Loading...
HomeMy WebLinkAboutAgriculture Workshop 01-23-2018Jefferson County DCD December 20, 2017 1 CRITICAL AREAS AND AGRICULTURE SUMMARY OF REVISIONS Chapter 18.22 JCC (Critical Areas): Added Article XIII (Agriculture) to critical areas chapter. • JCC 18.22.AAA specifies when the new article is applicable for agricultural uses and development • JCC 18.22.BBB lists regulated agricultural activities • JCC 18.22.CCC presents alternative options for farmers to address wetlands and fish and wildlife habitat conservation areas: o Conservation District prepares biological reports for permitting o Reduced buffers o Working buffer • JCC 18.22.DDD identifies benchmark criteria for agricultural compliance with critical areas requirements JCC 18.30.020 (Performance Standards for Agricultural Activities and Accessory Uses): Revisions limited to making existing performance standards consistent with critical areas update and consolidating definitions in a single portion of the Unified Development Code. • 18.20.300(1) – Definitions: o deletes definitions (which are in JCC 18.10.010) o adds in a Purpose section • 18.20.030(2) – Agricultural Activities: o clarifies that new agriculture requires compliance with critical areas regulations o clarifies limits to maintenance and repair exemption o deletes subsections (such as ‘no harm’ requirement and functions and values description) that are addressed in critical areas chapter o clarifies that a land use permit may be needed in cases where a building permit is not needed • 18.20.030(3) – Accessory Uses o clarifies when accessory uses are allowed and revises requirements for accessory uses Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 72/76 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Article XII. Adaptive Management 18.22.650 Adaptive management. Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions achieve their objectives and makes adjustments to 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 its CAO will: (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. 3-08 § 1] Article XIII. Agriculture All regulated activities shall comply with critical area provisions in Articles I through XII of this chapter, except that certain agricultural activities described in subsection AAA(1) may use alternative protection standards in subsection CCC for wetlands and for fish and wildlife habitat conservation areas (FWHCAs). If the alternative protection standards cannot be met, then the protection standards of Articles I through XII shall be used by the applicant. 18.22.AAA Applicability. (1) Agricultural uses and activities, including agricultural accessory uses, as defined in JCC 18.10.010, shall have the option of using the requirements of this article, if at least one of the following is met: (a) Agricultural resource lands designated as prime (AP-20) or local (AL-20); or (b) Agricultural lands enrolled in the county agricultural open space tax program, pursuant to 84.34 RCW; or (c) Agricultural lands in which a recorded document, such as an easement, provides for the preservation of agricultural lands and uses in perpetuity. (2) If subsection (1) is not applicable, then other farming or agriculture activities, such as hobby farms and agriculture occurring on parcels zoned rural residential, occurring within a critical area or a critical area buffer shall comply with all applicable critical area regulations in Articles I through XII of this chapter. Additionally, non- agricultural activities (such as construction of a single-family residence) on lands meeting subsection (1) above shall comply with all applicable critical area regulations in Articles I through XII of this chapter. 18.22.BBB Regulated activities. Regulated agricultural activities shall include, but are not limited to: (1) Clearing vegetation or removing trees; (2) Grading, including dredging, excavating, or filling; (3) Dumping; (4) Discharging; (5) Altering water levels (surface and subsurface), water quantity, water quality, or surface water flow rates; (6) Draining a wetland, fish and wildlife habitat conservation area, or frequently flooded area; Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 73/76 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (7) Diverting or impounding water; (8) Storing and using agricultural chemicals, including pesticides, herbicides, fertilizers, and other hazardous materials; (9) Creating new ditches and farm ponds or expanding existing ditches and farm ponds; (10) Installing fencing; (11) Constructing an agricultural structure or expanding an existing structure farther into the critical area or buffer; or (12) Intensifying an existing agricultural activity. 18.22.CCC Alternative protection standards. The following alternatives allow flexible protection standards relative to Articles VI (fish and wildlife habitat conservation areas) and VII (wetlands). Where an applicant demonstrates the proposal adequately provides protection of critical areas and buffers, and that implementation of the proposal is not likely to degrade critical areas or buffers over time, the following may be used. (1) Conservation District Critical Areas Plan. An applicant may submit a critical areas plan prepared by the Jefferson County Conservation District for review and approval by the department of community development. A critical areas plan may be used for impacts to wetlands, wetland buffers, FWHCAs, or FWHCA buffers. A critical areas plan shall address all report requirements in Articles VI (fish and wildlife habitat conservation areas), VII (wetlands), and VIII (critical areas reports). (2) Alternative Buffers. As an alternative to the standard buffer widths in Articles VI (fish and wildlife habitat conservation areas) and VII (wetlands), an applicant may use one of the buffer widths in the table below. These buffer widths may be used if no development is proposed within a wetland or a fish and wildlife habitat conservation area, and if the proposed agricultural activity is located entirely in an area previously altered by development or past agricultural use. The alternate provisions of this article shall not be used if any portion of the proposed new agriculture would be located within an area consisting of trees and shrubs or native perennial herbaceous vegetation. This alternative for buffer widths is determined from the potential risk of the proposed agricultural activity on critical areas, and the most protective buffer shall be used, as follows: (a) The 35-foot buffer may be used when an applicant demonstrates that the proposed agricultural activity meets all low risk benchmark activity criteria presented in Table 18.22.CCC(1). An application for a 35-foot buffer shall not be approved if any portion of a proposed agricultural activity exceeds the benchmark activity criteria for low risk. (b) The 50-foot buffer may be used when an applicant demonstrates that the proposed agricultural activity does not exceed all moderate risk benchmark activity criteria presented in Table 18.22.CCC(1). An application for a 50-foot buffer shall not be approved if any portion of a proposed agricultural activity exceeds the benchmark activity criteria for moderate risk. (c) The 65-foot buffer may be used when applicant can demonstrate that the proposed agricultural activity does not exceed all high risk benchmark activity criteria presented in Table 18.22.CCC(1). An application for a 65- foot buffer shall not be approved if any portion of a proposed agricultural activity exceeds the benchmark activity criteria for high risk. (d) A report shall be prepared showing how the proposal meets the alternative buffer width for each of the benchmark activities. Table 18.22.CCC(1): Alternative Minimum Buffer Widths for Agriculture Benchmark Buffer Width Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 74/76 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Activity 35 feet (low risk) 50 feet (moderate risk) 65 feet (high risk) Fencing  Wildlife passible fence along buffer.  In pasture, fencing installed as a barrier to animals (for livestock rotation).  Wildlife passible fence along buffer.  In pasture, fencing installed as a barrier to animals (for livestock rotation).  Wildlife passible fence along buffer.  In pasture, fencing installed as a barrier to animals (for livestock rotation). Buffer Vegetation  Perennial native vegetation: trees and/or shrubs  Perennial native vegetation: inner 35 feet consists of trees and shrubs; outer 15 feet may be herbaceous  Perennial native vegetation: inner 75% trees and shrubs; outer 25% may be herbaceous Habitat Features  Dead trees (snags) and downed trees retained in critical area and buffer  Dead trees (snags) and downed trees retained in critical area and buffer  Dead trees (snags) and downed trees retained in critical area and buffer Stream Crossings  Livestock has no access to streams.  Crossing locations for livestock and machinery are managed to prevent and control erosion and manure discharges.  Livestock has no access to streams.  Crossing locations for livestock and machinery to prevent and control erosion and manure discharges.  Livestock has no access to streams.  Crossing locations for livestock and machinery to prevent and control erosion and manure discharges. Erosion Control  Cover crop from October to April or no livestock allowed access to mapped erosion areas from October to April.  Cover crop from October to April or no livestock allowed access to mapped erosion areas from October to April.  Cover crop from October to April or livestock not allowed access to mapped erosion areas from October to April. Ground Disturbance  No tilling, excavation, or other ground disturbance within 50 feet of the critical area (i.e., no closer than 15 feet from wildlife passable fencing) year round.  No tilling, excavation, or other ground disturbance within 50 feet of the critical area between late October and late March.  No tilling, excavation, or other ground disturbance between early November and late February. Chemical Application  No spraying year- round.  No hazardous chemicals stored or used within 200 feet of critical area.  No spraying early October through late March.  No hazardous chemicals stored or used within 200 feet of a critical area.  No spraying early November through early March.  No hazardous chemicals stored or used within 200 feet of a critical area. Livestock Access and Grazing  No grazing mid- September through mid-July.  Rotate livestock through pastures suing the ‘take half, leave half’ concept, ensuring at least three inches of  No grazing late October through late March.  Rotate livestock through pastures using the ‘take half, leave half’ concept, ensuring at least three inches of  Year-round grazing.  Livestock will not be in pasture when ground is saturated or frozen.  Rotate livestock through pastures using the ‘take half, leave Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 75/76 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. pasture grass height remains.  Ungrazed pastures routinely mowed to encourage pasture grass growth. pasture grass height remains.  Ungrazed pastures routinely mowed to encourage pasture grass growth. half’ concept, ensuring at least three inches of pasture grass height remains.  Ungrazed pastures routinely mowed to encourage pasture grass growth. Livestock Heavy Use Area  Livestock heavy use area is at least 200 feet from a wetland or a FWHCA with no bare ground between the heavy use area and buffers.  Livestock heavy use area is at least 100 feet from a wetland or a FWHCA with no bare ground between the heavy use area and buffers.  Livestock heavy use area is at least 100 feet from a wetland or a FWHCA with no bare ground between the heavy use area and buffers. Manure Application  Manure application at rates that do not exceed the crop nutrient needs.  Use limited from early June through early September.  Used no closer than 50 feet from the critical area (i.e., no closer than 15 feet from a wildlife passable fence).  Manure application at rates that do not exceed the crop nutrient needs.  Use limited to growing season only.  Used no closer than 50 feet from the critical area (i.e., no closer than the wildlife passable fence).  No application when fields are flooded.  Manure application at rates that do not exceed the crop nutrient needs.  Use limited to growing season only.  Used no closer than 65 feet from the critical area (i.e., no closer than the wildlife passable fence).  No application when field are flooded. Manure Storage  Manure storage covered by roof or tarp and located at least 200 feet from wetland and FWHCA.  Manure storage covered by roof or tarp and located at least 150 feet from wetland or FWHCA.  Manure storage covered by roof or tarp and located at least 150 feet from wetland and FWHCA. Footnotes: Wildlife passable fence is wood split rail, 4- or 5-strand barbed wire, or portable electric. Buffer vegetation means native perennial vegetation between critical area and wildlife passable fence. If no native vegetation is present, the buffer must be planted to comply with the benchmark activity criteria. Habitat features includes dead trees (snags), down trees, root wads, pools and riffles, and instream gravel. Stream crossings refer to areas where cattle and farming equipment cross a stream. Erosion control means preventing sediments from being transported to a waterbody. Ground disturbance, in coordination with erosion control, means agricultural soils shall not enter a waterbody. Chemicals refer to herbicides, pesticides, insecticides, fertilizers, or other agricultural chemicals. Livestock access and grazing requires fencing to prevent livestock to grazing areas during specified timeframes. Livestock heavy use areas include areas where livestock are confined outside of a barn or where livestock congregate, such as feeding locations, watering facilities, and wet season pasture areas (sacrifice areas) where polluted runoff may pose a risk to a critical area or a buffer. Manure storage includes collected liquid manure, solid manure, and bedding. (3) Working Buffers. An applicant may use the working buffers concept from the Snohomish County Conservation District; provided, the applicant submits sufficient information to demonstrate that the proposal is consistent with the applicable agroforestry template and that the template is consistent with the proposed agricultural use of the buffer. This alternative is limited to buffers for wetlands or fish and wildlife conservation areas only; it shall not be used for agricultural activities proposed within a critical area. 18.22.DDD Compliance benchmarks for critical area protection. Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 76/76 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. (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. 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. For purposes of this article, no harm means: (a) Water quality monitoring results shall based on sampling data collected and analyzed by Jefferson County department of public health or a designated partnering agency. 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 and 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 descriptions presented in the March 2016 Watershed Characterization Report prepared for this critical areas update. Within the Chimacum Creek drainage basin, stream conditions must be maintained at the level presented in Appendix H of the Chimacum Watershed Agriculture, Fish & Wildlife Protection Plan (Jefferson County Conservation District 2004). Additionally, indicators of habitat conditions, such as (1) the percent cover of woody vegetation shall not result in a net decrease; (2) the amount of habitat features such as snags, downed woody debris, and open water habitats shall not result in a net decrease; and the amount of impervious surfaces and bare ground shall not result in a net increase on the agricultural land as a result of implementing an approved agricultural activity. (c) Salmonid stocks should remain stable or improve (based on published Washington Department of Fish and Wildlife assessments, reports, and online information). 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. (2) If agricultural activities result in degradation of a critical area, the farmer shall be required to either cease the agricultural activity that results in critical area degradation or prepare a farm plan that demonstrates how farming activities will be brought into compliance with critical area protection requirements.