
Areas
Buffers shall extend 150 feet landward from ordinary high water
mark of the marine shore.150
Non-Shoreline Natural Ponds and Lakes (Under 20 Acres)2 (along
with any submerged aquatic beds serving as fish or wildlife habitat)
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
Ponds under 20 acres – buffers shall extend 50 feet from the
ordinary high water mark.
Lakes 20 acres and larger – buffers shall extend 100 feet from the
ordinary high water mark; provided, where wetlands are associated
with the shoreline, the wetland buffer requirements shall also
apply.200
Appendix B - 39
FWHCA Type Buffer RequirementWidth (feet)1
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 Buffers shall not be required adjacent to these areas. These areas
are assumed to encompass the land required for species
preservation.Not applicable
Game Fish Planted by a Governmental or Tribal Agency (lakes,
ponds, streams, and rivers)
Ponds under 20 acres – buffers shall extend 50 feet from the
ordinary high water mark.
Lakes 20 acres and larger – buffers shall extend 100 feet from the
ordinary high water mark; provided, where wetlands are associated
with the shoreline, the wetland buffer requirements shall also apply.
Streams and rivers – see Table 18.22.630(1).
Designated Habitats of Local Importance4 The need for and dimensions of buffers for other locally important
species or habitats shall be determined on a cCase-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.
[Ord. 5-20 § 2 (Appx. A)]
(6) When buffer averaging may be allowed.
(a) The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 25
percent when all of the following criteria are met:
(i) The specific standards for mitigation sequencing in JCC 18.22.640 have been applied during the siting
and design of the proposed project. To the extent practicable, that may include consideration all of the
following avoidance and minimization measures:
(A) Trees and other existing native vegetation are avoided, and development, land disturbing activities,
and uses are placed on existing road grades, utility corridors, or other developed lands if present; or
(B)The buffer is increased adjacent to the higher-functioning area or more-sensitive portion of the
buffer or FWHCA and decreased adjacent to the lower functioning or less-sensitive portion; and
(ii) Lower intensity land uses are located in the reduced buffer area if feasible;
(iii) The development is designed to separate and screen impacts such as noise, glare, and vegetation
trampling of adjacent land uses from the critical area. The site design shall consider the varying degrees of
impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher
noise and glare impacts than the rear of the store. Site screening should take advantage of natural
topography or existing vegetation, wherever possible. Where natural screening is not available, berms,
landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and
store entrances from critical area). Landscaping shall be consistent with JCC 18.30.130;
(iv) The total area contained in the buffer after averaging is no less than that which would be contained
within the standard buffer area and all increases in buffer dimension are parallel to the FWHCA;
Appendix B - 40
(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.
Table 18.22.630(3): Reduced Buffers for FWHCAs
FWHCA Type Reduced Buffer Width (feet)1
Type “F” – Fish Habitat Streams 150
Appendix B - 41
Other (Rural) County Areas:
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
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
Appendix B - 42
(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
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;
Appendix B - 43
(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,
(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,
Appendix B - 44
(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;
(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;
Appendix B - 45
(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 mitigationBuffer reductions and averaging.
(1) The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, the specific
standards for avoidance and minimization in JCC 18.22.660 shall apply, and when the applicant demonstrates to the
satisfaction of the administrator that all of the following criteria are met:
(a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other
critical area.
(b) The buffer shall not be reduced to less than 75 percent of the standard buffer, unless it can be demonstrated
through a special report prepared by a qualified professional that there will be no net loss of FWHCA functions or
values.
(c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent.
(2) The administrator shall have the authority to average buffer widths on a case-by case basis; provided, the specific
standards for avoidance and minimization in JCC 18.22.660 shall apply, and when the applicant demonstrates to the
satisfaction of the administrator that all the following criteria are met:
(a) The total area contained in the buffer area 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 FWHCA.
(b) 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.
(c) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope,
soils, or vegetation.
(d) The buffer width averaging does not reduce the buffer to less than 75 percent of the standard width or 50 percent
for single-family residential development.
Appendix B - 46
(e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent.
(f) Buffer averaging shall not be allowed if FWHCA buffers are reduced.
(3) The limits of clearing for the proposed development or use shall be shown on the site plan relative to the
FWHCA and the buffer.
(4) In the case of short plat, long plat, binding site plan, and site plan approvals under this code, the applicant shall
include on the face of any such instrument the boundary of the FWHCA.
(5) The applicant may also choose to dedicate the buffer through a conservation easement or deed restriction that
shall be recorded with the Jefferson County auditor. Such easements or restrictions shall, however, use the forms
approved by the prosecuting attorney. [Ord. 5-20 § 2 (Appx. A)]
18.22.650 Habitat management reports – When required.
(1) When a development, use, or activity is proposed on lands designated as a fish and wildlife habitat conservation
area or a buffer, a habitat evaluation may be required. An on-site habitat evaluation determines if FWHCAs or
buffers occur in the project area.
(2) 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.
(3) Evaluations shall be conducted pursuant to the special report requirements found in Article IX (Special Reports)
of this chapter.
(4) Types of Reports. When required by this section, an applicant shall submit a report documenting the results of
the habitat evaluation for county review and approval. Based on the results of the site evaluation, a report shall be
prepared by a qualified professional and either be:
(a) Habitat Reconnaissance Letter. This type of report shall be used if the field evaluation determines that no
regulated fish and wildlife habitat conservation area or buffer is present in the proposed project area, which
includes those areas that may be temporarily affected by construction-related activities or would be within the
limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a 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 proposed project occurs within a regulated FWHCA or buffer, which includes those areas that
may be temporarily affected by construction-related activities or would be within the limits of clearing for
construction. This type of report shall be used if a proposed buffer reduction or buffer averaging does not
exceed 25 percent of the standard buffer width, as shown in Tables 18.22.630(1) and (2). Habitat management
plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of
this chapter.
(c) If the proposal cannot meet the mitigation or critical areas stewardship plan requirements of this chapter, a
critical area variance or reasonable use exception in JCC 18.22.250 or 18.22.260 shall be followed and a habitat
management plan shall be required. An applicant 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.
(d) If a dive survey is required, the results of the survey shall be described in a report and supported by photos
taken underwater. [Ord. 5-20 § 2 (Appx. A)]
18.22.660 Mitigation.
(1) When Required. Mitigation is required for FWHCA buffer reductions greater than 25 percent but less than 50
percent of the standard buffer widths. Applications for FWHCA buffer reductions greater than 50 percent may
pursue a financially bonded critical areas stewardship plan or be approved for buffer reductions greater than 50
percent through a hearing examiner variance or reasonable economic use exception in accordance with this chapter.
Appendix B - 47
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.
(21) FWHCA Mmitigation Ssequencing. 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.The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or
a FWHCA buffer. All regulated development, uses, and activities in a FWHCA or an associated buffer shall be
mitigated in the following order:
(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 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 – Mminimum Rrequirements and Ttypes of Mmitigation.
(a) Minimum mitigation requirements are as follows:
(i) Unavoidable impacts to a FWHCA area 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, natural processes, and area.
(b) FWHCAs mitigation shall include the following options:
(i) On-Ssite Mmitigation. The applicant may propose on-site mitigation if the mitigation proposal
compensates for the loss or degradation to existing habitat.
(ii) Off-Ssite Mmitigation. 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 valuesor degradation of existing habitats and species; 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 or a significant ecological and functional
improvement to the FWHCA; and
(C) There is a willing landowner that accepts the proposed mitigation; and
Appendix B - 48
(D) A mitigation agreement/ or easement is recorded that specifies the individuals or parties
responsible for implementing, maintaining, and monitoring the mitigation area.
(c) In-Llieu Ffee Mmitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee
program may be used to compensate for impacts or alterations to a fish and wildlife habitat conservation
areaFWHCA or aits 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 fish and wildlife habitat conservation areasFWHCAs or their
associated buffers shall adhere to the in-lieu mitigation requirements in JCCJCC 18.22.740(4). [Ord. 5-20 § 2
(Appx. A)]
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.
(3) Establish review procedures for development proposals in and adjacent to wetlands.
(4) Establish minimum standards for identifying and delineating wetlands. [Ord. 5-20 § 2 (Appx. A)]
18.22.710 Classification/ and designation.
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands
may include those artificial wetlands intentionally created from 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, farm ponds for agricultural activities, and 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 Ddelineation. Wetlands shall be delineated in accordance with the requirements of RCWRCW
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 Rrating. 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 scientists of the State of Washington Natural
Heritage Program/Washington Department of Natural Resources; (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.
Appendix B - 49
(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, so they
should be protected to some degree.
(3) Category IV wetlands that are non-federally regulated and not associated with a riparian area and less than one-
tenth acre (4,356 square feet) shall be exempt from the requirements of this article when all of the following criteria
are met:
(a) The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is
indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean
water;
(b) The wetland does not have unique characteristics that would be difficult to replace through standard
compensatory mitigation practices;
(c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) or a FWHCA
buffer 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;
(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).
In addition, mitigation in the form of enhancement or expansion of another part of the buffer should be considered in
order to offset any expansion of a nonconforming use or structure.
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;
Appendix B - 50
(d) United States Department of Agriculture, Natural Resource Conservation Service, Hydric Soils List; and
(e) Washington State Department of Ecology, Coastal Atlas Map.General. Application for a project on a parcel
of real property containing a designated wetland shall adhere to the requirements in this section.
(a) Types of Wetland Evaluations. An applicant submitting an application for a development, use, or activity on
lands determined to be wetland shall also submit, and have approved, a wetland evaluation prepared based on results
of an on-site field investigation conducted by a qualified wetland professional using wetland delineation manuals
specified in this section. The wetland evaluation shall be completed based on the following:
(i) Wetland Reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or
completing a wetland rating form. It shall be used 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.
(ii) 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 clearing. 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
subsection (2) of this section, 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.
(b) 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. [Ord. 5-20 § 2 (Appx. A)]
18.22.720 Regulated activitiesApplicability.
(1) Activities Subject to Regulation. Any land use orAll development, land disturbing activitiesy and uses in a
wetland or its associated buffer shall be subject to the provisions of this article, including, but not limited to, the
following activities that are directly undertaken or originate in a regulated wetland, unless specially exempted under
JCCin JCC 18.22.230.:
(a) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and
trails;
(b) The dumping or discharging of any material, or placement of any fill;
(c) The draining, flooding, or disturbing of the wetland water level or water table;
(d) The driving of pilings;
(e) The placing of anything that obstructs water movement, including but not limited to surface water flow, surface
water runoff, or groundwater infiltration;
(f) The construction, reconstruction, or expansion of any structure;
(g) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning,
application of herbicides or pesticides, or planting of vegetation that would alter existing wetland conditions; or
(h) The alteration or modification of water quality or water quantity.
(2) Requirements for Waiver for Single-Family Residence. The requirement for a wetland evaluation may be waived
by the administrator for construction of a single-family residence on an existing lot of record if department staff or a
qualified wetland evaluator determines that:
(a) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and
(b) The single-family residence and all accessory structures and uses are not proposed to be located within the
distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. [Ord. 5-20 § 2 (Appx. A)]
18.22.730 Protection standards.
The following activities may be permitted in wetlands or wetland buffers as specified when all reasonable measures
have been taken to avoid adverse effects on wetland functions and values as documented through a wetland report
prepared by a qualified wetland specialist. Compensatory mitigation is required for all adverse impacts to wetlands
that cannot be avoided. To the maximum extent practicable, impacts to buffers shall be minimized and any disturbed
buffer areas shall be immediately restored except as specifically allowed.
(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.
Appendix B - 51
(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.
(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;
Appendix B - 52
(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.
(1) Utility lines in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when no feasible
conveyance alternative is available shall be designed and constructed to minimize physical, hydrologic, and
ecological impacts to the wetland, and meet all of the following:
(a) The utility line is located as far from the wetland edge or buffer as possible and in a manner that minimizes
disturbance of soils and vegetation.
(b) Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line and
the area is restored following utility installation.
(c) Buried utility lines shall be constructed in a manner that prevents adverse impacts to surface and subsurface
drainage. This may include regrading to the approximate original contour or the use of trench plugs or other devices
as needed to maintain hydrology.
(d) Best management practices are used in maintaining said utility corridors such that maintenance activities do not
expand the corridor further into the critical area.
(2) Public roads or bridges in Category II, III, and IV wetlands and their buffers or Category I wetland buffers when
no feasible alternative alignment is available and the road or bridge is designed and constructed to minimize
physical, hydrologic, and ecological impacts to the wetland, including placement on elevated structures as an
alternative to fill, where feasible.
(3) Access to private development sites may be permitted to cross Category II, III, or IV wetlands or their buffers,
provided there are no feasible alternative alignments and measures are taken to maintain preconstruction hydrologic
connectivity across the access road. Alternative access shall be pursued to the maximum extent feasible, including
through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other
dimensions, and specific construction standards to minimize impacts may be specified, including placement on
elevated structures as an alternative to fill, if feasible.
(4) Low-impact, passive recreational activities may be constructed, such as pervious trails, nonpermanent wildlife
watching blinds, and scientific or educational activities, and sports fishing or hunting, provided construction is
limited to the outer 25 percent of the buffer. Trails within buffers shall be designed to minimize impacts to the
wetland and shall not include any impervious surfaces and avoid removal of significant trees.
(5) Stormwater management within the buffers of only Category III and IV wetlands with habitat scores of 3 to 4
points are allowed provided the management techniques follow published guidelines for stormwater management in
wetlands by the Washington Department of Ecology and are vegetation-lined swales designed for stormwater
management or conveyance when topographic restraints determine there are no other upland alternative locations.
Appendix B - 53
Swales used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales
may be placed through the buffer, if necessary.
(6) Wetland Buffer Widths.
(a) The standard buffer shall be based on a combination wetland category, habitat function score (from the wetland
rating form), and land use intensity. The intensity of the land use shall be determined in accordance with the
definitions as listed below unless the technical administrator determines that a lesser level of impact is appropriate
based on information provided by the applicant demonstrating that the proposed land use will have a lesser impact
on the wetland than that contemplated under the buffer standard otherwise appropriate for the land use.
The administrator shall have the authority to require buffers from the edges of all wetlands, in addition to the
building setback in accordance with the following.
(b) Wetland buffers shall be established to protect the integrity, functions, and values of the wetland. Wetland
buffers shall be measured horizontally from a perpendicular line established by the wetland boundary based on the
base buffer width identified in Table 18.22.730(1)(a). Buffers shall not include areas that are functionally and
effectively disconnected from the wetland by an existing, legally established road or another substantial developed
surface.
(c) The buffer standards required by this article presume the existence of a dense, multi-storied native vegetation
community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate
vegetation, the technical administrator may increase the standard buffer, require buffer planting or enhancement, or
deny a proposal for buffer reduction or buffer averaging.
(d) Standard buffer widths are shown in Table 18.22.730(1)(a). However, for Category I or II wetlands with “special
characteristics” as determined and defined through the Washington Department of Ecology (2014) Wetland Rating
System as it exists now or may be amended in the future (including estuarine, coastal lagoons, wetlands of high
conservation value, bogs, forested, and interdunal wetlands), only buffers in the highest habitat score (8 to 9) group
are applied.
(i) The prescribed buffer widths are based the wetland category (I, II, III, IV) as determined by the scoring results on
the rating form for the wetland rating system and the expected level of impact of the proposed adjacent land use.
“High intensity land use” means land use that includes the following uses or activities: commercial, urban,
industrial, institutional, retail sales, residential (more than one unit/acre), high intensity new agriculture (dairies,
nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high
intensity recreation (golf courses, ball fields), hobby farms, and Class IV special forest practices, including the
building of logging roads. A high intensity land use may become a moderate intensity land use where required
measures to minimize impacts in Table 18.22.730(1)(b) are made part of the proposal and where a buffer condition
is well vegetated per subsection (9) of this section criteria.
“Low intensity land use” means land use that includes the following uses or activities: forestry (cutting of trees
only), low intensity open space (such as passive recreation and natural resources preservation), utility corridor
without a maintenance road and little or no vegetation management and unpaved trails. Low intensity uses
incorporate features in Table 18.22.730(1)(b) by the nature of their use.
“Moderate intensity land use” means land use that includes the following uses or activities: residential (one
unit/gross acre or less), moderate intensity open space (parks), moderate intensity new agriculture (such as orchards
and hay fields), utility corridor or right-of-way shared by several utilities and including access/maintenance roads
and paved trails.
The administrator may determine, on the basis of detailed information from the applicant about the site conditions,
scope, and intensity of the proposed development, that the proposed land use will have a lesser level of impact on
the wetland than indicated by similar land uses on the list.
(6) Buffers – Standard requirements for wetlands.
Appendix B - 54
(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 Wetland Buffer Wwidths 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 B - 55
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 Mmeasures to Mminimize Iimpacts to Wwetlands
(All measures are required for land use intensity reductionif applicable to a specific proposal)
Disturbance Required Mmeasures for land use intensity reductionto Minimize Impacts
Lights • Lights shall be shielded to avoid being directed off the developed area, and should include timers
or motion detection.Direct lights away from wetland
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;
• Establish covenantsUtilize 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 • Retrofit stormwater detention and treatment for roads and existing adjacent developmentRoads
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 intensityimpact development (LID) techniques (for more information visit Washington
State Department of Ecology’s websiterefer to the drainage ordinance and manual)
Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new
lawns
Appendix B - 56
Disturbance Required Mmeasures for land use intensity reductionto Minimize Impacts
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
• PlaceFor 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.
Appendix B - 57
(b) The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 50
percent when all of the following requirements are met:
(i) A habitat management plan shall be submitted;
(ii) The modified buffer shall meet the definition of a fully vegetated buffer, which shall contain at least 80
percent aerial cover of native trees and shrubs in its existing or proposed enhanced condition at maturity.
This shall also include the removal of invasive non-native plants (e.g. Himalayan blackberry, 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;
Appendix B - 58
(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
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:
Appendix B - 59
(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.
(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;
Appendix B - 60
(b)Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or
other previously disturbed areas;
(c) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important
wildlife habitat;
(d) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located within
the buffer to minimize impacts to wildlife, fish, or their habitat;
(e) Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they
do not exceed three feet in width and are designed to minimize the impact to a wetland and its associated buffer.
Trails serving multiple parcels or subdivision shall not exceed six 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.
(7) Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of the wetland
buffer shall be identified as follows:
(a) The outer extent of the wetland buffer shall be flagged on site.
(b) In the case of short plat, long plat, and binding site plan, the applicant shall include on the face of any such
plan the boundary of the wetland and its buffer.
(c) For all other approvals, the administrator shall have the authority to require a notice to title be recorded on
the property by the property owner prior to any permits may be issued.
(d) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or
industrial, or if the activity is proposed on public lands.
(8) Buffers – Standard Requirements.
(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:
(i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the wetland boundary as
marked in the field during delineation if required, or based upon site investigation, aerial photographs, or
LiDAR images.
(ii) Functionally isolated buffer areas will be subject to wetland evaluation to determine protective functions
such as whether or not the isolated buffer area is used by wildlife to gain access to the wetland. In instances
where substantial wildlife use is documented, the area shall be retained as buffer despite being otherwise
isolated or disconnected from the wetland.
(iii) When a buffer is on a slope steeper than 30 percent, or lacks adequately dense and diverse vegetation, the
administrator may deny a proposal for buffer reduction or buffer averaging.
(9) Reducing Buffer Widths. Buffer widths may be reduced as depicted in Table 18.22.730(1)(c) when
implementing listed impact-reducing measures on the adjacent land use per Table 18.22.730(1)(b) and
requiring a protected vegetated corridor between the wetland and a priority habitat or relatively undisturbed
area, if present. Other buffer reductions may be allowed upon submission of a wetland evaluation by a wetland
specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the
Appendix B - 61
wetland. The administrator shall have the authority to reduce the prescribed buffer widths listed in the Table
18.22.730(1)(a); provided, all of the following shall apply:
(a) The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of the standard
buffer;
(b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the required buffer, or
25 feet, whichever is greater;
(c) The applicant implements reasonable measures to reduce the adverse impacts of structures and
appurtenances on the subject parcel as determined by the administrator; and
(d) Buffer area reduction shall be minimized to accommodate only those structures and appurtenances as
approved by the administrator.
Table 18.22.730(1)(c).
Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(b) Measures
Wetland
Category
Habitat
Function
High Impact
Buffer
Width
I 8 – 9 225
6 – 7 110
<3 – 5 75
II 8 – 9 225
6 – 7 110
<3 – 5 75
III 8 – 9 225
6 – 7 110
3 – 5 60
IV all 40
(10) Averaging Buffer Widths. Upon submission of a wetland evaluation by a wetland specialist that
demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland, the
administrator shall have the authority to average wetland buffer widths on a case-by-case basis; provided, all of
the following shall apply:
(a) The buffer averaging does not have any adverse impact on the functions and values of the wetland and
provides greater protection of the wetland;
Appendix B - 62
(b) The total area contained within the buffer after averaging is no less than that which would be contained
within the prescribed buffer, and the buffer boundary remains more or less parallel to the wetland boundary;
(c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions, and the buffer
boundary considers variations in slope, soils, or vegetation to optimize the overall effectiveness of the buffer;
(d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width;
(e) The buffer width was not already the subject of a buffer reduction; and
(f) If area of buffer reduction is composed of native trees that are eight inches in diameter at breast height, the
buffer reduction shall not be approved unless the area of buffer increase consists of native trees of a similar
size, age, density, and species composition as that in the area to be reduced.
(11) Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will be subject to
a variance or reasonable economic use exception, as applicable under JCC 18.22.250 and 18.22.260 or may
pursue a financially bonded critical areas stewardship plan (CASP), as applicable under JCC 18.22.965;
provided, the proposal can meet all CASP financial and other provisions.
(12) 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 wetland. Supporting documents 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. [Ord. 5-20 § 2 (Appx. A)]
18.22.740 Impact Assessment and Mmitigation.
The overall goal of mitigation shall be no net loss of wetland functions or values, value, and area.
(1) Mitigation Ssequence. Mitigation includes avoiding, minimizing, rectifying, or compensating for adverse
impacts to regulated wetlands. When development, land disturbing activity or a proposed use or development
activity 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.
Appendix B - 63
(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 Wwetland Mmitigation – Ggeneral Rrequirements. 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 JCC Ttitle 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 largergreater than those alteredimpacts in order to
compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of
mitigation that must be used for compensatory wetland mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category and Type
of Wetland Impacts
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. PMitigation 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.
Appendix B - 64
(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.
(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 Cchapter 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.
(35) Compensatory Wwetland and buffer Mmitigation – Ttype, Llocation, and Ttiming.
(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:
Appendix B - 65
(i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site mitigation is
ecologically preferable;
(ii) No reasonable opportunities exist on-site and within the same subdrainage basin;
(iii) On-site mitigation would result in the loss of high-quality upland habitats;
(iv) Off-site mitigation has a greater likelihood of compensating for project-related impact;
(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(vi) On-site compensation is not practical due to probable adverse impacts from surrounding land uses;
and
(vii) Potential functions and values at the site of the proposed restoration are significantly greater than the
lost wetland functionsal 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 mustshall be completed prior to wetland destruction, where feasible.
(46) In-Llieu Ffee program (ILF) Program. An applicant may opt to use an ILF to compensate for impacts to
wetlands or their associatedaquatic resources (critical areas) or 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 Jefferson CountyDCD 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. The countyDCD 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 Jefferson County Code critical areasthe requirements of this chapter and
the applicable approved in-lieu fee program instrument. [Ord. 9-20 § 2 (Appx. B)1; Ord. 5-20 § 2 (Appx. A)]
Article VIII. Agriculture
18.22.800 Purpose and intent.
(1) Jefferson County desires to encourages the conservation of productive agricultural lands and tothe
implementation of alternative means of protecting critical areas using conservation practices in this article. As
Appendix B - 66
allowed under WAC WAC 365-196-830 (Protection of Ccritical Aareas), 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 titlechapter, are essential to achieving this goal.
(3) Jefferson County offers agricultural 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 theis one in which standard buffer widths from
streams, wetlands, and ponds are established, which may offer a simpler yet stricter set of standards; or
(b) A “performance” based approach where the producer of agricultural products or commodities works
independently or with farm assistance agencies to identify the resource concerns that are unique to the farm
operation and to implement practices best suited to address those concerns.
(4) Jefferson CountyDCD shall ensure monitoring and adaptive management processes are in place to evaluate
whether the application of performance-based approaches address resource concerns identified in this article to the
extent related to agricultural activities. [Ord. 5-20 § 2 (Appx. A)]
18.22.810 Resource concerns.
The continuation of existing Aagricultural 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.
have the potential to create adverse impacts to critical areas. It is the county’s policy to minimize such impacts.
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 activitiesNutrient Pollution of Water. 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) Nutrient and Farm Chemical 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. Farm cChemicals used for agricultural activities mustshall 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 Eerosion and Sediment Control Management. 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) Operation and Maintenance of Agricultural 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 Rriparian vegetation Management. Dense riparian vegetation along the water’s edge
will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for
fish, birds, and wildlife; and keep water cooler in summer. Existing riparian vegetation should be managed to
continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife, and control
noxious weeds. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 67
18.22.820 Alternative performance-based approach for agriculture in FWHCAs or wetlandsApplicability
and classification.
(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: Proponents of the following
activities within fish and wildlife conservation areas or wetlands or their buffers shall comply with either the
prescriptive standards of this chapter or the performance-based approach in this article:
(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 thean agricultural activity as of the effective date of this code (March 10,
2020), the date agriculture was first regulated under this article:
(i) Adding or expanding temporary or permanent structures;
(ii) Adding or expanding compacted areas such as for parking, roads, or access;
(iii) Adding or expanding impervious areas;
(iv) Adding or replacing wells or septic systems;
(v) Constructing or altering ditches or drainage systems;
(vi) Constructing or altering farm and stock ponds for agricultural use;
(vii) Expanding or altering manure or compost management structures or practices;
(viii) Expanding or Aaltering the application of fertilizers or agricultural chemical management activities
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 aActivities per JCCJCC 18.22.230(3)(a);.
(b) Agricultural activities occurring within the footprint of use as of the effective date of this code (March 10,
2020, the date agriculture was first regulated under this article) are exempt from compliance with this chapter
unless listed in JCCJCC 18.22.720;.
(c) Agricultural activities that meet the FWHCA and wetland prescriptive standards; or
(bd) Agricultural activities that do not lie within FWHCAfish and wildlife conservation areas or wetland
prescriptive standards.
(3) Agricultural Cchecklist and Cclassification. The departmentDCD 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 JCC 18.22.830 and avoid potential negative
impacts described under resource concerns in JCC 18.22.810. Based on the achievement of performance standards
as documented inin the following classifications shall be used on the agricultural checklist, proposals shall be typed
as follows:
Appendix B - 68
(a) Type 1 Cconservation Ppractices Ccompliant. A Type 1 classification applies to producers of agricultural
products or commodities that have a farm plan developed by state or federal farm assistance agencies, or have
completed the agricultural checklist, demonstrating that a development applicationthe proposal addresses
performance standards in JCC 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 JCCJCC 18.22.810.
(b) Type 2 Cconservation Ppractices Sscheduled. A Type 2 classification applies to proposalsdevelopment that
does not meet one or more performance standards in JCC 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 JCCJCC 18.22.810 and meet performance standards in JCCJCC 18.22.830.
(c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteriaConservation
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 practicesactivities. TheA producer of agricultural products or commodities shall
complete an agricultural checklist and provide a report prepared by a state or federal farm assistance
agency or a natural resource conservation professional to demonstrate how the proposal meets the
performance standards in JCC JCC 18.22.830 and avoids potential negative impacts described under
resource concerns in JCC 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 economic use exceptions as applicable under JCC 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 JCC 18.22.965; provided, the proposal can meet all
CASP financial and other provisions. [Ord. 5-20 § 2 (Appx. A)]
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
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 fish and
wildlife habitat conservation areaFWHCAs and wetlands.;
(c) Agricultural landsreas of farm production are managed to prevent stormwater from carrying manure,
pathogens, sediment, pesticides, and other contaminants from entering all fish and wildlife habitat conservation
areaFWHCAs and wetlands.;
(d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams
and ditches installed and maintained in a manner that prevents the entry of manure, pathogens, sediment,
pesticides, and other contaminants.;
(e) Livestock are excluded from fish and wildlife habitat conservation areaFWHCAs and wetlands by means of
fencing, gates or other controls that are consistent with the practices recommended by farm assistance
agencies.;
(f) Buffers are established that either: (i) are consistent with either the prescriptive standards in this chapter
applicable to fish and wildlife habitat conservation areaFWHCAs or wetlands or (ii) consistent with farm
assistance agency-designed conservation practices that provide for buffers around fish and wildlife habitat
conservation areaFWHCAs or wetlands within areas where livestock are kept.;
Appendix B - 69
(g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants
from entering fish and wildlife habitat conservation areaFWHCAs and wetlands.;
(h) Manure is applied in a manner and its application timed to prevent pollution of fish and wildlife habitat
conservation areaFWHCAs and wetlands.;
(i) Compost production is handled and stored in a way that prevents stormwater from carrying nutrients,
pathogens, sediment and other contaminants into fish and wildlife habitat conservation areaFWHCAs and
wetlands.;
(j) Application of fFertilizers or agricultural chemicals for weed and pest control are conductapplied in a
manner that prevents them from entering any fish and wildlife habitat conservation areasFWHCAs and
wetlands on agricultural landthe farm either by aerial drift or by stormwater run-off.;
(k) The proposaldevelopment avoids adverse alteration of wetland hydrology.;
(l) The proposaldevelopment 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) AThe proposed agricultural activity is consistent with locational allowances in subsection (2) of this
section.
(2) Locational Sstandards. Table 18.22.830(1) identifies agricultural activities that are allowed in or near wetlands
and streamFWHCAs and their associatedprescriptive buffers.
(a) Cultivation and production and agricultural structures, buildings, impervious areas shall meet the locational
allowances and associated performance standards.
Table 18.22.830(1)
Agricultural Activities Allowances in Wetland and Wetland/Stream FWHCA Buffers
Activity Allowed in Wwetlands Allowed in Prescriptiveassociated Wetland and
FWHCA Stream Buffers
Cultivation and production Yes, existing agricultural activities lawfully established
as of March 10, 2020, the effective date regulation of
agriculture was first adopted inof this chapter. (March
10, 2020)
Yes, new or expanded agricultural activities 1,2
Yes, existing agricultural activities lawfully established
as of March 10, 2020, the effective date regulation of
agriculture was first adopted in of this chapter. (March
10, 2020)
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 effective date regulation of
agriculture was first adopted in of this chapter (March
10, 2020).
Appendix B - 70
Activity Allowed in Wwetlands Allowed in Prescriptiveassociated Wetland and
FWHCA Stream Buffers
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 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 DCDJefferson County.
(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 landowner’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 JCCJCC
18.22.810 through the application ofby 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 metis a Type 3 critical area undocumented
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 Ppractices. Owners of Aagricultural landowners and operators 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 DCDthrough the NRCS. A producer of agricultural
products or commodities may also work with other farm assistance agencies.
(5) Scheduled Cconservation Ppractices. For a Type 2 conservation practices not satisfied scheduled proposal, the
proponentapplicant 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. [Ord. 5-20 § 2 (Appx. A)]
18.22.840 Monitoring and adaptive management.
Monitoring provides information used by Jefferson CountyDCD to assist in determining the effectiveness of the
county’s critical area regulations and conservation practices applicable to agricultural activities. Jefferson
CountyDCD shall develop a cooperative monitoring program with producers of agricultural products or
commodities , conservation district staff and farm assistance agency staff based on the conservation practices and
performance standards of approved critical areas permits in agricultural areasland. 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” meanrelate to the following categories as compared to conditions as of the
effective date of this chapter (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 other
managementa farm assistance agency.
Appendix B - 71
(b) The existence or absence of large woody debris within a streamFWHCA, 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 Cchapter 90.48 RCW.
(c) Meeting all applicable requirements of Cchapter 77.55 RCW and Cchapter 220-660 WAC (Hydraulics
Code).
(d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the FWHCAstream or
wetland that can be reasonably attributed to adjacent agricultural activities.
(e) The references above to Cchapters 77.55 and 90.48 RCW and Cchapters 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 Pprogram Bbenchmarks and Ooutcomes.
(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 dDepartment of Environmental pPublic hHealth
or another designated partnering 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, the departments of community development 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
this ordinance (March 10, 2020), the date regulation of agriculture was first adopted in this chapter.
Additionally, indicators of habitat conditions, such as (i) the percent cover of woody vegetation (native trees
and shrubs) shall not result in a net decrease; (ii) the amount of habitat features such as snags, downed woody
debris, and open water habitats shall not result in a net decrease.
(c) In-stream fish habitat, wetland and riparian vegetation conditions should remain stable or improve (based on
assessments, reports, and online information published the Washington State Department of Fish and Wildlife
or another state or federal agency with jurisdictioncomparable expertise). Critical area restoration and habitat
improvement projects when required as part of approved conservation practices or performance standards shall
meet specific benchmarks to ensure success. The applicant shall propose specific benchmarks for approval by
the director. The benchmarks shall reference indicators of habitat conditions per subsection (3)(b) of this
section or other relevant habitat ecology indicators based on site specific conditions, advice from farm
assistance agencies, advice from agencies with expertise, or applicable areawide studies by qualified
Appendix B - 72
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 Type 1 or Type 2 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 landowner /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 landowner’s or /producer of
agricultural products or ’scommodities’ discretion, the Jefferson conservation district staff or other farm
assistance agency staff may accompany DCDstaff.
(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
is needed to address the exceedance. Modifications may also be made if monitoring indicates that less
stringent standards are appropriate based on best available science. [Ord. 5-20 § 2 (Appx. A)]
18.22.850 Compliance.
(1) Critical area protection is required for existing and ongoing agriculture as well as new agriculture. All
agricultural activities shall be conducted so as not to cause harm or degrade the existing functions of critical areas
and 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
Appendix B - 73
agricultural checklist and supporting documentation will be required consistent with JCCJCC 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 in a Type 1 or Type 2 review per JCCJCC 18.22.820 properly and
fully.
(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 JCCJCC 18.22.820 to protect
the values and functions of critical areas at the benchmark condition described in JCCJCC 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 from Type 1 to Type 2, Type 2 to Type 3.
(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 his/herthe 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 farmingagricultural activities
will be brought into compliance with critical area protection requirements. The agricultural checklist shall be
submitted to department of community developmentDCD 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 proponentapplicant shall allow the county or farm agency with expertise reasonable
access to the parcel to determine that the scheduled conservation practices are installed, and critical areas functions
are not being degraded. If compliance cannot be achieved, other enforcement action based on JCC Ttitle 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
Appendix B - 74
are not the responsibility of the owner or producer of agricultural products or commoditiesoperator. [Ord. 5-20 § 2
(Appx. A)]
18.22.860 Limited public disclosure.
(1) Producers of agricultural products or commodities that have a farm plan developed by state or federala 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 JCCJCC 18.22.820. The summary information shall be provided by the
producer of agricultural products or commodities or his/herapproved 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 farms have approved Type 1 or
Type 2 agricultural land has approved conservation practices per JCCJCC 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. [Ord. 5-20 § 2 (Appx. A)]
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 proposaldevelopment, land disturbing activity or use is consistent with the
purposes and specific standards of this chapter;
(b) Describe all relevant aspects of the development proposedal and critical areas adversely affected by the
proposal development and assess impacts on the critical area from activities and uses proposed;
(c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible
alternative exists; and
(d) Consider the cumulative impacts of the proposed action that includes past, present, and reasonably
foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those
to wildlife, habitat, and migration corridors; water quality and quantity; and other geologic or watershed
processes that relate to critical area condition, process, or service. [Ord. 5-20 § 2 (Appx. A)]
18.22.905 General requirements.
(1) When Sspecial Rreports Aare Rrequired. The administrator mayshall require a special report or reports if any
portion of a proposed 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.
(23) Standard Rrequirements. 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;
Appendix B - 75
(b) ProvideExisting site conditions and property boundaries preferably on 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 constructionwith structures, features and geographic location described and graphically depicted;
(c) Describe existing conditions and Aall critical areas and their buffers occurring on the propertyject site;
(d) Assess potential impacts to all critical areas and their associated buffers function and values 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.
(34) Special reports shall be valid for five years from the date the report was prepared and report validity may be
extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since
the special report was written. The administrator shall have the authority to require a revised special report, as
needed, to satisfy all the provisions of this chapter. [Ord. 5-20 § 2 (Appx. A)]
(5) The administrator may require a special report to be recorded at the auditor’s office.
18.22.910 Waivers.
The administrator may waive the requirement for a special report in limited circumstances when an applicant
demonstrates all of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives
of this code; and
(2) The minimum protection standards required by this chapter are satisfied. [Ord. 5-20 § 2 (Appx. A)]
18.22.915 Retaining consultants.
Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise.
The applicant shall pay for the costs of retaining said consultants. [Ord. 5-20 § 2 (Appx. A)]
18.22.920 Acceptance of special reports.
(1) The administrator shall verify the accuracy and sufficiency of all special reports.
(2) If the administrator finds that a special report does not accurately reflect site conditions, or does not incorporate
appropriate protections mechanisms, the administrator shall cite evidence that demonstrates where the special report
is insufficient or in error. The applicant may then revise and resubmit the special report. [Ord. 5-20 § 2 (Appx. A)]
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 Ccritical Aaquifer Rrecharge Aarea Rreport or Hhydrogeologic Eevaluation. A critical aquifer
recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge
area report shall include:
(a) A detailed description of how the project, including all processes and other activities, has the potential to
impact groundwater recharge or for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
Appendix B - 76
(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and existing
groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site; and
(vi) An evaluation of existing groundwater recharge; and
(vii) A discussion and evaluation of the potential impact of the proposal on groundwater recharge.
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill
or release of project-specific contaminants or on-site sewage discharge, or both if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment equipment,
employee spill response training, and emergency service coordination measures;
(e) Best management practices to minimize exposure of permeable surfaces to potential pollutants and to
prevent degradation of groundwater quality;
(f) Pollution prevention measures to be implemented, including but not limited to, secondary containment for
chemical storage areas, spill prevention measures, and contingency plans for emergencies;
(fg) Demonstrate compliance with applicable protection standards in JCCJCC 18.22.330; and
(gh) Requirements for a monitoring program with financial guarantees/assurances that the monitoring program
will be implementedIf 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 Rreview. 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 Mmitigation Iidentified in the Ccritical Aaquifer Rrecharge Aarea Rreport or Hhydrogeologic
Eevaluation. 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. [Ord. 5-20 § 2 (Appx. A)]
18.22.940 Frequently flooded area reports.
(1) Habitat Aassessment Rrequired. A habitat assessment mayshall be requiredsubmitted 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 Hhabitat Aassessment.
(a) In addition to the general requirements found at JCCJCC 18.22.905, frequently flooded area reports shall be
based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat
Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA).
(b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and the flood damage
prevention ordinance, as codified in Chapter 15.15 JCC. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 77
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.
(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;
Appendix B - 78
(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.
Standards for All Geological Assessments.
(a) Must be Based on Site Conditions. Recommendations for earthwork, clearing or siting structures in
geologically hazardous areas shall be based on existing site conditions rather than measures that have not yet
been successfully approved, designed, or constructed (e.g., slope recontouring, slope retaining walls, vegetation
improvements, bulkheads, etc.).
(b) Limits on Shoreline Bulkheads and Retaining Walls. Shoreline bulkheads and retaining walls may only be
utilized as an engineering solution where it can be demonstrated that:
(i) An existing residential structure or other permitted existing public or private structures or public facilities
such as roads or highways cannot be safely maintained without such measures;
(ii) Other nonstructural methods of beach stabilization have been considered and determined infeasible; and
(iii) The resulting stabilization structure is the minimum necessary to provide stability for the existing structure
and appurtenances.
(c) Minor Repair Activities on Existing Permitted Structures. Minor repair activities on existing permitted
structures (i.e., those that do not involve design modifications, changes in structure location, or demolition or
abandonment of failed structure and replacement with new structure) are not subject to the project submittal
standards in subsections (2) and (3) of this section.
(2) Project Submittal Standards for Geological Reports. A geological report is required for site development
proposals that involve development activity or the installation of structures within a geologically hazardous
area, or as otherwise required but do not involve or require engineering design recommendations. The
following minimum information is required:
(a) Site information regarding the critical areas designations that affect site features;
(b) Description of surface and subsurface conditions, including ground materials, vegetation, surface drainage,
groundwater, and a preliminary geologic hazard assessment which includes the locations of structures and the
identification of the slope and/or coastal processes occurring at the site and factors that contribute to them;
(c) Review of available site information, literature, and mapping;
Appendix B - 79
(d) Detailed description of slope and other topographic features;
(e) Conceptual siting of structures and general recommendations, which include methods and practices that
avoid and/or reduce slope and shore impacts. Minimum recommendations should include upland and slope
drainage control, groundwater control, site vegetation management, and erosion control;
(f) A description of how the proposal complies with the clearing, grading, excavation, and stormwater
requirements in JCC 18.30.060 and 18.30.070, and the current version of the Stormwater Management Manual
for Western Washington;
(g) A description of potential effects of the proposal on stormwater quantity, quality, and runoff patterns post-
construction;
(h) A clear statement whether or not the proposal will affect or alter water movement to the geologically
hazardous area and its critical areas buffer if the proposal is implemented; and
(i) Identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction.
(3) Project Submittal Standards for Geotechnical Reports. A geotechnical report is required when the
department or a geological report determines that a proposal requires additional site information such as
engineering design recommendations, slope stability analysis, subsurface exploration and testing, coastal
process analyses, or construction recommendations. Depending on the level of activity proposed, the
geotechnical report will either be a more limited geotechnical slope evaluation report or a full geotechnical
design investigation report as described below.
(a) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required when slope
stability analyses are confined to addressing only existing surface and/or drainage conditions, including the
relationship of natural and constructed slope features to proposed changes in environmental conditions such as
drainage, vegetation removal and slope geometry. The following minimum information is required:
(i) All the information required under subsection (2) of this section (Project Submittal Standards for Geological
Reports);
(ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineer;
(iii) Estimated (or surveyed) site plan with ground surface profiles and typical cross-sections;
(iv) Relative location of ordinary high water (OHW) on the surface profile and cross-sections, where
applicable;
(v) Soil strength parameters;
(vi) Stability analysis of existing site;
(vii) Analysis of the relationship of vegetation and slope stability; and
(viii) Conceptual site development plans and cross-sections.
(b) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site
development activities that propose design and construction measures at the slope crest, face and/or toe. If a
designed structure does not impact slope stability or coastal processes, the report will not be required to
perform all items listed under this section, as long as each item is addressed and the report details why a
particular item does not apply. The report shall include all items considered necessary by the engineer to fully
address the engineering design requirements of the site. The following minimum information is required:
(i) All the information required under subsection (1)(a) of this section (Geotechnical Slope Evaluation Report);
(ii) Geotechnical requirements and measures to reduce risks;
Appendix B - 80
(iii) Geotechnical criteria used for any designs including all critical dimensions, lateral earth pressures, soil
bearing pressures, location, and limits of structures on or near the slope, maximum constructed slope angles,
minimum soil reinforcement embedment, soil compaction requirements, and structure heights;
(iv) Temporary construction slope stability recommendations and analysis of proposed final site stability
measures;
(v) Required construction specifications and construction monitoring procedures;
(vi) Revegetation and surface and groundwater management requirements;
(vii) Evaluation of erosion potential, recommendations for erosion avoidance and any proposed mitigation
measures;
(viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design and construction,
and when required for clarification, detailed examples of tests conducted for the project; and
(ix) Information outlined in the geotechnical design investigation report site evaluation checklist required in
subsection (3)(d) of this section.
(c) Additional Requirements for Projects in Landslide-Prone Geologically Hazardous Areas. When a project is
located within a landslide-prone geologically hazardous area, the following additional project submittal
requirements shall apply:
(i) Erosion Control Information. An evaluation of the erosion potential on the site during and after construction
is required. The evaluation shall include recommendations for mitigation, including retention of vegetative
buffers and a revegetation program. The geotechnical engineer shall provide a statement identifying buffer
areas at the top or toe of a slope based on geotechnical site constraints and the impacts of proposed construction
methods on the erosion potential of the slope.
(ii) Seismic Information. The geotechnical engineer shall submit a statement that the design criteria consider
the one-in-100-year seismic event (an earthquake ground motion that has a 40 percent probability of
exceedance in 50 years). Calculations of soil bearing capacity, general soil stability, and wall lateral earth
pressures shall be adjusted to reflect a one-in-100-year seismic event and the structural plans for the project
shall be reviewed by the geotechnical engineer for consistency with these design criteria:
Analysis for the one-in-100-year seismic event shall be based on a near-crustal event having an assumed
magnitude of 6.5 and occurring directly below the site. Based on regional studies performed by others, the
department will allow the use of the following minimum general values of horizontal peak ground accelerations
for this event:
a = 0.2g for fill, alluvial soils
a = 0.17g for till, firm glaciated soils
a = 0.15g for rock.
The appropriateness of the above accelerations shall be confirmed by the geotechnical engineer based on the
actual site characteristics. Reduction in the above values may be considered when supported by the appropriate
analytical evidence. Slope stability, lateral pressures, and liquefaction of the site shall be assessed by using
subsurface soil, rock, and groundwater conditions, as well as the seismic parameters discussed above.
(iii) Recommendations on Relative Site Stability. The geotechnical engineer shall make recommendations as to
which portions of the site are the least prone to instability and the preferred location of the structure. The limits
of any area proposed for grading activity shall be identified.
(iv) Construction Season Limitation. In general, no excavation will be permitted in landslide-prone geologically
hazardous areas during the typically wet winter months. When excavation is proposed, including the
Appendix B - 81
maintenance of open temporary slopes, between October 1st and April 30th, technical analysis shall be
provided to ensure that no environmental harm, threat to adjacent properties, or safety issues would result. In
addition, recommendations for temporary erosion control and shoring/mitigating measures shall be provided.
The technical analysis shall consist of plans showing mitigation techniques and a technical memorandum from
the geotechnical engineer.
(v) Revisions to Geotechnical Report. Further recommendations shall be provided by the geotechnical engineer
should there be additions or exceptions to the original recommendations based on the plans, site conditions, or
other supporting data. If the geotechnical engineer who revises the plans and specifications is not the same
engineer who prepared the geotechnical report, the new engineer shall, in a letter to the department, express his
or her agreement or disagreement with the recommendations in the geotechnical report and state whether the
plans and specifications conform to his or her recommendations.
(vi) Plan and Specification Review. The geotechnical engineer shall submit a statement that, in his or her
judgment, the plans and specifications (if prepared by others) conform to the recommendations in the
geotechnical report and that all portions of the site which are disturbed or impacted by the proposed
development have appropriate measures or specifications that permit construction to occur while addressing
slope stability so that the work does not create additional risk. The statement shall also indicate whether or not
a relative gain in slope stability will be achieved after construction is complete.
(vii) Construction Inspection. A final inspection report shall be provided by the geotechnical engineer stating
that construction has or has not implemented the design recommendations of the geotechnical report and
evaluating any deviation from the design recommendations.
(d) Geotechnical Design Investigation Report – Site Evaluation Checklist. The following are report guidelines
for geotechnical design investigation reports:
(i) Project information:
(A) Site owner name;
(B) Project proponent name;
(C) Ordinary high water mark (OHWM) where applicable; and
(D) Critical areas designations affecting site features.
(ii) Project description, including:
(A) Description of proposed structures, site improvements, and adverse impact avoidance and reduction
methods; and
(B) Location and total area of the construction zone.
The site evaluation checklist information shall be included as part of the geotechnical design investigation
report. All items listed above must be addressed in the report. However, the above guidelines are not intended
to be all-inclusive. It is the responsibility of the geotechnical engineer to address all factors which in their
geotechnical design investigation report is relevant to the project. For any items in the site evaluation checklist
that are not relevant to a project, information shall be provided to demonstrate why the site evaluation checklist
items are not relevant to a project.
(4) Results of Department’s Review. The department shall review the geological assessment and either:
(a) Accept the geological assessment and approve the application; or
(b) Reject the geological assessment and require revisions or additional information. [Ord. 5-20 § 2 (Appx. A)]
Appendix B - 82
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 fish and wildlife habitat conservation area (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 JCCJCC 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 JCCJCC 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 buffers, as described in this chapter; provided, no critical areas buffer reduction is proposed. 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 A description of existing site conditionsall FWHCAs and buffers on the property;
(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;
(be) 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
(fc) Photographs of the site, and theevery FWHCAs and its associated buffer.
(3) Habitat Management Plan. A habitat management plan shall be prepared and submitted if any portion of the
proposeddevelopment, 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 areas or its associated buffer
reduction is proposed. A habitat management plan shall address the following:
(a) Detailed description of all proposed project components relative to on-siteevery FWHCAs, other on-site
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;
(de) Detailed description of the field investigation results, including habitat types present on the property,
habitat conditions with a FWHCAs, 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;
(ef) 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;
(fg) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCCJCC
18.30.060 and JCC 18.30.070, and the current Stormwater Management Manual for Western Washington,
describe any potential effects of the proposeddevelopment, land disturbing activity or use on stormwater
quantity, quality, and runoff patterns post-construction. The report must clearly indicate ifshall state whether
the proposal will affect or alter water movement to the FWHCA and its associated buffer if the
Appendix B - 83
proposaldevelopment, land disturbing activity or use is implemented and identify measures to avoid or
minimize alteration of stormwater runoff patterns post-construction;
(gh) Identify all potential impacts of the proposeddevelopment, land use activity or use on every FWHCAs and
its associated buffer. The habitat management report shall include:
(i) Mitigation Ssequencing. Describe measures to avoid and minimize impacts to every FWHCAs. 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)(hi) of this section.
(ii) Types of Iimpacts. All potential impacts to every FWHCAs and theirits 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 Aarea. The area (square footage) of potential impact shall be quantified for eachevery
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.
(hi) 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.
(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.
Appendix B - 84
(viix) Photographs of the site and the FWHCAs.
(4) Habitat management plans prepared for any unavoidable development activity within a FWHCA or the inner 75
percent of a standard buffer shall accompany either a financially bonded critical area stewardship plan or critical
areas variance application or reasonable economic use exception in JCC 18.22.250 or 18.22.260.
(5) In-Llieu Ffee (ILF) Pprogram. A mitigation plan shall not be required if an actively managedapproved ILF
prograprogram, as specified in JCC 18.22.660(3),m is used to mitigate project impacts.; provided, that the
administrator has approved the use of ILF to achieve compensatory FWHCA mitigation. [Ord. 5-20 § 2 (Appx. A)]
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 species and habitats of local importance that are not covered by the federal
and state sensitive, threatened, or endangered species regulations. Accordingly, this section details the requirements
for designating, and monitoring, and removing species and habitats of local importance that are not covered by the
State Priority Species and Habitats List., as well as removing such species and habitats from designation if
necessary.
(2) Definition. The use of the term “habitat” in this section means a place or type of site where a plant or animal
naturally or normally lives and grows, and includes areas used by a species during any life stage at any time of the
year.
(32) Procedure for Ddesignation – Generally. An application/nomination to designate a habitat of local importance
as a critical area shall be processed according to the procedures for Type V land use decisions established in Cunder
chapter 18.40 JCC.
(43) Nominations/Applications. Any person, organization, or Jefferson County agency may nominate and apply for
designation of a species or habitat of local importance. A nominating person or organization must be a resident of,
Any person residing or headquartered in, Jefferson County or any county department may apply for designation of a
species or habit of local importance.
(54) Nomination/Application SubmittalRequirements 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 All nominations/applications for designation of a species/habitat of local significance 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 a nominatedan applied for species or the nominatedapplied for habitat itself if not
associated with an applied for nominated species; a map of an appropriate scale to properly describe the
location and extent of the habitat will accompany the nomination, as well as geo-referencing information
sufficient to allow mapping of the habitat site in the county GIS mapping system;
(iii) Identification of the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries,
etc.).
(iv) For a proposed wildlife corridor, the features that are required for the corridor to remain viable to
support and protect the applied for species.
(v) A map of an appropriate scale to properly describe the location and extent of the habitat;
Appendix B - 85
(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 applicationnomination;.
(c) (iv) The application shall include Aa management plan strategy for protection of the species or habitat that
includes all of the following;:
(vi) Indications as to wWhether the proposed management planstrategy has been peer reviewed, and if so,
how this was done and by whom;
(vii) Where restoration of habitat is proposed, a specific plan, including hHow the restoration will be
funded, must be provided as part of the nomination;
(viii) Recommendations for allowed, exempt, and regulated development, land disturbing activities or uses
within the area;
(iviii) Recommended buffer and setback requirements and their justification;
(ixv) Any Sseasonal requirements;
(vix) A monitoring plan must bethat 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 plan shall include the criteriarequirements and time period required to evaluate the success of
the plan;
(BC) A contingency plan for failure; and
(CD) A list of all parcels not included in the nomination but affected by the monitoring process;
(xivii) The nomination must also include aAn economic impact, cost, and benefits analysis; and
(viii). The nomination must also include a An analysis of alternative solutions to formal designation of the
species or habitat of local importance as a regulated critical area under this chapter.
(cd) 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.
(65) Review and Aapproval Ccriteria.
(a) Species nominatedThe application for designationg a species of local importance under this section
mustshall satisfy all of the following criteriarequirements:
(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 species;
(iv) The application shall nomination includes an analysis of the proposal using best available science; and
(v) The application nomination 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
Appendix B - 86
is a likelihood that the species will not maintain and reproduce over the long term, or that a unique habitat
will be lost.
(b) Applications for Hhabitats of nominated for designation under this section mustshall satisfy all of the
following criteria:
(i) Where the application for a habitat is nominated tofor protection of a species, the use of the habitat by
that species mustshall 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 Aareas nominated to protect a particular habitat shall must 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 nomination specifies the specific habitat features to be protected (e.g., nest sites,
breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nominationapplication shall
specify those features that are required for the corridor to remain viable to support and protect the
nominatedapplied for species.
(76) Review and Aapproval Pprocess.
(a) The department of community developmentDCD shall determine whether the application submittal is
complete. If deemed complete, the departmentDCD shall evaluate the proposal for compliance with the
approval criteria in this section and make a recommendation to the planning commission based on those
criteria. The departmentDCD shall also notify all parcel owners affected of the terms and contents of the
proposal.
(b) Upon receipt of a staff report and recommendation from the departmentDCD, 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 Jefferson County 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 the departmentDCD, 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.
(87) Removal from Ddesignation. Species or habitats of local significance may be removed at any time; provided,
they no longer meet the criteria in subsection (65) of this section (e.g., as a result of a natural catastrophe or climatic
change event); and provided further, that theall procedural requirements of this section and the procedural
requirements established for Type V land use decisions within Cchapter 18.40 JCC are met. [Ord. 5-20 § 2 (Appx.
A)]
18.22.960 Wetland reports.
(1) General. When required by Article VII of this chapter, a site visit conducted by a wetland specialist or qualified
wetland professional is required 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
Appendix B - 87
delineation reports shall be prepared based on requirements in Article VII (Wetlands) of this chapter, the general
report requirements of JCCJCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
If a proposed activity is unavoidable and occurs within a wetland or the inner 75 percent of a wetland buffer the
wetland reports shall accompany either a financially bonded critical area stewardship plan or critical area variance
application in JCC 18.22.250 or reasonable economic use exception in JCC 18.22.260.
(2) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and submitted only if all the
project components of the development, land disturbing activity or use are at least 300 feet from areas of temporary
impact and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance letter shall
document that proposed projectsdevelopment, 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
proposeddevelopment, 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
proposeddevelopment, 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.
(df) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCCJCC
18.30.060 and JCC 18.30.070, and the 2014most current version of the Stormwater Management Manual for
Western Washington (or as amended), describe any potential effects of the proposeddevelopment, land
disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report
mustshall clearly indicate if the proposalstate whether the development, land disturbing activity or use will
affect or alter water movement to the wetland if the proposal development, land disturbing activity or use is
implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-
construction.
(e) Describe how the proposal complies with all the requirements of Article VII (Wetlands) of this chapter.
(f) Wetland rating form for each wetland identified shall be included in the wetland report.
Appendix B - 88
(g) Figure showing mitigation areas on the property. Square footage of each mitigation area shall be shown on
the figure. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease
on the figure.(g) All potential impacts shall be identified. The impact assessment shall include:
(i) Mitigation sequencing. Describe measures to avoid impacts to wetlands and buffers. For any
unavoidable impacts, describe measures to minimize impacts.
(ii) Types of impacts. All potential impact to wetlands and buffers shall be identified and described in the
report. Impact assessments shall consider direct impacts, indirect impacts, permanent impacts, temporary
(long-term and short-term) impacts, and cumulative impacts.
(iii) Impact area. The area (square footage) of potential impacts shall be quantified for each wetland and
buffer. The impact area shall include the wetland and buffer areas that occur within the limits of clearing,
as shown on the site plan.
(iv) Functional impact. The impact assessment shall describe how wetland and buffer functions and natural
processes will be affected by the proposed development or use.
(v) Figures. The impacts described above shall be shown a figure.
(vi) Photos. Photos of areas to be impacted shall be included in a report.
(h) Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation plans shall
include:
(i) Description of the mitigation area and suitability of the area to compensate for impacts to area and
functions.
(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.
Appendix B - 89
(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.
(ih) 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. [Ord. 5-20 § 2 (Appx. A)]
18.22.965 Critical area stewardship plans.
(1) General. Property Owner Election. Property owners may elect to develop site-specific critical area stewardship
plans (CASPs) as an alternative to the prescriptive requirements of Article VI (Fish and Wildlife Habitat
Conservation Areas (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
for critical area buffer reductions greater than 25 percent; provided, the project does not require a reasonable
economic use varianceexception pursuant to JCC 18.22.260.
(3) Review of CASPs reports and Aapproval 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 Llimitations. The following provisions define the applicability and limitations of the CASPs
may be used in any land use district, provided all of the following requirements are met:
(a) CASPs may be used in any zoning designation if the provisions of this article can be met. CASPs may shall
not be used where rural transitional zoning applies pursuant to chapter 18.19 JCC in the urban growth area if a
buffer reduction implemented while using transitional zoning (i.e., rural zoning designation prior to connection
with a sewer system) has the potential to preclude future urban growth area density requirements in chapter
18.18 JCC.; The overall goal of the CASP is to maintain existing functions and values of the watershed and
subbasin, while addressing the needs and desires of the property owner.
(b) CASPs can be applied toon properties one-quarter acre or larger;.
(c) CASPs are only allow for development, land disturbing activities or uses proposed in FWHCAsare only
applicable to fish and wildlife habitat conservation areas and their associated buffers (Article VI of this chapter)
or wetlands and their associated buffers (Article VII of this chapter).;
(d) CASPs mustshall 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
processedCASPs will be administered as a Type I land use decision under permit, per Cchapter 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 is valid for the same timeframe asshall be limited to the same period as the underlying
permit (e.g., building permit, septic permit, shoreline permit). However, Iif the underlying permit does not have
a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be
Appendix B - 90
limited tovalid for three five years from the date the CASP permit is issued. A CASP permit shall not be
considered valid beyond five years from the date the CASP permit is issued. If the underlying permit remains
valid beyond five years, the CASP permit shall be considered null and void. Once the permit has expired, it
shall not be renewed.
(bc) 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 at 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. with the department. The
administrator shall provide the necessary paperwork to the applicants. Assuming the administrator does not
need to designate staff (or contract with other qualified professionals) to ensure that maintenance and
monitoring are completed as required by this section, the performance bond is to be refunded to the applicant at
the end of the specified monitoring period or when all performance standards are met, whichever is greater. The
CASP permit is a conditional approval and
(d) nNo 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.
(7) As-Bbuilt Pplan Rrequirement. 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 vegetation plantedwork 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.
(78) Contingency Pplan Rrequirement. 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
landowner’s control (e.g., damage associated with wildlife). For instance, if one of the planted species of vegetation
Appendix B - 91
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).
(89) Failure to Ssubmit Rrequired Rreports. Failure to submit a report required under this article shall constitute a
failure to comply with the terms of the permit.
(910) Performance Bbond. 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 JCC Ttitle 19 JCC (Code Compliance).
(10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in the
administrator’s opinion, critical area functions and values will not be adversely affected by a proposed development,
land disturbing activity or use.
(11) Recording of Aapproved CASP Rrequired. An approved CASP must be recorded on the property deed
(recorded with the Jefferson County auditor) and must remain in effect unless replaced by a new or updated CASP
approved by the county. [Ord. 5-20 § 2 (Appx. A)]
1 Code reviser’s note: Ord. 9-20 amended Section 18.22.350 as it existed before the repeal and replace of Chapter 18.22 by Ord.
5-20. The provisions addressed by the former 18.22.350 are now found in 18.22.740. The change indicated by Ord. 9-20 was a
cross-reference change. That change has been made but otherwise this section reads as laid out in Ord. 5-20.
Appendix C - 1
APPENDIX C
Chapter 17.05 JCC
17.05.050 Additional requirements.
The following ordinances and requirements may qualify or supplement the regulations presented in this division.
Where the regulations of this division, those set forth below, or any other local, state, or federal regulations overlap,
the most restrictive and/or protective standards shall apply.
(1) Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areasChapter 18.22 JCC (Critical Areas)
(2) JCC 18.30.070, Stormwater management standards;
(3) Chapter 18.35 JCC, Land Divisions, as amended by this division;
(4) Chapter 246-272 WAC, On-Site Sewage Systems;
(5) Chapter 18.25 JCC, Shoreline Management Master Program;
(6) Ordinance No. 01-0121-97, Forest Lands Ordinance, as amended by this division (see JCC 17.10.060) to limit
agreements pursuant to section 7.20(1) of the Forest Lands Ordinance so that when a new structure is proposed on
land adjacent to land designated as commercial forest land, in no case shall an agreement be made which allows the
setback to be reduced to less than 150 feet and, further, a minimum average setback of 200 feet shall be maintained,
exclusive of critical areas and their associated setbacks;
(7) All local and state monitoring, operational, and management requirements for sewer, water, and stormwater
utilities, updated as may be required by the local or state agency with jurisdiction;
(8) Land use procedures of JCC Title 18, Unified Development Code.
Appendix D - 1
APPENDIX D
Chapter 18.10
18.10.020 B definitions.
“Buffer” means an area that is intended to protect the functions and values of a critical areas or a shoreline.
Protecting these functions and values may includes the preservation of existing native and nonnative vegetation
where it exists, unless otherwise required to be replaced with native vegetation through mitigation or voluntarily
enhanced or restored.
“Buffer zone, strip, or area” means an area designed to separate incompatible uses or activities.
18.10.060 F definitions.
“Fish habitat” has the same meaning as in WAC 222-16-010.
18.10.160 P definitions.
“Practicable alternative” means an alternative that is available and capable of being carried out after taking into
consideration cost, existing technology, and logistics in light of overall project purposes, and having less impact to
critical areas. It may include an area not owned by the applicant which could reasonably have been or be obtained,
utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.
18.10.170 Q definitions.
“Qualified professional or individual” means an agency or individual based on schooling,
certifications, or experience has demonstrated to the administrator’s satisfaction that they are qualified to perform
simple activities including but not limited to restoration or enhancement plans.
18.10.180 R definitions.
“Reasonable alternative” means an activity that could feasibly attain or approximate a proposal’s objectives, but at a
lower environmental cost or decreased level of environmental degradation. Reasonable alternatives may be those
over which the regulatory authority has authority to control impacts.
18.10.190 S definitions.
“Shoreline buffer” means any buffer required by chapter 18.25 JCC.
“Standard buffer” means a buffer that has a standard width required by chapter 18.22 JCC or chapter 18.25 JCC.
18.10.210 U definitions.
“Utilities, public” means facilities serving the public through a network of wires or pipes, and ancillary structures
thereto, including systems for the delivery of natural gas, electricity, and telecommunications services.
“Utilities, private” means utilities including but not limited to gas, electric, water, sewer, stormwater and
telecommunication service lines that are not public utilities is owned and maintained by a property owner or a
private company, These utilities often extend beyond service meters or public lines, including lines to specific
buildings, facilities, or private infrastructure.
“Utility distribution lines” means pipes, wires, and associated structural supports serving more than one parcel.
18.10.230 W definitions.
“Wetland buffer” means the area immediately adjoining and contiguous with a wetland.
“WASHD” means the Washington State Department of Ecology’s Washington State
Hydrography Dataset Program (WASHD).
Appendix E - 1
APPENDIX E
Chapter 18.30 JCC
18.30.080 Roads.
(1) General. The following shall apply to all public and private roads, including any road in a development subject to
Chapter 18.35 JCC, Land Divisions:
(a) Transportation facilities shall be designed and constructed in conformance with the following reference manuals
and standards of the Jefferson County department of public works which are hereby adopted by reference in this
code, including:
(i) American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design
of Highways and Streets, Standard Specifications for Highway Bridges, and Roadside Design Guide;
(ii) Washington State Department of Transportation (WSDOT) Local Agency Guidelines, Highway Design Manual,
Bridge Manual, Construction Manual, Highway Runoff Manual, Hydraulics Manual, Plans Preparation Manual,
Standard Specifications for Road, Bridge, and Municipal Construction, and Standard Plans for Road, Bridge, and
Municipal Construction;
(iii) Washington Department of Ecology Stormwater Management Manual;
(iv) Federal Highway Administration Manual on Uniform Traffic Control Devices;
(v) Institute of Transportation Engineers (ITE) Trip Generation Manual; and
(vi) Transportation Research Board (TRB) Highway Capacity Manual, Special Report No. 209.
(b) Bridges shall be designed and constructed in conformance with the standards of the department of public works
identified by reference in this code. Bridge design and construction shall be certified by a licensed engineer.
(c) Road signs and traffic signs shall be installed in conformance with the standards of the department of public
works identified by reference in this title.
(d) Drainage, erosion control, and stormwater management facilities shall comply with the requirements of the storm
drainage standards contained in JCC 18.30.070 and the Washington Department of Ecology Stormwater
Management Manual, and any other applicable Jefferson County standards.
(e) The applicant shall submit plans for construction of roads, bridges, stormwater management facilities, and/or
land disturbing activities regulated by this code to the department of public works for review and approval prior to
commencing construction.
(f) Clearing, grading, and construction of roads, bridges, utilities, and stormwater management facilities shall be
inspected by the department of public works. In order to enable the department to conduct inspections in a timely
manner, the applicant shall notify the department in a timely manner regarding the project construction schedule.
The following road inspections are typically required:
(i) Installation of temporary erosion and sediment control measures;
(ii) Clearing and road subgrade preparation;
(iii) Placing roadway gravel base;
Appendix E - 2
(iv) Placing roadway crushed surfacing top course;
(v) Placing improved roadway surface (chip seal or asphalt concrete);
(vi) Construction of stormwater management facilities; and
(vii) Final plat review.
Additional inspections may be necessary based on site-specific conditions or the nature of the project.
(g) The department of public works may require development applicants to submit a traffic analysis prepared by a
licensed engineer in order to determine the potential off-site impacts to public and private transportation facilities
from proposed subdivisions.
(h) Subdivision road systems shall provide access to the public road system at two locations, when feasible. One
access location may be allowed based on a finding by the department of public works that a single access location is
adequate to protect the public health, safety, and welfare.
(i) Access to subdivisions from arterial and collector roads shall be restricted. Lots shall be accessed from an internal
access road system, unless the lots are accessed from a local access road.
(j) Developments shall make appropriate provision to ensure safe walking conditions for pedestrians and for students
who walk to and from school. Construction of road improvements, sidewalks, trails, or bicycle facilities may be
required in order to meet this standard.
(k) Subdivisions shall make appropriate provision for transit and school bus stops.
(l) When a proposed subdivision is adjacent to a county road, a right-of-way 30 feet in width from the roadway
centerline shall be conveyed to Jefferson County by either statutory warranty deed or dedication in fee simple on the
plat, if such right-of-way has not been previously conveyed.
(m) Easements for private roads providing access to and/or internal circulation within subdivisions shall be 60 feet
in width. Easement width may be reduced on the recommendation of the department of public works based on a
finding that the public health, safety, and welfare will be protected and that the easement width is adequate for the
construction and maintenance of roads and utilities. Where reduced access easement widths are proposed, parallel
utilities easements may be required.
(n) Access easements from the county road system to the subdivision shall be provided consistent with the
requirements of this code. Access from the public road system shall be depicted on the final plat.
(o) Subdivision road names shall be approved by the board of county commissioners based on a recommendation by
the department of public works and in compliance with Cchapter 12.20 JCC, 911 Emergency Locator System.
(p) Subdivisions shall establish an agreement for the continuing maintenance of private roads either by recording a
separate instrument and referencing said instrument on the plat or by declaring a maintenance agreement on the plat.
The applicant shall submit the maintenance agreement to the department of public works for review and approval
prior to final plat approval.
(q) All required construction of roads, bridges, utilities, and stormwater management facilities shall be inspected and
approved by the department of public works prior to final development approval.
(r) Developments proposing access to county collector roads and state highways shall make appropriate access
improvements to ensure that mobility on these roadways is not degraded. The design of access improvements shall
be reviewed and approved by the Jefferson County engineer for county roads and by the Washington Department of
Transportation for state routes.
(s) Subdivision applicants may post a surety guaranteeing completion of subdivision improvements within one year
Appendix E - 3
of final plat approval. The surety shall be reviewed and approved by the department of public works. The surety
shall be for 200 percent of the cost of constructing the improvements based on an estimate prepared by a licensed
engineer. In the event that the applicant does not complete construction of improvements within one year, the
department of public works shall be authorized to complete the construction and pay for the work from the surety
account. Surety shall not be accepted for water supply development other than distribution facilities.
(t) A maintenance bond guaranteeing any improvements required by this code for two years may be required by
Jefferson County as a condition of final plat approval. Maintenance bonds shall be approved by the department of
public works.
(u) Applications requiring review by the department of public works to meet the requirements of this section shall be
assessed hourly review fees in accordance with the Jefferson County fee schedule. By making application, the
applicant agrees to reimburse the department for its expenses even if the proposal is denied by subsequent action of
the county or the proposal is otherwise not completed.
(v) Modifications to design and construction standards for a specific road project may be approved by the county
engineer.
(2) Public Roads.
(a) General.
(i) The Jefferson County engineer is responsible for the design and construction of all county roads.
(ii) The standard right-of-way width is 60 feet for all public roads.
(iii) Roadway monumentation shall be approved by the department of public works.
(iv) Road access permits are required for access to county roads. Applications will be reviewed by the administrator
for the requirements of the environmentally sensitive areas overlay district (see Article VI-D of
Chapter 18.15 JCC)chapter 18.22 JCC (Critical Areas) and of the State Environmental Policy Act (Article X of
Chapter 18.40 JCC) prior to being approved by the county engineer. Such permits shall be limited as follows:
(A) The number of access points along roads shall be limited to one per parcel, except:
• For agricultural access;
• When the parcel topography makes a single access point impractical for the entire parcel;
• When access is being provided for commercial uses with 20 or more parking spaces; or
• When additional access points are required or approved by the county engineer.
(B) New access points to arterial roads shall not be allowed if reasonable access from any other road is available.
(C) Road access points shall have a clear and unobstructed sight distance in both directions adequate to ensure
public safety. Appropriate site distances shall be determined by the county engineer, based on speed limit, roadway
surface, and other pertinent factors.
(D) Storm drainage and culvert sizing shall be based upon engineering analysis and the standards of
JCC 18.30.060(2) and 18.30.070. Maximum length of surface drainage for roadside ditches before discharging onto
adjacent property or into natural drainageway shall be 1,000 feet.
(E) The permits shall be conditioned to address impacts to environmentally sensitive areas or as indicated by SEPA
analysis, if applicable.
(F) The county engineer shall have the authority to approve or deny all road access permits, which decision is final
Appendix E - 4
and not subject to administrative appeal.
(b) Road and Right-of-Way Dedication.
(i) Where any public road right-of-way abutting a property proposed for a development is subject to a conditional
use permit or to Chapter 18.35 JCC, Land Divisions, and has insufficient width to conform to the county’s adopted
road standards for the class of road involved, the county engineer may:
(A) Require the dedication of sufficient additional right-of-way to bring the abutting half of the right-of-way
(measured from the existing county road centerline) into conformance with the adopted standards; and
(B) Obtain additional easements to cut and fill on the subject property adjacent to the county road, and to provide for
drainage of surface and stormwater runoff by directing the runoff along or into natural drainageways on lots adjacent
to the county road. Such drainage should be designed and mitigated to avoid or minimize impacts to the
environment and to the affected properties.
(ii) The county may accept the dedication of new county roads and rights-of-way subject to the following standards:
(A) Only if all of the following criteria are met:
• The road right-of-way is at least 60 feet in width and is dedicated to Jefferson County in fee simple;
• The road meets all other county standards; and
• An evaluation by the county engineer deems the road to be of general public benefit.
(B) When roads are proposed to be dedicated to Jefferson County, the county engineer shall make a report to the
board of county commissioners regarding the practicality and necessity of accepting the dedication, the effect of the
dedication on traffic circulation, and any other matters deemed to be material by the county engineer.
(C) All road rights-of-way dedications shall be processed in accordance with final plat procedures contained in
Chapter 18.35 JCC, Land Divisions.
(c) Road Vacations. All applications to the board of county commissioners seeking vacation of a county road right-
of-way or any portion of one shall be subject to the requirements of Chapter 12.10 JCC, Road Vacations.
18.30.180 On-site sewage disposal best management practices in critical aquifer recharge areas.
All land uses identified in Article III of Cchapter 18.22 JCC and special aquifer recharge protection areas that are
also classified as susceptible aquifer recharge areas (as defined Cchapter 18.22 JCC) shall adhere to be designated
areas of special concern pursuant to WAC Title 246. Consistent with WAC Title 246, the Jefferson County board of
health determines the best management practices (BMPs) established in chapter 8.15 JCC to meet minimum on-site
sewage system design standards for sites that are within both a susceptible aquifer recharge area and a special
aquifer recharge protection area (as identified in Article III of Cchapter 18.22 JCC). The current BMPs, subject to
modification from the Jefferson County board of health, are:
(1) The contaminants of concern, bacteria and nitrogen, are not fully treated (removed) from wastewater in Type 1
and 2 soils (excessively coarse and coarse) with conventional gravity fed on-site sewage systems. To more
adequately protect the groundwater in these areas from contamination by these elements the standards in this section
have been developed utilizing a combination of treatment systems and land use density parameters.
(2) Where land use densities are such that adequate aquifer protection is not ensured, best management practices for
on-site sewage shall apply to new development, or expansion (as defined in WAC 246-272A-0010) of existing
development when an on-site sewage disposal system is installed.
(a) Tables 1 and 2 shall be used to determine the type of on-site sewage disposal system required and the
minimum lot size in different soil types where public water is available. Lot size requirements are taken from
the Washington State On-Site Sewage Code, Chapter 246-272A WAC, Table X. Soil textural classifications
Appendix E - 5
and minimum standards for methods of effluent distribution for soil types and depths are taken from Chapter
246-272A WAC, Tables V and VI, respectively.
(b) In critical aquifer recharge areas, no on-site sewage permit will be issued where public water systems are
not available on lots less than one acre, except as permitted in subsection (2)(c) of this section.
(c) When lots sizes do not meet the area requirements specified in Tables 1 and 2, and lot consolidation is
impracticable, an approved composting toilet and greywater treatment system may be permitted. Permits for
composting toilets shall include a condition requiring further treatment of toilet waste at the Port Townsend
composting facility or other approved site. On-site use or disposal of the toilet-generated compost shall not be
allowed.
(d) BMPs shall be updated as new technologies are reviewed and approved by Jefferson County public health
and/or Washington State Department of Health. Criteria for review of new or existing systems will include, but
not be limited to, adequate laboratory evidence provided by the system proprietor of a minimum of 50 percent
total nitrogen reduction prior to final disposal. Currently, acceptable BMPs include:
(i) Intermittent sand filter followed by a shallow pressure distribution system (also meets Treatment Level
B);
(ii) Recirculating gravel filter;
(iii) Composting and incinerating toilets – if these are used, greywater from the facility shall be treated by
the method normally required by the site and soil conditions required under Chapter 246-272A WAC. For
example: Type 1 soils require Treatment Level B under Chapter 246-272A WAC. Only composting or
incinerating toilets on the List of Registered On-Site Treatment and Distribution Products by the
Washington Department of Health may be permitted;
(iv) Treatment units listed in Washington State Department of Health Registered Products meeting
Treatment Level N.
(e) Systems that meet Treatment Levels A and B and N are listed and approved by the Washington State
Department of Health and are available in the List of Registered On-Site Treatment and Distribution Products.
Only those systems that meet Treatment Levels specified in Chapter 246-272A WAC and meet Treatment
Level N or are listed as nitrogen reduction BMPs (in subsection (2)(d) of this section) meet the standard for
critical aquifer recharge area requirements in Type 1 soils.
(f) Where a question/disagreement regarding the soil texture exists the following procedure shall be used:
(i) Sample will be taken in the presence of Jefferson County public health staff.
(ii) Chain of custody protocol shall be followed.
(iii) Lab reports shall be sent to Jefferson County environmental health division and the applicant, or
applicant’s representative, for review.
Table 1
On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Three Feet Vertical
Separation in Critical Aquifer Recharge Areas
1
Note: “NO3 BMP” refers to the nitrogen reduction best management practices listed in subsection (2)(d) of this
section or Treatment Level N in Chapter 246-272A WAC.
Appendix E - 6
Soil Type (as defined in Chapter 246-272A WAC)
Minimum
Lot Size2 1 2 3 4 5 6
>1.0 ac Treatment
Level A or B
Pressure
Distribution
Conventional
Gravity
Conventional
Gravity
Conventional
Gravity
Conventional
Gravity
22,000 sq. ft. Treatment
Level A or B
that is also
listed as NO3
BMP
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
0.5 ac
(21,780 sq.
ft.)
Treatment
Level A or B
that is also
listed as NO3
BMP
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
20,000 sq. ft. NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
18,000 sq. ft. NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
15,000 sq. ft. NO3 BMP Shallow
Pressure
Distribution
12,500 sq. ft. NO3 BMP
1As defined in Article III of Chapter 18.22 JCC.
2Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010.
Table 2
On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Two Feet But Less
Than Three Feet of Vertical Separation, for Development in Critical Aquifer Recharge Areas
3
Note: “NO3 BMP” refers to the nitrogen reduction best management practices listed in subsection (2)(d) of this
section or Treatment Level N in Chapter 246-272A WAC.
Soil Type (as defined in Chapter 246-272A WAC)
Minimum
Lot Size4 1 2 3 4 5 6
>1.0 ac Treatment
Level A or B
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
22,000 sq. ft. Treatment
Level A or B
that is also
listed as NO3
BMP
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
0.5 ac Treatment NO3 BMP Shallow Shallow Shallow
Appendix E - 7
Soil Type (as defined in Chapter 246-272A WAC)
Minimum
Lot Size4 1 2 3 4 5 6
(21,780 sq.
ft.)
Level A or B
that is also
listed as NO3
BMP
Pressure
Distribution
Pressure
Distribution
Pressure
Distribution
20,000
sq. ft.
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
18,000
sq. ft.
NO3 BMP Shallow
Pressure
Distribution
Shallow
Pressure
Distribution
15,000
sq. ft.
NO3 BMP Shallow
Pressure
Distribution
12,500
sq. ft.
NO3 BMP
3As defined in Article III of Chapter 18.22 JCC.
4Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010.
The Jefferson County board of health has the authority to modify these BMPs, provided there is compliance with
WAC Title 246. The above BMPs are in effect until modified by the Jefferson County board of health, consistent
with WAC Title 246. [Ord. 5-20 § 3 (Appx. A); Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1]
Appendix F - 1
APPENDIX F
Chapter 18.40 JCC
18.40.010 Purpose.
Articles I through VI of this chapter are a mechanism for implementing the provisions of Cchapter 36.70B RCW
(the Local Project Review Act) regarding compliance, conformity, and consistency of proposed projects with the
Jefferson County Comprehensive Plan and development regulations.
(1) Given the extensive investment that public agencies and a broad spectrum of the public have made and shall
continue to make in Jefferson County’s Comprehensive Plan and development regulations, it is essential that project
review start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the
Comprehensive Plan or regulations identify the type of land use, specify density and identify and provide for the
provision of public facilities needed to review the proposed development and site, these decisions, at a minimum,
provide the foundation for further project review unless there is a question of code interpretation. The project review
process, including the environmental review process under Cchapter 43.21C RCW and the consideration of
consistency, should start from this point and should not reanalyze these land use planning decisions in making a
permit decision, unless the county finds that the Comprehensive Plan and regulations do not fully foresee site-
specific issues and impacts identified through land use project application review.
(2) Comprehensive plans and development regulations adopted by the county under Cchapter 36.70A RCW (the
Growth Management Act), sub-area plans, and environmental policies, laws and rules adopted by the county, the
state, and the federal government address a wide range of environmental subjects and impacts. These provisions
typically require environmental studies and contain specific standards to address various impacts associated with a
proposed development (e.g., building size and location, drainage, transportation requirements, and protection of
environmentally sensitive areascritical areas). When the county applies these existing requirements to a proposed
project, some or all of a project’s potential environmental impacts may be avoided or otherwise mitigated. Through
the integrated project review process described in Articles I through V of this chapter, the administrator shall
determine whether existing requirements, including the applicable regulations or plans, adequately analyze and
address a project’s environmental impacts. Project review generally should not require additional studies and
mitigation under Cchapter 43.21C RCW where existing regulations adequately address a proposed project’s
probable significant adverse environmental impacts. Development regulations enable project review through the
application of established scientific standards, required studies and standard mitigation measures.
18.40.620 Scope.
This article shall apply to all applications for variances from the provisions of this code, except for reasonable
economic use variances and environmentally sensitive area buffer width reductions, which shall be governed by the
provisions of Article VI-D of Chapter 18.15 JCCchapter 18.22 JCC (Critical Areas).
18.40.750 Categorically exempt actions – Use of existing documents and analyses.
(1) Categorically Exempt Levels.
(a) Except with the adoption of flexible threshold limits as set forth in subsections (1)(b) through (e) of this section,
Jefferson County adopts and incorporates by reference the categorical exemption levels set forth in WAC 197-11-
800.
(b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or excavation activity in
Jefferson County shall be 500 cubic yards.
(c) Pursuant to WAC 197-11-800(1)(c)(ii), the maximum exempt level for the construction of a barn, loafing shed,
farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering
30,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the
property. This exemption shall not apply to feed lots.
Appendix F - 2
(d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction of an office, school,
commercial, recreational, service or storage building with 12,000 square feet of gross floor area, and with associated
parking facilities designed for up to 40 automobiles.
(e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40 automobiles shall be
exempt.
(2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this section do not require
review under this article or the preparation of an environmental impact statement, and may not be conditioned or
denied under SEPA, except as provided in WAC 197-11-305 and subsection (3) of this section.
(3) Use of Exemptions.
(a) The responsible official shall determine the applicability of a categorical exemption. The determination by the
responsible official that a proposal is exempt from SEPA is final. None of the procedural requirements of this article
(except as provided in WAC 197-11-305 and this subsection) apply to an exempt proposal.
(b) If a proposal includes exempt and non-exempt actions, the responsible official shall determine the lead agency
pursuant to WAC 197-11-050.
(c) If a proposal includes exempt and non-exempt actions, the county may authorize exempt actions prior to
compliance with procedural requirements of this article, except as provided in subsections (3)(d) through (3)(g) of
this section.
(d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not authorize the use of
exemptions for:
(i) Actions that are not exempt;
(ii) Any action that would have a probable significant adverse environmental impact;
(iii) A series of exempt actions that are physically or functionally related which together would result in a probable
significant adverse environmental impact for the overall project; or
(iv) Any action that would limit choice of alternatives.
(e) The county may withhold approval of an exempt action that would lead to modification of the physical
environment when such modification would serve no purpose if nonexempt action(s) were not approved (see
WAC 197-11-305(1)(b)(i)).
(f) The county may withhold approval of exempt actions that would lead to substantial financial expenditures by a
private applicant when the expenditures would serve no purpose if the non-exempt action(s) were not approved.
(g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall remain exempt under SEPA
even when located in one or more of the environmentally sensitive areas (ESAs) classified, designated and mapped
under Article VI-D of Chapter 18.15 JCCcritical areas listed in chapter 18.22 JCC (Critical Areas). However, the
categorical exemptions listed in WAC 197-11-800 shall not apply when undertaken wholly or partly on lands
covered by water, regardless of whether or not such lands are mapped as ESAs. Proposals in areas subject to this
subsection (3)(g) shall require environmental review and a threshold determination, and may be conditioned or
denied under this article (see WAC 197-11-756, 197-11-800, and 197-11-908).
(4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation of existing
documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630, and 197-11-635.
(5) Planned Actions.
Appendix F - 3
(a) The county may, as part of its planning processes, elect to perform or have performed for it in advance of any
development proposal, the environmental review and analysis for certain actions and their probable impacts. These
“planned actions” must be so designated by ordinance or resolution adopted by the county after the analysis of the
actions and their impacts has been completed.
(b) Planned actions must be located in an urban growth area, a master planned resort (MPR), or a fully contained
community, and meet the additional requirements contained in RCW 43.21C.031(2).
(c) The analysis must be sufficient to identify and analyze all probable significant impacts and most nonsignificant
impacts of the actions, and to identify (and, optionally, provide) to a great extent the mitigation necessary (i.e., the
significant impacts must be “adequately addressed” in an environmental impact statement).
(d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a development proposal being prepared
under a planned action does not require a threshold determination or the preparation of an environmental impact
statement, but is subject to a full environmental review of its impacts and full requirements for mitigation as
identified and specified by the review for the planned action in subsection (5)(c) of this section.
(e) If the environmental review identifies additional impacts not addressed by the planned action, a checklist and
threshold determination shall be required.
18.40.760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and nonproject actions.
(1) Submittal of Environmental Checklist.
(a) A completed environmental checklist shall be submitted with any application for a permit or approval not
specifically exempted as per JCC 18.40.750(1). However, a checklist is not required if the county and applicant
agree that an EIS is required, if SEPA compliance has been completed, or if SEPA compliance has been initiated by
another agency. The county shall use the checklist to determine lead agency and to make the threshold determination
if the county is lead agency.
(b) Applicants for private proposals shall complete the checklist, and the county shall provide assistance as
appropriate. For county proposals, the department initiating the proposal shall complete the checklist.
(2) Review of Project Impacts. The responsible official shall review the checklist, other information about a project,
and the applicable regulations to review the environmental impacts of the project and make a threshold
determination. In making this review the responsible official may determine:
(a) All of the project’s probable significant adverse environmental impacts have been adequately identified and
analyzed. If not, additional studies and analyses may be required;
(b) Some or all of the probable significant adverse environmental impacts have been adequately addressed and
mitigated in this UDC and other development regulations adopted by Jefferson County, the Comprehensive Plan, or
in other applicable local, state, or federal laws and rules by:
(i) Avoiding or otherwise mitigating the impacts; or
(ii) The county has designated as acceptable certain levels of service, land use designations, development standards,
or other land use planning required or allowed by the Growth Management Act (Chapter 36.70A RCW).
Where probable significant adverse environmental impacts have not been adequately mitigated, the responsible
official may condition the project with additional mitigation measures or deny the permit;
(c) To determine if the probable significant adverse environmental impacts have been addressed by an existing rule
or law of another agency with jurisdiction, the county shall consult orally or in writing with that agency and may
Appendix F - 4
expressly defer to that agency. In making this deferral, the county shall base or condition its project approval on
compliance with that agency’s rules or laws;
(d) If the county bases or conditions its SEPA approval of the project wholly or in part on compliance with the
requirements or mitigation measures identified in subsections (2)(b)(i) and (2)(b)(ii), during project review the
county shall not impose additional mitigation under SEPA for those impacts so conditioned;
(e) Nothing in this subsection limits the authority of the county in its review or mitigation of a project to adopt or
otherwise rely on environmental analyses and requirements under other laws, as provided by SEPA.
(3) Threshold Determination. The “threshold determination” is the decision regarding whether there is a reasonable
likelihood that the project shall have a probable significant adverse environmental impact on an element of the
environment. A threshold determination is required for any proposal that meets the definition of an “action” under
WAC 197-11-704 and is not categorically exempt, a planned action, or subject to WAC 197-11-600(3). The
responsible official shall make and publish the threshold determination for public comment as provided in
JCC 18.40.780:
(a) Determination of Significance (DS). If a project may have a probable significant adverse environmental impact,
a DS shall be issued, and an EIS shall be required. In determining an impact’s significance, the responsible official
shall take into account the guidance in WAC 197-11-330 and 197-11-794, including:
(i) Locational, quantitative, and cumulative effects, severity and likelihood of the effects, and effects on
environmentally sensitivecritical or special areas; and
(ii) Mitigation measures that will be implemented. The responsible official shall not balance whether beneficial
aspects of a proposal outweigh its adverse environmental impacts in determining significance.
(b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse environmental impact, a
DNS shall be issued.
(c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission of an environmental
checklist and prior to the responsible official’s threshold determination on a proposal, an applicant may ask the
responsible official to indicate whether it is considering a DS. If the responsible official indicates a DS is likely, the
applicant may clarify or change features of the proposal to mitigate the impacts that led the responsible official to
consider a DS likely. The applicant shall revise the environmental checklist as may be necessary to describe the
clarifications or changes. The responsible official shall make its threshold determination based upon the changed or
clarified proposal. If a proposal continues to have one or more probable significant adverse environmental impacts,
even with mitigation measures, an EIS shall be prepared. The county’s indication under this section that a DS
appears likely shall not be construed as a determination of significance. Likewise, the preliminary discussion of
clarifications or changes to a proposal shall not bind the county to a mitigated DNS.
(4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a MDNS as provided
in this subsection and in WAC 197-11-350, based on conditions attached to the proposal by the responsible official
or on changes to or clarifications of the proposal made by the applicant.
(a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS shall be deemed
conditions of approval of the permit decision, and may be enforced in the same manner as any term or condition of
the permit. The county may incorporate implementation or enforcement provisions in the MDNS and require
performance guarantees.
(b) If the tentative county decision on a permit or approval does not include mitigation measures that were
incorporated in a MDNS, the county shall evaluate the threshold determination to assure consistency with
WAC 197-11-340(3)(a) (i.e., withdrawal of a DNS).
(5) The responsible official shall provide for prompt and coordinated review by government agencies and the public
on compliance with applicable environmental laws and plans, including mitigation for specific probable significant
adverse impacts arising from the project that have not been considered and addressed at the plan or development
Appendix F - 5
regulation level. The county may clarify or change features in their own proposal, and may specify mitigation
measures in their DNSs, as a result of comments by other agencies or the public or as a result of additional agency
planning (see WAC 197-11-350).
(6) Durations of comment periods are as provided in JCC 18.40.780. At the end of the comment period the threshold
determination becomes final unless retained, modified, or withdrawn, and the appeal period begins.
(7) Preparation of EIS.
(a) Preparation of the draft environmental impact statement (DEIS) and final environmental impact statement (FEIS)
and supplemental environmental impact statement (SEIS) are the responsibility of the county under the direction of
the responsible official. Before the county issues an EIS the responsible official must be satisfied that it complies
with this article and with Chapter 197-11 WAC. When a DS is issued, an opportunity shall be provided to comment
on the scope of the EIS that shall be developed.
(b) The DEIS, FEIS or SEIS shall be prepared by the county or by a consultant in accordance with county
procedures established for consultant selection. If the county requires an EIS for a proposal and the responsible
official determines that a consultant shall prepare the EIS, the applicant shall be so notified immediately after
completion of the threshold determination.
(c) The county may require an applicant to conduct specific investigations and to provide information the county
does not possess. The applicant is not required to supply information for the purpose of EIS preparation if such
information is not required under this article.
(d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is prepared in a responsible
manner. The county shall:
(i) Initiate and coordinate scoping and ensure that the consultant receives all substantive information submitted
through the scoping process;
(ii) Assist the consultant in obtaining information from applicants; and
(iii) Direct the content and organization of the EIS.
(e) The responsible official shall maintain procedures for preparation of EISs in accordance with the above.
(8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff recommendations to
any appropriate decision-making body (e.g., the hearing examiner).
(9) The county shall not take any action on the project permit application until the SEPA appeal period has lapsed.
(10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810.
Appendix G - 1
APPENDIX G
Chapter 18.42 JCC
18.42.050 Compliance with other regulations.
(1) Compliance with Other Regulations. All construction of personal wireless service facilities shall also be subject
to the requirements of the county building code, Cchapter 15.05 JCC, and all codes adopted by reference in
JCC 15.05.030 including, but not limited to, the Uniform Building Code (UBC), the National Electrical Code
(NEC), the requirements of the National Electronics Industries Association/Telecommunications Industries
Association (EIA/TIA) 222 Revision F Standard entitled “Structural Standards for Steel Antenna Towers and
Antenna Supporting Structures” and any additional applicable standards published by the Electronics Industries
Association, the Uniform Fire Code; Article VI-D et seq. of Chapter 18.15 JCC, environmentally sensitive areas
chapter 18.22 JCC (Critical Areas); and the Jefferson County Shoreline Management Master Program,
Cchapter 18.25 JCC.
(2) Emergency Response System. All personal wireless facilities service providers shall be integrated into the local
emergency response system.
(3) Right-of-Way Facilities. All facilities located in any developed or undeveloped public road or right-of-way shall
be governed by the applicable sections of this code and related policies governing the placement of utilities and
other facilities in public rights-of-way including, but not limited to, Division III of JCC Title 13. [Ord. 6-99 § 1]
Appendix H - 1
APPENDIX H
Jefferson County Critical Areas Ordinance Periodic Update
Addendum to the 2008, 2009 and 2020 Record of Best Available Science
Washington State Department of Fish and Wildlife. 2020. Riparian Ecosystems, Volume 1:
Science Synthesis and Management Implications
Shannon & Wilson. 2025. Technical Memo dated February 18, 2025 on BAS for Fish and
Wildlife Habitat Conservation Areas (stream buffers) with WDFW comments.
Shannon & Wilson. 2025. WDFW Best Available Science – Site Potential Tree Height. May 13,
2025
Snohomish County. 2024. Response to Planning Commission Questions. May 3, 2024 and June
11, 2024.
DCG Watershed. 2023. Kitsap County Technical Memo on WDFW Riparian Management
Guidance for Kitsap County Critical Area Code Update. December 8, 2023.