HomeMy WebLinkAboutAppendix CChapter 18.22
CRITICAL AREAS
Sections:
Article I. Purpose
18.22.010 Purpose – Generally.
Article II. Administrative Provisions
18.22.020 Applicability.
18.22.030 Identification and mapping of critical areas.
18.22.050 Coverage.
18.22.070 General exemptions.
18.22.080 Nonconforming uses.
18.22.090 Reasonable economic use variance.
18.22.095 Physical separation – Functional isolation.
Article III. Critical Aquifer Recharge Areas
18.22.100 Classification.
18.22.110 Designation.
18.22.120 Applicability.
18.22.130 Protection standards.
18.22.135 Adaptive management.
Article IV. Frequently Flooded Areas
18.22.140 Incorporation by reference.
18.22.150 Relationship to other regulations.
Article V. Geologically Hazardous Areas
18.22.160 Classification/designation.
18.22.170 Protection standards.
18.22.180 Conditions.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.195 Compliance alternatives.
18.22.200 Classification/designation.
18.22.210 Process and requirements for designating habitats of local importance as critical
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areas.
18.22.220 Sources used for identification.
18.22.230 Fish and wildlife habitat conservation area (FWHCA) maps.
18.22.250 Regulated activities.
18.22.265 Habitat management plans – When required.
18.22.270 Protection standards.
18.22.280 Conditions.
Article VII. Wetlands
18.22.290 Stewardship alternative.
18.22.300 Classification/designation.
18.22.310 Regulated activities.
18.22.330 Protection standards.
18.22.340 Noncompensatory enhancement.
18.22.350 Mitigation.
Article VIII. Special Reports
18.22.360 General requirements.
18.22.370 Waivers.
18.22.380 Retaining consultants.
18.22.390 Acceptance of special reports.
18.22.400 Aquifer recharge area report.
18.22.410 Drainage and erosion control plan.
18.22.420 Geotechnical report.
18.22.430 Grading plan.
18.22.440 Habitat management plan.
18.22.450 Wetland delineation report.
Article IX. Alternative Protection Standards – Critical Area Stewardship Plans (CASPs)
18.22.460 Critical area stewardship plans (CASPs) – Generally.
18.22.461 Applicability and limitations.
18.22.465 Performance standards.
18.22.470 CASP contents – Existing conditions.
18.22.480 Description of the management proposal.
18.22.490 Maintenance.
18.22.510 As-built plan requirement.
18.22.520 Periodic monitoring.
18.22.530 Contingency planning.
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18.22.540 Failure to submit required reports.
18.22.550 Waiver.
Article X. Implementation Strategies
18.22.570 Conservation futures.
18.22.580 Education.
18.22.590 Best management practices (BMPs).
18.22.600 Cost sharing incentives.
18.22.610 Static buffer widths for voluntarily enhanced critical areas.
18.22.620 Public benefit rating system.
18.22.630 Residential best management practices (BMPs).
Article XI. Watershed Monitoring
18.22.640 Watershed monitoring.
Article XII. Adaptive Management
18.22.650 Adaptive management.
Article I. Purpose
18.22.010 Purpose – Generally.
The purpose of the Jefferson County critical areas ordinance is to comply with state law and to
describe authorized methods and procedures established to ensure the functions and values of critical
areas are not degraded when allowing approved uses and development activities in the county. This
regulation offers landowners a choice of two methods for ensuring the functions and values of critical
areas are not degraded:
(1) For any critical area, landowners may use a prescriptive method, as described herein; or
(2) For fish and wildlife habitat conservation areas (FWHCA) and wetlands, landowners may choose
an adaptive method by providing a site-specific stewardship plan (see Article IX, JCC 18.22.460).
[Ord. 3-08 § 1]
Article II. Administrative Provisions
18.22.020 Applicability.
Unless otherwise exempted under JCC 18.22.070, any land use or development activity that is
subject to a development permit or approval under this title may only be undertaken on land located
within or containing a critical area or its buffer if the provisions of this chapter are met. Unless
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otherwise exempted under JCC 18.22.070, uses and activities in critical areas or their buffers for
which no permit or approval is required by any other provision of county code are also subject to the
development standards and other requirements of this chapter. [Ord. 3-08 § 1]
18.22.030 Identification and mapping of critical areas.
The approximate locations and extents of critical areas within the county are displayed on various
inventory maps available through the Jefferson County department of community development. The
critical areas maps are provided only as a general guide to alert the viewer to the possible location
and extent of critical areas. These maps need not to be relied upon exclusively to establish the
existence/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. Conditions in the field control; in the
event of a conflict between the information shown on the maps and information shown as a result of
field investigations, the latter shall prevail. 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. [Ord. 3-08 § 1]
18.22.050 Coverage.
(1) The following permits and approvals shall be subject to, and coordinated with, the requirements of
this section: clearing and grading; site plan approval; sewage disposal; subdivision or short
subdivision; binding site plans; building permit; planned residential development; shoreline substantial
development; variance; conditional use permit; certain forest practice permits (Class IV general,
Class III conversion option harvest plans); other permits leading to the development or alteration of
land; and rezones if not combined with another development permit. In instances where a proposal
involves a parcel of real property with more than one critical area or critical area buffer, the standards
that pertain to each identified critical area shall apply. When provisions of this section conflict with
one another, or when provisions of this section conflict with any other local law, the provision that
provides more protection to the critical area shall apply. No permit involving a designated critical area
shall be approved unless it is determined to be in compliance with this code.
(2) Any action taken in a critical area designated under this chapter that is in violation of the
standards and conditions contained herein is expressly prohibited. [Ord. 3-08 § 1]
18.22.070 General exemptions.
The following activities in critical areas or their buffers are exempt from the requirements of this
chapter:
(1) Agricultural activities when undertaken pursuant to best management practices to minimize
impacts to critical areas and consistent with JCC 18.20.030.
(2) Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09
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RCW and forest practice regulations, WAC Title 222, and which are exempt from Jefferson County
jurisdiction.
(3) Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails,
bridges, and associated storm drainage facilities when undertaken pursuant to best management
practices to minimize impacts to critical areas and to immediately restore any disturbed critical area
or its buffer; provided, that reconstruction does not involve expansion of facilities.
(4) Maintenance and repair of existing drainage facilities or systems, including, but not limited to,
ditches, culverts, catch basins, and outfalls when undertaken pursuant to best management practices
to minimize impacts to critical areas and immediately to restore any disturbed critical area or its
buffer.
(5) Utility activities, when undertaken pursuant to best management practices to minimize impacts to
critical areas and immediately to restore any disturbed critical area or its buffer:
(a) Normal and routine maintenance or repair of existing utility facilities or rights-of-way.
(b) Installation, construction, relocation and replacement, operation, repair, or alteration of all
utility lines, equipment, or appurtenances, not including substations, in improved road rights-of-
way.
(6) Reconstruction, remodeling, or maintenance of existing structures. This exemption shall not apply
to reconstruction which is proposed as a result of structural damage associated with a geologically
hazardous area and does not allow further intrusion into a wetland, fish and wildlife habitat
conservation area and/or their buffers.
(7) Site investigative work. Site investigative work necessary for land use application submittals,
including but not limited to surveys, soil logs, and percolation tests involving no fill or use of heavy
equipment in a wetland, or a fish and wildlife habitat conservation area or their buffers; provided, that
disturbed critical areas and their buffers are immediately restored and best management practices are
implemented and excavation for soil logs or percolation tests are filled.
(8) Emergency action. Action 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. If the nature of the emergency is such that it is not possible to first seek review, the
department, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of
Engineers), must be notified of the action within 30 days of the initiation of the emergency work.
(9) Artificial wetlands and artificial ponds.
(10) Flood control. Operation, maintenance and repair of dikes, ditches, reservoirs, and other
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structures and facilities which were created or developed as part of normal flood control activities,
except that this exemption does not extend to the permanent draining or permanent alteration of any
regulated wetland.
(11) Irrigation. Operation, maintenance and repair of ditches, reservoirs, ponds and other structures
and facilities.
(12) Recreational uses, swimming, boating and fishing. Maintenance and repair of docks, piers, boat
launches and floats in lakes (provided that the proposed action complies with the requirements of the
Shoreline Management Act), in deep water habitats one acre or greater in size when such activities
are for recreational purposes and do not involve alteration of or construction through, over or in a
regulated wetland. Other outdoor activities, including hunting and fishing (pursuant to state law), bird
watching, hiking, bicycling.
(13) Existing residential landscaping. Planting, irrigating, fertilizing, spraying, mowing and pruning and
maintenance and repair of structures when such activities are part of existing normal residential
landscaping activities and no building permit is required. This exemption does not allow further
intrusion into a wetland, fish and wildlife habitat conservation area, geologically hazardous area or
their buffers.
(14) All wetlands wherein wetland conditions are being maintained only because of human-induced
water, even if it can be determined that the wetland conditions would no longer exist if the activity (for
example, irrigation or pumping water) were to be terminated.
(15) Removal or destruction of noxious weeds listed in Chapter 16-750 WAC is the responsibility of
the landowner; provided, that the following conditions are met:
(a) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson
County noxious weed control board. The Jefferson County noxious weed control board shall
coordinate with the department of planning and community development for the control of
noxious weeds in wetlands.
(b) All herbicide applications in aquatic environments shall conform to the rules of the
Department of Ecology, Department of Agriculture and Department of Natural Resources,
pursuant to Chapters 173-201, 16-228, and 222-38 WAC.
(16) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such
crops and provided the harvesting does not require tilling soil, planting crops, or changing existing
topography, water conditions, or water sources and provided these activities do not have any adverse
impacts on protection of the critical area or its buffer.
(17) The enhancement of a buffer by planting indigenous vegetation.
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(18) The construction of unpaved trails when located in the buffer areas and elevated when located in
wetlands, which are not intended for motorized use, and which are no wider than five feet, unless
additional width is necessary for safety along a precipice, steep hillside, or other hazardous area.
(19) Installation of navigation aids and boundary markers.
(20) Drilling or digging and maintenance of wells; provided, that impacts to critical areas and their
buffers are minimized and disturbed areas are immediately restored.
(21) The administrator may determine that an activity is closely allied or similar to any activity in this
list. If such an activity does not impact the functions and values of any critical area or its buffers, it
may also be determined to be exempt. [Ord. 3-08 § 1]
18.22.080 Nonconforming uses.
(1) Any legal use or legal structure in existence on the effective date of the ordinance codified in this
chapter that does not meet the 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 the ordinance codified in this chapter, that does not meet the buffer
requirements of this chapter for any designated critical area, shall be considered a legal
nonconforming use.
(3) A legal nonconforming use or structure may be maintained or repaired without limitation by this
chapter.
(4) A legal nonconforming use or structure that has been damaged or destroyed by fire or other
calamity may be restored and its immediately previous use may be resumed. [Ord. 3-08 § 1]
18.22.090 Reasonable economic use variance.
(1) Generally. If the application of this chapter would deny all reasonable economic use of the
property, the applicant, upon denial of a permit due to the requirements of this chapter, may apply for
a reasonable economic use variance.
(2) Staff Recommendation and Burden of Proof. Upon application to the department, the department
shall prepare a recommendation to the hearing examiner. The property owner and/or applicant for a
reasonable economic use variance shall bear the burden of proving that the property is deprived of all
reasonable economic use.
(3) Hearing Examiner Process. The hearing examiner shall conduct a public hearing on the variance
request. Decisions of the hearing examiner shall be final and conclusive. Public notice shall be
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provided as follows:
(a) The department shall arrange for at least one publication of the notice of hearing to appear in
a newspaper of general circulation within the county at least 10 days before the hearing.
Payment of all publication fees shall be the responsibility of the applicant.
(b) The department shall send notice to adjacent property owners advising them of the hearing.
The notice shall be mailed to the owners of record of all property lying within 300 feet of the
property at issue, at least 10 days before the public hearing. Names and addresses of adjacent
property owners shall be provided to the department by the applicant, subject to department
approval.
(c) The department shall provide the applicant with at least two copies of the hearing notice, and
one copy of an affidavit of posting. The applicant shall post the notices and maintain them in
place for at least 10 days prior to the hearing, not including the day of posting or the day of the
hearing. The notices shall be placed in conspicuous locations on or near the property and shall
be removed by the applicant after the hearing. Notices shall be mounted on easily visible boards
provided by the department. The affidavit of posting shall be signed, notarized, and returned to
the department at least 10 days prior to the hearing.
(d) All hearing notices shall include a legal description of the property involved, and a concise
description of the variance requested in lay language.
(4) Hearing Examiner – Required Findings. A reasonable economic use variance may be granted only
when the hearing examiner finds that the application meets all of the following criteria:
(a) No reasonable economic use with less impact on the critical area or its buffer is possible.
(b) There is no feasible on-site alternative to the proposed activities that would allow a
reasonable economic use with less adverse impacts to critical areas or associated buffers.
Feasible on-site alternatives shall include, but are not limited to:
(i) Reduction in density, scope, scale or intensity;
(ii) Phasing of project implementation;
(iii) Change in timing of activities; and
(iv) Revision of road or parcel layout or related site planning considerations.
(c) The proposed variance will result in the minimum feasible alteration or impairment to the
critical area functional characteristics and existing contours, vegetation, fish and wildlife
resources, and hydrological conditions.
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(d) Disturbance of critical areas has been minimized by locating any necessary alteration in
critical area buffers to the minimum extent possible.
(e) The proposed variance will not cause degradation to surface or groundwater quality.
(f) The proposed variance complies with all federal, state and local statutory and common law,
including the Endangered Species Act, and statutory laws related to sediment control, pollution
control, floodplain restrictions, and on-site wastewater disposal, and common law relating to
property and nuisance.
(g) There will be no material damage to nearby public or private property and no material threat
to the health or safety of people on or off the property.
(h) The inability to derive reasonable economic use of the property is not the result of actions by
the applicant in segregating or dividing the property and creating the undevelopable condition
after the effective date of the regulations codified in this chapter.
(5) Conditions.
(a) In granting approval for reasonable economic use variances, the hearing examiner may
require mitigating conditions.
(b) In granting approval for reasonable economic use variances involving designated wetlands,
the hearing examiner shall consider the following mitigating conditions:
(i) Provision of a mitigation plan demonstrating how the applicant intends to substantially
restore the site to predevelopment conditions following project completion; and
(ii) The restoration, creation or enhancement of wetlands and their buffers in order to offset
the impacts resulting from the applicant’s actions; the overall goal of any restoration,
creation or enhancement project shall be no net loss of wetlands function and acreage.
(6) Performance Bond. The administrator may require a performance bond of 120 percent of the cost
of the outstanding work items to be accomplished. [Ord. 3-08 § 1]
18.22.095 Physical separation – Functional isolation.
Buffer areas which 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 buffers otherwise required
by this chapter. Functional isolation can occur due to existing public roads, structures, vertical
separating, or any other relevant physical characteristic. The administrator may require a biological
site assessment to determine whether the buffer is functionally isolated. [Ord. 3-08 § 1]
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Article III. Critical Aquifer Recharge Areas
18.22.100 Classification.
Critical aquifer recharge areas are naturally susceptible due to the existence of permeable soils or a
seawater wedge in coastline aquifers. Certain overlying land uses can lead to water quality and/or
quantity degradation. The following classifications define critical aquifer recharge areas:
(1) 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 an aquifer recharge area report authorized under this article,
the following geologic units, as identified from available State of Washington Department of Natural
Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) Alluvial fans (Ha);
(b) Artificial fill (Hx);
(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) Those areas meeting the requirements of susceptible aquifer recharge areas (above) and which
are overlain by the following land uses as identified in this code are subject to the provisions of the
protection standards in this article:
(a) All industrial land uses;
(b) All commercial uses;
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(c) All rural residential land uses:
(i) Requiring a discretionary use or conditional use permit; or
(ii) With nonconforming uses that would otherwise require a discretionary use or conditional
use permit;
(d) Unsewered planned rural residential developments;
(e) Unsewered residential development with gross densities greater than one unit per acre.
(3) 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 (Public Law 93-523);
(b) Special protection areas designated by the Washington Department of Ecology under Chapter
173-200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies specified
by the Washington Department of Health under authority of Chapter 246-290 WAC;
(d) Groundwater management areas designated by the Washington Department of Ecology in
cooperation with local government under Chapter 173-100 WAC.
(4) Seawater intrusion protection zones (SIPZ) are 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. All islands and
land area within one-quarter mile of marine shorelines and associated aquifers together compose the
coastal SIPZ. Additionally, 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 either at risk (between 100 mg/L
and 200 mg/L) or high risk (over 200 mg/L) SIPZ. Individual groundwater sources with a history of
chloride analyses above 200 mg/L shall be considered “sea-salt water intrusion areas,” which are
among the “sources or potential sources of contamination” listed in WAC 173-160-171, implementing
code for the Water Well Construction Act.
(a) 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 assessment demonstrate 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.
When the status of an area is in question, the UDC administrator is responsible for making the
determination based upon recommendation from county department of health and human
services. [Ord. 3-08 § 1]
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18.22.110 Designation.
Jefferson County shall prepare and exhibit dated critical aquifer recharge area maps which
demonstrate the approximate distribution of the susceptible aquifer recharge areas, special aquifer
recharge protection areas, and seawater intrusion protection zones. The critical aquifer recharge area
maps shall be periodically revised, modified, and updated to reflect additional information. [Ord. 3-08
§ 1]
18.22.120 Applicability.
(1) The following land use activities are considered high impact land uses due to the probability and/or
potential magnitude of their adverse effects on groundwater and shall be prohibited in susceptible
aquifer recharge areas and special aquifer recharge protection areas. In all other areas of the county
outside of susceptible aquifer recharge areas and special aquifer recharge protection areas, these
activities shall require an aquifer recharge area report pursuant to this article:
(a) Chemical manufacturing and reprocessing;
(b) 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 and an accepted aquifer recharge area report);
(c) Electroplating and metal coating activities;
(d) Hazardous waste treatment, storage and disposal facilities;
(e) Petroleum product refinement and reprocessing;
(f) Storage tanks for petroleum products or other hazardous substances, except with a
conditional discretionary use “C(d)” permit approval;
(g) Recycling facilities as defined in this code;
(h) Solid waste landfills;
(i) Waste piles as defined in Chapter 173-304 WAC;
(j) Wood and wood products preserving;
(k) Storage and primary electrical battery processing and reprocessing.
(2) All other land uses shall be subject to the protection standards contained in this article and
mitigating conditions included with an aquifer recharge area report, where applicable.
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(3) Seawater Intrusion Protection Zones. Marine shorelines and islands are susceptible to a condition
that is known as seawater intrusion. Seawater intrusion is a condition in which the
saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot
obtain freshwater suitable for public consumption without significant additional treatment and cost.
Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of
aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily through
wells). New development, redevelopment, and land use activities on islands and in close proximity to
marine shorelines in particular should be developed in such a manner to maximize aquifer recharge
and maintain the saltwater/freshwater balance to the maximum extent possible. [Ord. 4-10 § 1 (Exh.
B); Ord. 3-08 § 1]
18.22.130 Protection standards.
(1) General. The following protection standards shall apply to land use activities in susceptible aquifer
recharge areas and special aquifer protection areas, and when specified in seawater intrusion
protection zones, unless mitigating conditions have been identified in a critical aquifer recharge report
that has been prepared pursuant to this article.
(2) Stormwater Disposal.
(a) In all critical aquifer recharge areas, stormwater runoff shall be controlled and treated in
accordance with best management practices and facility design standards as identified and
defined in the Stormwater Management Manual for the Puget Sound Basin, as amended, and the
stormwater provisions contained in Chapter 18.30 JCC.
(b) To help prevent seawater from intruding landward into underground aquifers, all new
development activity on Marrowstone Island, Indian Island and within one-quarter mile of any
marine shoreline shall be required to infiltrate all stormwater runoff on site. The administrator will
consider requests for exceptions to this policy on a case-by-case basis. This provision is
interpreted as establishing a hierarchy in which the first and best alternative is on-site infiltration
using drywells or other methods; the second best alternative is direct discharge into marine
waters through a stormwater tightline. In order to utilize the least preferred alternative, which is
considered an exception to the policy, applicants must demonstrate through a geotechnical or
similar report prepared by a licensed professional that both on-site infiltration and upland off-site
disposal are not practicable or feasible. The report must include cost figures for comparison.
(3) On-Site Sewage Disposal.
(a) All land uses identified in JCC 18.22.120 and special aquifer recharge protection areas that
are also classified as susceptible aquifer recharge areas (as defined in this article) shall be
designated areas of special concern pursuant to WAC Title 246.
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(i) Such designation shall identify minimum land area and best management practices for
nitrogen removal as design parameters necessary for the protection of public health and
groundwater quality.
(ii) Best management practices (BMPs) shall be adopted by action of the board of health.
(b) As new information becomes available that would classify an area as a special aquifer
recharge protection area or an area of special concern under this article, said area may be
designated as such by the county. Any additional areas of special concern designated through
this process shall receive the same protections identified in subsection (3)(a) of this section.
(4) Golf Courses and Other Turf Cultivation. In all critical aquifer recharge areas, 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. 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.
(5) Above-Ground Storage and Underground Storage Tanks. 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 be consistent with the Department
of Ecology’s standards for construction and installation under Chapter 173-360 WAC. Above-ground
storage tanks intended to hold or store hazardous substances shall be provided with an impervious
containment area, equivalent to or greater than 100 percent of the tank volume, enclosing and
underlying the tank; or ensure that other measures are undertaken as prescribed by the Uniform Fire
Code which provide an equivalent measure of protection. Underground storage tanks intended to store
hazardous substances shall provide an impervious tertiary containment area underlying the tanks or
ensure that other measures are undertaken which provide an equivalent measure of protection.
Application for installation of underground storage tanks not prohibited under this article, or application
for a conditional discretionary “C(d)” use permit approval, shall be accompanied by an aquifer
recharge report pursuant to this article.
(6) Mining and Quarrying. Mining and quarrying performance standards containing 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.
(7) Hazardous Materials. Land use activities that generate hazardous waste, which are not prohibited
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outright under this code, and which are conditionally exempt from regulation by the Washington
Department of Ecology under WAC 173-303-100, or which use, store, or handle hazardous
substances, shall be required to prepare and submit a hazardous materials management plan that
demonstrates that the development will not have an adverse impact on groundwater quality. The
facility owner must update the hazardous materials management plan annually.
(8) Well Drilling, Land Division, and Building Permits in Seawater Intrusion Protection Zones.
(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, must be sited at least 100 feet from “known or potential sources of contamination,”
which include “sea-salt water intrusion areas” (WAC 178-160-171), unless a variance is obtained
from Ecology per WAC 173-160-106.
(b) Subdivisions. Applications for land division (Chapter 18.35 JCC) must include specific and
conclusive proof of adequate supplies of potable water through a qualifying hydrogeologic
assessment (relevant components of an aquifer recharge area report per JCC 18.22.400) that
demonstrates that the creation of new lots and corresponding use of water will not impact the
subject aquifer such that water quality is degraded by seawater intrusion.
(i) Marrowstone Island Subdivision Moratorium. Due to documented seawater intrusion on
Marrowstone Island and the existence of undeveloped lots of record, Jefferson County has
imposed a moratorium on additional land divisions on the island until such time as public
water is available or it is demonstrated through the well monitoring program that
groundwater quality is not degrading due to seawater intrusion.
(c) 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 must be met, including Jefferson County health codes
and the Washington Administrative Code. Pursuant to Section 4 of the State “Guidelines for
Determining Water Availability for New Buildings” (Ecology Publication No. 93-27),
investigation and 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 Ecology.
(ii) All types of building permits that require proof of potable water use are subject to this
policy, specifically building permits for new single-family residences (SFRs) or other
structures with plumbing that are not associated with an existing SFR (i.e., shops or
garages with a bathroom).
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(d) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply
to development proposals 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.
(I) Water conservation measures;
(II) Ongoing well monitoring for chloride concentration;
(III) Submittal of data to county.
(B) Mandatory Actions.
(I) For proof of potable water on a building permit application, applicant must utilize
DOH-approved public water system if available;
(II) If public water is unavailable, 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 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, applicant must utilize
DOH-approved public water system if available;
(II) If public water is unavailable, 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
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building permit application;
2. Installation of a source-totalizing meter (flow);
3. Ongoing well monitoring for chloride concentration;
4. Submittal of flow and chloride data to the county per monitoring program;
(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 (per list maintained by UDC administrator);
(II) For proof of potable water on a building permit application, applicant must
utilize DOH-approved public water system if available;
(III) If public water is unavailable, an individual well may only be used as proof of
potable water subject to the following requirements:
1. Variance from WAC Title 173 standards granted by 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);
or for an existing groundwater well not subject to an Ecology variance, applicant
must provide a hydrogeologic assessment (relevant components of an aquifer
recharge area report per JCC 18.22.400), which shall be transmitted to 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;
2. Chloride concentration of a laboratory-certified well water sample submitted with
building permit application;
3. 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;
4. Installation of a source-totalizing meter flow;
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5. Ongoing well monitoring for chloride concentration;
6. Submittal of flow and chloride data to the county per monitoring program;
(IV) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iv) Marrowstone Island. In addition to all voluntary and mandatory actions associated with
the applicable SIPZ as described above, the following measures apply to all development
proposals on Marrowstone Island that include groundwater withdrawal:
(A) Voluntary Actions.
(I) Installation of timers together with new well pump installations to enable pump
use limitation to low demand times.
(B) Mandatory Actions.
(I) The use of a well proposed as proof of potable water for a new building permit
shall be conditioned through the building permit such that enrollment in a county-
sponsored monitoring program is required, including periodic submittal of flow and
chloride data as determined by the county.
(II) Installation of a source-totalizing meter (flow).
(III) Installation of a variable speed pump, controllable from the surface, in order to
enable reduction of withdrawal rate, as may be necessary.
(IV) Installation of a 1,000-gallon minimum storage tank that shall conform to
ANSI/NSF Standard 61.
(9) Mitigating Conditions. The administrator may require additional mitigating conditions, as needed, to
provide protection to all critical aquifer recharge areas 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 anti-degradation policy included
in Chapter 173-200 WAC.
(10) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval if
the protection standards contained herein or added mitigating conditions cannot prevent significant
adverse groundwater quality impacts. [Ord. 4-10 § 1 (Exh. B); Ord. 3-08 § 1]
18.22.135 Adaptive management.
As part of the periodic review and amendment to Jefferson County’s implementing regulations
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required under RCW 36.70A.130(4), Jefferson County shall review the need for and implement an
adaptive management program for groundwater resources in certain discrete geographic areas of the
county, consistent with the provisions of WAC 365-195-920(2). [Ord. 3-08 § 1]
Article IV. Frequently Flooded Areas
18.22.140 Incorporation by reference.
This article incorporates by reference the classification, designation and protection provisions
contained in the Jefferson County floodplain management ordinance (Chapter 15.15 JCC) with the
following addition:
(1) In addition to the insurance maps identified in the floodplain management ordinance (Chapter 15.15
JCC), flood hazard areas shall be identified with reference to the Federal Emergency Management
Agency (FEMA) 100-year floodplain designations. Such flood hazard areas shall be subject to the
criteria of the floodplain management ordinance.
(2) The floodplain management ordinance conforms with the intent of the minimum guidelines (WAC
365-190-080(3)) through directly considering the effects of flooding on human health and safety,
together with effects on public facilities and services, through its protection standards. [Ord. 3-08 § 1]
18.22.150 Relationship to other regulations.
While the Jefferson County floodplain management ordinance requires consistency with all other
applicable laws, in the event that a conflict should exist the stricter standard shall apply to the
regulated development. [Ord. 3-08 § 1]
Article V. Geologically Hazardous Areas
18.22.160 Classification/designation.
(1) Classification. Geologically hazardous areas shall be classified based upon a combination of
erosion, landslide and seismic hazard.
(2) Designation. The following erosion, landslide, seismic, and channel migration zone (CMZ) hazard
areas shall be subject to the standards of this article:
(a) Erosion Hazard Areas. Areas containing soils or soil complexes described and mapped
within the United States Department of Agriculture, Soil Conservation Service, Soil Survey for
Jefferson County as having a severe or very severe erosion hazard potential.
(b) Landslide Hazard Areas. Areas potentially subject to mass movement due to a combination
of geologic, topographic and hydrologic factors including:
(i) Areas of historic failures or potentially unstable slopes, such as:
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(A) Areas described and mapped as having severe or very severe building limitations
for dwellings without basements within the United States Department of Agriculture,
Soil Conservation Service, Soil Survey for Jefferson County;
(B) Areas described and mapped as recent or old landslides or slopes of unstable
materials within the Washington State Department of Ecology Coastal Zone Atlas of
Jefferson County; and
(C) Areas described and mapped as areas of poor natural stability, former landslides
and recent landslides by the Washington State Department of Natural Resources,
Division of Geology and Earth Resources;
(ii) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, or
undercutting by wave action; and
(iii) Areas with any indications of earth movement, such as:
(A) Rockslides;
(B) Earthflows;
(C) Mudflows; and
(D) Landslides.
(c) Seismic Hazard Areas. Areas subject to severe risk of damage as a result of earthquake-
induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These
areas are identified by the presence of: poorly drained soils with greater than 50 percent silt and
very little coarse material; loose sand or gravel, peat, artificial fill and landslide materials; or soil
units with high organic content.
(d) Channel Migration Zones (CMZs). Areas subject to the natural movement of stream channel
meanders. Those areas within the delineated high risk CMZ area (the area in which channel
migration is likely to occur within the next 50 years) are subject to this article. Disconnected
migration areas, which are areas that have been disconnected from the river by legally existing
artificial structure(s) that restrain channel migration (such as levees and transportation facilities
built above or constructed to remain intact through the 100-year flood elevation) and are no
longer available for migration by the river, shall be excluded from review under this article.
Moderately high, moderate, and low risk CMZs areas are also excluded from review under this
article.
(3) Sources Used for Identification. Sources used to identify geologically hazardous areas include, but
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are not limited to:
(a) United States Department of Agriculture, Soil Conservation Service, Soil Survey for Jefferson
County.
(b) Washington State Department of Ecology, Coastal Zone Atlas.
(c) Washington State Department of Natural Resources, Slope Stability and Geologic Maps of
Eastern Jefferson County.
(d) Washington State Department of Natural Resources, Geographic Information System: Soil
Survey.
(e) Washington State Department of Natural Resources, Geologic Maps of Eastern Jefferson
County, Compressibility of Earth Materials in Eastern Jefferson County.
(f) United States Department of the Interior, USGS Quad Maps.
(g) U.S. Department of the Interior, Bureau of Reclamation, 2004, Channel Migration Zone Study
for the Duckabush, Dosewallips, Big Quilcene and Little Quilcene Rivers, Jefferson County,
Washington. Denver, CO.
(h) Perkins Geosciences, 2006, Channel Migration Hazard Maps for the Dosewallips,
Duckabush, Big Quilcene and Little Quilcene Rivers, Jefferson County, Washington. Seattle,
WA.
(i) Perkins Geosciences with TerraLogic GIS, June 2004, Lower Hoh River Channel Migration
Study Summary Report.
(j) The following rivers are not regulated in this section as a result of not having mapped CMZs
(not an exhaustive list): Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon
Creek, Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
(4) Geologic Hazard Area Maps. The maps prepared by the county using the identification sources
listed in this section have been produced for informational purposes only and are not regulatory
devices forming an integral part of this code. [Ord. 6-09 § 1 (Exh. B); Ord. 3-08 § 1]
18.22.170 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated geologically
hazardous area or its buffer shall adhere to the requirements set forth below.
(2) Drainage and Erosion Control.
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(a) An applicant submitting a project application shall also submit, and have approved, a
drainage and erosion control plan, as specified in this chapter, when the project application
involves either of the following:
(i) The alteration of a geologically hazardous area or its buffer; or
(ii) The creation of a new parcel within a known geologically hazardous area.
(b) Drainage and erosion control plans required under this chapter shall discuss, evaluate and
recommend methods to minimize sedimentation of adjacent properties during and after
construction.
(c) Surface drainage shall not be directed across the face of a marine bluff, landslide hazard or
ravine. The applicant must demonstrate that the stormwater discharge cannot be accommodated
on site or upland by evidence of a geotechnical report, unless waived by the administrator. If
drainage must 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 OHWM.
(d) In addition to any erosion control methods specified in the drainage and erosion control plan,
the administrator may require hydroseeding of exposed or disturbed areas or other BMPs.
(3) Clearing and Grading.
(a) In addition to the general clearing and grading provisions in Chapter 18.30 JCC, the following
provisions shall also apply:
(i) Clearing within geologically hazardous areas shall be allowed only from April 1st to
November 1st, unless the applicant demonstrates that such activities would not result in
impacts contrary to the protection requirements herein;
(ii) Only that clearing necessary to install temporary sedimentation and erosion control
measures shall occur prior to clearing for roadways or utilities;
(iii) Clearing limits for roads, septic, water and stormwater utilities, and temporary erosion
control facilities shall be marked in the field and approved by the administrator prior to any
alteration of existing native vegetation;
(iv) Clearing for roads and utilities shall remain within construction limits which must be
marked in the field prior to commencement of site work; and
(v) The authorized clearing for roads and utilities shall be the minimum necessary to
accomplish project specific engineering designs and shall remain within approved rights-of-
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way.
(b) The following provisions regarding grading shall apply:
(i) An applicant submitting a project application shall also submit, and have approved, a
grading plan, as specified in this chapter, when the application involves either of the
following:
(A) The alteration of a geologically hazardous area or its buffer; or
(B) The creation of a new parcel within a known geologically hazardous area.
(ii) Excavation, grading and earthwork construction regulated under this section shall only
be allowed from April 1st to November 1st, unless the applicant demonstrates that such
activities would not result in impacts contrary to the protection requirements herein.
(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) During clearing for roadways and utilities, all trees and understory lying outside of approved
construction limits shall be retained; provided, that understory damaged during approved clearing
operations may be pruned.
(b) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(c) Retained trees, understory and stumps may subsequently be cleared only if such clearing is
necessary to complete the proposal involved in the triggering application.
(d) 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 within the JCC, the more restrictive protection
requirement applies.
(5) Buffer Marking. The location of the outer extent of landslide hazard area buffers shall be marked in
the field as follows:
(a) A permanent physical separation along the boundary of the landslide hazard area shall be
installed and permanently maintained. Such separation may consist of logs, a tree or hedgerow,
fencing, or other prominent physical marking approved by the administrator.
(b) Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or
every 100 feet, whichever is less. Signs shall remain in place prior to and during approved
construction activities. The signs shall contain the following statement: “Landslide Hazard Area
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& Buffer – Do Not Remove or Alter Existing Native Vegetation.”
(c) In the case of short plat, long plat, binding site plan or site plan approvals under this code,
the applicant shall include on the face of any such instrument the boundary of the landslide
hazard area and its buffer.
(6) Buffers – Standard Requirements. The following landslide hazard area buffer provisions shall
apply:
(a) Buffer areas shall be required to provide sufficient separation between the landslide hazard
area and the adjacent proposed project.
(b) The appropriate width of the landslide hazard area buffer shall be determined by either:
application of the standard buffer width set forth below; or by acceptance of a geotechnical report
meeting the criteria of this section.
(c) Buffers shall remain naturally vegetated. Where buffer disturbance has occurred during
construction, replanting with native vegetation shall be required.
(d) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to
enhance views may be permitted by the administrator on a case-by-case basis.
(e) All buffers shall be measured perpendicularly from the top, toe or edge of the landslide
hazard area boundary.
(f) A standard buffer of 30 feet shall be established from the top, toe and all edges of landslide
hazard areas.
(g) A building setback line is required to be five feet from the edge of any buffer area for a
landslide hazard area or to outside the full extent of the high risk channel migration zone (CMZ),
whichever is greater.
(7) Reducing Buffer Widths. The administrator may reduce the standard landslide hazard area buffer
width only when the project applicant demonstrates, to the satisfaction of the administrator, that the
project cannot meet the required setback. The reduced buffer must adequately protect the proposed
project from the risks of the landslide hazard area to the maximum extent possible. Under no
circumstances shall the buffer width be reduced to less than 15 feet.
(8) Increasing Buffer Widths. The administrator may increase the standard landslide hazard area
buffer width when a larger buffer is necessary to protect the proposed project and the landslide hazard
area. This determination shall be made when the administrator demonstrates any one of the following
through appropriate documentation:
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(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.
(9) Geotechnical Report.
(a) An applicant submitting a project application shall submit, and have approved, a geotechnical
report, as specified in Article VIII of this chapter, when the application involves any of the
following:
(i) The alteration of a landslide hazard area or its buffer.
(ii) The creation of a new parcel within a known landslide hazard area.
(iii) The construction of a publicly owned facility in a designated seismic hazard area.
(b) Where a geotechnical report is required for a landslide hazard area, the project application
shall not be approved unless the geotechnical report certifies all of the following:
(i) There is minimal landslide hazard as proven by a lack of evidence of landslide activity in
the vicinity in the past;
(ii) An analysis of slope stability indicates that the proposal will not be subject to risk of
landslide, or the proposal or the landslide hazard area can be modified so that hazards are
eliminated;
(iii) The proposal will not increase surface water discharge or sedimentation to adjacent
properties beyond predevelopment conditions;
(iv) The proposal will not decrease slope stability on adjacent properties; and
(v) All newly created building sites will be stable under normal geologic and hydrogeologic
conditions (if applicable).
(c) Where a geotechnical report is required for a seismic hazard area, the project application
shall not be approved unless the geotechnical report demonstrates that the proposed project will
adequately protect the public safety. [Ord. 6-09 § 1 (Exh. B); Ord. 3-08 § 1]
18.22.180 Conditions.
(1) General. In granting approval for a project application subject to the provisions of this article, the
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administrator may require mitigating conditions that will, in the administrator’s judgment, substantially
secure the objectives of this article.
(2) Basis for Conditions. All conditions of approval required pursuant to this section shall be based
upon either the substantive requirements of this section or the recommendations of a qualified
professional, contained within a special report required under this chapter. [Ord. 6-09 § 1 (Exh. B);
Ord. 3-08 § 1]
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.195 Compliance alternatives.
Article VI sets forth the prescriptive requirements. Applicants for development permits or approvals
subject to this article may elect to comply with the critical area stewardship plan (CASP) provisions
set forth in Article IX of this chapter in lieu of the prescriptive requirements set forth herein. [Ord. 3-08
§ 1]
18.22.200 Classification/designation.
(1) Classification. Fish and wildlife habitat conservation areas (FWHCAs) are those areas identified
as being of critical importance to the maintenance of endangered, threatened, or sensitive species of
fish, wildlife and/or plants, or species of local importance. These areas are typically identified either
by known point locations of specific species (such as a nest or den) or by habitat areas or both. All
areas within the county meeting these criteria are hereby designated critical areas and are subject to
the provisions of this article.
(2) Mapping. The approximate location and extent of identified fish and wildlife habitat conservation
areas (FWHCAs) are shown on the county’s critical area maps. These maps are to be used as a
guide and do not provide a definitive critical area determination. The county shall update the maps as
new FWHCAs are identified or new information related to updates to existing maps becomes
available.
(3) Designation. The following are designated as fish and wildlife habitat conservation areas
(FWHCAs):
(a) Areas with which endangered, threatened, and sensitive species listed by the federal or state
government have a primary association.
(i) Federally designated and threatened species are those fish and wildlife species identified
by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in
danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife
Service and the National Marine Fisheries Services should be consulted for current listing
status.
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(ii) State endangered, threatened, and sensitive species are those species native to the
state of Washington identified by the State Department of Fish and Wildlife that are in
danger of extinction, threatened to become endangered, vulnerable, or declining and are
likely to become endangered within the state. The state maintains the list of these species
in WAC 232-12-014 (endangered species) and in WAC 232-12-014 (threatened and
sensitive species). The State Department of Fish and Wildlife should be consulted for
current listing status.
(b) Rivers and streams not otherwise protected under Washington State Forest Practices
regulations (Chapter 76.09 RCW and WAC Title 222) that have FWHCAs are protected
according to stream type.
(c) Lands covered under the Forest Practices Act. Forested areas in Jefferson County provide
protection as FWHCAs under the Forest Practices Act (Chapter 76.09 RCW) and forest
practices regulations (WAC Title 222).
(d) Commercial and recreational shellfish areas, including designated shellfish habitat
conservation areas (note: shellfish aquaculture activities within all public and private tidelands
and bed lands suitable for shellfish harvest are allowed uses; such activities include but are not
limited to bed marking, preparation, planting, cultivation, and harvest).
(e) Kelp and eelgrass beds.
(f) Surf smelt, Pacific herring, and Pacific sand lance spawning areas.
(g) Natural area preserves and natural resource conservation areas.
(h) All areas designated by the Department of Natural Resources (DNR) through the Washington
Natural Heritage Program as high quality wetland ecosystems and high quality terrestrial
ecosystems.
(i) Species and habitats of local importance established pursuant to the process delineated in
JCC 18.22.210. [Ord. 3-08 § 1]
18.22.210 Process and requirements for designating habitats of local importance as critical
areas.
(1) Purpose. This section describes the process 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 species
and habitats of local importance, as well as removing such species and habitats from designation if
necessary.
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(2) Definition. The use of the term “habitat” in this section includes areas designated as “wildlife
corridors.”
(3) Procedure for Designation – 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 Chapter 18.40 JCC.
(4) Nominations/Applications. Any person, organization, or Jefferson County agency may nominate
and apply for designation a species or habitat of local importance. A nominating person or
organization must be a resident of, or headquartered in, Jefferson County.
(5) Nomination/Application Submittal.
(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) All nominations/applications for designation of a species/habitat of local significance shall
include 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 nominated species or the nominated habitat itself if
not associated with a 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) 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 nomination;
(iv) A management strategy for the species or habitat;
(v) Indications as to whether the proposed management strategy has been peer reviewed,
and if so, how this was done and by whom;
(vi) Where restoration of habitat is proposed, a specific plan, including how the restoration
will be funded, must be provided as part of the nomination;
(vii) Recommendations for allowed, exempt, and regulated activities within the area;
(viii) Recommended buffer and setback requirements and their justification;
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(ix) Seasonal requirements;
(x) A monitoring plan must be practical and achievable and include the following:
(A) Baseline data and a description of what measurements will be used to determine
the success of the project. The plan shall include the criteria and time period required
to evaluate the success of the plan;
(B) A contingency plan for failure;
(C) A list of all parcels not included in the nomination but affected by the monitoring
process;
(xi) The nomination must also include an economic impact, cost and benefits analysis. The
nomination must also include an analysis of alternative solutions to formal designation of the
habitat of local importance as a regulated critical area under this chapter.
(c) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson
County to process the application.
(6) Review and Approval Criteria.
(a) Species nominated for designation under this section must satisfy the following criteria:
(i) Local populations that are in danger of extirpation based on documented trends since the
adoption of the Growth Management Act;
(ii) The species is sensitive to habitat manipulation;
(iii) The species or habitat has commercial, game, or other special value such as locally
rare species;
(iv) The nomination includes an analysis of the proposal using best available science; and
(v) The 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 is a likelihood that the species will not maintain and
reproduce over the long term, or that a unique habitat will be lost.
(b) Habitats nominated for designation under this section must satisfy the following criteria:
(i) Where a habitat is nominated to protect a species, the use of the habitat by that species
must be documented or be highly likely or the habitat is proposed to be restored with the
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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) Areas nominated to protect a particular habitat 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;
(iii) The 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 nomination
shall specify those features that are required for the corridor to remain viable to support and
protect the nominated species.
(7) Review and Approval Process.
(a) The department of community development shall determine whether the application submittal
is complete. If deemed complete, the department shall evaluate the proposal for compliance with
the approval criteria set forth in this section and make a recommendation to the planning
commission based on those criteria. The department 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 department, the planning
commission shall hold a public hearing, and make a recommendation to the board of
commissioners based upon the approval criteria set forth 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
department, 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.
(8) Removal from Designation. Species or habitats of local significance may be removed at any time;
provided, that they no longer meet the criteria set forth in subsection (5) of this section (e.g., as a
result of a natural catastrophe or climatic change event); and provided further, that the procedural
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requirements of this section and the procedural requirements established for Type V land use
decisions set forth within Chapter 18.40 JCC are met. [Ord. 3-08 § 1]
18.22.220 Sources used for identification.
Sources used to identify fish and wildlife habitat conservation areas (FWHCAs) include, but are not
limited to, the following:
(1) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory.
(2) Washington State Department of Natural Resources, Water Type Index Maps.
(3) Washington State Department of Fish and Wildlife, Non-Game and Priority Habitats and Species
databases.
(4) Public and private tidelands or bedlands suitable for shellfish harvest and identified by the
Washington Department of Health’s classification system and shellfish protection districts established
pursuant to Chapter 90.72 RCW.
(5) Kelp and eelgrass beds may be classified and identified with the Department of Natural Resources
Aquatic Lands Program and the Department of Ecology (note: many locations are compiled in the
Puget Sound Environmental Atlas).
(6) Herring and smelt spawning times and locations are outlined in WAC 220-110-240 through 220-
110-250, Hydraulic Code Rules, Technical Report No. 79, and the Puget Sound Environmental Atlas.
[Ord. 3-08 § 1]
18.22.230 Fish and wildlife habitat conservation area (FWHCA) maps.
County maps identifying FWHCAs have been produced for informational purposes only and are not
regulatory devices forming an integral part of this article. [Ord. 3-08 § 1]
18.22.250 Regulated activities.
Any land use or development 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 that are directly undertaken or originate in a FWHCA or its buffer, unless otherwise
exempted under JCC 18.22.070:
(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
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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. Submittal of a habitat management plan which demonstrates that
the alternatives would not result in significant impacts to the fish and wildlife habitat area
(FWHCA) may be required;
(b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing
site exists. For new development proposals, if existing crossings are determined to adversely
impact salmon spawning or passage areas, new or upgraded crossings shall be located as
determined necessary through coordination with the Washington State Department of Fish and
Wildlife;
(c) Bridge piers or abutments shall not be placed either within the floodway or between the
ordinary, high water marks unless no other reasonable alternative placement exists;
(d) All stream crossings shall be designed based on the 100-year projected flood flows, even in
non-fish bearing Type Np and Ns streams. In addition, crossings for Type S and F streams
should allow for downstream transport of large woody debris;
(e) Crossings shall serve multiple properties whenever possible; and
(f) 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 or their buffers only when no
practicable or reasonable alternative location is available and the utility corridor 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 are not permitted in FWHCAs or their
buffers, except that they may be permitted in a buffer area when the applicant demonstrates it is
necessary to meet state and/or local health code requirements; 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.
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(d) Utility corridor construction and maintenance shall protect the environment of fish and wildlife
habitat areas and their buffers.
(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.
(3) Bank Stabilization.
(a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring
earth movement threatens existing legal structures (structure is defined for this purpose as
those requiring a building permit pursuant to the building code), 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. 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 floodplain management ordinance (Chapter 15.15 JCC).
(b) The administrator shall require that bank stabilization be designed by a professional engineer
licensed in the state of Washington with demonstrated expertise in hydraulic actions of
shorelines. For bank stabilization projects within FWHCAs, the applicant must provide a
geotechnical report that demonstrates that bioengineering solutions (vegetation versus hard
surfaces) are infeasible. The report must document the engineering rationale why bioengineering
solutions are infeasible in a manner that can be confirmed through review by other engineering
professionals. Bank stabilization projects may also require a hydraulic project approval from the
Washington Department of Fish and Wildlife that will be determined after consultation with
WDFW.
(4) Gravel Mining. Gravel mining is discouraged within FWHCAs or their buffers, and it shall not be
permitted if it causes unmitigatable significant adverse impacts, but it may be allowed following the
review and approval of a habitat management plan, including a detailed mining and reclamation plan
pursuant to the applicable performance standards in JCC 18.20.240 or as otherwise required in this
code.
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(5) Forest Practices, Class IV General. Timber harvesting with associated development activity
involving land conversions from forest use, or otherwise meeting the DNR definition as a Class IV
General application, shall comply with the provisions of this article, including the maintenance of
buffers, where required.
(6) Road/Street Repair and Construction. Any private or public road or street expansion or
construction which is allowed in a FWHCA or its buffer shall comply 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.;
(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; and
(d) Construction time limits shall be determined in consultation with the Washington Department
of Fish and Wildlife in order to ensure species and habitat protection.
(7) Outdoor Recreation, Education and Trails. Activities and improvements that do not significantly
affect the function of the FWHCA or regulated buffer (including viewing structures, outdoor scientific
or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs or their buffers.
(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 and/or critical characteristics of the
affected FWHCA;
(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. Chemical applications are not permitted within FWHCAs unless
expressly approved as part of a farm plan, forest practices application, or for the control of invasive
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or noxious plant species. In cases where approved chemical applications occur as part of a forest
practices application or farm plan, proper reporting procedures shall be followed. Chemical storage
shall not be permitted within a FWHCA or its buffer. [Ord. 3-08 § 1]
18.22.265 Habitat management plans – When required.
When a development proposal is located on lands which may contain a habitat for a protected species
other than bald eagle nesting territories, or when the applicant proposes to alter, decrease or average
the standard buffer, a habitat management plan (HMP) shall be required, consistent with the
requirements of JCC 18.22.440. [Ord. 3-08 § 1]
18.22.270 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated FWHCA or
its buffer shall adhere to the requirements set forth in this section.
(2) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and
have approved, a drainage and erosion control plan, as specified in this chapter.
(3) Grading. An applicant submitting a project application shall also submit, and have approved, a
grading plan, as specified in this chapter.
(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) All trees and understory lying outside of road rights-of-way and utility easements shall be
retained (except for hazard trees) during clearing for roadways and utilities; provided, that
understory damaged during approved clearing operations may be pruned.
(b) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(c) Retained trees, understory and stumps may subsequently be cleared only if such clearing is
necessary to complete the proposal involved in the project application.
(5) Buffers – Standard Requirements. The administrator shall have the authority to require buffers
from the edges of all FWHCAs in accordance with the following:
(a) Buffers 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 set
forth in Tables 18.22.270(1) and 18.22.270(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
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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
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) Prescriptive FWHCA Buffers.
(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the stream functions and values at the time of the proposed activity.
When a buffer lacks adequate vegetation to protect critical area functions, the administrator
may deny 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) as identified in the field. Nevertheless, the
required buffer shall include any adjacent regulated wetland(s), landslide hazard areas
and/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; provided, that 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 18.22.270(1): Stream Buffers*
Stream Type Buffer
Requirement
Type “S” – Shoreline
Streams
150 feet
Type “F” – Fish
Bearing Streams
150 feet
Type “Np”– Non-
Fish Bearing
Perennial Streams
75 feet
Type “Ns” – Non-
Fish Bearing
Seasonal Streams
greater than or equal
to 20% grade
75 feet
Type “Ns” – Non-50 feet
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Fish Bearing
Seasonal Streams
less than 20% grade
*Note:
(a) The buffers set forth above shall
apply to culverted streams; though in
limited circumstances, a variance may
be made in the application of stream
buffers under Article IX of Chapter
18.40 JCC.
(b) Stream type shall be determined
using the criteria set forth in WAC 222-
16-030.
(iii) Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths
for other FWHCAs based on the best available information. Buffer widths for nonstream
habitat conservation areas shall be as follows:
Table 18.22.270(2): Buffers for Other FWHCAs
FWHCA Type Buffer Requirement
Areas with Which Federally Listed
Species Have a Primary Association
Buffers shall be 150 feet; provided, that 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 and/or the
opinions and recommendations of a qualified
professional with appropriate expertise.
Commercial and Recreational
Shellfish Areas
Buffers shall extend 150 feet landward from
ordinary high water mark of the marine shore.
Kelp and Eelgrass Beds Buffers shall extend 150 feet landward from
ordinary high water mark of the marine shore.
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.
Natural Ponds and Lakes 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, that where vegetated wetlands
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are associated with the shoreline, the buffer
shall be based on the wetland buffer
requirements.
Natural Area Preserves and Natural
Resource Conservation Areas
Buffers shall not be required adjacent to these
areas. These areas are assumed to encompass
the land required for species preservation.
Locally Important Habitat Areas The buffer for marine nearshore habitats shall
extend landward 150 feet from the ordinary high
water mark.
The need for and dimensions of buffers for
other locally important species or habitats shall
be determined on a case-by-case basis,
according to the needs of the specific species
or habitat area of concern. Buffers shall not be
required adjacent to the wildlife corridor. The
administrator shall coordinate with the
Washington Department of Fish and Wildlife
and other state, federal or tribal experts in
these instances, and may use WDFW PHS
management recommendations when available
and applicable.
(6) The administrator shall have the authority to reduce buffer widths on a case-by-case basis;
provided, that the specific standards for avoidance and minimization set forth in JCC 18.22.350(1)
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.
(c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not
exceed 30 percent.
(7) The administrator shall have the authority to average buffer widths on a case-by case basis;
provided, that the specific standards for avoidance and minimization set forth in JCC 18.22.350(1)
shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all the
following criteria are met:
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(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 is not reduced to less than 75 percent of the standard width.
(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 pursuant to subsection
(6) of this section.
(8) Buffer Marking. The location of the outer extent of required buffers shall be marked in the field as
follows:
(a) During Construction. Buffer perimeters shall be marked with temporary signs at an interval of
one per parcel or every 100 feet, whichever is less. Signs shall remain in place prior to and
during approved construction activities. The signs shall contain the following statement: “Buffer –
Do Not Remove or Alter Existing Native Vegetation.”
(9) 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.
(10) 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. 3-08 § 1]
18.22.280 Conditions.
(1) General. In granting approval for a project application subject to the provisions of this article, the
administrator may require mitigating conditions that will, in the administrator’s judgment, substantially
secure the objectives of this article.
(2) Basis for Conditions. All conditions of approval required pursuant to this article shall be based
upon either the substantive requirements of this article or the recommendations of a qualified
professional utilizing best available science, contained within a special report required under this
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chapter. [Ord. 3-08 § 1]
Article VII. Wetlands
18.22.290 Stewardship alternative.
Article VII sets forth the prescriptive requirements for wetlands. Applicants for development permits
or approvals subject to this article may elect to comply with the critical area stewardship plan (CASP)
provisions set forth in Article IX of this chapter in lieu of the prescriptive requirements set forth herein.
CASP may be applied within Category II, III, and IV wetlands and buffers, and within buffers in
Category I. They cannot be used in Category I wetlands. [Ord. 3-08 § 1]
18.22.300 Classification/designation.
(1) Classification. Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No. 04-06-025), or as
amended. Wetland rating categories shall not be determined based upon illegal modification of the
land. Wetland delineations shall be determined by using the Washington State Wetlands Identification
and Delineation Manual, March 1997, or as amended hereafter.
(2) Designation. As determined using the 1997 Washington State Department of Ecology’s
Washington State Wetlands Identification and Delineation Manual (Ecology Publication No. 96-94 or
as amended), wetlands shall be designated as critical areas and regulated under this article
regardless of size; provided, that Category IV wetlands 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 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) as
defined in the section of this chapter dealing with FWHCAs, 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 associated with a shoreline of the state as defined by the county’s
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.
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(3) Sources Used for Identification. The following sources should be used to identify potential wetland
locations. Sources include, but are not limited to:
(a) United States Department of the Interior, Fish and Wildlife Service, National Wetlands
Inventory.
(b) United States Department of Agriculture, Soil Conservation Service, Soil Survey of Jefferson
County Areas, Washington.
(c) United States Department of Agriculture, Natural Resources Conservation Service, Hydric
Soils List, Jefferson County Area.
(d) County critical areas mapping. The wetland maps prepared by the county have been
produced for informational purposes only and are not regulatory devices forming an integral part
of this article. [Ord. 3-08 § 1]
18.22.310 Regulated activities.
Any land use or development activity shall be subject to the provisions of this Article VII, including,
but not limited to, the following activities that are directly undertaken or originate in a regulated
wetland or its buffer, unless exempted under JCC 18.22.070:
(1) The removal, excavation, grading, or dredging of material of any kind, including the construction of
ponds and trails;
(2) The dumping or discharging of any material, or placement of any fill;
(3) The draining, flooding, or disturbing of the wetland water level or water table;
(4) The driving of pilings;
(5) The placing of obstructions;
(6) The construction, reconstruction, demolition, or expansion of any structure;
(7) 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
the character of a regulated wetland; provided, that these activities are not part of a forest practice
governed under Chapter 76.09 RCW (Forest Practices Act) and its rules;
(8) Activities that result in:
(a) A significant change of water temperature;
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(b) A significant change of physical or chemical characteristics of wetlands water sources,
including quantity; or
(c) The introduction of pollutants; or
(9) Wetland Buffers. In addition to those activities allowed in regulated wetlands in this article, the
following activities are allowed within wetland buffers without having to meet the protection standards
or requirements for wetland studies or mitigation, set forth in this article; provided, that impacts to
buffers are minimized and that disturbed areas are immediately restored except as specifically
allowed in JCC 18.22.070.
(a) Activities having minimal adverse impacts on buffers and no adverse impacts on regulated
wetlands. These include low intensity, passive recreational activities, such as pervious trails,
nonpermanent wildlife watching blinds, scientific or educational activities, and sports fishing or
hunting. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not
include any impervious surfaces.
(b) Within the buffers of Category III and IV wetlands only, vegetation-lined swales designed for
stormwater management or conveyance when topographic restraints determine there are no
other upland alternative locations. 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. [Ord. 3-08 § 1]
18.22.330 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated wetland or
its buffer shall adhere to the requirements set forth below.
(2) Delineation. An applicant submitting a project application shall also submit, and have approved, a
wetland delineation report as specified in JCC 18.22.450. Additionally, the following provisions shall
apply:
(a) The location of the wetland and its boundary shall be determined through the performance of
a field investigation utilizing the methodology contained in the Washington State Wetlands
Identification and Delineation Manual, March 1997, or as amended hereafter.
(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.
(c) The wetland boundary shall be staked or flagged in the field.
(d) This requirement may be waived under the following circumstances:
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(i) Single-Family Residences. The requirement for a wetland delineation and special report
may be waived by the administrator for construction of a single-family residence on an
existing lot of record if DCD 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 18.22.330(1) from the
estimated wetland boundary.
“Qualified wetland evaluator” means an individual recognized and acceptable to the
administrator in using the most current edition of the Department of Ecology’s Washington
State Wetland Rating System for Western Washington (2004), Ecology Publication No. 04-
06-025, or as amended, in categorizing and rating wetlands.
(ii) Subdivisions and Short Subdivisions. The requirement for a wetland delineation and
special report will be waived for subdivisions and short subdivisions of an existing lot of
record if a site assessment made by a qualified wetland evaluator indicates the following:
(A) Sufficient information exists to estimate the boundaries of a wetland without a
delineation; and
(B) Building envelopes or building setback lines are not proposed to be located within
the distances identified in Tables 18.22.330(1), (2) and (3) from the estimated wetland
boundary.
(3) Wetland Buffer Requirements. Wetland buffer widths shall be prescribed and established based
upon the category of the wetland, the wetland rating scores and the impact level of the proposed land
use. The resulting buffers are shown in Tables 18.22.330(1), (2), and (3) (for low, moderate and high
impact land uses).
(a) The category and rating scores of a wetland shall be determined by a qualified wetland
evaluator who must be recognized and acceptable to the administrator and use the most current
edition of the Department of Ecology’s “Wetlands in Washington State Volume 2: Guidance for
Protecting and Managing Wetlands” (DOE Publication No. 05-06-0008) in categorizing and rating
wetlands.
(b) There are three land use impact level types. Each type is presented with the table containing
the buffer widths that would be prescribed for its associated wetland category.
(c) Proposals for development will have three options for deciding what their buffer distance will
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be. A buffer distance is the closest distance the proposed development can be to the wetland
boundary.
(i) The stewardship plan option, as detailed in Article IX of this chapter.
(ii) The Professionally Delineated Boundary Option. A prescriptive buffer distance based on
an actual delineation of the wetland boundary as determined by a qualified wetland evaluator
(cost is the responsibility of proponent). This buffer distance will be measured outward from
the delineated wetland boundary. Refer to the column in the tables with the word
“delineation” in the heading.
(iii) The Apparent Boundary Option. A prescriptive buffer distance based on the apparent
location of the wetland boundary as proposed by the county’s wetland specialist. In these
cases the buffer will be the total distance calculated using the buffer distance as shown in
the “delineation” column of the tables plus an additional 20 to 50 feet, depending upon
wetland category (shown in the “nondelineation” column of the table). This calculated buffer
distance will be measured outward from the apparent wetland boundary.
(4) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and
have approved, a drainage and erosion control plan as specified in this chapter. The plan shall
discuss, evaluate and recommend methods to minimize sedimentation of designated wetlands during
and after construction.
(5) Buffer Marking. Upon approval of the delineation report, the location of the outer extent of the
wetland buffer shall be marked in the field as follows:
(a) A permanent physical indicator along the upland boundary of the wetland buffer area shall be
installed and permanently maintained.
(b) During construction activities, buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or every 100 feet, whichever is less. Signs shall remain in place prior
to and during approved construction activities. The signs shall contain the following statement:
“Wetland & Buffer – Do Not Remove or Alter Existing Native Vegetation.”
(c) 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 wetland and its
buffer.
(d) 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.
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(6) 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 are those areas separated from a wetland that do not
protect the wetland from adverse impacts. Buffers need not include areas that are
functionally isolated and physically disconnected from the wetland by a substantial
developed surface such as a dike, building, parking lot, or road. In determining whether or
not a buffer area is functionally isolated, the administrator shall take into consideration
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 40 percent, and/or lacks adequately dense and
diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer
averaging.
(b) The prescribed buffer widths shall be established on the basis of the following factors:
(i) The wetland’s value and sensitivity to disturbance, based on its category (I, II, III, IV) as
determined by the total score on the rating form for the wetland rating system;
(ii) The expected level of impact of the proposed adjacent land use, as determined from
Tables 18.22.330(1), (2), and (3). 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.
Table 18.22.330(1)
WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS
FOR LOW IMPACT LAND USES
Low impact land uses shall include the following:
• Private driveways serving no more than two residential parcels;
• Unpaved trails (when not exempted by JCC 18.22.070);
• Utility corridors (private or public) without a maintenance road;
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• Landscaping, lawns, gravel driveways, etc.
Wetland Category
Wetland Characteristics
• Habitat (H)
• Water Quality (WQ)
Buffer Width with
an Identified
Wetland
Boundary
(Delineated)
+ An Additional
Distance from
an Apparent
Wetland
Boundary (Not
Delineated)
IV
(Total of scores for
all functions is less
than 15 points)
[Total of scores less than
15 points]
25 feet +20 feet
III
(Total of scores for
all functions is 16 –
19 points)
[With H score 5 – 7
points]
[Not meeting above
characteristic]
75 feet
40 feet
+30 feet
II
(Total of scores for
all functions is 20 –
22 points
or having “special
characteristics”
identified
in the rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Estuarine]
[Interdunal]
[Not meeting above
characteristics]
50 feet
150 feet
75 feet
75 feet
75 feet
50 feet
+40 feet
I
(Total of scores for
all functions is more
than 23 points or
having “special
characteristics”
identified
in the rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High
Conservation Value]
[Bog]
[Forested]
[Not meeting above
50 feet
150 feet
75 feet
100 feet
100 feet
125 feet
125 feet
Buffer width based
on score for H
functions or WQ
functions
50 feet
+50 feet
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characteristics]
Note: Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No.
04-06-025), the 2014 Washington State Department of Ecology’s Update (Publication
No. 14-06-019), or as amended.
Table 18.22.330(2)
WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS
FOR MODERATE IMPACT LAND USES
Moderate impact land uses shall include the following:
• Single-family residential use on parcels of one acre or larger;
• Private roads or driveways serving three or more residential parcels;
• Paved trails;
• Passive recreation areas;
• Utility corridors (private or public) with a maintenance road;
• Class IV-General forest conversions, including conversion option harvest plans.
Wetland Category
Wetland
Characteristics:
• Habitat (H)
• Water Quality (WQ)
Buffer Width
with an
Identified
Wetland
Boundary
(Delineated)
+ An Additional
Distance from an
Apparent Wetland
Boundary
(Not Delineated)
IV
(Total of scores for
all functions is less
than 15 points)
[Total of scores less than
15 points]
40 feet +20 feet
III
(Total of scores for
all functions is 16 –
19 points)
[With H score 5 – 7
points]
[Not meeting above
characteristic]
110 feet
60 feet
+30 feet
II
(Total of scores for
all functions is 20 –
22 points or having
“special
characteristics”
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Estuarine]
75 feet
225 feet
110 feet
110 feet
110 feet
+40 feet
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identified in the
rating form)
[Interdunal]
[Not meeting above
characteristics]
75 feet
I
(Total of scores for
all functions is
more than 23
points or having
“special
characteristics”
identified in the
rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High
Conservation Value]
[Bog]
[Forested]
[Not meeting above
characteristics]
75 feet
225 feet
110 feet
150 feet
150 feet
190 feet
190 feet
Buffer width
based on score
for H functions or
WQ functions
75 feet
+50 feet
Note: Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No.
04-06-025), the 2014 Washington State Department of Ecology’s Update (Publication
No. 14-06-019), or as amended.
Table 18.22.330(3)
WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS
FOR HIGH IMPACT LAND USES
High impact land uses shall include the following:
• Single-family residential use on parcels smaller than one acre;
• Commercial, multifamily, industrial and institutional uses;
• Public roads.
Wetland Category
Wetland Characteristic:
• Habitat (H)
• Water Quality (WQ)
Buffer Width
with an Identified
Wetland
Boundary
(Delineated)
+ An Additional
Distance from an
Apparent Wetland
Boundary
(Not Delineated)
IV [Total of scores less than 50 feet +20 feet
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(Total of scores for
all functions is less
than 15 points)
15 points]
III
(Total of scores for
all functions is 16 –
19 points)
[With H score 5 – 7
points]
[Not meeting above
characteristic]
150 feet
80 feet
+30 feet
II
(Total of scores for
all functions is 20 –
22 points or having
“special
characteristics”
identified in the
rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Estuarine]
[Interdunal]
[Not meeting above
characteristics]
100 feet
300 feet
150 feet
150 feet
150 feet
100 feet
+40 feet
I
(Total of scores for
all functions is
more than 23 points
or having “special
characteristics”
identified in the
rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High
Conservation Value]
[Bog]
[Forested]
[Not meeting above
characteristics]
100 feet
300 feet
150 feet
200 feet
200 feet
250 feet
250 feet
Buffer width based
on score for H
functions or WQ
functions
100 feet
+50 feet
Note: Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No.
04-06-025), the 2014 Washington State Department of Ecology’s Update (Publication
No. 14-06-019, or as amended.
(7) Reducing Buffer Widths. Upon submission of a special report by a qualified professional that
demonstrates a buffer reduction does not have any adverse impact on the existing functions and
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values of the wetland, the administrator shall have the authority to reduce the prescribed buffer
widths, (within a defined area), listed in the section above; provided, that all of the following shall
apply:
(a) The buffer of a Category I or II wetland is not reduced to less than 75 percent of the required
buffer or 50 feet, whichever is greater;
(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;
(d) Buffer area reduction shall be minimized to accommodate only those structures and
appurtenances as approved by the administrator.
(8) Averaging Buffer Widths. Upon submission of a special report by a qualified professional that
demonstrates a buffer reduction does not have any adverse impact on 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, that all of the following shall apply:
(a) The buffer averaging does not have any adverse impact on the functions and values of the
wetland;
(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 in order to avoid the creation of panhandles;
(c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions,
and the buffer boundary takes into account 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 has not been reduced in accordance with subsection (5) of this section. Buffer
averaging is not allowed if the width of the entire buffer has been reduced already. [Amended
pursuant to Ecology’s 2014 update to the 2004 Wetlands Rating System; Ord. 3-08 § 1]
18.22.340 Noncompensatory enhancement.
Noncompensatory enhancement projects are those which are conducted solely to increase the
functions and values of an existing wetland and which are not required to be conducted pursuant to
the mitigation requirements of JCC 18.22.330. There are two types of noncompensatory
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enhancement:
(1) Type 1 Noncompensatory Enhancement. Type 1 noncompensatory enhancement projects involve
the filling, draining, or excavating of a regulated wetland. All applications for Type 1 noncompensatory
enhancement projects shall be accompanied by an enhancement plan prepared in accordance with
subsections (1)(a) and (1)(b) of this section, which demonstrates that the proposed activities will
result in an increase in wetland functions and values.
(a) The enhancement plan must be submitted for review, and approved by the administrator.
(b) The enhancement plan must either be prepared by a qualified wetlands consultant or
accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish
and Wildlife, or the Washington Department of Ecology.
(2) Type 2 Noncompensatory Enhancement. Type 2 noncompensatory enhancement projects involve
wetland alterations that do not include the filling, draining, or excavating of a regulated wetland. Such
projects might involve the removal of nonnative plant species or the planting of native plant species.
All applications for Type 2 noncompensatory enhancement projects shall be accompanied by an
enhancement plan prepared in accordance with subsections (2)(a) through (2)(c) of this section,
which demonstrates that the proposed activities will result in an increase in wetland functions and
values.
(a) The enhancement plan shall be submitted for review, and approved, by the administrator.
(b) The enhancement plan must include a detailed description of the activity including the
following information:
(i) The goal of the enhancement project;
(ii) What plants, if any, will be removed or planted;
(iii) How the activity will be conducted, including the type(s) of tools or machinery to be
used; and
(iv) The qualifications of the individual who will be conducting the enhancement activity.
(c) The enhancement plan must either be prepared by a qualified wetlands consultant or
accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish
and Wildlife, or the Washington Department of Ecology. [Ord. 3-08 § 1]
18.22.350 Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and acreage.
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(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse
impacts to regulated wetlands or their buffers. When a proposed use or development activity poses
potentially significant adverse impacts to a regulated wetland or its 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 actions on that
portion of the site which contains the regulated wetland or its buffer;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action; or
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
(2) Compensatory Mitigation – General Requirements. As a condition of any permit or other approval
allowing alteration which results in the loss or degradation of regulated wetlands, or as an
enforcement action pursuant to Chapter 18.50 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 restore or create areas of wetland equivalent to or larger than those
altered in order to compensate for wetland losses. The following table specifies the ratios that
apply to creation or restoration that is in-kind, on-site, and is accomplished prior to or
concurrently with alteration:
Table 18.22.350
Required Replacement Ratios for Compensatory Wetland Mitigation
Category
and Type
of
Wetland
Impacts
Re-
establishment
or Creation
Rehabilitation
Only1
Re-
establishment
or Creation
(R/C) and
Rehabilitation
(RH)1
Re-
establishment
or Creation
(R/C) and
Enhancement
(E)1
Enhancement
Only1
All
Category
1.5:1 3:1 1:1 R/C and
1:1 RH
1:1 R/C and
2:1 E
6:1
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IV
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
Category
II
Interdunal
2:1
Compensation
has to be
interdunal
wetland
4:1
Compensation
has to be
interdunal
wetland
1:1 R/C and
2:1 RH
Compensation
has
to be
interdunal
wetland
Not
considered an
option2
Not
considered an
option2
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 Natural
Heritage
Site
Not
considered
possible3
6:1
Rehabilitation
of a Natural
Heritage site
R/C not
considered
possible3
R/C not
considered
possible3
Case-by-case
Category
I Coastal
Lagoon
Not
considered
possible3
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
6:1
Rehabilitation
of a bog
R/C not
considered
R/C not
considered
Case-by-case
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Bog possible3 of a bog possible3 possible3
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 are based on the assumption 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. 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 Due to the dynamic nature of interdunal systems, enhancement is not considered an
ecologically appropriate action.
3 Natural heritage sites, 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.
(b) Compensation must be completed prior to wetland destruction, where possible.
(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.
(e) The applicant shall demonstrate sufficient scientific expertise, supervisory capability, and
financial resources, including bonding, to carry out the project. The applicant must demonstrate
the capability for monitoring the site and making corrections if the project fails to meet projected
goals.
(f) Compensatory mitigation must monitor the impact and take appropriate corrective measures.
(3) Compensatory Mitigation – Type, Location, and Timing.
(a) Priority will be given to in-kind, on-site compensation if feasible and if the wetland to be lost
has a moderate to high functional value.
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(b) When the wetland to be impacted is of a limited functional value and is degraded,
compensation may be of the wetland community type most likely to succeed with the highest
functional value possible.
(c) Out-of-kind compensation may be allowed when out-of-kind replacement will best meet
identified goals (for example, replacement of historically diminished wetland types). Where out-
of-kind replacement is accepted, greater acreage replacement ratios may be required to
compensate for lost functional values.
(d) Off-site compensation can be allowed only if:
(i) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(ii) On-site compensation is not practical due to probable adverse impacts from surrounding
land uses;
(iii) Potential functional values at the site of the proposed restoration are significantly
greater than the lost wetland functional values; or
(iv) Off-site compensation will be conducted in accordance with subsection (4) of this
section (Cooperative Compensation Projects).
(e) Except in the case of cooperative compensation projects, off-site compensation must occur
within the same watershed where the wetland loss occurs; provided, that Category IV wetlands
may be replaced outside of the watershed if there is no reasonable technical alternative. The
stormwater storage function provided by Category IV wetlands must be provided for within the
design of the development project.
(f) Except in the case of cooperative compensation projects, in selecting compensation sites
applicants must pursue locations in the following order of preference:
(i) Filled, drained, or cleared sites which were formerly wetlands and where appropriate
hydrology exists; and
(ii) Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not
contain a mature forested or shrub community of native species, and where the appropriate
natural hydrology exists.
(g) Construction of 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.
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(h) A mitigation plan shall include a monitoring plan. The duration, frequency and methods of
monitoring depend on a project’s goals, objectives, and performance standards. In general,
monitoring is required for at least five years. If a scrub-shrub or forested vegetative community
is proposed, monitoring may be required for 10 years or more. Monitoring may be extended if
interim performance standards are not met.
(4) Cooperative Compensation Projects. The county may encourage, facilitate, and approve
cooperative projects where one or more applicants, or an organization with demonstrated capability,
may undertake a compensation project if it is demonstrated that:
(a) Creation of one or several larger wetlands may be preferable to many small wetlands;
(b) The group demonstrates the organizational and fiscal capability to act cooperatively;
(c) The group demonstrates that long-term management of the compensation area can and will
be provided; and
(d) There is a clear potential for success of the proposed compensation at the identified
compensation site. Conducting compensation as part of a cooperative process does not reduce
or eliminate the required replacement ratios outlined in this article. [Ord. 3-08 § 1]
Article VIII. Special Reports
18.22.360 General requirements.
(1) The administrator may require a special report or reports when critical areas are impacted.
(2) Special reports for critical areas shall include a scale map of the development proposal site and a
written report.
(3) The special report shall identify and characterize any critical area as a part of the larger
development proposal site, assess impacts of the development proposal on any critical area on or
adjacent to the development proposal site, and assess the impacts of any alteration proposed for a
critical area.
(4) The special report shall propose adequate protection mechanisms that may include mitigation,
maintenance and monitoring plans, and performance surety.
(5) Special reports shall include documentation certifying the qualifications of the preparer. [Ord. 3-08
§ 1]
18.22.370 Waivers.
The administrator may waive the requirement for a special report when an applicant demonstrates all
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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.
(2) The minimum protection standards required by this chapter are satisfied. [Ord. 3-08 § 1]
18.22.380 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. 3-08 § 1]
18.22.390 Acceptance of special reports.
(1) The administrator shall verify the accuracy and sufficiency of all special reports within 42 calendar
days of their submission.
(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 (e.g., soil
samples, well log data, etc.) that demonstrates where the special report is insufficient or in error. The
applicant may then either revise the special report and submit another special report, or appeal the
administrative determination pursuant to this code. [Ord. 3-08 § 1]
18.22.400 Aquifer recharge area report.
(1) General. 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 groundwater quality impacts.
(2) Aquifer Recharge Area Report Content. An initial evaluation shall be made by a qualified
groundwater scientist/engineer. The aquifer recharge area report shall include:
(a) A detailed description of the project, including all processes and other activities that have the
potential 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;
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(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 upon 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) Proposed best management practices to minimize exposure of permeable surfaces to
potential pollutants and to prevent degradation of groundwater quality; and
(f) Requirements for a monitoring program with financial guarantees/assurances that the
monitoring program will be implemented.
(3) Professional Qualifications. The minimum qualifications for groundwater scientists and engineers
performing groundwater and contaminant transport evaluations and preparing aquifer recharge area
reports shall be established pursuant to acceptable industry standards for training and experience and
as established by the state of Washington in the Washington Administrative Code or by statute.
(4) County Review. Reports shall be forwarded to the Jefferson County environmental health division
for technical review. The environmental health division shall review the reports within 30 days of
receipt to determine their adequacy. The county may request additional information in order to
determine the adequacy of the reports. The administrator shall determine appropriate conditions as
identified in the report to mitigate proposed land uses. The administrator shall be authorized to collect
fees necessary to recover costs associated with processing and review of aquifer recharge area
reports, implementation of the protection standards contained in this chapter, and administration of the
general provisions of the critical aquifer recharge area provisions of this code. Such fees will be
incorporated into the Jefferson County fee schedule. [Ord. 3-08 § 1]
18.22.410 Drainage and erosion control plan.
(1) General. This plan shall address best management practices that are physical, structural or
managerial practices that, when used singly or in combination, prevent or reduce pollution of water.
(2) Qualifications of the Preparer. Drainage and erosion control plans shall be prepared by a licensed
professional engineer, except for small parcel erosion control plans.
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(3) Information Requirements. The design standards and information requirements for submission of
drainage and erosion control plans shall be established in accordance with the Department of
Ecology’s Stormwater Management Manual currently adopted by Jefferson County. [Ord. 3-08 § 1]
18.22.420 Geotechnical report.
(1) General. This report shall include a description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposal, and opinions and
recommendations on the suitability of the site to be developed.
(2) Qualifications of the Preparer. Geotechnical reports shall be prepared by a licensed geotechnical
engineer, a professional geologist, or a licensed professional engineer knowledgeable in regional
geologic conditions with professional experience in landslide, erosion, or seismic hazard evaluation.
(3) Information Requirements.
(a) A description of the geologic setting of the region, based upon readily available data,
including:
(i) Site location and topography;
(ii) Soils and geologic units underlying the site;
(iii) The location and characteristics of springs within 1,000 feet of the site; and
(iv) Level of hazard in CMZ.
(b) An evaluation of the potential impact of the proposal upon existing geological hazards.
(c) A discussion and evaluation of the potential impact of the proposal upon existing geological
hazards.
(d) Recommendations on appropriate protection mechanisms, if necessary, to minimize the risk
of erosion or landslide. [Ord. 3-08 § 1]
18.22.430 Grading plan.
(1) General. This plan shall identify the proposed development project including the movement of
material on-site, along with the proposed and existing contours of the site, and cross-sections thereof.
(2) Qualifications of the Preparer. Grading plans shall be prepared by a licensed professional engineer
or an individual with at least three years experience in the preparation of grading plans who is
knowledgeable of soil conditions and geology in Jefferson County.
(3) Information Requirements.
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(a) A description of the general vicinity of the proposed site.
(b) The property limits and accurate contours of existing ground and details of terrain and area
drainage.
(c) Limiting dimensions, elevations of finish contours to be achieved by the grading, and
proposed drainage channels and related construction.
(d) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and
other protective devices to be constructed with, or as a part of, the proposed work together with
a map showing the drainage areas and the estimated runoff of the areas served by any drains.
(e) The location of any buildings or structures on the property where the work is to be performed
and the location of any buildings or structures on land of adjacent owners that are within 15 feet
of the property or which may be affected by proposed grading operations.
(f) A discussion and evaluation of the potential impact of the proposed grading upon designated
critical areas.
(g) Recommendations on appropriate protection mechanisms, if necessary, to prevent
degradation of designated critical areas and to ensure public safety. [Ord. 3-08 § 1]
18.22.440 Habitat management plan.
(1) General. This report shall identify how the development impacts of the proposed project will be
mitigated. The Washington Department of Fish and Wildlife Priority Habitat and Species Management
Recommendations shall be the basis for this report.
(2) Qualifications of the Preparer. Habitat management plans shall be prepared by persons who have
a minimum of a bachelor’s degree in wildlife or fisheries habitat biology, or a related degree in a
biological field from an accredited college or university with a minimum of four years experience as a
practicing fish or wildlife habitat biologist.
(3) Information Requirements.
(a) A map(s) prepared at an easily readable scale, including the following information:
(i) The location of the proposed development site, including property limits;
(ii) The relationship of the site to surrounding topographic and cultural features;
(iii) The nature and density of the proposed development or land use change;
(iv) Proposed building locations and arrangements; and
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(v) The boundaries of forested areas.
(b) A legend that includes the following information:
(i) A complete and accurate legal description as prescribed by the triggering application
form (the description shall include the total acreage of the parcel);
(ii) Title, scale and north arrows;
(iii) Date, including revision dates, if applicable; and
(iv) Certificates by a professional biologist as appropriate.
(c) A report that contains the following information:
(i) A description of the nature, density and intensity of the proposed development in
sufficient detail to allow analysis of such land use change upon identified fish and wildlife
habitat;
(ii) The applicant’s analysis of the effect of the proposed development, activity or land use
change upon the fish or wildlife species identified by the Washington Department of Fish
and Wildlife within the identified priority habitat, utilizing the management guidelines;
(iii) A plan by the applicant that shall explain how any adverse impacts created by the
development will be mitigated.
(d) Possible mitigating measures that may include, but are not limited to:
(i) Establishment of buffer zones;
(ii) Preservation of critically important plants and trees;
(iii) Limitation of access to habitat area;
(iv) Seasonal restriction of construction activities; and
(v) Establishing a timetable for periodic review of the plan. [Ord. 3-08 § 1]
18.22.450 Wetland delineation report.
(1) General. This report shall be required when a proposed development encroaches upon a
designated wetland or its buffer, and shall be used to identify the boundaries and classification of the
designated wetland.
(2) Qualifications of the Preparer. Wetland delineation reports shall be prepared by a biologist with
wetlands expertise, a professional wetland scientist certified by the Society of Wetland Scientists.
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(3) Information Requirements.
(a) A map(s) prepared at an easily readable scale, including the following information:
(i) Wetland boundaries;
(ii) Sample site and sample transects;
(iii) Boundaries of forested areas; and
(iv) Boundaries of wetland classes if multiple classes exist.
(b) A legend that includes the following information:
(i) A complete and accurate legal description as prescribed by the triggering application
form (the description shall include the total acreage of the parcel);
(ii) Title, scale and north arrows;
(iii) Date, including revision dates, if applicable; and
(iv) Certificates by a professional biologist as appropriate.
(c) A report that contains the following information:
(i) A discussion of the delineation methods and results, with special emphasis on technique
used from the Washington State Wetlands Identification and Delineation Manual, March
1997, or as amended hereafter;
(ii) A description of relevant site information acquired from the National Wetland Inventory
maps and the Soil Survey for Jefferson County;
(iii) The acreage of each wetland on the site, based on the survey, if the acreage will impact
the buffer size determination or the project design;
(iv) All completed field data sheets numbered to correspond to each sample site;
(v) Project cross-sections, both before and after completion, in relation to the surface
elevation of the wetland must be indicated for proposed activities that involve cutting or
filling operations within the wetland or its proposed buffer;
(vi) Classification of the wetland in accordance with the standards adopted in this chapter
and a detailed written analysis of the existing regulated wetland including: vegetation
communities classified per the U.S. Fish and Wildlife Service Classification of Deepwater
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Habitats (1979); species composition of vegetation communities, including presence and
percent cover; existing soils; and existing hydrologic conditions including inflow/outflow,
source of water within the system, relative water quality, and seasonal changes in
hydrology, if applicable;
(vii) A detailed analysis of wildlife species use of the wetland and its buffer;
(viii) A detailed analysis of the existing wetland buffer including species composition and
percent coverage, whether the buffer is disturbed or not, and the functional value of the
buffer in relation to the regulated wetland;
(ix) If the development activity would eliminate all or part of a regulated wetland then a
detailed compensatory mitigation plan as outlined in subsection (4) of this section must be
provided.
(4) Mitigation Plan Contents. All wetland restoration, creation, and enhancement projects required by
this code, either as a condition of project approval or as the result of an enforcement action, shall
follow a mitigation plan prepared by a qualified specialist as defined herein and conducted in
accordance with the requirements described in this code. The applicant or violator must receive
written approval of the mitigation plan by the administrator prior to commencement of any wetland
restoration, creation, or enhancement activity. [Ord. 3-08 § 1]
Article IX. Alternative Protection Standards – Critical Area Stewardship Plans (CASPs)
18.22.460 Critical area stewardship plans (CASPs) – Generally.
Property owners may elect to develop site-specific critical area stewardship plans (CASPs) as an
alternative to the prescriptive requirements of Articles VI (Fish and Wildlife Habitat Conservation
Areas (FWHCAs)) through VII (Wetlands) of this chapter. At a minimum, the CASP must provide
equal or greater protection of critical area functions and values than the prescriptive standards of
buffers and setbacks. The property owner shall be responsible for developing these plans in
consultation with a qualified professional meeting the applicable requirements of Article VIII of this
chapter. When available, qualified Jefferson County staff may assist landowners with these
submissions. The administrator shall be responsible for reviewing and approving submitted plans. The
administrator may, at his/her discretion, seek technical assistance from the Jefferson County
conservation district, Washington Department of Fish and Wildlife or the Washington Department of
Ecology when reviewing CASPs for approval. [Ord. 3-08 § 1]
18.22.461 Applicability and limitations.
The following provisions define the applicability and limitations of the CASP:
(1) CASPs apply to only residential development, related activities and appurtenances, including
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accessory dwelling units (ADUs). They may be used in rural village centers (RVCs) but are not to be
used in urban growth areas (UGAs). They are not to be used for commercial or industrial uses or
developments, as identified and defined in Chapter 18.10 JCC.
(2) They can be applied to properties one-quarter acre or larger.
(3) CASPs are only applicable to fish and wildlife habitat conservation areas (Article VI) or wetlands
(Article VII).
(4) CASPs must provide equal or greater protection of critical area functions and values than the
prescriptive standards of buffers and setbacks.
(5) They may be applied within Category II, III and IV wetlands and buffers, and within buffers of
Category I wetlands. They cannot be used in Category I wetlands.
(6) CASPs may not be used for activities involving fill for building within wetlands and FWHCAs but
may be used for fill or vegetation management within these critical areas if it is for enhancement of
their functions.
(7) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC.
(8) A CASP may be prepared by any person, but it is strongly advised that a qualified professional be
at least consulted. [Ord. 3-08 § 1]
18.22.465 Performance standards.
Critical area stewardship plans (CASPs) shall identify specific performance standards focused on
maintaining or enhancing the functions and values of the critical area(s).
(1) Performance standards will vary from one plan to another depending on the critical area being
protected and the potential hazards associated with the proposed development. Chosen performance
standards should be quantifiable so that they can be measured. They may include maintenance of a
wetland’s hydraulic capacity, percent ground cover in revegetated areas, control of invasive plants,
survival of shrubs and trees, etc. Compliance with Washington State water and/or sediment quality
standards (Chapters 173-201A and 173-204 WAC) will be determined by Jefferson County’s
watershed monitoring program described in Article X of this chapter.
(2) The CASP shall include protocols for monitoring these performance standards to include sampling
and analytical methods; timing of the sampling; and determination of the statistical procedures used to
define significant departures from the performance standards. Performance standards should contain
the following components:
(a) Indicator. They identify what will be monitored, such as woody vegetation, invasive species
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(e.g., reed canary grass (Phalaris arundinacea), wetland area, or water regimes).
(b) Attributes. They identify what aspect of the indicator will be monitored, such as percent cover
of vegetation, density of stems of surviving vegetation, size of the wetland buffer area, or
percent of an inundated area.
(c) Actions. They identify the degree of compliance, such as “will not exceed X percent cover of
invasive species,” or “will establish X acres of wetland area,” or will “prescribe a required
survival of planted vegetation.”
(d) Quantities/Status. They identify the amount of change or the desired level the attribute should
reach, such as achieving X percent total aerial cover of trees and shrubs, or establishing X
acres of wetland buffer.
(e) Time Frame. They identify when the standard should be achieved. For example, “having X
area inundated at the end of July each year” or “achieving X percent total aerial cover of trees
and shrubs by year Y.” Performance standards should be appropriate for the monitoring period.
[Ord. 3-08 § 1]
18.22.470 CASP contents – Existing conditions.
Critical area stewardship plans (CASPs) shall include the following elements:
(1) A site plan of the entire parcel identifying the critical area being protected by the CASP.
(2) When wetlands are present on the property, a wetland delineation report shall be completed in
accordance with JCC 18.22.450. The most current edition of Washington State Wetland Rating
System for Western Washington shall be used in preparing the report. The report shall detail the
scores determined for hydrologic, water quality and habitat functions, and shall ensure the most
pertinent score is accorded the greatest weight in rating the wetland. The ratings forms and
supplemental information required for completing those forms shall be included in the report. The
prescriptive wetland buffers appropriate to the wetland class and proposed activity defined in JCC
18.22.330 shall be reviewed.
(3) Surface waters and wetlands shall be surveyed for accurate stream typing and/or wetland rating
by a qualified professional, consistent with state law.
(4) Habitats of local importance documented by Jefferson County on and within three-tenths of one
mile of the property shall be documented.
(5) Presence of any other critical areas.
(6) A description of the property and adjacent watershed to include:
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(a) A contour map describing land elevations within three-tenths of one mile of the property.
(b) Documented or observed presence of threatened or endangered species.
(c) A qualitative assessment of the property’s hydrology to include evidence of prolonged
flooding or ponding, known significant aquifer recharge areas, observed surface water drainage
patterns and stream flows.
(7) A qualitative assessment of surface waters to include stream and/or pond substrate types,
presence of large woody debris and riffles and pools, potential fish spawning areas, observed fish and
aquatic invertebrates, etc.
(8) A qualitative assessment of the existing landscape located within the prescriptive buffers defined
in JCC 18.22.330 for wetlands and JCC 18.22.270 for surface waters shall include:
(a) The presence of invasive and/or exotic plant species and the presence and condition of all
layers of vegetation. The species composition and general age and condition of existing forests
within this area should be documented. This section should be supported with photo
documentation;
(b) Evidence of historic or existing and ongoing agricultural and/or forestry activities;
(c) A determination of the landscape slopes adjacent to surface waters to include a qualitative
assessment of soil textures and stability together with an assessment of the value of existing
vegetation for stabilizing soils.
(9) A description of existing human disturbances within the critical area to include roads, bridges,
bulkheads, hydrologic modification to include pre-existing (i.e., grandfathered) farm ponds, excavated
ditches, drain tile lines and other structures. The location of these features should be annotated on the
site map.
(10) A description of how the proposed development might adversely affect the critical area’s
functions and values.
(11) This section should be supported by photo documentation. [Ord. 3-08 § 1]
18.22.480 Description of the management proposal.
The overall goal of the critical area stewardship plan (CASP) is to maintain or enhance the existing
functions and values of the associated watershed while addressing the needs and desires of the
property owner. The proposed plan should be described in detail to include the following:
(1) A clear statement of the goals, objectives, and performance standards of the plan and how
implementation of this plan will protect the functions and values. This section shall also describe the
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goals of the property owner, including proposed multiple uses of the critical area and/or the areas
within the buffers defined in JCC 18.22.270 and 18.22.330.
(2) The CASP shall be supported with the site map described in JCC 18.22.470(1) overlaid with the
following information:
(a) The location of the development activities proposed at the site;
(b) Final contours when grading within the critical area or its buffer is proposed;
(c) Existing vegetation in the critical area or its buffer that is to be preserved;
(d) Invasive and/or noxious vegetation that is to be controlled or eradicated including control
methods;
(e) Species and general location of new vegetation to be planted;
(f) Location of all structures to be placed within a critical area and the buffers prescribed in JCC
18.22.270 and 18.22.330.
(3) The proposed buffers shall be described with an emphasis on how they will protect the critical
area’s functions and values from being degraded. This section of the report should be supported by
reference to published literature or well reasoned rationales provided by the professional preparing the
report.
(4) A rationale for the final contours when grading is involved with a description of how the changes
will help implement the goals of the plan.
(5) A detailed plan describing the maintenance of existing vegetation and/or re-vegetation of the site.
For trees and shrubs, this plan should describe the density (spacing) of individual species as well as
their location in the landscape. A rationale for the vegetation maintenance and/or revegetation plan
shall be provided to include a description of how the plants will function to meet the goals of the
management plan and of the property owner. This plan should include:
(a) A table describing the numbers and types of plants to be introduced;
(b) A description of how the various vegetation layers will function to protect water quality, the
critical area’s hydrology, and the habitat needs of wildlife known to exist in the area;
(c) Planting density (spacing) by species;
(d) A planting schedule with reference to local rainfall patterns and additional watering
requirements and methods;
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(e) Short-term protection methods such as protective tubes, socks, control of other vegetation
that might out-compete the planted stock, mulching requirements, etc.
(6) A proposed or approved stormwater management plan as applicable per JCC 18.30.060 through
18.30.070 shall be attached as an appendix.
(7) The timing of proposed plan implementation, with an emphasis on how the anticipated timing will
minimize disturbance to the critical area and eliminate potential effects to adjoining properties and/or
wildlife of local concern.
(8) A list of the additional local, state and federal permits that will be required for implementing the
CASP. [Ord. 3-08 § 1]
18.22.490 Maintenance.
Some critical area stewardship plans (CASPs) may require periodic maintenance activities. These
plans shall include a maintenance schedule detailing these activities. In general, plans that do not
require long-term maintenance are preferred to plans that require periodic maintenance to be verified
by county staff. [Ord. 3-08 § 1]
18.22.510 As-built plan requirement.
An initial as-built plan shall be prepared by a qualified professional judged competent by Jefferson
County describing the action taken to implement the critical area stewardship plan (CASP). This
report shall include:
(1) A contour map describing final contours if grading is required;
(2) A quantitative description of the vegetation planted;
(3) 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;
(4) Additional photographic documentation is encouraged. [Ord. 3-08 § 1]
18.22.520 Periodic monitoring.
Critical area stewardship plans (CASPs) shall be monitored and reports submitted as prescribed by
the approving authorities’ implementation program. Monitoring reports shall be submitted to the
department of community development, and shall include the following:
(1) Identification of the goals, objectives and performance standards of the CASP including the
specific performance standards adopted pursuant to JCC 18.22.465;
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(2) A qualitative comparison of the critical area functions and values present at the time of annual
monitoring with conditions existing during creation of the CASP and conditions observed during
previous annual reports;
(3) A discussion of real-time observation describing compliance with the performance standards
described in JCC 18.22.465;
(4) When analysis of monitoring results describes a deficiency in meeting the CASP’s goals, adaptive
management shall be employed to rectify the deficiency;
(5) The landowner agrees to allow approved Jefferson County staff access to property for the
purposes of monitoring;
(6) Monitoring periods may be extended when necessary, as determined by the administrator. [Ord. 3-
08 § 1]
18.22.530 Contingency planning.
A contingency plan is required describing how the critical area stewardship plan (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 a 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). [Ord. 3-08 § 1]
18.22.540 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, and shall be processed by the administrator pursuant to Chapter 18.50 JCC,
Enforcement. [Ord. 3-08 § 1]
18.22.550 Waiver.
The administrator may waive portions of a critical area stewardship plan (CASP) if, in his/her opinion,
critical area functions and values will not be adversely affected by a proposed activity. 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. 3-08 § 1]
Article X. Implementation Strategies
18.22.570 Conservation futures.
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Jefferson County through the conservation futures fund (Ordinance No. 06-0708-02, Chapter 3.08
JCC) may use conservation futures funds to compensate affected property owners for their costs in
protecting fish and wildlife through the purchase of conservation easements. [Ord. 3-08 § 1]
18.22.580 Education.
Jefferson County encourages good stewardship on its land to provide benefits to fish and wildlife. The
county will seek funds to provide general resource education and site-specific assistance to help
landowners understand why it is important to improve their management practices and to show them
how to improve those practices in a way that benefits both the landowner and natural resources. The
county believes that these are win-win goals key to maintaining and enhancing natural resources.
[Ord. 3-08 § 1]
18.22.590 Best management practices (BMPs).
As a general practice, Jefferson County encourages and supports the use of best management
practices by all landowners in an effort to enhance the county’s natural resources. Farm BMPs have
been developed over the last five decades by the USDA and Jefferson County’s conservation district.
Residential BMPs (JCC 18.22.630) are promoted for all landowners in Jefferson County, whether
engaged in agriculture or not. [Ord. 3-08 § 1]
18.22.600 Cost sharing incentives.
Jefferson County will assist and encourage landowners to participate in private, state and federally
funded resource enhancement projects. In addition, Jefferson County will seek outside sources of
grant funds to increase the resources available for resource stewardship programs. [Ord. 3-08 § 1]
18.22.610 Static buffer widths for voluntarily enhanced critical areas.
For purposes of determining required buffer widths, wetlands and or riparian areas that are
intentionally enhanced, where such enhancement is not part of a required mitigation plan, will retain
the prescriptive buffer requirements determined prior to the enhancement activity. Additional future
restrictions will not be placed on wetlands associated with their increased functions and values
caused by voluntary enhancement. [Ord. 3-08 § 1]
18.22.620 Public benefit rating system.
Buffers that are dedicated as permanent open space tracts will qualify for the maximum number of
points under the public benefit rating system. Qualifying applicants will be offered the opportunity to
enroll in the Jefferson County open space tax program at no cost. [Ord. 3-08 § 1]
18.22.630 Residential best management practices (BMPs).
The following best management practices (BMPs) will be encouraged by Jefferson County for all
existing and future residential development adjacent to critical areas. Permits may be conditioned to
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require these BMPs when utilizing buffer averaging or other administratively available means of buffer
reduction.
(1) Stormwater Management.
(a) Filter runoff from impervious surfaces through appropriate vegetation such as lawns or
biofiltration swales prior to entering wetlands or wetland buffers.
(b) Direct gutter downspouts into either biofiltration swales or gravel-lined pits to sequester
bacteria and atmospherically deposited contaminants.
(c) Store petroleum, fertilizer and pesticide containers under cover and away from water sources
and critical areas until properly disposed.
(d) Apply only the amount of irrigation water that can be absorbed into the ground to landscapes.
Avoid excessive water resulting in surface flows into wetland or wetland buffers.
(e) Avoid the use of chlorinated water for landscape use.
(f) Avoid using salt on impervious surfaces such as walks and driveways during freezing
weather.
(g) Ensure that all outside burning is controlled.
(h) Avoid motorized vehicle incursions into the wetland and/or wetland buffer.
(2) Management of Household Contaminants and Yard Waste.
(a) Maintain all garbage and litter in enclosed containers that exclude wildlife.
(b) Do not use poisons to control moles, rodents or other pests near wetlands.
(c) Strictly adhere to label restrictions when using EPA approved pesticides.
(d) Do not dispose of yard waste (grass clippings, trimmings, etc.) or any other waste in
wetlands or wetland buffers.
(e) Do not maintain vehicles or equipment in areas where contaminants will wash directly into
wetland buffers. Maintenance areas should include filter swales or grassy areas of sufficient
width to intercept surface flows into critical areas or their buffers.
(f) Store all potential contaminants, including petroleum products, pesticides, cleaners, etc.,
under cover and properly dispose of empty containers.
(3) Landscape Management.
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(a) Do not plant invasive ornamental plants in or adjacent to any critical area buffers.
(b) Retain, where possible, large trees that shade wetland areas – even though they may grow
outside the required buffer.
(c) Leave permeable surfaces on as much of the landscape as possible.
(d) Attempt to incorporate large woody debris into the landscape plan as a benefit to wildlife.
(e) Shield outside lights so that they do not shine directly into nearby wetlands. [Ord. 3-08 § 1]
Article XI. Watershed Monitoring
18.22.640 Watershed monitoring.
Jefferson County shall develop and implement a countywide monitoring plan designed to give early
notification of degrading water quality and to document improving water quality as a result of an
increased emphasis on voluntary landowner stewardship. This effort will include the following:
(1) The county will initiate this process by conducting an inventory of all current monitoring activities
conducted by local, state and federal agencies and private groups such as stream keepers and water
watchers.
(2) The county will assist with compilation of all of the marine and freshwater data applicable to
Jefferson County in a single database to establish a baseline dataset.
(3) When the inventory described above is complete, a monitoring program will be designed to
complement existing efforts to assess the following endpoints:
(a) Temperature;
(b) Dissolved oxygen;
(c) pH;
(d) Fecal and total coliform;
(e) Total suspended solids;
(f) Total volatile solids; and
(g) Nutrients, to include NH4+, NH3, NO3 and PO4.
(4) Monitoring of all appropriate Type S and F streams will be accomplished near their entry into the
marine environment. Additional monitoring will be accomplished during the first one inch of rain in the
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fall of each year and during the period of anticipated lowest flow in late summer (August or
September).
(5) Jefferson County will encourage biological monitoring using rapid bio-assessment procedures of
the health of its watersheds by voluntary programs such as water watchers.
(6) Three samples will be collected at each established sampling site. Where sampling indicates a
significant exceedance of Washington State water quality criteria (using appropriate statistical
analyses) and/or an exceedance of existing baseline data, Jefferson County will notify (as
appropriate) the Washington State Department of Health and the Department of Ecology requesting
assistance in determining the cause of the exceedance.
(7) Jefferson County will work cooperatively with landowners contributing to the exceedance to
correct the problem. If property owners do not cooperate, or if the exceedance persists despite
attempts at adaptive management, then Jefferson County will take whatever legal or regulatory steps
are necessary to correct the situation. Those steps may include legal action or an increase in the
buffer widths in stream segments causing the exceedances. [Ord. 3-08 § 1]
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]
The Jefferson County Code is current through Ordinance 5-17, passed December 18, 2017.
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