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STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF AN }
ORDINANCE ESTABLISHING}
A PUBLIC PROCESS AND }
TIMELINE FOR THE ADOPTION}
OF NEW ORDINANCES FOR }
THE INTERIM DESIGNATION}
OF RESOURCE LANDS AS }
REQUIRED BY THE GROWTH }
MANAGEMENT ACT }
(RCW 36.70A) }
18-1212-94
ORDINANCEVNO.
The Jefferson County Board of County Commissioners enter the following findings:
1.
On October 28, 1994, the Jefferson County Board of County Commissioners ('BOCC')
adopted Ordinance No. 16-1028-94, an ordinance repealing Interim Forest Lands
Ordinance No. 07-0705-94, Interim Mineral Lands Ordinance No. 06-0705-94, and
Resolution No. 67-94 relating to Agricultural Lands.
2.
This ordinance deemed that an emergency existed due to the potential for noncompliance
with the GMA, as raised by the filing of petitions for review of said ordinances and
resolution to the Western Washington Growth.Management Hearings Board, creating
uncertainty in the vesting of applications and difficulties in the issuance ofland use permits
3.
The ordinance provided for the termination of all legal effect of existing GMA interim
resource lands ordinances on November 30, 1994, and included a schedule for production
of new ordinances that provided for the receipt of public comment, analysis of economic
data and submission of draft ordinances by November 18, 1994.
4.
The declaration of emergency and November 30, 1994, date for the termination oflegal
effect of existing interim resource land ordinances would have required the BOCC to
adopt any replacement ordinances without the benefit of a full public process.
5.
On November 28, 1994, the BOCC adopted Ordinance No. 17-1128-94, which amended
Ordinance No. 16-1028-94 by extending the date of termination of legal effect of existing
GMA interim resource lands ordinances to December 14, 1994, while continuing the
emergency and its associated requirement for accelerated ordinance adoption.
6.
In reviewing material produced by Jefferson County Long-Range Planning Department at
a public workshop on November 21, 1994, the BOCC sought to identify factors
influencing the productivity of forest land in eastern Jefferson County and evaluate
potential changes to the interim designation and conservation of forest resource land of
long term-commercial significance required by the amendment to the GMA definition
contained in ESSB 6228.
7.
The BOCC also requested that Long-Range Planning staff prepare an informational map
showing the distribution offorest land and forest land ownership across the entire County,
such information having been provided in 'hard copy' form by the Washington State
Department of Natural Resources ('DNR') at various stages of the interim ordinance
production process.
8.
Staff of the Jefferson County Integrated Data Management System ('IDMS') subsequently
contacted the Department of Natural Resources Olympic region office in Forks,
Washington, to request that electronic data be provided to allow the County to create
such a map. This request was denied on the grounds that the provision of such information
required the existence of a signed Memorandum ofUriderstanding ('MOD') between the
County and DNR. .
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9.
10.
Jefferson County and the DNR have been negotiating for approximately one year on
execution of a MOD. Agreement has not been reached, however, due to difficulties with
exact terms and language.
On November 30, 1994, clarification was received ffom legal counsel as to the
implications of changes made to RCW 36.70A030 (by ESSB 6228) on the interim
designation offorest resource lands oflong-term commercial significance.
11.
The intent of interim regulations to designate and conserve resource lands of long-term
commercial significance has been clarified to emphasize the need to identify those lands
that can be economically and practically managed for long-term resource production.
12.
That the County supports the principle identified in ESSB 6228 that resource lands of
long-term commercial significance are primarily dedicated to the use of on-site
resources for economic gain, with any other uses or policy considerations being secondary
to this objective.
13.
That in order for land to be economically and practically managed for long-term resource
production, its operability, the presence of environmental constraints, patterns of existing
development, and the need to encourage the development of an efficient local settlement
system must be fully considered prior to any designations being made.
14.
The identification of such lands in the above manner requires the provision of
additional information and detailed analysis, including public hearing and environmental
review under the State Environmental Policy Act (RCW 43.21C).
NOW, THEREFORE BE IT ORDAINED, by the Jefferson County Board of Commissioners as
follows:
I.
The legal effect of provision 1, of Ordinance No. 16-1028-94 (as amended by
Ordinance No. 17-1128-94) is hereby terminated as of the litef December,
1994, and replaced by the following provision:
This ordinance shall terminate all legal effect on February 13, 1995 or upon
such date as a new Interim Resource Lands Ordinance repealing this
ordinance becomes effective, whichever occurs sooner.
II.
The legal effect of provision 2, of Ordinance No. 16-1028-94 (as amended by
Ordinance No. 17-1128-94) is hereby terminated as ofthe12thof December,
1994, and replaced by the following provision:
This resolution shall terminate all legal effect on February 13, 1995 or upon
such date as a new Interim Resource Lands Ordinance repealing this
resolution becomes effective, whichever occurs sooner.
ID.
The legal effect of provision 3, of Ordinance No. 16-1028-94 (as amended by
Ordinance No. 17-1128-94) is hereby terminated as ofthe12thof December,
1994, and replaced by the following provision:
The County hereby commits itself to production of new ordinances for
the interim designation and conservation of resource lands based upon
the need to properly identify lands which are of long-term commercial
significance, as defined through the amendments to the Growth
Management Act (RCW 36.70A) enacted by the Washington State
legislature in ESSB 6228. The County also adopts the schedule attached to
this ordinance as 'Exhibit A'to guide the timely production and adoption of
these official controls and the analysis ffamework attached to this
ordinance as 'Exhibit B' to guide the production offorest hind designation
options.
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IV.
This ordinance is necessary for the immediate preservation of the public peace,
health and safety and shall become effective on the lZ! t1day of December, 1994.
If any portion of this ordinance is held invalid by any court of competent
jurisdiction, such portion shall be deemed a separate portion of this ordinance and
such holding shall not affect the validity of the remaining portion of this ordinance.
'1~
ADOPTED this.Lét day of December, 1994.
V.
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ATTEST ~~cL ~ ÐJ~
Lorna L. Delaney
Clerk of the Board
VOL
20 rAf;r
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
0 2078
EXHmIT A
INTERIM RESOURCE LANDS ORDINANCE PRODUCTION SCHEDULE
October 1994
27 - 28
Produce legal advertisement for November 2 Port Townsend/Jefferson County
Leader inviting public comment relating to the economic viability of forestry,
agriculture and mining in (eastern) Jefferson County
Order copies of resource land ordinances from adjacent counties
31
Mail letters to prior participants in the resource lands process, inviting them to
provide data on economic viability
Review the 'Minimum Guidelines', relevant sections of the GMA and other
State agency guidelines to clarify resource land designation and protection
requirements
November
1-2
Review legislation adopted by adjacent counties, list classification, designation
and protection mechanisms
Legal ad requesting data is published in the 'Leader'
3
Hold staff meeting with Director of Community Services, Planning Director,
County Prosecutor and consultant to agree ordinance form and approach
4-9
Consultant research on ordinance language
End of period for submission of economic data
10-17
15 - 16
Conduct economic analysis and summarize results
Complete preliminary ordinance draft
18 - 19
21
Prepare and distribute report materials for BOCC workshop
BOCC Workshop on Forest Lands
22
28
Staff recommendation on options for further review
Adoption of Ordinance No. 17-1128-94 extending deadline for ordinance
production to December 14, 1994
December 1994
2-5
Clarify mapping requirements with Jefferson County IDMS and agree map
production schedule.
'J01.
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0 2079
5-7
8 - 16
12
13 - 16
19
23
28
January 1995
4
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11
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20 - 23
26 - 31
Develop analysis procedure
Implement analysis and develop resource land designation options
BOCC Action on Revised Schedule
Refine designation options for public review
Hold policy workshop with BOCC
Initiate SEP A review, if determined to be necessary
Jefferson County Planning Commission reviews designation options and
ordinance drafts
Publish notice of pending SEP A threshold determination, if determined to be
necessary
Jefferson County Planning Commission receives public comment and prepares
recommendations to BOCC
BOC holds workshop on Planning Commission report and draft ordinances and
sets public hearing date
Hearing notice and ordinance are published in the 'Leader'
Publish notice of SEPA threshold determination in the 'Leader', if determined
to be necessary
Hold public hearing
Hold testimony review workshop with BOCC
Febrnary 1995
1-8
8
8 - 13
Revise draft ordinances
Publish notice of final SEPA threshold determination, if determined to be
necessary
Adopt ordinances
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20 ~AŒ
02080
EXHffilT B
ANALYSIS PROCEDURE FOR THE DEVELOPMENT OF RESOURCE LAND
DESIGNATION OPTIONS
Introduction
The Jefferson County Board of County Commissioners (BOCC) is concerned that only those
lands that can be economically and practically managed for long-term resource production be
designated forest lands oflong-term commercial significance. In order to support the objective of
correctly designating these lands, the Jefferson County Planning Department developed the
following potential analysis method:
1.
2,
3.
4.
5,
Construct a base map showing all lands in the Classified/Designated Timber Tax Program,
State timber lands and Federal timber lands in eastern Jefferson County, the map also
showing land parcel sizes.
Identify those lands in the Classified/Designated Timber Tax Program by ownership and
parcel size.
Produce a map showing Department of Revenue Private Forest Land Grades
disaggregated by 'Operability Class' and overlay on the base map;
Identify lands with private forest land grade 4, or higher, and operability class 1 or 2.
Compare parcel size, ownership and land grades to establish dominant land grade by
ownership and parcel size
Create a new base map showing these lands and overlay maps showing Wetlands, Fish and
Wildlife Habitat Areas, and Critical Aquifer Recharge Areas as designated by the Jefferson
County Interim Critical Areas Ordinance (Ordinance No. 05-0509-94, as amended)
Identify those parcels with a maximum of 10% (net of buffers) of their nominal area
occupied by the above critical areas.
Eliminate any parcels where the majority of the parcel lies within a community water
system service area.
Eliminate any parcels that are less than 40 acres in size.
Repeat step 9 analysis, eliminating those parcels less than 80 acres in size*
Eliminate any parcel less than 80 acres in size that lies either wholly or partially within one
half (0.5) mile of a designated Interim Urban Growth Area, existing residential
community, or development whose development densities are greater than one dwelling
unit per five acres.
Repeat step 11 analysis for 160 acre parcels*
Eliminate any parcel less than 80 acres in size that is not adjacent to parcels at least 20
acres in size on a minimum of75% of its perimeter.
Repeat step 13 analysis for 160 acre parcels*
Identify those parcels that have not been eliminated from further consideration through the
above analysis process and are immediately adjacent to 'each other, forming blocks of
forest land at least 320 acres in size.
6.
7,
8,
9.
10,
11,
12,
13,
14.
15,
1
VOL
2 0 ~~Œ
0 2081.
16.
17.
Repeat step 15 analysis for 640 acre and 2,000 acre block sizes.
Reinstate any parcels previously eliminated that are surrounded on at least 75% of their
boundaries by these blocks
Propose those lands that have been identified through the above analysis process as suitable for
interim designation as forest lands oflong-term commercial significance.
* Carrying all results forward for BOCC review
2
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