HomeMy WebLinkAbout011712_ra02
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Administrator
S~ie Hoskins, Department.ofco=~e:pment Planning Manager/Interim Director 8UY
Michelle McConnell, AssocIate Plann .... .
. ^"
Donna Frostholm, Associate Planner
FROM:
DATE:
January 17,2012
SUBJECT: Discussion of the Voluntary Stewardship Plan and Possible Adoption of a Resolution to Opt
In to the Voluntary Stewardship Plan
STATEMENT OF ISSUE:
The Voluntary Stewardship PrOgranI (VSP), as approved by Engrossed Substitute House Bill 1886 (ESHB
1886), allows Jefferson County to participate in an alternative means of protecting critical areas while
maintaining the viability of agriculture. ESHB 1886 went into effect on July 22, 2011, and requires local
legislative action within six months of the effective date to emoll in the progranI. If the County opts in, the
County must determine which watersheds are to be included in the VSP and must nominAte a priority
watershed. In order to opt in, the County must comply with Section 4 ofESHB 1886. To show compliance
with this section of the bill, the Board of County Commissioners (BoCC) has (1) directed Department of
Community Development (DCD) to confer with stakeholders (tribal, environmental, and agricultural
interests); (2) directed DCD to provide notice for public participation in the process; and (3) held a public
meeting during a 30-day comment period to hear testimony from the.public. As part of providing
information to the public about the VSP, DeD has set up a webpage on the County website and has prepared
an Informational Paper that was available to the public at the beginning of the 30-day comment period.
ANALYSIS/STRATEGIC GOALSIPROS and CONS:
The County must make a decision whether to opt in or opt out within six months of the effective date of
ESHB 1886, or by January 22, 2012, and legislative action is required under ESHB 1886 to opt in.
Therefore, the BoCC must approve a Resolution on January 17,2012 to emoll Jefferson Coutlty in the VSP.
The Resolution must identify the watersheds within Jefferson County to include in the VSP and must
nominate a priority watersh~ ;~ '" '-" ;;,<.s .."" <91'7' ,'n.
The options for the BoCC to consider in making the opt inlopt out decision have been presented by DeD
staff, the County Administrator, and the public. Some of the issues associated with the decision-making
process include, but are not limited to: (1) there is not consensus among the public and the stakeholders for
opting in or for watershed selection; (2) the funding sources have not yet been identified and the amount of
funding is unknown (and may not be adequate to complete a work plan); (3) opting in may allow the County
more opportunities to obtain other federal and state funding to find local solutions with stakeholder
involvement; (4) the level of effort needed to complete a work plan that can be approved by a technical panel
is unknown; (5) the VSP provides greater flexibility for property owners and would be implenrented at the
watershed level rather than at the site-specific level currently used by DCD; (6) the role ofDCD in the
Regular Agenda
permitting of new agricultural development is unclear atthis time (if the County opts in); (7) a means of
demonstrating accountability by a Watershed Group to the County has not yet been identified; and (8) an
opportunity exists to support local agriculture if the County opts in Most of these issues about the VSP will
not be fully resolved prior to the January 22, 2012 deadline for opting in
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
Work to date has been completed by funds provided to DCD from the General Fund in support oflong-range
planning projects. Should the County opt in to the VSP, funds provided by the state would support any DCD
involvement associated with preparation of a work plan, b-T C>-f"pt2P-r....n 1:t.LIJ '''' c€)V~ -.il c.."......~
a.a"'~.
RECOMMENDATION:
Staff recommends the BoCC consider the public testimony provided and other information currently
available and take fotmal action to make a decision on whether to opt in to the Voluntary Stewardship
Program. If the BoCC chooses to opt in, staff recommends the BoCC approve the attached resolution.
REVIEWED BY:
I ho~.2-
Date
STATE OF WASHINGTON
Jefferson County
In the Matter ofESHB 1886 for }
Critical Area Protection-- Voluntary }
Stewardship Program }
RESOLUTION NO.
WHEREAS, the Washington State Legislature, through Engrossed Substitute House Bill 1886 (ESHB 1886)
with an effective date of July 22,2011, established a Voluntmy Stewardship Program (VSP) for the protection of
critical areas in areas used for agricultural activities; and
WHEREAS, ESHB 1886 makes participation the VSP "an alternative to protecting critical areas in areas
used for agricultural activities through development regulations adopted under RCW 36.70A.060"; and
WHEREAS, to participate in the VSP, the legislative authority must do so by January 22, 2012; and
WHEREAS, ESHB 1886 requires the County to confer with tribal, environmental, and agricultural interests
and to provide notice of public participation based on the provisions ofRCW 36.70A.035 prior to opting into the
VSP; and
WHEREAS, Jefferson County provided notice to the public about a pending County decision regarding
participation inVSP in The Leader on August 24, 2011; and
WHEREAS, Department of Community Development (DCD) provided anlnformational Paper for the public
about the VSP on August 24,2011; and
WHEREAS, Jefferson County created a new VSP website on August 24,2011 to disseminate information to
interested stakeholders and the public; and
WHEREAS, DCD met with agricultural stakeholders on September 7, 2011, met with environmental
stakeholders on September 14, 2011, and contacted seven tribal representatives to invite them to a tribal stakeholders
meeting on September 21, 2011at which none of the tribes attended but three tribes provided written comments; and
WHEREAS, after due notice, the Board of County Commissioners held a public hearing on September 19,
2011 to hear public testimony and take public comments regarding opting into the VSP, including watershed selection
and priority watershed identification; and
WHEREAS, all comments received have been considered by the Board of County Commissioners; and
WHEREAS, it is the understanding of Jefferson County (based on verbal communications with the State
Conservation Commission) that if the County opts into the VSP and if the County determines that the amount of
funding offered by the State is insufficient to complete tasks associated with developing and implementing a work
plan, then Jefferson County has the option of refusing VSP funding (effectively opting out) of the VSP, and would
then have to revise the County critical areas ordinance within the timefnunes specified in ESHB 1886; and
WHEREAS, the Board of County Commissioners held deliberations on this resolution on Januaty 17,2012.
NOW THEREFORE BE IT RESOLVED, that the Jefferson County Board of County Commissioners
hereby:
1. Elects to opt all Jefferson County watersheds into the V oluntmy Stewardship Plan, as established by
Resolution No.
ESHB 1886-Voluntary Stewardship Program
Page 2
Engrossed Substitute House Bill 1886.
2. Nominates the Qui1cene/Snow watershed as the primary watershed (Water Resource Inventory Area
17, or WRlA 17), as delineated on the attached map, for consideration by the State Conservation
Commission as a priority watershed.
3. Elects to have Jefferson County proceed as required by ESHB 1886, to implement the Voluntary
Stewardship Program once the Washington State Legislature provides adequate funding.
NOW THEREFORE BE IT BE FURTHER RESOL YED, that the Jefferson County Board of County
Commissioners hereby elect to opt into the Voluntary Stewardship Program and adopt the following findings, which
correspond to primary watershed selection considerations presented in ESHB 1886, Section 4(4)(a) through (4)(g):
a. Farming is essential within Jefferson County, much of which is located in the Quilcene/Snow Water
Resource Inventory Area (WRlA 17). Of all the land in Jefferson County (and located outside of
federal land) that is zoned Agricultural Resource Lands (prime Agricultural Lands, AP-20;
Agricultural Lands of Local Importance, AL-20), 88 percent of the total acreage (and 91 percent of
the agricultural landowners ) occur within WRlA 17. The importance of local agriculture to Jefferson
County is evident in the presence of vibrant local famer's markets and small, community stores
focusing on local agricultural products; the presence of local organizations to promote farming and
assist farmers (such as the LandW orks Collaborative); and the interest and desire from the Planning
Commission members to address food sustainability at the local level. Further, an Economic Planning
document prepared in 2010 for Jefferson County, the City of Port Townsend, and the Port of Port
Townsend states that (I) while 12 of the 18 employment sections declined from 2008 to 2009,job
gains occurred in the agricultural sector during this timeftame by 13.8 percent and (2) value-added
agriculture and food processing are an emerging economic driver in Jefferson County.
b. The Quilcene/Snow Water Resource Inventory Area provides habitat for salmonids, some of which
are listed species. Because salmonid habitat is a valuable and integral part of the rural character of
Jefferson County, efforts to restore portions of this watershed have been conducted in the past. This
has included the restoration of Salmon Creek and portions of the estuary at the mouth of the streanJ,
enhancement of stream and riparian habitat along the Little Quilcene River and Donovan Creek at
Quilcene Bay, riparian habitat restoration along Chimacum Creek and tributaries, restoration of
habitat in the lowlands along Tarboo Creek, and estuary restoration along Hood Canal near Quilcene.
It should be noted that Washington State Department offish and Wildlife data show an increase in
total escapement of summer chum through 2003 in Snow/Salmon Creeks and Chimacum Creek, and
any improvements in fish stocks will be a benefit to stakeholders as well as to those involved in
recreational and commercial fishing.
c. Due to the rural character of Jefferson County, a diversity of habitats is present within the watershed.
Habitat types that occur in the County include: coniferous forest; deciduous forest: mixed forest (both
coniferous and deciduous trees); native shrub lands; shrub lands dominated by non-native species or a
mix of native and non-native species; and areas dominated by herbaceous vegetation. Most areas
consisting primarily of herbaceous vegetation in terrestrial habitats occur in previously cleared areas
or along roadsides, and are composed mostly of non-native plant species. Riparian and wetland
resources adjacent to streams provide functions that support salmonids and other aquatic organisms,
and provide connectivity (wildlife corridors) to other habitats used by terrestrial species. Areas
consisting of native vegetation on agricultural lands provide habitat for wildlife species and support
stream functions for fisheries (such as maintaining cool in-stream water temperature, protecting
stream banks from erosion, and contributing organic materials to invertebrates used as a food source
for salmonids). The relatively intact habitats dominated by native vegetation are most vulnerable to
ESHB 1886-Voluntary Stewardship Program
Page 3
Resolution No.
new agricultural development and would benefit from protection measures provided by the VSP.
However, some wetland, stream, and adjacent upland habitats have been degraded and would benefit
from restoration efforts, which is also required under the VSP. The habitats in WRlA 17 would be
expected to support large and small mammals, raptors, perching birds, waterfowl, amphibians,
salmonids and other fish species, and aquatic invertebrates.
d. Leadership can be provided at various levels, including but not limited to, elected County officials,
appointed advisors, local government staff, Jefferson County Conservation District staff, Farm Bureau
staff, and individuals associated with stakeholder groups and non-profit organizations. Jefferson
County has individuals from agricultural and environmental interests who are very much invohed
with land use issues, are capable of providing leadership, and could contribute to a work plan. In the
past, tribal representatives have actively participated in previous collaborative efforts and may be
willing to participate in the preparation and implementation of a work plan.
e. Data and resource documents are available and can be used for the VSP. Sources of information that
could be incorporated into the VSP include, but are not limited to, GIS mapping, scientific reports
prepared for the County, water quality data collected by the County, resource information from local
tribes, and resource information from state and federal agencies. In those watersheds that cross
County boundaries, various representatives from the Watershed Group could contact others in an
effort to provide a coordinated response in the work plans.
f. Technical assistance is available locally to support and aid in the development and implementation of
a work plan. Examples of local watershed groups that are capable of coordinating the development
and implementation of a work plan include the Conservation District, East Jefferson Watershed
Council, and Washington State University Cooperative Extension.
g. Provided with adequate funding, there is a likelihood of completing and implementing a viable work
plan at the localleveI.
APPROVED AND ADOPTED this 17th day of January, 2012.
SEAL:
JEFFERSON COUNTY
BOARD OF COUN1Y COMMISSIONERS
John Austin, Chairman
ATTEST:
Phil Johnson, Member
Raina Randall
Deputy Clerk of the Board
David Sullivan, Member
APPROVED AS TO FORM:
David Alvarez
Deputy Prosecuting Attorney
"From 1'LJ.,'r hsrf~
VSP & Pros and Cons for Opting In and Opting Out
Opt In
Pro Con
. Supported by most Ag groups . Concerns raised by Tribes & Env'1 groups. Legal
review of this is being undertaken.
. Greater flexibility: allows a watershed approach . May delay action while we wait for state and
for net gain, not restricted to individual federal funding
properties
. Can acknowledge restoration work already in . Not clear who decides if funding is adequate for
place, other programs/plans to further improve us to opt out.
in future.
. May attract state and federal funding to help . Unlikely that state and federal funding will be
fund local work with Ag, Env'l, Tribes to find local fully adequate. Level of work is large and stili
solutions. undefinable at this time. There is likely a partial
0 Even if we eventually must adopt a unfunded mandate for the County and the Cons.
regulatory backstop under Section 9, Dist to develop the program, administer it and
this paid work to develop the details of conduct farm plans. Also unknown: extent of
farm plans as a CASP-Iike alternative to delineation of critical areas by govt, or
regulation will be very helpful. monitoring of practices, water quality, and other
measures of net env'1 gains, loss.
. No funding, no obligation. BUT: . Appears to shift County BoCC role to unelected
0 County control of this is unclear: Watershed Group. ESHB 1886 gives
. how long do we wait in stasis programmatic and evaluation control to a
if funding hasn't happened? Watershed Group. It is not clear what quality
. If funding is partial (very control or accountability the County could
likely), does county have exercise over this group, or if they would be fully
option to opt out before 3, 5 8 independent in establishing work programs and
or 10 yrs? benchmarks that must be met.
. Applicability of VSP to New Arl. and to structures
on Existing AI! is not clear. Appears some form
of CAO or prescriptive standards must likely
apply.
. Best Management Practices have not been set or
vetted by state or Feds. Developing these locally
is a capacity problem for a small county, and may
become a hot conflict for Ag, Env'1 and Tribal
interests.
. Approval of county work plan(s) is appealable to
GMHB, but may be defended by State Cons.
Commn.
Options:
oSee if Watershed Group can be structured to report through the County, or make
it a creature of the County.
o Explore supplemental funding by Consvn District to administer farm plans.
Opt Out
Pro Con
. Supported bv Tribes and eny'1 groups . Support by most local Ag orgs In favor ofVSP
. Retains County control of Critical Area standards . .Any detail of our CAO regs/programs can be
(subject to Commerce OK, potential challenge to appealed to GMHB.
GMHB)
. Certain tlmellne to address: 201Sadoptlon to .. Walks away from state funding and poSSible
meet2016 deadline. technical assistance to develop the farm plan
. . option. .
. Ukely to be a more efficient process -county . If we opt out, the chance of a negative Impact on
consults with interest groups to look tor availability of federal $$ for landowners appears
common ground,but County can ultimately . somewhat remote, although this IS by no means
propose the solutions. Less time and effort on certain.
facilitatIon of volunteer watershed group and
. watershed group's outreach program. .
. County's ability to look watershed wlde,rather
than property by property - and thereby gain
more flexibility in how.lndlvldualpropertles are
regulated -Is not clearly available, as It Is under
VSP. . . .
. Developing a VSP-lIke option under CAO regs as
an alternative will take much work and after
. that, potential appeal to GMHB.
Options:
o Create a program under CAO similar to VSP, such as Whatcorn County, or others.
o. Use (and refine) a state-blessed model,rather than create our own from scratch.
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