HomeMy WebLinkAboutCAO Update Chapter 18.22 - Current DRAFTJefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 1/76
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Chapter 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 CoverageCritical area review process.
18.22.070 General exemptions.
18.22.080 Nonconforming uses and structures.
18.22.090 Reasonable economic use variance.
18.22.095 Physical separation – Functional isolation.
Article III. Critical Aquifer Recharge Areas
18.22.100 Classification/designation.
18.22.110 Designation.
18.22.120 Applicability.
18.22.130 Protection standards.
18.22.135 Adaptive management.
Article IV. Frequently Flooded Areas
18.22.1AA Classification/designation.
18.22.1BB Applicability.
18.22.140 Incorporation by reference.
18.22.150 Relationship to other regulations.
Article V. Geologically Hazardous Areas
18.22.160 Classification/designation.
18.22.1CC Regulated activities.
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 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 plansevaluations – When required.
18.22.270 Protection standards.
18.22.2DD Mitigation sequencing.
18.22.2EE Impact assessment and mitigation.
18.22.280 Conditions.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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 MitigationImpact assessment and mitigation.
Article VIII. Special Critical Area Reports
18.22.360 General requirements.
18.22.370 Waivers.
18.22.380 Retaining consultants.
18.22.390 Acceptance of special critical area reports.
18.22.400 Critical Aaquifer recharge area reports.
18.22.410 Drainage and erosion control plan.
18.22.420 Geotechnical Geologically hazardous area reports.
18.22.430 Grading plan.
18.22.440 Habitat management planFish and wildlife habitat conservation area reports.
18.22.450 Wetland delineation reports.
18.22.4FF Critical area stewardship plan reports.
18.22.4GG Frequently flooded area reports.
18.22.4HH Right-of-entry for mitigation verification.
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.
18.22.4II Implementation.
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.
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.
Formatted: Space After: 0 pt
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
Article XIII. Agriculture
18.22.6JJ Applicability.
18.226KK Regulated activities.
18.22.6LL Alternative protection standards.
18.22.6MM Compliance benchmarks for critical area protection.
Article I. Purpose
18.22.010 Purpose – Generally.
The purpose of the Jefferson County critical areas ordinance is to comply with state law, including the Growth
Management Act (chapter 36.70A RCW); and implement the goals and policies of the Jefferson County
Comprehensive Plan; to comply with the Planning Enabling Act (chapter 36.70 RCW); describe authorized methods
and procedures established to ensure the functions and values of critical areas are not degraded when while allowing
approved uses and development activities in the county; and protect the general public (including public resources
and facilities) from hazardous conditions that could result in injury, loss of life, and/or property damage. 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]Protection of
the natural environment is addressed by the following:
(1) Providing for orderly planned land use in the county through development and use standards that are intended to
protect critical area functions;
(2) Protecting the general health, safety, and welfare of the general public from potentially hazardous conditions;
(3) Ensuring the rural character of the county and quality of life are maintained by preventing adverse environmental
impact;
(4) Providing a balance between the protection of critical areas and the rights of private property owners for
reasonable use of land;
(5) Supporting the economic value of resource lands while providing critical area protection;
(6) Providing protection through the use of best available science and supporting development through site specific
reports prepared by qualified professionals;
(7) Ensuring permit flexibility for land use activities while maintaining critical areas protection; and
(8) Protecting habitats and wildlife corridors to other habitat types, including unique, fragile, or sensitive areas
within the county.
Article II. Administrative Provisions
18.22.020 Applicability.
Unless otherwise exempted under JCC 18.22.070,(1) This chapter applies to any land use, or development, or
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 a critical area buffer in Jefferson County if the provisions of this chapter are
met. The following five critical areas are regulated under this chapter:
(a) critical aquifer recharge areas;
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(b) frequently flooded areas;
(c) geologically hazardous areas;
(d) fish and wildlife habitat conservation areas; and
(e) wetlands.
(2) Jefferson County shall not issue any permit or approval to alter a critical area or a critical area buffer without
ensuring compliance with this chapter. No development shall be constructed, located, expanded, altered, or
subdivided without full compliance with the terms of this chapter, including but not limited to approvals for clearing
and grading, subdivision, binding site plan, building, septic system, planned residential development, shoreline
substantial development, variance, conditional use, and rezone.
(3) When property contains more than one critical area, the standards and requirements for each critical area shall be
applied.
(4) Unless otherwise exempted under JCC 18.22.070, uUses, development, 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]
(5) This chapter applies to all forest practices in which Jefferson County has jurisdiction (such as Class IV General).
(6) When any provision of this chapter is in conflict with any other section of the Jefferson County Code, the
provision that provides most protection to the critical area shall apply, except that any critical area occurring within
the jurisdiction of the Shoreline Management Act shall follow the policies and regulations in Chapter 18.25 JCC.
(7) Compliance with these regulations does not remove an applicant from the obligation to comply with all other
applicable federal, state, and/or local regulations. Further, compliance with the provisions of this chapter does not
constitute compliance with other federal, state, and local regulations and permitting requirements. It is the
responsibility of the applicant to ensure compliance with all applicable regulations.
(8) Any action taken in a critical area (or an associated buffer) designated by this chapter that is in violation of the
standards and conditions contained herein is expressly prohibited. [Ord. 3-08 § 1]
(9) Clearing and grading, without first obtaining all applicable permits, is prohibited in critical areas and associated
buffers. This includes altering a critical area or a buffer for future site development prior to receiving all applicable
permits.
(10) It is the responsibility of the applicant to demonstrate that the proposal is consistent with the provisions of this
chapter.
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]
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, or
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]
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
18.22.050 CoverageCritical area review process.
As part of the critical area review, the county shall:
(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.Evaluate the project area and immediate vicinity to determine if
critical areas or critical area buffers have the potential to be affected by the proposal.
(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]Review the submittal and verify the accuracy of
the information submitted.
(3) If a proposal has the potential to occur within a critical area or a buffer, the county shall:
(a) Require the applicant to submit a critical area report prepared by a qualified professional based on the
report requirements of this chapter and review the submittal for compliance with report requirements;
(b) Evaluate the report to determine if all potential impacts to the critical area or buffer have been
addressed in the critical area report;
(c) Review the proposal for compliance with mitigation sequencing requirements (as defined in JCC
18.10.130) and determine if the mitigation plan sufficiently addresses the potential impacts; and
(d) Ensure that the submittal for critical areas is consistent with other documents submitted as part of the
application and that the submittal is consistent with the requirements for a complete application in Chapter 18.40
JCC.
18.22.070 General exemptions.
The followingThe activities in critical areas or their bufferslisted below are exempt from the requirements of this
chapter, assuming the proposed activity complies with all provisions of the exemption. The administrator has the authority: (1) to request information from an applicant to ensure compliance with exemption requirements; (2) to
determine whether or not an application meets the exemptions listed below; and (3) to take enforcement action for
any use, development, or activity undertaken that does not meet exemption requirements. It is the responsibility of
the applicant to provide sufficient information for the administrator to determine that one of the following
exemptions to be used:
(1) Agricultural activities when undertaken pursuant to best management practices to minimize impacts to critical
areas and consistent with JCC 18.20.030.Existing and On-going Agriculture. Existing and ongoing agriculture, as
defined in JCC 18.10.010, may continue in substantively the same manner; provided, the activity does not result in
adverse impacts to a critical area or a buffer. This exemption shall include maintenance and repair of lawfully
established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work
does not expand further into a critical area or a critical area buffer. This exemption does not include: new
agriculture; agricultural activities that have ceased for five or more continuous years (except those lands in a
federally-recognized conservation program); or any increase, expansion, alteration, or intensification of an existing
agricultural activity or existing land area.
(2) Forest Practices Act. Forest practices regulated and conducted in accordance with the provisions of Chapter
76.09 RCW and forest practice regulations, WAC Title 222, and which are exempt from Jefferson County
jurisdiction.
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(3) Maintenance – Transportation and Utilities. Maintenance or reconstruction of existing public or private roads,
paths, bicycle ways, trails, bridges, and utility linesand 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 – Drainage. Maintenance and repair of existing drainage facilities or systems and flood control
structures, including, but not limited to, ditches that do not meet the criteria for being considered a fish and wildlife
habitat conservation area, culverts, catch basins, levees, reservoirs, 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.
(65) Maintenance – Structures. This exemption is limited to Rreconstruction, remodeling, or maintenance of existing
structures. within the footprint of an existing lawfully established structure in which work areas are minimized to
the extent possible, work areas are restored to previous conditions as soon as construction is complete, and staging
areas are located outside of all critical areas and critical area buffers. This exemption shall not apply to
reconstruction which is proposed as a result of structural damage associated with a geologically hazardous area if the
activity creates or continues a circumstance where personal or property damage is likely due to conditions of the
critical area and does not allow or if there is further intrusion into a geologically hazardous area, wetland, frequently
flood area, or fish and wildlife habitat conservation area and/or their buffers.
(76) Site investigative Investigative workWork. 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.
(87) Emergency actionAction. 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, assuming all
reasonable measures are implemented to ensure that the emergency action will have the least possible impact on any
critical area or buffer. 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 daysone working day of the initiation of the emergency work. Any person or
agency undertaking emergency work using this exemption must submit a complete application to department of
community development for review and approval within 30 days of abatement of the emergency, and the ‘after-the-
fact’ application must show compliance with all requirements of this chapter. Any impacts to critical areas or
buffers that are not mitigated within one year of issuance of an ‘after-the-fact’ permit shall be in violation of this
emergency exemption and may be subject to enforcement actions by department of community development.
(98) Artificial wetlands Wetlands and artificial Artificial pondsPonds, assuming the artificial wetland or pond does
not meet the definition of wetland or fish and wildlife habitat conservation area and that the artificial wetland or
pond was not historically constructed from a wetland or fish and wildlife habitat conservation area (without
receiving all applicable permits to modify the critical area).
(10) Flood control. Operation, maintenance and repair of dikes, ditches, reservoirs, and other 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.
(119) Irrigation. Operation, maintenance and repair of ditches, reservoirs, ponds and other structures and facilities
that do not meet the criteria for being designated a fish and wildlife habitat conservation area.
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(1210) Low Impact, Passive Recreation. Examples include, but are not limited to, such Rrecreational uses, as
swimming, boating canoeing/kayaking, 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, and bicycling.
(1311) Existing residential Residential landscapingLandscaping. 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, frequently-flooded area, geologically hazardous area or their
buffers, nor does it allow further intrusion of non-native species into the buffer.
(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.
(1512) Noxious Weed Control. Removal or destruction eradication of noxious weeds listed in Chapter 16-750 WAC.
Such activity 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.
(1613) Harvesting.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.
(1714) Planting Native Vegetation. The enhancement of a buffer by planting indigenous native vegetation.
(1815) New Trails. The construction of unpaved, non-motorized trails when located in the outer 25% of a wetland or
a fish and wildlife habitat conservation area 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.This exemption shall not apply within a frequently flooded
area, where development must follow FEMA requirements, or within a geologically hazardous area buffer if the trail
will be for public use.
(1916) Navigation. 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.
(2117) Administrator Decision. 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 and structures.
(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 critical area or buffer requirements of this chapter for any designated critical area shall be
considered a legal nonconforming use.
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(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 limitationas allowed by this
chapter and the nonconforming provisions of JCC 18.20.260 so long as the use or development does not increase a
lawfully established footprint.
(4) A legal nonconforming use or structure that has been damaged or destroyed by fire or other calamity may be
restored to a lawfully established prior condition and its immediately previous use may be resumed in accordance
with nonconforming provisions of JCC 18.20.260. [Ord. 3-08 § 1]
(5) Nonconforming uses and structures in critical areas that are under the jurisdiction of the Shoreline Management
Act shall follow the nonconforming provisions of Chapter 18.25 JCC.
18.22.090 Reasonable economic use variance.
(1) Generally. If the administrator determines that 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 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;
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(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.
(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 or fish and
wildlife habitat conservation areas, 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 or fish and wildlife habitat conservation areas
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. Functional isolation shall be limited to wetland buffers and fish and wildlife habitat conservation area
buffers only. Functional isolation shall not be used in geologically hazardous areas buffers, and is not applicable to
critical aquifer recharge areas or frequently flooded areas. The administrator may require a biological site
assessment to determine whether the buffer is functionally isolated. [Ord. 3-08 § 1]
Article III. Critical Aquifer Recharge Areas
18.22.100 Classification/designation.
Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for potable water,
including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect
the potability of the water, or is susceptible to reduced recharge. The critical areas aquifer recharge area maps shall
be periodically revised, modified, and updated to reflect additional information.
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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;
(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.
(32) 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), such as Marrowstone Island;
(b) Special protection areas designated by the Washington Department of Ecology under Chapter 173-200
WAC;
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(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.
(43) 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. Existing
Iindividual groundwater sources with a history of chloride analyses above 200 mg/L shall be considered a high risk
area for development proposed under this code. “sea-salt water intrusion areas,” which New groundwater sources
proposed as part of future development are among the “sources or potential sources of contamination” listed in
WAC 173-160-171, implementing code for the Water Well Construction Act.
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).
(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 Jefferson County public healthcounty department of
health and human services. [Ord. 3-08 § 1]
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) High Impact Land Uses. 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 areas that
are classified as both a susceptible aquifer recharge areas and a special aquifer recharge protection areas. In all other
areas of the county outside of areas classified solely as a susceptible aquifer recharge areas and or a 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 substance treatment, storage and disposal facilities;
(e) Petroleum product refinement and reprocessing;
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(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.Other Land Uses. The following land use activities
in a critical aquifer recharge area are subject to the provisions of the protection standards in this article:
(a) All industrial land uses;
(b) All commercial uses;
(c) All The following rural residential land uses:
(i) Requiring a discretionary use or conditional use permitThose using a community sewage system; or
(ii) With nonconforming uses that would otherwise require a discretionary use or conditional use
permit;Those using a large on-site sewage system; or
(iii) All planned rural residential developments; or
(iv) Any conditional use application or discretionary use application (including nonconforming uses that
would otherwise require a conditional use application or a discretionary use application).
(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, and subject to the
antidegradation policy in accordance with WAC 173-200-030. [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 ; provided, the activity is not
prohibited in JCC 18.22.120 above.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, sStormwater 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 BasinWestern Washington (2014), or as amended, and the
stormwater provisions contained in Chapter 18.30 JCC.
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(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, except for those areas within the Port Ludlow Drainage District. 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 that are within areas classified as both a special aquifer
recharge protection areas that are also classified as and a susceptible aquifer recharge areas (as defined in this
article) shall be designated areas of special concern pursuant to WAC Title 246 meet minimum land area and
best management practices (BMPs) for nitrogen removal as design parameters necessary for the protection of
public health and groundwater quality. BMPs for the reduction of nitrogen shall comply with JCC 18.30.180.
(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 concernas designated by the health officer under this article or under the Jefferson
County Sewage Management Plan, 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, gGolf 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.Refer to JCC
8.10.305(6)(a)(iv).
(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.
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(7) Hazardous Materials. Land use activities that generate hazardous wastesubstances, which are not prohibited
outright under this code, and which are conditionally exempt from regulation by the Washington Department of
Ecology under WAC 173-303-100, 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.
Refer to JCC 8.10.305(5), (6), and (7) for specific details as to the waste stream.
(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) in coastal, at risk, and high risk SIPZ
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. A hydrogeologic report assessment shall not be
required when the applicant demonstrates that public water is available.
(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
intrusionwill only allow land division on the island if public water connections are provided to each lot
and all existing wells are decommissioned. No permit shall be approved if a public water connection to
each lot cannot be provided.
(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, or as amended), 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, as per RCW
19.27.097.
(ii) All types of building permits that require proof of potable water use, as per RCW 19.27.097, are
subject to this policyarticle., 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).
(d) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply to development
proposalsapplications 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.
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(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, meaning the subject property is not within a current water
service area, an individual well may be used as proof of potable water subject to the following
requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted with building
permit application; and
2. Installation of source-totalizing meter (flow).
(III) If public water is unavailable, a qualifying alternative system may be used as proof of
potable water.
(ii) At Risk SIPZ.
(A) Voluntary Actions.
(I) Water conservation measures.
(B) Mandatory Actions.
(I) For proof of potable water on a building permit application, applicant must utilize DOH-
approved public water system if available;
(II) If public water is unavailable, meaning the subject property is not within a current water
service area, an individual well may be used as proof of potable water subject to the following
requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted with building
permit application; and
2. Installation of a source-totalizing meter (flow); and
3. Ongoing well monitoring for chloride concentration; and
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, meaning the subject property is not within a current water
service area, an individual well may only be used as proof of potable water subject to the
following requirements:
1. Variance from 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
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(i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L
or within 100 feet of the marine shoreline) and with the submittal of a hydrogeologic assessment
(relevant components of an aquifer recharge area report per JCC 18.22.400); or
2. fFor 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; and
23. Chloride concentration of a laboratory-certified well water sample submitted with building
permit application; and
34. 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; and
45. Installation of a source-totalizing meter flow; and
56. Ongoing well monitoring for chloride concentration; and
67. 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. ISince Marrowstone Island is a sole source aquifer and a high risk SIPZ, and the
island is served by public water, proof of potable water connection to the public water supply will be
required (as per a Washington State Department of Ecology letter to Jefferson County public health dated
February 27, 2018, or as amended).n 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) Installation of timers together with new well pump installations to enable pump use limitation to low
demand times.
(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
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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) Quilcene-Snow Water Resource Inventory Area (WRIA 17) In-stream Flow Rule. All applications required to
provide proof of potable water or source water approval shall meet all county and state requirements including
WRIA 17 In-stream Flow Rule Chapter 173-517 WAC at the time of application. All applications involving water
use shall be reviewed by Jefferson County public health for compliance with county and state requirements.
(110) 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 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
18.22.1AA Classification/designation.
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in
any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited
to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground
surface. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and
property. Flood hazard areas are depicted on the Federal Emergency Management Agency’s Federal Insurance Rate
Maps (FIRMs).
18.22.1BB Applicability.
These standards apply to any development within frequently flooded areas, unless the proposed activity meets any of
the exemption listed in Chapter 15.15 JCC. For purposes of this article, development is defined as any man-made
change to improved or unimproved real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision
of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site
characteristics.
18.22.140 Incorporation by reference.
This article incorporates by reference the classification, designation and protection provisions contained in the
Jefferson County floodplain managementflood damage prevention ordinance (Chapter 15.15 JCC) with the
following addition:
(1) In addition to tThe insurance maps FIRMs identified in the floodplain managementflood damage prevention
ordinance (Chapter 15.15 JCC), shall be used to determine flood hazard areas shall be identified with reference for
compliance with to the Federal Emergency Management Agency (FEMA) 100-year floodplain
designationsregulatory requirements. Such flood hazard areas shall be subject to the criteria of the floodplain
managementflood damage prevention ordinance.
(2) The floodplain managementflood damage prevention ordinance conforms with the intent of the minimum
guidelines (WAC 365-190-080(3)110) 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]
(3) Development proposed within the regulated floodplain shall comply with the FEMA Biological Opinion. The
applicant shall submit a habitat assessment prepared by a qualified biologist to the department of community
development for review. The submittal shall be based on the 2013 FEMA Region 10 guidance document entitled
Floodplain Habitat Assessment and Mitigation, Regional Guidance for the Puget Sound Basin (or as amended by
FEMA). The administrator may request federal assistance in reviewing the submitted habitat assessment. The
administrator may waive the requirement to submit a habitat assessment if:
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(a) The entire proposal meets one of the exemptions listed in Chapter 15.15 JCC; or
(b) The proposal requires a federal permit that is reviewed by federal agencies responsible for ensuring
compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered
by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act); or
(c) A habitat assessment has been previously prepared and the proposed project clearly fits within the nature
and scope of that assessment.
(4) In the event that FEMA approves an alternate process for Jefferson County to demonstrate compliance with the
Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a Habitat
Assessment.
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.Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development
consistent with public health or safety concerns.
(21) Designation. The following erosion, landslide, seismic, and channel migration zone (CMZ) hazard areas shall
be designated as geologically hazardous areas and subject to the standards of this article:
(a) Erosion Hazard Areas. Erosion hazard areas are those areas containing soils which, according to the United
States Department of Agriculture, Natural Resources Conservation Service Soil Survey Program, may
experience significant erosion. Also included are coastal erosion-prone areas and channel migration zones.
Erosion hazard areas include areas likely to become unstable, and include bluffs, steep slopes, and areas with
unconsolidated soils, and may include coastal erosion areas, as mapped on the Coastal Atlas by Washington
Department of Ecology.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. Landslide hazard areas are areas at risk ofAreas potentially subject to mass
movement due to a combination of geologic, topographic and hydrologic factors. They include any areas
susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure,
hydrology, or other factors, as followsincluding:
(i) Areas of historic failures or potentially unstable slopes, such as:
(A) Areas described and mappeddelineated as having by United States Department of Agriculture,
Natural Resources Conservation Service as having a significant limitation for building site
developmentsevere or very severe building limitations for dwellings without basements within the
United States Department of Agriculture, Soil Conservation Service, Soil Survey for Jefferson County;
or
(B) Coastal areas mapped as unstable, unstable old slides, and unstable recent slides in 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; andor
(C) Areas described designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or
landslide hazards areas of poor natural stability, former landslides and recent landslides by the
Washington State Department of Natural Resources or the United States Geological Survey., Division
of Geology and Earth Resources;
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(ii) Areas where all three of the following conditions occur:
(A) Slopes are steeper than 15 percent;
(B) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively
impermeable sediment or bedrock; and
(C) Spring or groundwater seepage.
(ii) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, or undercutting by
wave action; and
(iii) Areas that have shown movement during the Holocene epoch (from 10,000 years ago to present) or
have been underlain or covered by mass wastage debris of this epoch.
(iv) Areas with slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint
systems, and fault planes) in subsurface materials.
(v) Areas with slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking.
(vi) Areas that are potentially unstable as a result of rapid stream incision, stream bank erosion, and
undercutting by wave action, including stream channel migration zones.
(vii) Areas that show evidence of, or are at risk from, snow avalanches.
(viii) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation
by debris flows or catastrophic flooding.
(ix) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas
composed of bedrock.
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 or subsidence, soil liquefaction, or surface faulting, or tsunamis. 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.
Settlement and soil liquefaction conditions occur in areas underlain by cohesionless soils of low density,
typically in association with a shallow groundwater table.
(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.
(e) Other geologic events, such as coal mine hazards and volcanic hazards are not a known risk in Jefferson
County, and are therefore, not subject to review as part of the permitting process.
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Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 20/76
The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(32) Sources Used for Identification. Sources used to identify geologically hazardous areas include, but are not
limited to:
(a) United States Department of Agriculture, Soil Conservation Service, Soil Survey for Jefferson County
(available online through the United States Department of Agriculture, Natural Resources Conservation
Service).
(b) Washington State Department of Ecology, Coastal Zone Atlas.
(c) Washington State Department of Natural Resources, Slope Stability and Geologic Maps of Eastern
Jefferson CountyGeologic Hazard Maps (available online).
(d) Washington State Department of Natural Resources, Geographic Information System: Soil Survey .
(ed) Washington State Department of Natural Resources, Geologic Maps of Eastern Jefferson County, online
maps (landslide hazards, shoreline slope stability, erosion hazards, seismic hazards, and channel migration
zones available online)Compressibility of Earth Materials in Eastern Jefferson County.
(fe) United States Department of the Interior, USGS Quad Maps.
(gf) 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.
(hg) Perkins Geosciences, 2006, Channel Migration Hazard Maps for the Dosewallips, Duckabush, Big
Quilcene and Little Quilcene Rivers, Jefferson County, Washington. Seattle, WA.
(ih) Perkins Geosciences with TerraLogic GIS, June 2004, Lower Hoh River Channel Migration Study
Summary Report.
(ji) The following rivers are not regulated as CMZs in this section as these rivers have not been evaluated or
mapped for CMZs 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]
18.22.1CC Regulated activities.
Any land use or development activity within a geologically hazardous area, buffer, or 200-foot-wide management
area shall be subject to the provisions of this article unless specifically exempted in JCC 18.22.070.
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. The provisions listed below are in addition to
those required in JCC 18.30.060 (grading and excavation standards) and JCC 18.30.070 (stormwater management
standards), and shall be incorporated into reports prepared by qualified professionals to show compliance with those
code requirements.
(2) Drainage and Erosion Control.
(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.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(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 ordinary high water mark
(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. In addition to complying
with the stormwater requirements of Chapter 18.30 JCC, the applicant must clearly demonstrate in the
geotechnical report that stormwater quantity, quality, and flow path post-construction will be comparable to
pre-construction conditions.
(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 utilitiesTemporary sedimentation and erosion control measures
shall be installed once all applicable permits have been issued and installation shall be based on the
locations shown on the approved site plan;
(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-way; and
(vi) Clearing land in preparation of site development prior to permit issuance shall be prohibited.
(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:
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(a) During clearing for roadways and utilities, all trees and understory vegetation 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 retainedClearing limits, as shown on the approved site plan,
shall be marked by orange construction barrier fencing to be installed prior to beginning any clearing, grading,
or other land-disturbing activities.
(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 Vegetation within identified clearing limits may be
removed upon permit issuance. All vegetation within the geologically hazardous area or buffer, but outside the
marked clearing limits, shall be retained. Cleared vegetation shall not be placed within a geologically hazardous
area unless it is used as part of a mitigation plan consistent with other critical area mitigation provisions, is
reviewed by the state-licensed geologist or engineer, and is approved by the administrator.
(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) Geologically Hazardous Area Assessments – When Required. A geotechnical assessment shall be required if a
proposed activity occurs within a mapped geologically hazardous area or the 200-foot-wide management area
(including those areas that may be temporarily affected by construction), as follows:
(a) Landslide hazards mapped as slides, high, or moderate;
(b) Shoreline slope stability mapped as intermediate, unstable, unstable recent landslide, unstable old landslide,
or modified;
(c) Erosion hazard;
(d) Seismic hazard;
(e) High risk channel migration zone; or
(f) Coastal atlas landforms mapped as feeder bluff exceptional, feeder bluff talus, feeder bluff, or modified.
(6) Geologically Hazardous Areas – Levels of Assessments. Geologically hazardous area assessments shall be
conducted by a qualified geologist or engineer with a state stamp. The level of assessment required shall be based on
site-specific conditions, as follows:
(a) Assessment Level 1 (Geotechnical Letter). This type of assessment shall be used if the geologist or engineer
determines that the proposed activity will occur outside of the buffer (including those areas that may be
temporarily disturbed by construction). The geotechnical letter shall be prepared based on report criteria in
Article VIII of this chapter.
(b) Assessment Level 2 (Geotechnical Report). This type of assessment shall be used if the geologist or
engineer determines that the proposed activity will occur within a geologically hazardous area or buffer
(including those areas that may be temporarily disturbed by construction). If the entire property is located
within a geologically hazardous area, the geologist or engineer shall assess the parcel(s) based on requirements
in subsection (13) below. The geotechnical report shall be prepared based on report criteria in Article VIII of
this chapter.
(7) Geologically Hazardous Areas – Marking Limits. The limits (or outer extent) of a geologically hazardous area
shall be marked onsite as follows:
(a) Geologically hazardous areas shall be identified and staked by a professional geologist or engineer with a
state stamp. For landslide hazards, the top and/or toe of slope closest to the proposed activity shall be marked.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
For erosion hazards, seismic hazards, and high risk channel migration zones, the extent of the geologically
hazardous area closest to the proposed activity shall be staked onsite.
(b) Stakes shall be installed and marked as necessary to clearly identify the geologically hazardous areas
present; provided, the distance between each of the stakes shall not exceed 50 feet.
(c) Staked limits of the geologically hazardous area shall remain onsite based on the type of application, as
follows:
(i) Stakes for building or septic applications shall remain in place until a final building certificate of
occupancy for a building permit and/or a final for a septic permit is issued.
(ii) Staking for a subdivision, a planned rural residential development, a binding site plan, or a rezone shall
remain in place until a final county approval is issued. If, at the time of subsequent building, septic, or other
land use application, the stakes are no longer in place, the administrator may require re-staking of the
geologically hazardous area by the project geologist or engineer.
(iii) Staking for any other application requiring land use review shall remain in place until the department
of community development has made a site visit to review the staking relative to property boundaries and
proposed activities, as shown on a submitted site plan.
(d) The staked location of the on-site geologically hazardous areas shall be shown on a site plan submitted with
an application.
(e) If more than one geologically hazardous area is present, only the most restrictive geologically hazardous
area (area closest to the proposed activity) shall be staked by the geologist or engineer.
(58) Buffer Marking. The location of the outer extent of landslide geologically hazardous 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 & 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.
(a) Geologically hazardous areas and buffers shall be shown on a site plan submitted with an application.
(b) Geologically hazardous area buffers shall be staked onsite prior to beginning any clearing, grading, or other
land-disturbing activities. The administrator may waive this requirement if all development activities are
outside of the geologically hazardous area buffer.
(c) The administrator may require signs be posted at the buffer edge if the proposed activity is commercial or
industrial, or if the proposed activity is proposed on public lands.
(69) Buffers – Standard Requirements General. The following landslide geologically hazard area buffer provisions
shall apply:
(a) Buffer areas shall be required to provide sufficient separation between the landslide geologically hazardous
area and the adjacent proposed project.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(b) The appropriate width of the landslide geologically hazardous area buffer shall be determined by either:
application of the standard buffer width set forth in subsection (10) below; or by acceptance of a geotechnical
report meeting the criteria of this sectionarticle and Article VIII (critical area reports).
(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 geologically
hazardous area boundary.
(f) A standard buffer of 30 feet shall be established from the top, toe and all edges of landslide hazard areas.
(10) Buffers – Standard Width and Setback. A standard buffer shall be established from the edge of geologically
hazardous areas, and a building setback shall be established from the edge of the buffer. Standard buffer widths shall
be based on county geologically hazardous area mapping and Washington Department of Ecology coastal atlas
mapping, in the order listed below.
(a) 150 feet:
(i) Landslide hazards mapped as slides or high;
(ii) Shoreline slope stability mapped as unstable, unstable recent slides, or unstable old slides;
(iii) Erosion hazards; or
(iv) Coastal atlas landforms mapped as feeder bluff exceptional.
(b) 100 feet:
(i) Landslide hazards mapped moderate;
(ii) Shoreline slope stability mapped as modified;
(iii) Channel mitigation zones mapped as high risk; or
(iv) Coastal atlas landforms mapped as feeder bluff, feeder bluff-talus, or modified.
(c) 50 feet:
(i) Shoreline slope stability mapped as intermediate.
(d) Seismic hazards, landslide hazards mapped as slight, and shoreline slope stability mapped as stable do not
require buffers. Channel migration zones mapped as moderately high risk, moderate risk, low risk, and
disconnected are not regulated as a geologically hazardous area and do not require a buffer.
(ge) A building setback line is required to be five 10 feet from the edge of any geologically hazardous area
buffer area for a landslide hazard area or to outside the full extent of the high risk channel migration zone
(CMZ), whichever is greater.
(711) Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers as follows: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.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(a) Buffers may be reduced by up to 25 percent with a geotechnical report prepared by a geologist or engineer
with a state stamp; provided, the report identifies recommendations for preventing or minimizing risks post-
development.
(b) All buffer reductions 25 percent or greater and all development within a geologically hazardous area shall
require a geotechnical report prepared by a geologist or engineer with a state stamp. The administrator shall
require a third-party review based on JCC 18.22.380 and/or a hold harmless agreement be recorded with the
auditor’s office. If the administrator requires a third-party review of the report, the administrator shall be
responsible for identifying and transmitting the geotechnical report to the third-party reviewer.
(812) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the
administrator, to protect the functions and values of a geologically hazardous area. Documents that may be used to
support this determination, include but are not limited to: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:
(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.
(13) Geologically Hazardous Area Development. If a proposed development or use is determined to be a
geologically hazardous area, the geologist or engineer shall assess the proposed activity relative to existing geologic
conditions to determine if the proposal can be safely constructed and safely used or occupied. All development
within a mapped geologically hazardous area shall require a geotechnical report prepared by a geologist or engineer
with a state stamp, and the administrator shall have the authority to send the geotechnical report out for third-party
review based on JCC 18.22.380 and/or to require a hold harmless agreement be recorded with the auditor’s office. If
the administrator requires third-party review of the report, the administrator shall be responsible for identifying and
transmitting the geotechnical report to the third-party reviewer. Any development or use within a geologically
hazardous area may be reduced or mitigated by engineering, design, or modified construction. If the risk cannot be
reduced to acceptable levels, the geologically hazardous area is to be avoided.
(14) Hazardous Trees. Removal of diseased trees from a geologically hazardous area or buffer may be approved if
the administrator determines that the trees pose a direct threat to public safety or an imminent risk of damage to
private property. A report prepared by a certified arborist, registered landscape architect, or professional forester
shall be required and shall document the hazards posed by the tree, any alternatives to outright removal of the tree,
and shall provide a replanting plan.
(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;
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(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 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 critical area 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 areas that serve a critical role in
sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may
reduce the likelihood that the species will persist over the long term. Fish and wildlife habitat conservation areas
(FWHCAs) are include those areas identified as being of critical importance to the maintenance of endangered,
threatened, or sensitive species of fish, wildlife and/or plants, or habitats and 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.
(31) Designation. The following are designated as fish and wildlife habitat conservation areas (FWHCAs):
(a) Areas with whichwhere federally-listed species (endangered and threatened) and state-listed species
(endangered, threatened, and sensitive species) listed by the federal or state government have a primary
association.
(i) Federally-listed designated endangered and threatened species are those fish, and wildlife, and plant
species identified by the U.S. Fish and Wildlife Service and or 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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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(ii) State endangered, threatened, and sensitive species are those species native to the state of Washington,
as identified by the Washington State Department of Fish and Wildlife, that are in danger of extinction,
threatened to become endangered, or are vulnerable, or declining and are likely to become endangered or
threatened in a significant portion of their rangewithin the state. The state maintains the list of these
species in WAC 232-12-014 (endangered species) and in WAC 232-12-0114 (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 addressed 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).
(dc) 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).
(ed) Kelp and eelgrass beds.
(fe) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas.
(f) Naturally-occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and
wildlife habitat.
(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
(gh) State Nnatural area preserves, and natural resource conservation areas, and state wildlife 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]
(j) Waters of the state.
(2) Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction are also regulated
under the shoreline master program in Chapter 18.25 JCC, and in circumstances where the this chapter conflicts with
the shoreline master program, the provisions of the shoreline master program shall prevail.
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.
(2) Definition. The use of the term “habitat” in this section means a place or type of site where a plant or animal
naturally or normally lives and grows, and includes areas used by a species during any life stage at any time of the
year.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.
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(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;
(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:
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(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 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
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climatic change event); and provided further, that the procedural 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) Washington State Department of Fish and Wildlife, Salmonscape mapping program.
(5) National Oceanic and Atmospheric Administration, Endangered and Threatened Marine Species online database.
(6) United States Geological Survey 7.5-Minute Topographic Maps.
(7) U.S. Fish and Wildlife, Endangered Species online database.
(8) Washington Department of Natural Resources, Natural Heritage Program database.
(9) Northwest Indian Fisheries Commission and Washington Department of Fish and Wildlife Statewide Integrated
Fish Distribution Map database.
(10) National Oceanic and Atmospheric Administration, Environmental Response Management Application, Pacific
Northwest.
(11) Washington Department of Natural Resources Natural Areas database/maps.
(12) Washington Department of Ecology, Coastal Atlas database.
(13) Washington Department of Health, Recreational and Commercial Shellfish database.
(14) Jefferson County (online mapping).
(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:
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(a) The design of stream crossings shall meet the requirements of the Washington Department of Fish and
Wildlife. Fish passage shall be provided if necessary to address manmade obstructions on-site. Other
alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less
disruptive to the habitat or that the necessary building foundations were not feasible. 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.
(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.
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(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.
(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 Expansion and New 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 Construction. 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;
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(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 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]
(9) Land Alteration (such as excavation, dredging, grading, or filling).
(10) Modification of Hydrologic Regime or Conditions (including placement of obstructions or impediments to
natural water flow or movement).
(11) Structural Modifications and Expansions.
(12) Vegetation Removal or Alteration (could include but is not limited to, clearing, harvesting, shading, intentional
burning, use of herbicides/pesticides, or planting vegetation that alters the character of the regulated area; provided,
that the activity is not exempt under JCC 18.22.070).
(13) New Activities Affecting Water Quality.
18.22.265 Habitat management plansevaluations – When required.
When a development, proposaluse, or activity is located proposed 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,designated as a fish and wildlife habitat conservation area or a buffer, a habitat
management plan (HMP)evaluation shall be required, consistent with the requirements of JCC 18.22.440. [Ord. 3-08
§ 1]. An on-site habitat evaluation determines if FWHCAs or buffers occur in the project area.
If the proposed use, development, or activity occurs in marine water, a dive survey shall be required to determine if
any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal.
Evaluations shall be conducted by a qualified professional biologist with expertise in habitats and species of the
area.
(1) Types of Reports. As required by this section, an applicant shall submit a report documenting the results of the
habitat evaluation for county review and approval. Based on the results of the site evaluation, a report shall be
prepared by the biologist, as follows:
(a) Habitat Reconnaissance Letter. This type of report shall be used if the field evaluation determines that no
regulated fish and wildlife habitat conservation area or buffer is present in the proposed project area, which
includes those areas that may be temporarily affected by construction-related activities or would be within the
limits of clearing for construction. For this level of assessment, the professional biologist must assess all areas
within buffers, as specified in Tables 18.22.270(1) and (2), that have the potential to be affected by any
proposed project component. Habitat reconnaissance letters shall be prepared by the biologist based on
requirements presented in Article VIII (critical area reports) of this chapter.
(b) Habitat Management Plan. This type of report shall be used if the field evaluation determines that any
portion of the proposed project occurs within a regulated FWHCA or buffer, which includes those areas that
may be temporarily affected by construction-related activities or would be within the limits of clearing for
construction. This type of report shall be used if a proposed buffer reduction or buffer averaging does not
exceed 25 percent of the standard buffer width, as shown in Tables 18.22.270(1) and (2). Habitat management
plans shall be prepared by the biologist based on report requirements in Article VIII (critical area reports) of
this chapter. If the proposal requires a reasonable economic use variance, a habitat management plan shall be
submitted and the habitat management plan shall also address reasonable economic use variance requirements
in JCC 18.22.090.
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(c) Applicants shall submit a critical areas stewardship plan for impacts to FWHCAs or for buffer reductions
greater than 25 percent of the standard buffer width; provided, the proposal meets all critical area stewardship
provisions of this chapter. If the proposal cannot meet the critical areas stewardship plan permitting
requirements of this chapter, a reasonable economic use variance shall be required.
(d) If a dive survey is required, the results of the survey shall be described in a report and supported by photos
taken underwater.
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. In addition to complying with the
stormwater requirements of Chapter 18.30 JCC, the applicant must clearly show in the report that stormwater
quantity, quality, and flow path post-construction will be comparable to pre-construction conditions.
(3) Grading. An applicant submitting a project application shall also submit, and have approved, a grading plan, as
specified in this chapterChapter 18.30 JCC.
(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) Vegetation within FHWCAs or buffers shall be retained to the extent practicable. Unless exempt under this
chapter, vegetation removal or alteration of a FWHCA or a buffer shall require review and approval by the
department. A habitat evaluation shall be required to remove or in any way alter vegetation within a FWHCA
or a buffer.
(b) Altering the habitat conditions of FWHCAs or buffers without prior review and approval by the department
is prohibited.
(ac) All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be
retained (except for hazard trees) during maintenance clearing of rights-of-way for roadways and utilities;
provided, that understory vegetation damaged during approved clearing operations may be pruned.
(bd) 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 10 feet is required from the edge of any buffer area; however,
nonstructural improvements such as septic drain fields may be located within setback areas.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation 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.
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(v) The administrator shall have the authority to increase a buffer width, if supported by appropriate
documentation showing the increase is needed to protect the functions and values of the FWHCA buffer.
(vi) The administrator shall require signs be posted at the buffer edge if the proposed activity is
commercial or industrial, or if the activity is proposed on public lands.
(b) 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-Fish Bearing
Seasonal Streams less than 20% grade
50 feet
*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) The buffers set forth above shall not apply to lawfully-
established piped streams. The burden of proof is on the applicant
to show that the pipe was lawfully established; failure to
demonstrate compliance with this requirement shall result in buffers
being required.
(bc) Stream type shall be determined using the criteria set forth in
WAC 222-16-030, or as amended.
(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:
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Table 18.22.270(2): Buffers for Other FWHCAs
FWHCA Type Buffer Requirement
Areas with Which Federally Listed Species Have a Primary
AssociationAreas where federally-listed (endangered and
threatened) species or state-listed (endangered, threatened,
and sensitive) species have a Primary Association
Buffers shall be 150 feet; provided, 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 apply to areas where native kelp and eelgrass species occur only, and
buffers shall extend 150 feet landward from ordinary high water mark of the
marine shore22 feet from each patch. There is no buffer for non-native kelp and eelgrass beds.
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 (along with any submerged aquatic beds serving as fish or wildlife habitat) 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 are associated with the shoreline, the buffer shall be based on the wetland buffer requirements shall also apply.
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.
Game Fish Planted by a Governmental or Tribal Agency
(lakes, ponds, streams and rivers)
Ponds under 20 acres – buffers shall extend 50 feet from the ordinary high
water mark.
Lakes 20 acres and larger – buffers shall extend 100 feet from the ordinary high
water mark; provided, that where wetlands are associated with the shoreline, the
wetland buffer requirements shall also apply.
Stream and rivers – see Table 18.22.270(1).
Waters of the State Buffers shall be 150 feet.
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 below in JCC 18.22.2DD350(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 18.22.3502DD(1) shall apply, and when the
applicant demonstrates to the satisfaction of the administrator that all the following criteria are met:
(a) The total area contained in the buffer area after averaging is no less than that which would be contained
within the standard buffer and all increases in buffer dimension are parallel to the FWHCA.
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(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) The limits of clearing for the proposed development or use shall be shown on the site plan relative to the
FWHCA and the buffer.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]
(11) Hazardous Trees. Removal of diseased trees from a fish and wildlife habitat conservation area or buffer may be
approved if the administrator determines that the trees pose a direct threat to public safety or an imminent risk of
damage to private property. A report prepared by a certified arborist, registered landscape architect, or professional
forester shall be required and shall document the hazards posed by the tree, any alternatives to outright removal of
the tree, and shall provide a replanting plan.
18.22.2DD Mitigation sequencing.
(1) The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or a FWHCA
buffer. All regulated development, uses, and activities in a FWHCA or an associated buffer shall be mitigated in the
following order:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the
historical condition or the condition existing at the time of the initiation of a project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the
life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or
environments;
(f) Monitoring the required compensation and taking appropriate corrective measures when necessary.
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18.22.2EE Impact assessment and mitigation.
(1) Using the results of site visit, a habitat reconnassance letter or habitat management plan shall be prepared based
on critical area report requirements in Article VIII of this chapter. If a critical areas stewardship plan is required, the
report shall also be prepared based on CASP requirements in Article IX of this chapter.
(2) All potential impacts to FWHCAs and buffers must be identified and described in the report. Impact
assessments shall be based on any potential impacts to the FWHCA or buffer, and shall consider direct and indirect
impacts, permanent and temporary (long-term and short-term) impacts, and cumulative impacts. The impact
assessment shall also identify all potential impacts of the project in square feet and shall include the area of
temporary construction-related impacts.
(3) Mitigation - Minimum requirements and types of mitigation.
(a) Minimum mitigation requirements are as follows:
(i) Unavoidable impacts to a critical area buffer shall be mitigated with at least a 1:1 mitigation ratio. The
administrator has the authority to require buffer mitigation at a higher ratio if the area to be adversely
affected consists of intact native habitat.
(ii) Unavoidable impacts to a critical area shall require mitigation that fully compensates for all adverse
effects to FWHCA functions, natural processes, and area.
(b) FWHCAs mitigation shall include the following options:
(i) On-site Mitigation. The applicant may propose on-site mitigation if the mitigation proposal
compensates for the loss or degradation to existing habitat.
(ii) Off-site Mitigation. The applicant may propose off-site mitigation if:
(A) On-site mitigation is not feasible and the mitigation proposal compensates for the loss or
degradation of existing habitats and species; or
(B) Off-site mitigation provides better protection of the FWHCA or a significant ecological and
functional improvement to the FWHCA; and
(C) There is a willing landowner that accepts the proposed mitigation; and
(D) A mitigation agreement/easement is recorded that specifies the individuals or parties responsible
for implementing, maintaining, and monitoring the mitigation area.
(iii) In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee
program may be used to compensate for impacts or alterations to a fish and wildlife habitat conservation
area or a buffer, if an established in-lieu fee program is available for the project area. Use of the in-lieu fee
program to address impacts to fish and wildlife habitat conservation areas and/or buffers shall adhere to the
in-lieu mitigation requirements in JCC 18.22.350(5).
(c) FWHCA Buffer Mitigation.
(i) FWHCA buffers adversely affected by a proposed development or use shall compensate for the
impact(s) at a mitigation ratio of at least 1:1. All development or uses that provide less than an equivalent
area of compensation for impacts shall require a critical areas stewardship plan or a reasonable economic
use variance.
(ii) Impacts to FWHCA buffers that are well-developed, well-established, and/or have unique natural
habitats consisting primarily of native plant species shall require greater than 1:1 compensation (e.g., this
could include, but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas
considered a priority habitat by WDFW; or habitat conditions that have the potential to support rare plants).
Formatted: Indent: Left: 0.25"
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Formatted: Indent: Left: 0.5"
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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 critical area report required under this 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) Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were
unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.
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.
(21) DesignationDetermination. 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)
U.S. Army Corps of Engineers Wetlands Delineation Manual (1987, or as amended) and the Regional Supplement:
Western Mountains, Valleys, and Coast Region (2010, 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 a report prepared by a qualified
wetland professional documents wetland size and wetland category, and describes how 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) or a FWHCA
buffer as defined in the sectionArticle VI of this chapter dealing with FWHCAs, and is not integral to the
maintenance of habitat functions of an FWHCA;
Formatted: Indent: Left: 0.5"
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(d) The wetland is not located within a floodplain;
(e) The wetland is not associated within the jurisdiction of the county 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; and
(g) The wetland does not score six or more points for habitat functions (based on the 2014 version of the
Washington Department of Ecology Wetland Rating System, or as amended, by Washington Department of
Ecology).
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered. This
exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of any wetland,
including wetlands less than one-tenth of an acre, shall require mitigation.
(2) Wetland Rating. Wetlands shall be classified by a qualified wetlands professional using the Washington
Department of Ecology Wetland Rating System (2014 version, or as amended). Wetland ratings shall not be based
on illegal modification of the land. The wetland rating system is based on four categories of wetlands:
(a) Category I. These wetlands are: (1) relatively undisturbed estuarine wetlands larger than one acre; (2)
wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage
Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger than one acre; (5) wetlands in
coastal lagoons; (6) wetlands that perform many functions well (scoring a total of 23 or more points). These
wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands;
(3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human
lifetime; or (4) provide a high level of functions.
(b) Category II. These wetlands are (1) estuarine wetlands smaller than one acre or disturbed estuarine
wetlands larger than one acre or (2) wetlands with a moderately high level of functions (scoring between 20
and 22 points total).
(c) Category III. These wetlands are (1) those with moderate level of functions (scoring between 16 and 19
points total) or (2) those that can often be adequately replaced with a well-planned mitigation project.
Wetlands scoring between 16 and 19 point generally have been disturbed in some ways and are often less
diverse or more isolated from other natural resources in the landscape than Category II wetlands.
(d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are
often heavily disturbed. These wetlands likely could be replaced, or improved in some cases. Replacement
cannot be guaranteed in any specific case. These wetlands may provide some important functions, so they
should be protected to some degree.
(3) 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 (Natural Resources 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) Jefferson County cCritical aAreas mMapping. 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]
(e) Washington Department of Ecology Coastal Atlas online mapping.
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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 anything that obstructs water movement, including but not limited to, surface water flow, surface
water runoff, or groundwater infiltrationobstructions;
(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 regulatedexisting
wetland conditions; 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 The alteration or modification of water quality and/or water quantityresult in:
(a) A significant change of water temperature;
(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, tThe 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 a wetland report and site plan are submitted that
show the impacts to buffers are minimized and that any disturbed buffer areas areshall be 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, Construction of low-impact, passive recreational activities, such as pervious trails that are
no greater than five feet in width, nonpermanent wildlife watching blinds, and scientific or educational
activities, and sports fishing or hunting; provided that construction is limited to the outer 25 percent of the
buffer. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any
impervious surfaces.
(b) Within the buffers of Category III wetlands scoring 3 to 5 points for habitat functions and IV wetlands only,
vegetation-lined swales designed for stormwater management or conveyance stormwater management facilities
designed to meet the requirements of a Low Impact Development Runoff Treatment or Flow Control Best
Management Practice 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. Mitigation shall be
required for any loss of any functions and values.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.
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
(2) DelineationTypes of Wetland Evaluations and Reports. An applicant submitting an project application for a
development, use, or activity on lands determined to be wetland or buffer shall also submit, and have approved, a
wetland delineation report prepared based on as specified in JCC 18.22.450 results of an on-site field investigation
conducted by a qualified wetland professional using wetland delineation manuals specified in JCC 18.22.300(1).
Additionally, the following provisions shall apply The site evaluation and reports shall be completed based on the
following:
(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.Wetland Reconnaissance. This type of wetland
assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be
used if no regulated wetland is present within 300 feet of the project area, which includes those areas that may
be temporarily affected by construction-related activities or would be within the limits of construction. The
wetland reconnaissance level of assessment requires the wetland professional to assess all areas within 300 feet
of any proposed project component. A wetland reconnaissance letter shall be prepared by the biologist based
report requirements presented in Article VIII of this chapter.
(b) Wetland Delineation. This type of wetland assessment shall be used if any portion of the proposed project
is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by
construction-related activities or are within the proposed limits of clearing. The on-site wetland boundary shall
be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed,
as required by JCC 18.22.300(2), for each wetland identified. A wetland delineation report shall be prepared
by the biologist based on report requirements presented in Article VIII (critical area reports) of this chapter.
(bc) If the wetland is located off of the property involved in the project application and is inaccessible, the best
available information shall be used to determine the wetland boundary and category.
(d) Wetland Impact Reporting. If the proposal cannot avoid wetlands, a mitigation proposal shall be prepared
by a qualified wetlands professional and a report shall be submitted that complies with the critical areas
stewardship plan provisions. If the critical areas stewardship plan provisions cannot be met, then a mitigation
plan that meets the requirements of Article VIII (critical area reports) and the reasonable economic use variance
criteria of JCC 18.22.090 shall be submitted.
(c) The wetland boundary shall be staked or flagged in the field.
(d) This requirement may be waived under the following circumstances:
(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
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(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. The wetland rating scores and the category shall be determined by a qualified
wetland professional and must be submitted to the department for review and approval. 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 building setback of 10 feet is required from the edge of any wetland buffer.
(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 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.
(54) Buffer Marking. Upon approval of the delineation report, the location of the outer extent of the wetland buffer
shall be marked in the fieldidentified as follows:
(a) A permanent physical indicator along the upland boundary of the wetland buffer area shall be installed and
permanently maintained. The outer extent of the wetland buffer shall be flagged onsite.
(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.”
(cb) In the case of short plat, long plat, and binding site plan, and site plan approvals under this code, the
applicant shall include on the face of any such instrument plan the boundary of the wetland and its buffer.
(dc) 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 attorneyFor all other approvals, the administrator shall have the authority to
require a notice to title be recorded on the property by the property owner prior to any permits may be issued.
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(d) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or
industrial, or if the activity is proposed on public lands.
(65) 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 30 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 scoring results on the rating form for the wetland rating system; and
(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 and/or without vegetation management;
• Landscaping, lawns, gravel driveways, etc.;
• Outdoor marijuana grow (fence only).
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 or less)
[Total of scores less than 15 points or less] 25 feet +20 feet
III
(Total of scores for all functions is
16 – 19 points)
[H score 8 – 9 points]
[With H score 5 6 – 7 points]
[H score 3 -5 pointsNot meeting above characteristic]
150 feet
75 feet
40 feet
+30 feet
II [WQ score 8 – 9 points and H score less than 5 points] 50 feet +40 feet
Formatted Table
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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 and/or without vegetation management; • Landscaping, lawns, gravel driveways, etc.; • Outdoor marijuana grow (fence only).
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)
(Total of scores for all functions is
20 – 22 points
or having “special characteristics”
identified
in the rating form)
[H score 8 – 9 points]
[H score 5 6 – 7 points]
[Estuarine]
[Interdunal]
[Not meeting above characteristics]
150 feet
75 feet
75 feet
75 feet
50 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 6 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High Conservation Value]
[Bog]
[Forested]
[Not meeting above characteristics]
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
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 version of the Washington State Department of Ecology’s Update Wetland Rating System (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; • Indoor marijuana grow on parcels of one acre or larger; • Marijuana processing on parcels of one acre or larger.
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 or less)
[Total of scores less than 15 points or less] 40 feet +20 feet
III H score 8 – 9 points 225 feet +30 feet
Formatted Table
Formatted Table
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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; • Indoor marijuana grow on parcels of one acre or larger; • Marijuana processing on parcels of one acre or larger.
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)
(Total of scores for all functions is
16 – 19 points)
[With H score 5 6 – 7 points]
[H score 3 - 5 pointsNot meeting above characteristic]
110 feet
60 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 6 – 7 points] [Estuarine]
[Interdunal]
[Not meeting above characteristics]
75 feet 225 feet 110 feet
110 feet
110 feet
75 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 6 – 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 version of the Washington State Department of Ecology’s Update Wetland Rating System (Publication No. 14-06-019), or as amended.
Formatted Table
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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;
• Conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling, and raising and
maintaining animals);
• Hobby farms;
• High-intensity recreation (such as golf courses, ball fields);
• Marijuana indoor grow on parcels less than one acre;
• Marijuana processing on parcels less than one acre;
• Marijuana retail.
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 for all functions is less than 15 points or less)
[Total of scores less than 15 points or less] 50 feet +20 feet
III
(Total of scores for all functions is
16 – 19 points)
H score 8 – 9 points
[With H score 5 6 – 7 points]
[Not meeting above characteristicH score 3 – 5 points]
300 feet
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 6 – 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 6 – 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 Wetland Rating System (Publication No. 14-06-019, or as amended. Note: Wetland buffer widths for high-intensity land uses may be reduced to buffer widths for moderate-intensity land uses if the applicant can
demonstrate that (1) a 100-foot-wide corridor is protected through legal means (e.g., conservation easement) between the wetland and any other priority habitat, as defined by Washington Department of Fish and Wildlife, and (2) all measures to minimize impacts are implemented, including but not limited to, those specified by Washington State Department of Ecology (October 2014 modifications to Appendix 8-C of
publication number 05-06-008, or as amended).
(76) Reducing Buffer Widths. Upon submission of a special critical area report by a qualified wetland professional
that demonstrates a buffer reduction does not have any adverse impactadversely affect on the existing functions and
values of the wetland, and that it is not possible to adhere to the standard buffer width, the administrator shall have
Formatted Table
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The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.
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 wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of the required
standard buffer or 50 feet, whichever is greater; and
(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; and
(c) The applicant implements reasonable measures to reduce the adverse impacts of structures and
appurtenances on the subject parcel as determined by the administrator; and
(d) Buffer area reduction shall be minimized to accommodate only those structures and appurtenances as
approved by the administrator.
(87) Averaging Buffer Widths. Upon submission of a special critical area report by a qualified wetland professional
that demonstrates a buffer reduction does not have any adverse impact on adversely affect the existing functions and
values of the wetland and that it is not possible to adhere to the standard buffer width, 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 and
provides greater protection of the wetland; and
(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; and
(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; and
(d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width; and
(e) The buffer has not been reduced in accordance with subsection (56) of this section. B(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]; and
(f) If area of buffer reduction is composed of native trees, the buffer reduction shall not be approved unless the
area of buffer increase consists of native trees of a similar size, age, density, and species composition as that in
the area to be reduced.
(8) For buffer reductions greater than 25 percent of the standard buffer width, an applicant shall submit a critical
areas stewardship plan (CASP); provided, the proposal can meet all CASP provisions. A reasonable economic use
variance shall be required if any of the CASP provisions cannot be met. CASPs shall be prepared by a qualified
wetland professional based on provisions in Article VIII (critical area reports) and Article IX (CASPs) of this
chapter.
(9) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the
administrator, to protect the functions and values of a wetland. Supporting documents that may be used to support
this determination, include but are not limited to:
(a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or
endangered species; or
(b) The wetland serves as nesting or foraging habitat for raptors or great blue herons; or
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or
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(d) The area adjacent to the wetland has minimal deep rooting, native vegetation and/or the slopes are greater
than 30 percent.
(410) 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. Drainage and
Erosion Control. In addition to complying with the stormwater requirements of Chapter 18.30 JCC, the applicant
must clearly show in the wetland report that stormwater quantity, quality, and flow path post-construction will be
comparable to pre-construction conditions.
(11) Building Setback. A 10-foot building setback, measured horizontally from the edge of the buffer, shall be
required.
(12) Hazardous Trees. Removal of diseased trees from a wetland or buffer may be approved if the administrator
determines that the trees pose a direct threat to public safety or an imminent risk of damage to private property. A
report prepared by a certified arborist, registered landscape architect, or professional forester shall be required and
shall document the hazards posed by the tree, any alternatives to outright removal of the tree, and shall provide a
replanting plan.
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 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]
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18.22.350 Mitigation.Impact assessment and mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and acreagearea.
(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 an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the
historical condition or the condition existing at the time of the initiation of a project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the
life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or
environments;
(f) Monitoring the required compensation and taking appropriate corrective measures when necessary.
(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) Impact Analysis. All potential impacts to wetlands and buffers must be identified and described in the wetland
report. Impact assessments shall be based on any potential impacts to the wetland or buffer, and shall consider
direct and indirect impacts, permanent and temporary (long-term and short-term) impacts, and cumulative impacts.
The impact assessment shall also identify all potential impacts of the project in square feet and shall include the area
of temporary construction-related impacts.
(23) Compensatory Wetland Mitigation – General Requirements. As a condition of any permit or other approval
allowing alteration which results in the unavoidable loss or degradation of regulated wetlands, or as an enforcement
action pursuant to 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 ofprovide wetland mitigation that is equivalent to or larger than those altered in order to
compensate for wetland losses. The following table specifies the mitigation ratios by category and type of
mitigationthat apply to creation or restoration that is in-kind, on-site, and is accomplished prior to or
concurrently with alterationthat must be used for compensatory wetland mitigation:
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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 IV 1.5:1 3:1 1:1 R/C and 1:1 RH 1:1 R/C and 2:1 E 6:1
All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1
Category II
Estuarine
Case-by-case 4:1
Rehabilitation of an
estuarine wetland
Case-by-case Case-by-case Case-by-case
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 SiteWetlands with High Conservation Value
Not considered possible3possible2 6:1 Rehabilitation of a Natural Heritage sitewetland with high conservation value
R/C not considered possible3 R/C not considered possible3 Case-by-case
Category I Coastal
Lagoon
Not considered
possible3possible2
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
possible3possible2
6:1
Rehabilitation of a bog
R/C not considered
possible3
R/C not considered
possible3
Case-by-case
Category I Estuarine Case-by-case 6:1 Rehabilitation of an estuarine wetland
Case-by-case Case-by-case Case-by-case
1 These ratios 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 2 Natural heritage sitesWetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable wetlands because they
perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss
of some functions no matter what kind of compensation is proposed.
Note: Each type of mitigation is defined in Chapter 18.10.130 under mitigation types.
Note: Wetland preservation may be approved by the administrator under limited circumstances on a case-by-case basis if preservation
requirements are met, as specified in Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, or as amended.
(b) Compensatory mitigation may also be determined using methods described in Calculating Credits and
Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington State
Department of Ecology Publication #10-06-011, or as amended), provided that the mitigation is consistent with
Table 18.22.350 above.
(b) Compensation must be completed prior to wetland destruction, where possible.
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(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article,
with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and managed to avoid
further development or degradation. The applicant or code violator must provide for long-term preservation of
the compensation area. The administrator has the authority to require the applicant record a notice to title to
ensure protection.
(e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and
shall not be used as a stormwater system to comply with Chapter 18.30 JCC.
(ef) 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 forpost a
mitigation performance bond to ensure monitoring the site occurs and making corrections contingency plans
are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and
approved by department of community development.
(f) Compensatory mitigation must monitor the impact and take appropriate corrective measures.
(34) Compensatory Wetland Buffer Mitigation – General Requirements.
(a) Wetland buffers adversely affected by a proposed development or use shall be compensated for at a
mitigation ratio of at least 1:1. All development or uses that provide less than an equivalent area of
compensation for impacts shall require critical areas stewardship plan or a reasonable economic use variance.
(b) Impacts to wetland buffers that are well-developed, well-established, and/or have unique natural habitats
consisting primarily of native plant species shall require greater than 1:1 compensation (e.g., this could include,
but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas considered a
priority habitat by WDFW; habitat conditions that could support rare plants).
(5) Compensatory Wetland and Wetland Buffer Mitigation – Type, Location, and Timing.
(a) Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be
approved unless a report prepared by a qualified wetlands professional documents to the satisfaction of the
administrator that a higher preferred option is not ecologically viable.
(i) Restoration (re-establishment or rehabilitation) is the preferred mitigation option;
(ii) Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable
option;
(iii) Enhancement may be approved if restoration or creation are not ecologically viable options;
(iv) Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and
shall be permitted only under limited circumstances when, based on a report prepared by a qualified
wetlands professional, the administrator determines that no other option is ecologically viable.
(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.
(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.
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(db) On-site compensation within the same sub-drainage basin is preferred. The administrator may approve
Offoff-site compensation can be allowed only if:
(i) A mitigation plan, prepared by a qualified wetlands professional, documents that on-site mitigation is
not feasible and that off-site mitigation is ecologically preferable; and
(ii) No reasonable opportunities exist on-site and within the same sub-drainage basin; and
(iii) On-site mitigation would result in the loss of high-quality upland habitats; and
(iv) Off-site mitigation has a greater likelihood of compensating for project-related impact; and
(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors; and
(iivi) On-site compensation is not practical due to probable adverse impacts from surrounding land uses;
and
(iiivii) Potential functional functions and 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).
(c) Compensation outside of the sub-drainage basin may be approved by the administrator if an in-lieu fee
program is used.
(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.
(gd) 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.
(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.
(be) Compensation must be completed prior to wetland destruction, where possiblefeasible.
(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;
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(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]
(6) In-lieu Fee (ILF) Program. An applicant may opt to use an ILF program to compensate for impacts to aquatic
resources (critical areas) and/or buffers based on criteria listed below. Use of an ILF program transfers the
responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring
organization is required to provide mitigation that complies with all mitigation requirements of this chapter.
(a) The ILF program may be used by an applicant as a way to mitigate for project impacts if the impacts to the
critical area or buffer occur within an ILF program service area. If an impact occurs outside of an ILF
Program Service Area, an applicant may request that Jefferson County investigate the possibility of using the
ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation
responsibilities for impacts outside a ILF program service area.
(b) The applicant shall determine if there is a preference for using the ILF program over permittee-responsible
mitigation to compensate for unavoidable impacts. The county may encourage an applicant to use the ILF
program, but shall not require an applicant to use ILF for mitigation.
(c) The administrator may approve an application using an ILF program for mitigation if the ILF program
sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if
the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring
organization does not accept the mitigation responsibility, the applicant shall be responsible for providing
mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF
mitigation until (1) the applicant has purchased the appropriate number of credits from the sponsoring
organization and (2) the sponsoring organization has completed a statement of sale. Once the ILF program
sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing
the mitigation effort to comply with Jefferson County Code critical areas requirements and the applicable
approved in-lieu fee program instrument.
Article VIII. Special Critical Area Reports
18.22.360 General requirements.
(1) The administrator may shall require a special critical area report or reports when critical areas are impactedif any
portion of a proposed development or use has the potential to affect a critical area or buffer.
(2) Special Critical area reports for critical areas shall be prepared for county review and approval. In addition to the
applicable report requirements presented in this article, critical area reports shall address, at a minimum, the
following:include a scale map of the development proposal site and a written report.
(a) Describe the proposed activity;
(b) Describe existing site conditions;
(c) Describe critical areas and buffers on the subject site;
(d) Assess potential impacts to critical areas and buffers;
(e) Propose mitigation for unavoidable losses to critical areas and buffers;
(f) Present a figure showing the location of critical areas and buffers on the subject site;
(g) Present a scaled site plan that includes a north arrow, property boundaries, existing structures and features
on the subject site, and the limits of clearing needed during construction;
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(h) Identify amount of clearing, grading, and impervious surface on a Stormwater Calculation Worksheet; and
(i) Present photographs of the subject site.
(3) Critical area reports shall be valid for up to five years from the date the report was prepared; provided, critical
area conditions, including buffer conditions, have not changed during the five-year timeframe. The administrator
shall have the authority to require a revised critical area report, as needed, to show the provisions of this chapter are
met.
(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 critical area report in limited circumstances when an
applicant demonstrates all of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes and objectives
of this code.
(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 critical area 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 critical area reports.
(1) The administrator shall verify the accuracy and sufficiency of all special critical area reports within 42 calendar
days of their submission.
(2) If the administrator finds that a special critical area 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 critical area report is insufficient or in error. The applicant may then
either revise and resubmit the special critical area report. and submit another special report, or appeal the
administrative determination pursuant to this code. [Ord. 3-08 § 1]
18.22.400 Critical Aaquifer recharge area reports.
(1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County to verify the
accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied
to prevent significant adverse impacts to groundwater quality, and in some cases water quantity impacts. A critical
aquifer recharge report shall be prepared when required in Article III (critical aquifer recharge areas) of this chapter.
(2) Critical 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;
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(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and existing
groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site;
(vi) An evaluation of existing groundwater recharge; and
(vii) A discussion and evaluation of the potential impact of the proposal 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 Provides 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 department of environmental public 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 and may rely on input from Washington Department of Ecology. 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.
(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 reportGeologically hazardous area reports.
(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.When required in Article V, a site visit conducted by a qualified professional is required to
determine if a geologically hazardous area or buffer is present. Based on the site visit, a geotechnical letter or a
geotechnical report shall be prepared based on requirements in Article V (geologically hazardous areas), the general
report requirements of 18.22.360, and the report criteria specified in subsections (3) and (4) below. If the
professional geologist or engineer determines that a mapped geologically hazardous area does not meet the
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descriptions in the JCC 18.22.160(1), the geotechnical letter or report shall state how the provisions of that
subsection are not met and why the area is not subject to the provisions of Article V (geologically hazardous areas).
(2) Qualifications of the Preparer. Geotechnical letters and 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, orand seismic hazard evaluations. All geologically hazardous area
letters, reports, and drawings submitted to the department of community development shall be stamped and signed
by the professional preparing the documents.
(3) Information RequirementsGeotechnical Letter. A geotechnical letter shall be prepared and submitted only if all
project components, including areas of temporary impact and the limits of clearing, are outside of all geologically
hazardous area buffers, as described in the Assessment Level 1 description in 18.22.170(6)(a); provided that the
geologist or engineer is not proposing a buffer reduction. A geotechnical letter shall address the following:
(a) A description of the geologic setting of the region, based upon readily available data, including:Site location
and site description.
(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. Description of
proposed activity and of all geologically hazardous areas and buffers in the vicinity of the project area.
(c) A discussion and evaluation of the potential impact of the proposal upon existing geological hazards
Distance of the geologically hazardous area buffer and setbacks from the limits of clearing shall be depicted on
a site plan, which shall be included with the geotechnical letter..
(d) Recommendations on appropriate protection mechanisms, if necessary, to minimize the risk of erosion or
landslide. [Ord. 3-08 § 1]
(4) Geotechnical Report. A geotechnical report shall be prepared and submitted if any part of the proposed activity,
including areas of temporary impact and areas within the limits of clearing, are within a geologically hazardous area
or a buffer, as described in the Assessment Level 2 description in 18.22.170(6)(b), or if a buffer reduction is
proposed. A geotechnical report shall contain the following information:
(a) Site location, including parcel number.
(b) Detailed description of proposed activity.
(c) Date on-site geologic assessment was conducted and date report was completed.
(d) Summary of geologic information reviewed and analyzed (such as maps and reports) to determine the
potential for geologically hazardous areas to be present. Based on this review, identify the types of geologically
hazardous areas and buffers that have the potential to occur within 200 feet of the project area.
(e) Detailed description of the site, the geologically hazardous areas, and the buffers, including but not limited
to, surface and subsurface geology, hydrology, soils, and vegetation.
(f) Detailed description of the results of the field investigation, including all geologically hazardous areas
occurring on the site and within 200 feet of the project area. The description shall also address the stability of
the of the hazardous areas and buffers at the time of the investigation and shall describe any past activity in the
vicinity of the site or project area.
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(g) Detailed assessment of the potential for the proposed activity to affect the geologically hazardous area or
the stability of the area.
(h) Drainage and erosion control plan that addresses provisions in JCC 18.22.170(2) and presents physical,
structural, or managerial best management practices that prevent or reduce pollution of water.
(i) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC
18.30.060 and 18.30.070, and the 2014 Stormwater Management Manual for Western Washington (or as
amended), a description of potential effects of the proposed activity on stormwater quantity, quality, and runoff
patterns post-construction. The report must clearly indicate if the proposal will affect or alter water movement
to the geologically hazardous area and buffer if the proposal is implemented and identify measures to avoid or
minimize alteration of stormwater runoff patterns post-construction.
(j) If an activity is proposed within a geologically hazardous area, the report shall state if the proposal can be
safely constructed, occupied, or used, and shall include any engineering, design, and construction to protect
public health and safety.
(j) Conclusions and recommendations relevant to the proposed activity and existing site conditions.
(k) Site plan showing location and extent of proposed development used during the site visit.
(l) Figure showing geologically hazardous areas and buffers relative to property boundaries, the proposed
activity and clearing limits, existing structures and other site features, existing and proposed contours, and
stakes placed onsite.
(m) If grading within a geologically hazardous area or buffer is proposed, the geotechnical report must address
the grading requirements of JCC 18.30.060, the clearing and grading provisions of JCC 18.22.170(3), and shall
be stamped by the engineer.
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.
(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]
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18.22.440 Habitat management planFish and wildlife habitat conservation area reports.
(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.When required in Article VI, a site visit conducted by a qualified professional biologist is
required to determine if a fish and wildlife habitat conservation area (FWHCA) or buffer is present. Based on the
site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management plan. Habitat
reconnaissance letters and habitat management plans shall be prepared based on requirements in Article VI (fish and
wildlife habitat conservation areas), the general report requirements of 18.22.360, and the criteria specified in
subsections (3) and (4) below.
If a proposed activity occurs within the FWHCA or the inner 75 percent of a FWHCA buffer and a critical area
stewardship plan (CASP) is required, the CASP report shall also be prepared based on the report requirements of
subsection (4) below, JCC 18.22.4FF of this article, and Article IX of this chapter.
(2) Qualifications of the Preparer. Habitat review letters, habitat management plans, and critical area stewardship
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 Habitat Reconnaissance Letter. A habitat reconnaissance letter shall be prepared and
submitted only if all project components, including areas of temporary impact and the limits of construction, are
outside of all FWHCA buffers, as described in 18.22.265(1)(a); provided that no buffer reduction is proposed. A
habitat reconnaissance letter shall address the following:
(a) Identify the site location and describe the site conditions.
(b) Describe the proposed activity.
(c) Describe all FWHCAs and buffers on the property.
(d) Present the distance of all FWHCAs and buffers from the limits of clearing, as shown on a site plan. The site
plan used during the site visit shall be included in the habitat review letter.
(e) Photographs of the site and the FWHCAs and/or buffer.
(4) Habitat Management Plan. A habitat management plan shall be prepared and submitted if any portion of the
proposed activity, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA
or a buffer, as described in 18.22.265(1)(b), or if a buffer reduction is proposed. A habitat management plan shall
address the following:
(a) Site location, including parcel number.
(b) Detailed description of all proposed project components relative to property boundaries, other on-site
development, and limits of clearing. State whether or not in-water work is proposed, and if so, describe timing
and methods of construction.
(c) Date site visits were made and date report was completed.
(d) Summary of information reviewed (such as maps and reports) to determine the potential for FWHCAs or
buffers to occur on the property. Based on this review, identify all FWHCAs and buffers that may be present on
or in the vicinity of the site or project area.
(e) Describe the existing conditions on the property.
(f) Detailed description of the field investigation results, including habitat types present on the property, habitat
conditions with FWHCAs and buffers, location of native vegetation on the property, and location of non-native
or invasive vegetation on the property. The report should indicate if the critical areas extend offsite.
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(g) If the site or project area is identified as potential habitat for threatened or endangered species, provide dates
and times of site visit(s), methods used to determine presence or absence of listed species, methods used to
determine if appropriate habitat occurs onsite or in the vicinity of the site, and results of the field investigation.
(h) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC
18.30.060 and 18.30.070, and the 2014 Stormwater Management Manual for Western Washington (or as
amended), describe any potential effects of the proposed activity on stormwater quantity, quality, and runoff
patterns post-construction. The report must clearly indicate if the proposal will affect or alter water movement
to the FWHCA and buffer if the proposal is implemented and identify measures to avoid or minimize alteration
of stormwater runoff patterns post-construction.
(i) Identify all potential impacts of the proposed activity on FWHCAs or buffers. Impact assessment shall
include:
(i) Mitigation Sequencing. Describe measures to avoid impacts to FWHCAs and buffers. For any
unavoidable impacts, describe all project components that cannot avoid impacting the FWHCA or buffer,
and why the impacts cannot be avoided. Identify measures taken to minimize impacts.
(ii) Types of Impacts. All potential impacts to FWHCAs and buffers shall be identified and described in the
report. Impact assessments shall consider direct impacts, indirect impacts, permanent impacts, temporary
(long-term and short-term) impacts, and cumulative impacts.
(iii) Impact Area. The area (square footage) of potential impact shall be quantified for each FWHCA and/or
buffer. At a minimum, impact area shall include FWHCA or buffer that occurs within the limits of clearing,
as shown on the site plan.
(iv) Functional Impact. The impact assessment shall describe how FWHCA and buffer functions will be
affected by the proposed development or use. The assessments shall consider how the proposed activity
will affect natural processes.
(j) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include:
(i) Description of the mitigation area and suitability of the area to compensate for impact area and
functions.
(ii) Detailed description of the mitigation proposal.
(iii) Goals and objectives of the mitigation, including a detailed description of how the proposal will
compensate for impacts.
(iv) Table identifying impact areas (in square feet) and functions affected for each FWHCA and buffer that
also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between
potential impacts (area and function) and proposed mitigation (area and function).
(v) Mitigation plans shall include performance standards that are applicable to the goals and objectives of
the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance
standards shall be specified in the plan for each of the five years of monitoring.
(vi) A planting plan that lists the species to be planted, including quantity and planting density of each
species to be installed.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described.
(viii) Contingency measures shall be described. If any performance standard is not met, the administrator
shall require contingency measures be implemented and may extend the monitoring period beyond five
years to ensure FWHCAs and buffers are adequately mitigated and protected.
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(ix) Figure showing existing conditions, including the property boundaries, the location of the proposed
activity and limits of clearing, existing structures and other physical features on the property, the location
of all on-site FWHCAs, and all on-site FWHCA buffers. This figure shall be to scale using an easily
readable (engineering) scale.
(x) Figure showing impact areas on the property. Figure must be to scale based on an engineering scale and
shall show all FWHCAs and buffers potentially affected by the proposal relative to the limits of clearing,
property boundaries, and existing site features. Type of impact and area of impact in square feet, as
described in subsection (4)(i)(ii) and (iii) above shall be included on the figure.
(xi) Figure showing mitigation areas on the property. Figure must be to scale based on an engineering scale
and shall show all mitigation areas proposed on the property. Square footage of each mitigation area shall
be shown on the figure. If buffer averaging is proposed, the area of increase shall be shown relative to the
area of decrease on the figure.
(xii) Photographs of the site and the FWHCAs and/or buffer.
(5) If any portion of the proposed activity is within a FWHCA or the inner 75 percent of a standard buffer, a critical
area stewardship plan shall be required and the report shall also address requirements in JCC 18.22.4FF of this
article and comply with Article IX (critical area stewardship plans). If the provisions of the critical area stewardship
plan cannot be met by the applicant, a reasonable economic use variance shall be required.
(6) In-lieu Fee Program. A mitigation plan shall not be required if the ILF program, as specified in JCC
18.22.2EE(3)(b)(iii), is used to mitigate project impacts.
(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
(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;
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(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 reports.
(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.When required by
Article VII, a site visit conducted by a qualified wetland professional is required to determine if a wetland or
wetland buffer is present. Based on the site visit, a wetland reconnaissance letter or a wetland delineation report
shall be prepared. Wetland reconnaissance letters and wetland delineation reports shall be prepared based on
requirements Article VII (wetlands), the general report requirements of 18.22.360, and the criteria specified in
subsections (3) and (4) below.
If a proposed activity occurs within a wetland or the inner 75 percent of a wetland buffer and a critical area
stewardship plan (CASP) is required, the CASP report shall also be prepared based on the report requirements of
subsection (4) below, JCC 18.22.4FF of this article, and Article IX of this chapter.
(2) Qualifications of the Preparer. Wetland delineation reports shall be prepared by a qualified wetland professional
biologist with wetlands education and at least five years of expertise delineating wetlands and preparing wetland
reports., a professional wetland scientist certified by the Society of Wetland Scientists. A person who has obtained a
Society of Wetland Scientists Professional Wetland Scientist certification shall be qualified to prepare wetland
reports.
(3) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and submitted only if all the
project components are at least 300 feet from areas of temporary impact and the limits of clearing, as described in
18.22.330(2)(a); provided that no buffer reduction is proposed. A wetland reconnaissance letter shall address the
following:
(a) Identify the site location and describe the site conditions.
(b) Describe the proposed activity.
(c) Describe all wetlands and buffers on the property.
(d) Present the distance of all wetlands and buffers from the limits of clearing, as shown on the site plan. The
site plan used during the site visit shall be included in the wetland reconnaissance letter.
(e) Provide a wetland delineation field data form for all potential wetland areas assessed. Plot locations shall be
shown on the site plan that is attached to the wetland reconnaissance letter.
(f) Photographs of the site and the wetlands and/or buffer.
(4) Wetland Delineation Report. A wetland delineation report shall be prepared and submitted if any portion of the
proposed activity is within 300 feet of areas of temporary impact and areas within the limits of clearing, as described
in 18.22.330(2)(b), or if a buffer reduction is proposed. A wetland delineation report shall address the following:
(a) Site location, including parcel number.
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(b) Detailed description of all proposed project components relative to property boundaries, other on-site
development, and the limits of clearing.
(c) Date site visits were made and date report was completed.
(d) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands and
buffers to be present. Based on this review, describe wetlands and buffers that may occur within 300 feet of the
proposed activity.
(e) Describe existing conditions on the property.
(f) Detailed description of the field evaluation results, including methods used to determine if wetlands occur
onsite or within 300 feet of the proposed activity, location and types of wetlands identified, and buffer
conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and buffer
widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and
number.
(g) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC
18.30.060 and 18.30.070, and the 2014 Stormwater Management Manual for Western Washington (or as
amended), describe any potential effects of the proposed activity on stormwater quantity, quality, and runoff
patterns post-construction. The report must clearly indicate if the proposal will affect or alter water movement
to the wetland and buffer if the proposal is implemented and identify measures to avoid or minimize alteration
of stormwater runoff patterns post-construction.
(h) Identify all potential impacts of the proposed activity on wetlands or buffers. Impact assessment shall
include:
(i) Mitigation Sequencing. Describe measures to avoid impacts to wetlands and buffers. For any
unavoidable impacts, describe all project components that cannot be avoid impacting wetlands and buffers,
and why the impacts cannot be avoided. Identify any measures taken to minimize impacts.
(ii) Types of Impacts. All potential impacts to wetlands and buffers shall be identified and described in the
report. Impact assessments shall consider direct impacts, indirect impacts, permanent impacts, temporary
(long-term and short-term) impacts, and cumulative impacts.
(iii) Impact Area. The area (square footage) of potential impact shall be quantified for each wetland and/or
buffer. At a minimum, impact area shall include wetland or buffer that occurs within the limits of clearing,
as shown on the site plan.
(iv) Functional Impact. The impact assessment shall describe how wetland and buffer functions will be
affected by the proposed development or use. The assessments shall consider how the proposed activity
will affect natural processes.
(i) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include:
(i) Description of the mitigation area and suitability of the area to compensate for impact area and
functions.
(ii) Detailed description of the mitigation proposal.
(iii) Goals and objectives of the mitigation, including a detailed description of how the proposal will
compensate for impacts.
(iv) Table identifying impact areas (in square feet) and functions affected for each wetlands and buffers that
also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between
potential impacts (area and function) and proposed mitigation (area and function).
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(v) Mitigation plans shall include performance standards that are applicable to the goals and objectives of
the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance
standards shall be specified in the plan for each of the five years of monitoring.
(vi) A planting plan that lists the species to be planted, including quantity and planting density of each
species to be installed.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described.
(viii) Contingency measures shall be described. If any performance standard is not met, the administrator
shall require contingency measures be implemented and may extend the monitoring period beyond five
years to ensure wetlands and buffers are adequately mitigated and protected.
(ix) Wetland determination field data forms shall be included in the wetland report. Forms shall be legible
and sufficient forms shall be submitted to demonstrate all potential wetlands were identified onsite.
(x) Wetland rating form for each wetland identified shall be included in the wetland report.
(xi) Figure showing existing conditions, including the property boundaries, the location of the proposed
activity and limits of clearing, existing structures and other physical features on the property, the location of all on-site wetlands and buffers, location of wetland boundary flagging and numbering, and identify plot
locations. This figure shall be to scale using an easily readable (engineering) scale.
(xii) Figure showing impact areas on the property. Figure must be to scale based on an engineering scale
and shall show all wetlands and buffers potentially affected by the proposal relative to the limits of
clearing, property boundaries, and existing site features. Type of impact and area of impact in square feet,
as described in subsection (4)(h)(ii) and (iii) above, shall be included on the figure.
(xiii) Figure showing mitigation areas on the property. Figure must be to scale based on an engineering
scale and shall show all mitigation areas proposed on the property. Square footage of each mitigation area
shall be shown on the figure. If buffer averaging is proposed, the area of increase shall be shown relative to
the area of decrease on the figure.
(xiv) Photographs of the site and the wetlands and/or buffer.
(5) If any portion of the proposed activity is within a wetland or the inner 75 percent of a standard buffer, a critical
area stewardship plan shall be required and the report shall also address requirements in JCC 18.22.4FF of this
article and comply with Article IX (critical area stewardship plans). If the provisions of the critical area stewardship
plan cannot be met by the applicant, a reasonable economic use variance shall be required.
(6) In-lieu Fee Program. A mitigation plan shall not be required if the ILF program, as specified in JCC
18.22.350(6), is used to mitigate project impacts.
(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:
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(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 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]
18.22.4FF Critical area stewardship plan reports.
Critical area stewardship plans shall be prepared by a qualified professional if any portion of the proposed activity
will occur within a wetland, a fish and wildlife habitat conservation area, or within the inner 75 percent of a wetland
buffer or a fish and wildlife habitat conservation area buffer. In addition to the habitat management plan
requirements of JCC 18.22.440 and/or the wetland report requirements of JCC 18.22.450, the critical areas
stewardship plan shall address the following:
(1) The section of the report describing existing conditions shall also include:
(a) A qualitative description of the physical and biological condition of any surface waters on the property.
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(b) Evidence of historic or existing land uses and human disturbances on the property.
(c) A description of adjacent watershed conditions within three-tenths of one mile (1,584 feet):
(i) A contours map describing land elevations;
(ii) Documented or observed presence of endangered or threatened species, or habitats;
(iii) Document priority habitats and species;
(iv) A qualitative assessment of hydrologic conditions; and
(v) Photo documentation of existing conditions.
(d) Site plan showing the entire parcel and all critical area(s) and buffer(s) on the property as well as any
existing development. Site plant must be accurate, legible, and to scale.
(2) The section of the report describing impacts shall also include photographs of the impact area(s).
(3) The section of the report describing mitigation shall also include:
(a) A justification of how the mitigation area protects critical area and buffer functions and values;
(b) The performance standards must include the following components:
(i) Monitoring Indicator. Identify parameters to be monitored.
(ii) Monitoring Metric. Quantify parameters to be monitored.
(iii) Monitoring Timeframe. Specify monitoring timeframe (five years minimum).
(c) Justification for selected species in the planting plan list.
(d) A description and location(s) of any non-native and/or invasive vegetation that is to be controlled or
eradicated, including methods to control the species.
(e) A description of any short-term protection measures that may be needed (such as protective tubes for plants,
jute matting to stabilize soils in planted areas, mulch).
(f) A statement that an as-built is to be submitted within 60 days of completion of the mitigation work and that
annual monitoring reports are to be submitted by October 31 of each monitoring year.
(g) Figure showing the areas to be used for mitigation (if grading is proposed, figure must include existing and
final contours along with ration for grading) and showing photo points for future monitoring.
(h) Photographs of the mitigation area(s).
(i) Any supporting references from published literature needed to clearly demonstrate that the critical area and
buffer will be protected.
18.22.4GG Frequently flooded area reports.
A habitat assessment shall be submitted if any portion of the proposed project occurs within a Special Flood Hazard
Area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). The report shall be prepared
by a qualified biologist who has 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.
Habitat assessments shall be conducted based on the 2013 Floodplain Habitat Assessment and Mitigation: Regional
Guidance for the Puget Sound Basin, or as amended by FEMA. Habitat Assessments shall also be prepared to
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comply with Article III of this chapter and the flood damage prevention ordinance, as codified in Chapter 15.15
JCC.
18.22.4HH Right-of-entry for mitigation verification.
For any mitigation proposal approved by the department of community development, an applicant shall include
provisions in the submittal that allows right-of-access to the department of community development for the duration
of the specified maintenance and monitoring timeframe, or until the performance standards are met. Right-of-entry
shall be limited to the portion of the property where the mitigation was proposed and shall be limited until such time
that all performance standards and permit conditions are met; provided, the department of community development
contacts the property owner at least 24 hours prior to the site visit, stating the purpose of the site visit.
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 and
VII (Wetlands) of this chapter. CASPs shall be required for buffer reductions greater than 25 percent; provided that
the application does not require a reasonable economic use variance. 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 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.CASPs may be used in any zoning designation if the provisions of this article can be met.
CASPs may not be used in the urban growth area if a buffer reduction implemented while using transitional zoning
(i.e., rural zoning designation prior to connection with a sewer system) has the potential to preclude future density
requirements. The overall goal of the critical areas stewardship plan is to maintain existing functions and values of
the watershed and subbasin while addressing the needs and desires of the property owner.
(2) They CASPs can be applied to properties one-quarter acre or larger.
(3) CASPs are only applicable to fish and wildlife habitat conservation areas and associated buffers (Article VI) or
wetlands and associated buffers (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.
(75) 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]
18.22.4II Implementation.
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(1) A CASP permit is valid for the same timeframe as the underlying permit (e.g., building permit, septic permit,
shoreline permit). If the underlying permit does not have a specified expiration date or if the CASP application is a
standalone application, the CASP permit shall be valid for three years from the date the CASP permit is issued. A
CASP permit shall not be considered valid beyond five years from the date the CASP permit is issued. If the
underlying permit remains valid beyond five years, the CASP permit shall be considered null and void. Once the
permit has expired, it shall not be renewed.
(2) The applicant shall record a notice title for any approved mitigation at the Auditor’s Office and shall post a
mitigation performance bond with DCD. The administrator shall provide the necessary paperwork to the applicants.
Assuming the administrator does not need to designate staff (or contract with other qualified professionals) to ensure
that maintenance and monitoring are completed as required by this section, the performance bond is to be refunded
to the applicant at the end of the specified monitoring period or when all performance standards are met, whichever
is greater. The CASP permit is a conditional approval and no other permits (such as building, shoreline, septic) shall
be approved until the applicant has recorded the notice to title and posted the performance bond.
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 (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
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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:
(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 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;
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(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;
(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;
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(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 encouragedthat shows the condition of mitigation area(s) once CASP
mitigation has been implemented. [Ord. 3-08 § 1]
(5) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the
approved CASP report and to the CASP permit conditions.
(6) Building final certificate of occupancy and/or septic final shall not be issued until the applicant has submitted an
as-built showing compliance with this article, the approved CASP report, and all CASP permit conditions.
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;
(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 The administrator shall authorize the use of the performance bond to ensure maintenance and monitoring are
completed to comply with permit conditions. In the event the performance bond amount is insufficient to ensure
compliance with the permit (or if activities on the site have negatively affected the mitigation area(s), the failure to
comply with CASP permit conditions shall be processed by the administrator pursuant to 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]
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Article X. Implementation Strategies
18.22.570 Conservation futures.
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 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.
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(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.
(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]
(f) Avoid irrigating lawns and landscaping near erosion prone areas.
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;
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(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 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]
Article XIII. Agriculture
All regulated activities shall comply with critical area provisions in Articles I through XII of this chapter, except that
certain agricultural activities described in subsection 6JJ(1) below may use alternative protection standards in
section 6LL for wetlands and for fish and wildlife habitat conservation areas (FWHCAs). If the alternative
protection standards cannot be met, then the protection standards of Articles I through XII shall be used by the
applicant.
18.22.6JJ Applicability.
(1) Agricultural uses and activities, including agricultural accessory uses, as defined in JCC 18.10.010, shall have
the option of using the requirements of this article, if at least one of the following is met:
(a) Agricultural resource lands designated as prime (AP-20) or local (AL-20); or
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(b) Agricultural lands enrolled in the county agricultural open space tax program, pursuant to 84.34 RCW; or
(c) Agricultural lands in which a recorded document, such as an easement, provides for the preservation of
agricultural lands and uses in perpetuity.
(2) If subsection (1) is not applicable, then other farming or agriculture activities (such as hobby farms and
agriculture occurring on parcels zoned rural residential) proposed within a critical area or a critical area buffer shall
comply with all applicable critical area regulations in Articles I through XII of this chapter. Additionally, non-
agricultural activities (such as construction of a single-family residence) on lands meeting subsection (1) above shall
comply with all applicable critical area regulations in Articles I through XII of this chapter.
18.22.6KK Regulated activities.
New agricultural activities (not meeting the definition of existing and ongoing agriculture) or expansion of existing
agricultural activities shall comply with critical area requirements. Regulated agricultural activities shall include, but
are not limited to:
(1) Clearing natural vegetation or removing trees (clearing does not include harvesting an agricultural crop);
(2) Grading, including dredging, excavating, or filling;
(3) Dumping garage, waste, or other refuse;
(4) Discharging surface water runoff from development via overland flow, built conveyance systems, or infiltration
facilities;
(5) Altering water levels (surface and subsurface), water quantity, water quality, or surface water flow rates;
(6) Draining a wetland, fish and wildlife habitat conservation area, or frequently flooded area;
(7) Diverting or impounding water;
(8) Storing and using agricultural chemicals, including pesticides, herbicides, fertilizers, and other hazardous
materials;
(9) Creating new ditches and farm ponds or expanding existing ditches and farm ponds;
(10) Installing new fencing; or
(11) Constructing an agricultural structure or expanding an existing structure farther into the critical area or buffer.
18.22.6LL Alternative protection standards.
The following alternatives allow flexible protection standards relative to Articles VI (fish and wildlife habitat
conservation areas) and VII (wetlands). Where an applicant demonstrates the proposal adequately provides
protection of critical areas and buffers, and that implementation of the proposal is not likely to degrade critical areas
or buffers over time, the following may be used.
(1) Critical Areas Plan. An applicant may submit a critical areas plan prepared by the Jefferson County Conservation
District for review and approval by the department of community development. A critical areas plan may be used for
impacts to wetlands, wetland buffers, FWHCAs, or FWHCA buffers. A critical areas plan shall address all report
requirements in Articles VI (fish and wildlife habitat conservation areas), VII (wetlands), and VIII (critical areas
reports).
(2) Working Buffers. An applicant may use the working buffers concept from the Snohomish County Conservation
District; provided, the applicant submits sufficient information demonstrating the proposal is consistent with the
applicable agroforestry template. The working buffer shall not be allowed within the inner 35 feet of a wetland ro
FWHCA buffer and shall not be used if the buffer is associated with a wetland scoring high for habitat value or
having special characteristics (as determined from the wetland rating form). This alternative is limited to buffers for
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wetlands or fish and wildlife conservation areas only; it shall not be used for agricultural activities proposed within a
critical area.
18.22.6MM Compliance benchmarks for critical area protection.
(1) Critical area protection is required for existing and ongoing agriculture as well as new agriculture. All
agricultural activities shall be conducted so as not to cause harm or degrade the existing functions of critical areas
and associated buffers. As allowed under WAC 365-196-830 (Protection of Critical Areas), both regulatory and
voluntary measures may be developed and used to prevent degradation of critical areas. For purposes of this article,
no harm means:
(a) Water quality monitoring results shall based on sampling data collected and analyzed by Jefferson County
department of public health or a designated partnering agency. To comply with the no harm requirement for
water quality, all parameters evaluated must remain comparable (or improve) relative to established state
standards. If any water quality parameter shows a decline, the departments of community development and
public health may require on-site sampling of upstream and downstream water quality conditions to determine
if permitted activities that have been implemented have since affected water quality.
(b) Habitat ecology should remain comparable to the watershed descriptions presented in the March 2016
Watershed Characterization Report prepared for this critical areas update. Within the Chimacum Creek
drainage basin, stream conditions must be maintained at the level presented in Appendix H of the Chimacum
Watershed Agriculture, Fish & Wildlife Protection Plan (Jefferson County Conservation District 2004).
Additionally, indicators of habitat conditions, such as (1) the percent cover of woody vegetation shall not result
in a net decrease; (2) the amount of habitat features such as snags, downed woody debris, and open water
habitats shall not result in a net decrease; and the amount of impervious surfaces and bare ground shall not
result in a net increase on the agricultural land as a result of implementing an approved agricultural activity.
(c) Salmonid stocks should remain stable or improve (based on published Washington Department of Fish and
Wildlife assessments, reports, and online information). At a site-specific level, any activity that negatively
affects salmonids shall be considered a negative benchmark. This could include, but is not limited to,
installation of in-stream barriers to fish passage, removing woody debris from a stream, altering spawning
gravel, altering pool/riffle instream conditions, or introduction of chemicals into the water column.
(2) Farm Plans. If agricultural activities result in degradation of a critical area, the farmer shall be required to either
cease the agricultural activity that results in critical area degradation or prepare a plan that demonstrates how
farming activities will be brought into compliance with critical area protection requirements. A farm management
plan may be developed by the Jefferson County Conservation District to voluntarily bring the agricultural activity
into compliance with critical area protection standards. A farm management plan shall be submitted to department of
community development for review and approval. If the administrator determines a farm management plan does not
sufficiently address critical areas degradation, a farm plan (prepared by a certified qualified professional) or other
enforcement action based on Chapter 18.50 shall be required.