HomeMy WebLinkAboutPC Agenda Packet 12-04-2019Jefferson County Planning Commission
MEETING AGENDA Tri-Area Community Center, 10 W Valley Rd, Chimacum, WA 98325 December 4, 2019 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us
Regular Business
5:30pm Welcome (chair) and Overview Presentation
• Call to Order/Roll Call
• Approval of Agenda
• Approval of previous Meeting Minutes, if available
• Commissioner Announcements
• Directors Update
5:35pm Observer Comment
Up to 10 minutes total; those that wish to speak may have 2 minutes each. See
Observer Comment Conduct, below. Regular Business • Briefing on Critical Area Ordinance (CAO): Review of history, legislative directions
2018-present; CAO regulatory reform task force process, outputs and outcomes;
o Patty Charnas, DCD Director
o Lisa Grueter, Principal Planner, BERK and Associates
o Al Cairns, Manager, Jefferson County Conservation District
• Q and A and Next Steps Adjournment
Thank you for coming and participating in your government at work!
Observer Comment Conduct: When the Chair recognizes you to speak, please begin by stating your name
and address. Please be aware that the observer comment period is …
1) An optional time period dedicated to listening to the
public, not a question and answer session. The
Planning Commission is not required to provide
response;
2) Offered at the Chair’s discretion when there is time;
3) Not a public hearing – comments made during this time
will not be part of any hearing record;
4) May be structured with a three-minute per person time
limit.
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PROPOSED PLANNING COMMISSION
MEETING DATES
2020
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Jefferson County Critical Areas Regulatory Reform Task Force
Recommendations Report
CONTENTS
I. Introduction and Overview of the Task Force
Process and Schedule
Summary of Outcomes
II. Items of Task Force Concurrence
a. #1 - #48
III. Appendices
a. Comprehensive Plan goals and policies with
relevance to Task Force work
b. Resolution 17-19 on Regulatory Reform
c. Resolution 35-19 establishing Task Force
d. Task Force Charter
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Introduction and Overview of the Task Force
Background
As required by the Washington Growth Management Act
(GMA), Jefferson County began working on its periodic
update to its Comprehensive Plan including updates to its
critical areas ordinance (CAO) in 2014. Work was completed
on updating the record of best available science and an initial
draft CAO update was briefed to the County’s Planning
Commission in late 2017. The Planning Commission requested
that additional work be done and emphasized the need for
more work on balancing agricultural activities and farming in
critical areas. The County deferred work on the CAO until the
periodic updates to its Comprehensive Plan were completed
in December, 2018. The Plan acknowledged that more effort
is needed in providing for affordable housing and economic
development opportunities while protecting the County’s
environment and public health.
The Critical Areas Regulatory Reform Task Force
On July 8, 2019 the Jefferson County Board of Commissioners
(BoCC) passed Resolution 35-19 and established the Critical
Area Regulatory Reform Task Force (Task Force) for the
purposes of advising the County with recommendations as
the County finalizes its updates to its Critical Areas Ordinance
(CAO). The Task Force provided for broad and robust public
participation in the CAO update process and was directed to
follow the letter and intent of Resolution 17-19. That
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resolution, adopted in late March, 2019, set forth a program
of regulatory reform directing County programs to streamline
and simplify county codes and regulations while protecting
the environment and public health.
The Task Force appointed citizen members which represented
a broad variety of stakeholders including farmers and
agricultural interests, building designers and developers,
environmental interests and general commissioner district
representatives. A volunteer Task Force Facilitator was
appointed and the District 3 Commissioner, Community
Development Director, and County professional planning
consultant attended each task force meeting.
Process and Schedule
The Task Force work process was directed by Resolution 35-
19, which stated that other, GMA-compliant jurisdictions
were to be used to compare CAO standards and inform Task
Force recommendations. Task Force meeting topics were
substantively guided by white papers produced by Lisa
Grueter, Principal Planner with BERK and Associates, a
professional planning consulting firm who assisted the County
with its Comprehensive Plan periodic update and was
retained to help complete the County’s state-mandated
periodic update to its CAO.
The Task Force held meetings on every other Thursday
beginning August 8, 2019, with an extra meeting on
November 7. The initial work plan was to have the Task Force
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review and make recommendations on each separate Article
of an existing draft CAO update. It became clear early on that
the group wanted to prioritize work on protecting critical
areas on farms and where agricultural activities happen.
The Task Force was informed by the County in September
that because of the CAO not having been completed by its
state-mandated deadline that work by the Task Force could
not extend beyond the end of 2019. The County passed
Resolution 50-19 committing the County to adopt an updated
CAO no later than February 28, 2020 and directed the Task
Force to complete its meetings and work by November 18,
2019. In reviewing Task Force members’ schedules, it became
clear that the Task Force would not be able to meet as a
group with a quorum beyond November 14, 2019. Thus, Task
Force work on all critical areas code sections was not
possible.
Summary of Outcomes
The Task Force met a total of nine times. The Task Force
agreed to be paperless as much as possible and accessed
materials via a dedicated web page as well as through email
from the Facilitator. The Task Force decided early on to focus
attention on agricultural activities ad critical areas
protections. The Task Force was largely guided by Whatcom
County’s programs and codes which provided a performance-
standard based CAO in addition to prescriptive buffer
standards. The Task Force discussed and applied Whatcom
County codes in a way that made sense for Jefferson County,
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meaning not all Whatcom County code was adopted verbatim
but instead was modified to serve the needs of Jefferson
County best. The performance-based CAO standards were
very popular with most all Task Force members. There was
insufficient time to develop performance-based
recommendations for all critical area types or all permit
types.
The Task Force completed recommendations on a new
section to the Jefferson County CAO on agricultural activities,
completed recommendations on the general administration
of the CAO and on development standards for wetlands and
fish and wildlife habitat conservation areas (streams and
other water bodies). The Task Force did not have the
opportunity to work on the CAO’s draft code on geologically
hazardous areas, critical aquifer recharge areas, frequently
flooded areas, or special reports sections. County staff is
completing those updates to the existing draft CAO.
The Task Force produced recommendations by discussing and
then ‘voting’ on “Items of Task Force Concurrence.” Many
Items created a lot of Task Force discussion and not all Items
received unanimous approvals. The following pages display all
Task Force Recommendations, including some that did not
receive full concurrence. Some of the Items specifically relate
to discussion topics contained in white papers produced by
BERK and Associates.
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CAO TASK FORCE RECOMMENDATIONS
1. Provide a “navigational graphic” at the opening of
the CAO
An overview table or other graphic should appear at the
beginning of Chapter 18.22, identifying the types of
areas subject to the code, and assisting with “navigation”
through the CAO.
It was further suggested that a visible notation should
appear on each page, showing where the reader is, in
relation to the overview graphic.
Task Force vote: All in favor
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2. The terms “allowed” and “exempt” should be
clarified
Use of the terms “allowed” (under the CAO) and
“exempt” (from these regulations or from the County’s
jurisdiction) is confusing . . . they must be more clearly
defined.
“Allowed” should be used when the development falls
within the County’s jurisdiction and the CAO regulations
apply to it, but the specific named activity is “allowed” as
long as it meets specified conditions or criteria.
“Exempt” activities either don’t require a permit at all or
are deemed to have no impact or an acceptably low
impact on the functions and values of critical areas.
Task Force vote: All in favor
8
3. A Performance-Based approach should be
provided in addition to Prescriptive regulation
Performance-based requirements should replace
prescriptive mandates where possible . . . educating
developers / farmers / applicants what a critical area is,
why it’s important, what it needs to remain a valuable
component of the ecosystem, and helping them to find
ways to protect the critical area and its functions
For agricultural activities, a hybridized model of side-by-
side “voluntary stewardship (VSP)-type” methods and
prescriptive CAO regulations would be the best of both
worlds and could be made to work in Jefferson County.
The desired approach is a dual track for permitting Ag
activities that may affect Critical Areas: one track with
prescriptive rules, the other focusing on performance-
based standards.
The TF recommended that both options be available to
agricultural permit applicants.
Task Force vote: All in favor
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4. Cultural change will be needed
Moving from prescriptive to performance-based
regulations requires a significant culture change, but
offers substantial benefit in:
• on-the-ground results,
• clarification of what should be protected and why,
• using data gathered locally over 25 years,
• actions that increase public value over the status
quo,
• changed relationships between County staff and the
landowning / development / business communities,
• greater job enjoyment and professional gains for
regulatory staff,
• new ideas, increased creativity and intentionality,
and
• tested best practices that can be applied to other
like projects and land uses.
Such an approach will call for a potential cultural shift,
requiring extensive staff training and additional funding
support, for implementation to be successful.
Task Force vote: All in favor.
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5. Describe the purposes and intent of the CAO
regulations
Jefferson County should clearly describe the beneficial
functions and values of areas designated as “critical
areas” and should describe the outcomes that need to
be achieved for these areas to retain and/or improve
their values and functions.
Explain in plain language what is being protected and
the purpose of the regulations.
Task Force vote: 8 in favor, 1 abstention
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6. Achieve No Net Loss
The CAO needs to require and assure no net loss.
Task Force vote: All in favor
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7. Partner with independent professionals and
organizations
Partners can work directly with applicant farmers to
prepare a plan that fulfills the requirements of
performance-based standards.
e.g.,
• Jefferson County Conservation District
• Washington State Conservation Commission
• Ruckelshaus Center
• Washington State University’s Low Impact
Development Research Program
• Organic farming certification authorities
Partnering in this way would both reduce burden on DCD
staff and better serve permit applicants and agricultural
operators.
However, some of these agencies may not have the
expertise to address all critical areas concerns.
Task Force vote: All in favor
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8. Provide incentives for landowners
The Code should provide incentives for applicants to
voluntarily design their projects and plan their uses so
that critical areas are not only protected but improved /
restored.
Incentives could include:
• their applications might be “fast tracked” or offered
more timely review
• special consultative assistance
• opportunities to pilot new methods
Task Force vote: All in favor
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9. There should be no rule regarding duration of
fallow status
There should be no regulation in the Jefferson County
Code regarding “fallow land” duration, or changes in
products and practices that are clearly part of agricultural
production and farm management.
Agricultural land reactivated after a fallow or non-
productive period (e.g., 5 years) should not be held to
different standards than continuously farmed land.
Note: See Item 10 for further discussion.
Task Force vote: All in favor
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10. Definition of agricultural activities
The definition set out in the Shoreline Management Act
and incorporated in WA code as RCW.90.58.065* should
be incorporated in Jefferson County CAO regulations as
the definition of “agriculture.”
This definition broadly and thoroughly defines
“agriculture” as TF members understand the scope of
agricultural activities, and it obviates the concern with
fallow land being classified as “new agriculture” when it
is returned to production.
The definition also clarifies that allowed activities include
“maintaining, repairing, and replacing agriculture
facilities” with conditions.
*"Agricultural activities" means agricultural uses and practices including, but not
limited to: Producing, breeding, or increasing agricultural products; rotating and
changing agricultural crops; allowing land used for agricultural activities to lie fallow in
which it is plowed and tilled but left unseeded; allowing land used for agricultural
activities to lie dormant as a result of adverse agricultural market conditions; allowing
land used for agricultural activities to lie dormant because the land is enrolled in a
local, state, or federal conservation program, or the land is subject to a conservation
easement; conducting agricultural operations; maintaining, repairing, and replacing
agricultural equipment; maintaining, repairing, and replacing agricultural facilities,
provided that the replacement facility is no closer to the shoreline than the original
facility; and maintaining agricultural lands under production or cultivation.
Task Force vote: All in favor
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11. Adopt a “typing” system for agricultural
activities
Adopt a “typing” system for agricultural operations, but
make it different from Whatcom County’s “risk
classification” method.
Definition of the “types” needs to be modified to suit the
character of farming and the resource concerns in
Jefferson County.
Modifications will be needed in the Whatcom example to
make “type” classifications, risk assumptions, and
monitoring requirements specific to and appropriate to
Jefferson County conditions.
Task Force vote: All in favor
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12. Clarity is needed in regulations and measurable
benchmarks
Task Force vote: All in favor
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13. Accountability for resource degradation
Assure that farmers not be held responsible for resource
degradation they have not caused and cannot control.
Task Force vote: All in favor
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14. There should be no distinction between
“existing” agriculture and “new” agriculture
There is no need to make a distinction between new and
existing agriculture within the regulations because the
TF’s recommended definition of agriculture (see Item
#10) does not make such a distinction.
“. . . if anyone needs to come in for a permit, they should
have a choice of the prescriptive option or the
performance-based option.”
Task Force vote: All in favor
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15. Consistency with Federal and State regulations
Include in the Code that Jefferson County will accept
documentation of compliance with named Federal / State
requirements (e.g., National Flood Insurance Program
requirements), as satisfaction of County requirements
addressing the same environmental protections.
Task Force vote: All in favor
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16. “Farm Plan” should be replaced with the phrase
“conservation practices”
The TF advises use of the phrase “conservation
practices” to replace the term and concept of “farm plan.”
Task Force vote: All in favor
22
ITEMS OF CAO TF CONCURRENCE
#17
Deleted Agricultural ‘typing’ system used in Whatcom County code
based on ag activity; was replaced by a more favorable
‘typing’ based on critical areas resource concern
ITEMS OF CAO TF CONCURRENCE
#18 and #19
Deleted Direction to DCD to ensure sufficiency of ag conservation
practices which would require specific competencies in ag
operations; this was replaced by more favorable direction to
develop a process (and have it directed in code) with the
Conservation District and, when applicable, to refer and
reply on the conservation practices required by NRCS, State
CC, other state and federal ag agencies (See #23 and #27)
Deleted A practice that Whatcom County included that provided a
special kind of leniency to farmers against enforcement
actions
ITEMS OF CAO TF CONCURRENCE
#20
Deleted removed a requirement that Whatcom County practices
relating to “imminent public health threat.” This is dealt with
by JeffCo’s environmental public health programs
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21. Definition of “compliance” with Conservation
Practices
Whatcom County defines compliance as “implementing
an approved Farm Plan.”
Jefferson County should ensure that agricultural
applicants are implementing appropriate Conservation
Practices.
Task Force vote: All in favor
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22. Finding a Farm Operation non-compliant with
Conservation Practices
Whatcom CPAL lists 6 situations where an approved
Farm Plan can become non-compliant
(WCC16.16.860D; see below).
The TF agreed that all six are reasonable.
Whatcom Co Code 16.16.860
D. Agricultural operations shall cease to be in compliance with this article, and a
new or revised conservation farm plan will be required, when the technical
administrator determines that any of the following has occurred:
1. When a farm or ranch operator fails to properly and fully implement and maintain
their conservation farm plan.
2. When implementation of the conservation farm plan fails to protect critical areas. If
so, a new or revised conservation farm plan shall be required to protect the values
and functions of critical areas at the benchmark condition.
3. When substantial changes in the agricultural activities of the farm or livestock
operation have occurred that render the current conservation farm plan ineffective.
Substantial changes that render a conservation farm plan ineffective are those that:
a. Degrade baseline critical area conditions for riparian and wetland areas that
existed when the plan was approved; or b. Result either in a direct discharge or
substantial potential discharge of pollution to surface or ground water; or c. The type
of agricultural practices change from Type 1 to Type 2, Type 2 to Type 3, or Type 1 to
Type 3 operations.
4. When the increase in livestock or decrease in land base or nutrient export results
in the farm being out of balance between the nutrients generated and to be used by
growing crops.
5. When a new or revised conservation farm plan is required, and the farm operator
has been so advised in writing and a reasonable amount of time has passed without
significant progress being made to develop said plan. Refusal or inability to provide a
new plan within a reasonable period of time shall be sufficient grounds to revoke the
approved conservation farm plan and require compliance with the standard
provisions of this chapter.
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6. When an owner or manager denies the technical administrator reasonable access
to the property for technical assistance, monitoring, or compliance purposes, then the
technical administrator shall document such refusal of access and notify the owner of
his/her findings. The owner shall be given an opportunity to respond in writing to the
findings of the technical administrator, propose a prompt alternative access schedule,
and to state any other issues that need to be addressed. Refusal or inability to
comply with an approved conservation farm plan within a reasonable period of time
shall be sufficient grounds to revoke said plan and require compliance with the
standard provisions of this chapter.
Task Force vote: All in favor
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23. Monitoring and reporting on implementation of
Conservation Practices
The County should be responsible for ensuring that
monitoring is conducted.
County staff should work with responsible farm agencies
to develop and implement a monitoring program.
Monitoring requirements and processes should be
customized to the specific permit and included in permit
conditions.
Note: The TF “assigned” to DCD and JCCD the task of describing how
and by whom monitoring will be done.
Task Force vote: All in favor
27
ITEMS OF CAO TF CONCURRENCE
#24
Deleted A consideration of a Whatcom County
mechanism regarding “farm plans” and
enforcement. TF recommends using
“conservation practices” and not “farm
plans.”
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25. Public disclosure of farm management
information
Conservation Practices agreements should:
• Protect proprietary information
• Not be disclosed publicly
• Not be held by a local government agency that is
required to disclose all of its records
• Provide data (without attribution) useful to ascertain
the utility/effectiveness of ag management practices,
and to inform the public about measures taken to
protect the environment
Whatcom’s CPAL public disclosure standards (see
below) are deemed to be a good model for Jefferson
County.
Note: Legal and Risk Management is requested to assess what
characteristics of the Conservation Plan need to become public record.
Whatcom County Code 16.16.870 Limited public disclosure.
A. Conservation farm plans will not be subject to public disclosure unless required by
law or a court of competent jurisdiction;
B. Provided, that the county will collect summary information related to the general
location of a farming enterprise, the nature of the farming activity, and the specific
best management practices to be implemented during the conservation farm plan
review process. The summary information shall be provided by the farm operator or
his/her designee and shall be used to document the basis for the county’s approval of
the plan.
C. The county will provide to the public via its website information regarding which
farms have approved conservation farm plans and the date of their approval.
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D. Upon request, the county may provide a sample conservation farm plan, exclusive
of site- or property specific information, to give general guidance on the development
of a conservation farm plan.
Task Force vote: All in favor
30
ITEMS OF CAO TF CONCURRENCE
#26
Deleted A graphic that Whatcom County uses for ag applicants to
follow using Whatcom Ag Typing System
31
27. Consultation and assistance from farm
agencies and qualified consultants
Applicants / developers / landowners who choose the
performance-based standards approach should have
easy access to local, state and federal agriculture
program experts and consultants who are identified by
Jefferson County as partners in implementation of
performance-based agricultural regulations.
Task Force vote: All in favor
32
ITEMS OF CAO TF CONCURRENCE
#28
NOTE: This item replaced by Item #43, which
represents TF concurrence at Oct 31 meeting
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29. Code silence (on any regulatory topic) leads to
user uncertainty
Even though not all situations can be anticipated and
addressed in Code, the more complete the Code can
be the greater the common understanding by the
applicant and Code administrator.
Task Force vote: All in favor
34
30. Relationship between CAO regulatory reform
and climate change effects
The County is advised to use existing practices and
reviews to incorporate response to climate change in
the CAO.
Task Force vote: All in favor
35
31. Wetlands and their buffers
The TF recommends using Whatcom County as an
example to set wetland buffers (see below), as long as
there is supporting science regarding protection of
wetland values and functions.
16.16.630 Wetland buffer widths.
The technical administrator shall have the authority to require buffers from the edges
of all wetlands (in addition to the building setback required by WCC 16.16.265(D)) in
accordance with the following:
A. Wetland buffers shall be established to protect the integrity, functions and values
of the wetland. Wetland buffers shall be measured horizontally from a perpendicular
line established by the wetland boundary based on the base buffer width identified in
Table 1. Buffers shall not include areas that are functionally and effectively
disconnected from the wetland by an existing, legally established road or other
substantial developed surface.
B. The buffer standards required by this article presume the existence of a dense,
multi-storied native vegetation community in the buffer adequate to protect the
wetland functions and values. When a buffer lacks adequate vegetation, the technical
administrator may increase the standard buffer, require buffer planting or
enhancement, and/or deny a proposal for buffer reduction or buffer averaging.
C. The standard buffer shall be based on a combination wetland category, habitat
function score (from the wetland rating form), and land use intensity. The intensity of
the land use shall be determined in accordance with the definitions found in Article 9
of this chapter unless the technical administrator determines that a lesser level of
impact is appropriate based on information provided by the applicant demonstrating
that the proposed land use will have a lesser impact on the wetland than that
contemplated under the buffer standard otherwise appropriate for the land use, as
specified in WCC 16.16.640.
D. Standard buffer widths are shown in Table 1. However, for Category I or II
wetlands with “special characteristics” as determined and defined through the
Washington State Department of Ecology (2014) Wetland Rating System (including
estuarine, coastal lagoons, wetlands of high conservation value, bogs, forested, and
interdunal wetlands), only buffers in the highest habitat score (8 to 9) group are
applied.
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Table 1. Standard Wetland Buffer Widths
Land Use Intensity*
Wetland
Category
Habitat
Function Score
High Buffer
Width (feet)
Moderate
Buffer Width
(feet)
Low Buffer
Width (feet)
Category I
8 – 9
5 – 7
< 5
300
150
100
225
110
75
150
75
50
Category II
8 – 9
5 – 7
< 5
275
150
80
150
110
60
100
75
50
Category III
8 – 9
5 – 7
< 5
150
150
80
110
100
60
75
60
50
Category IV
8 – < 5 50 40 25
* Definitions for high, moderate, and low intensity land use are provided in Article 9
of this chapter.
Task Force vote: Seven in favor, one against
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32. Buffer allowances for infrastructure
The TF recommends adopting Whatcom County’s
allowances for roads, bridges, utilities and access to
private development in wetland buffers, along with
Whatcom’s accompanying descriptions and conditions
(see below).
16.16.620 Wetlands – General standards.
The following activities may be permitted in wetlands and/or wetland buffers as
specified when all reasonable measures have been taken to avoid adverse effects on
wetland functions and values as documented through an alternatives analysis, the
amount and degree of alteration are limited to the minimum needed to accomplish the
project purpose, and compensatory mitigation is provided for all adverse impacts to
wetlands that cannot be avoided:
B. Utility lines in Category II, III, and IV wetlands and their buffers and/or Category I
wetland buffers when no feasible conveyance alternative is available shall be
designed and constructed to minimize physical, hydrologic, and ecological impacts to
the wetland, and meet all of the following:
1. The utility line is located as far from the wetland edge and/or buffer as
possible and in a manner that minimizes disturbance of soils and vegetation.
2. Clearing, grading, and excavation activities are limited to the minimum
necessary to install the utility line and the area is restored following utility
installation.
3. Buried utility lines shall be constructed in a manner that prevents adverse
impacts to surface and subsurface drainage. This may include regrading to the
approximate original contour or the use of trench plugs or other devices as
needed to maintain hydrology.
4. Best management practices are used in maintaining said utility corridors such
that maintenance activities do not expand the corridor further into the critical
area.
C. Public roads or bridges in Category II, III, and IV wetlands and their buffers
and/or Category I wetland buffers when no feasible alternative alignment is available
and the road or bridge is designed and constructed to minimize physical, hydrologic,
and ecological impacts to the wetland, including placement on elevated structures as
an alternative to fill, where feasible.
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D. Access to private development sites may be permitted to cross Category II, III,
or IV wetlands or their buffers, provided there are no feasible alternative alignments
and measures are taken to maintain preconstruction hydrologic connectivity across
the access road. Alternative access shall be pursued to the maximum extent feasible,
including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from
technical standards for width or other dimensions, and specific construction
standards to minimize impacts may be specified, including placement on elevated
structures as an alternative to fill, if feasible.
Task Force vote: Seven in favor, one abstention
39
33. Exempt activities in wetlands
With the single exception of activities or structures to
“comply with Department of Homeland Security orders,”
the TF recommends listing exemptions from Article VII of
the Jefferson County CAO for “activities that promote
beneficial activities . . . or activities with no expected
impacts” (see below).
Existing and on-going agriculture; forest practices; maintenance - transportation &
utilities, drainage, and structures; site investigative work; emergency action, artificial
wetlands and ponds; irrigation; low impact passive recreation; existing residential
landscaping; noxious weed control; harvesting wild crops; planting native vegetation;
new trails; navigation; and other activities similar to another listed one
and
nesting structures; education and research projects, maintenance for mitigation
implementation; Superfund, and Model Toxics Control Act requirements; restoration
or enhancement activities; vegetation removal or pruning; hazard tree felling within
buffers and CAs; vegetation removal for viewsheds; and alteration of beaver
structures that are less than two years old
Task Force vote: Seven in favor, one abstention
40
34. Fish-bearing stream buffers
Three alternatives were considered:
(a) Retaining buffer widths of 150' for fish-bearing
streams (shorelines being covered in a different Code
section and therefore not in question here), and 50-75'
for non-fish-bearing streams
(b) Reducing fish-bearing stream buffers to Whatcom
County’s standard of 100'
(c) Asking DCD and BERK to prepare a range of buffer
widths to apply to different GMA designations, specific
land uses, and local natural resources.
Task Force vote: Five members voted for option (b), three members
voted for option (a), and no members voted for option (c).
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35. Non-Fish-bearing stream buffers
For non-fish-bearing streams, the Task Force
recommends buffers of 50' (adopting Whatcom County
example).
Task Force vote: Seven in favor, one abstention
42
36. Stream buffer setbacks
Retain the buffer setback width of 5' in the current
Jefferson County code.
Task Force vote: Seven in favor, one abstention, one against
43
37. Stream relocation
Language addressing stream relocation should be
included similar to the Whatcom model (shown below).
16.16.720 B: Relocation of streams, or portions of streams, when there is no other
feasible alternative and when the relocation will result in equal or better habitat and
water quality and quantity, and will not diminish the flow capacity of the stream or
other natural stream processes; provided, that the relocation meets state hydraulic
project approval requirements and that relocation of shoreline streams shall be
prohibited unless the relocation has been identified formally by the Washington State
Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement
or identified in watershed planning documents prepared and adopted pursuant to
Chapter 90.82 RCW, the WRIA 1 Salmonid Recovery Plan or the WRIA 1 Watershed
Management Board Habitat Project List or county shoreline restoration plan.
Task Force vote: Seven in favor, one abstention
44
38. Buffer reduction
Regarding buffer reduction, the T ask Force recommends
adoption of the Kitsap County model, which allows 25%
buffer reduction for Type I wetlands and 25-50%
reduction for Type II wetlands for single family homes.
Task Force vote: Four in favor, two abstentions, and one against
The Task Force further recommends using the Kitsap
County model allowing a Hearing Examiner Variance for
buffer reductions greater than the above.
Task Force vote: Seven in favor, one abstention, if item above is adopted
45
39. Types of Agricultural Activity
Three “Types” of agricultural activity are proposed:
Type 1 Conservation Practices Compliant,
Type 2 Conservation Practices Scheduled, and
Type 3 Conservation Practices Absent, Noncompliant, or
Undocumented
Consensus on Type 3 was not reached due to time
limitations.
Task Force vote: All in favor
46
40. Septic systems in wetland buffers
Allow onsite sewage system components in buffers only
for residential uses, and these must comply with
locational and operation / maintenance requirements set
forth in the Whatcom County code (shown below).
16.16.620 J. On-site sewage disposal systems (OSS) may be permitted in wetland
buffers when accessory to an approved residential structure:
1. When it is not feasible to connect to a public sanitary sewer system; and
2. It is located as far as possible from the wetland; and
3. When it is operated and maintained in accordance with WCC 24.05.160;
provided, that adverse effects on water quality are avoided.
Task Force vote: All in favor
47
41. Wells in wetland buffers
Allow domestic wells serving single-family developments
and necessary appurtenances, in wetland buffers when
conditions (in the Whatcom County code) are met
(shown below).
16.16.620 F. Domestic wells serving single-family developments (including plats,
short plats, and individual single-family residences) and necessary appurtenances,
including a pump and appropriately sized pump house, but not including a storage
tank, in wetland buffers when all of the following conditions are met:
1. There is no viable alternative to the well site outside of the buffer and the well
is located as far back from the wetland edge as is feasible;
2. The well is more than 75 feet deep; and
3. Any impacts to the wetland and buffer from staging equipment and the well-
drilling process are mitigated.
Task Force vote: All in favor
48
42. Reference to Federal laws for agriculture and
wetlands
To demonstrate that Federal and State regulatory
requirements have been satisfied, and that these
requirements are consistent with County regulations:
• Producers must document the status of farmed
wetland and farmed wetland pastures and the
consistency with agricultural activities allowed under
federal statutes,
• Producers must identify monitoring or adaptive
management measures in their conservation
practices, and
• The County will ensure and document that the
activities meet no-net-loss principles.
Task Force vote: All in favor
49
43. Ag riculture-related structures, utilities, and
impervious surfaces in relation to critical areas
Activities, structures and impervious surfaces addressed
by NRCS practices (e.g. high tunnel systems) should be
allowed on farmed wetlands where consistent with
Federal and State laws, and subject to County review.
Structures and impervious surfaces not allowed on initial
review may seek administrative buffer reductions,
hearing examiner variance, or hearing examiner
reasonable use exception. Existing agricultural structures
and impervious surfaces should be allowed in wetland
buffers and stream buffers. New or expanded agricultural
structures and impervious surfaces should be allowed in
buffers subject to added performance standards that
incorporate NRCS practices, and subject to County
review (to verify no net loss of critical area functions and
values, which may include wetland/riparian or buffer
mitigation, restoration or enhancement).
Task Force vote: All in favor
50
44. Requirement to include all “Waters Of The State”
for classification and designation in FWHCA
regulations (WAC 365 -190-130(2))
The Task Force advises DCD to include in the updated
CAO a statement that the County deems all Waters of
the State – including “underground waters” aka Critical
Aquifer Recharge Areas -- to have been included in its
Code.
Task Force vote: All in favor
51
45. Performance-based standards as an option for
ALL types of development near critical areas
The Task Force strongly recommends that performance-
based standards be prepared and offered as an “optional
track” from prescriptive requirements, that can be
chosen by all permit applicants whose development
projects may impact critical areas.
Task Force vote: All in favor
52
46. Add a “standard” hearings examiner variance to
the permit review process
Jefferson County’s current options go from an
administratively-approved variance to a Reasonable Use
Exception (called a reasonable economic use variance
able to be opted-out by posting a monetary bond through
a CASP) that is the last stop before the property owner
must file a “takings” challenge to get relief. The
Reasonable Use Exception is decided by the Hearings
Examiner.
The Task Force recommends that the County establish a
new intermediate mechanism described as a “Standard
Variance Process with Hearing Examiner Review” (see
BERK paper titled Wetlands Review, dated Sept 26,
2019 on page 4).
Task Force vote: Eight in favor, one abstention
53
47. Flexibility for very small Category III wetlands
Category III wetlands that are less than 1000 sq ft should
be exempt from wetlands regulations as long as criteria
consistent with Dept. of Ecology guidance are met.
Task Force vote: Seven in favor, one against
54
55
Jefferson County Critical Areas Regulatory Reform
Task Force Recommendations Report
Appendices
a. Comprehensive Plan goals and policies with
relevance to Task Force work
b. Resolution 17-19 on Regulatory Reform
c. Resolution 35-19 establishing Task Force
d. Task Force Charter
56
Comp Plan Goals and Policies with relevance to
CAO Regulatory Reform TF recommendations
Goal LU-G-1 Ensure a community-based Comprehensive Plan that is consistent with
the Growth Management Act and the County-wide Planning Policy, and provide for a
well-implemented Comprehensive Plan through the preparation of supporting
development regulations, system plans, and programs.
Policy LU-P-1.4 Encourage the use of innovative site planning and design
techniques as a way to preserve rural character, open lands and natural resources,
including lot consolidation opportunities, development regulations, and other
innovative tools such as farm conservation plans.
Goal NR-G-1 Encourage the conservation and long term sustainable use of resource
lands so their continued future use will not be precluded by other uses; and
encourage the long-term sustainability of natural resource-based economic activities
throughout Jefferson County.
Policy NR-P-1.1 Support resource-based economic activities that comply with
applicable federal, state, and local regulations.
Policy NR-P-1.3 Consider incentive programs to support resource-based economic
activities in rural areas.
Policy NR-P-2.1 Ensure resource-based practices do not cause cumulative adverse
impacts, and ensure they mitigate adverse impacts to the environment and adjacent
properties.
Policy NR-P-2.3 Explore incentives that encourage compliance with "best
management practices" by resource-based economic activities.
Goal NR-G-8 Conserve and protect the agricultural land base and its associated
economy and lifestyle.
Policy NR-P-8.2 Coordinate with local, state and federal agencies and organizations
to encourage conservation of productive agricultural land through best management
practices, including soil and water conservation, drainage, and livestock waste
management programs.
Policy NR-P-8.5 Support the work of Washington State University Cooperative
Extension, and the Jefferson County Conservation District, for technical and
marketing assistance for small-scale commercial farmers.
57
Policy NR-P-8.6 Collaborate with partners such as North Olympic Development
Council (NODC), Washington State University (WSU), and Jefferson County
Conservation District to assess likely impacts of climate change on agriculture and to
develop mitigation and adaptation strategies suited to Jefferson County’s soils and
farm economy.
Goal HS-G-2 Promote a variety of housing choices throughout the county with
innovative land use practices, community redevelopment strategies, development
standards, design techniques, and building and infrastructure permit requirements.
HS-P-2.1 Explore regulatory opportunities that help minimize costs to developing
affordable housing while ensuring that public health, safety, and environmental
quality standards are not compromised.
Goal EN-G-6 Continue to implement, periodically review, and update critical area
regulations under the Jefferson County Critical Areas Ordinance (CAO) consistent
with GMA requirements, including best available science.
Policy EN-P-2.4 Promote best management practices and voluntary open space
conservation to protect critical areas in land use regulations related to septic systems,
forest management, agricultural practices, industry, and other development.
Policy ED-P-6.2 Develop and update land use policies that conserve working
resource lands and provide sustainable employment opportunities.
Policy ED-P-8.2 Ensure that permit review and requests for additional information
are fair, consistent and balanced with the needs of the applicant and the public
interest at large.
58
Reserved for Resolution 17-19; Resolution 35-19 and
Resolution 50-19 and the Task Force Charter.
Article XIII. Agriculture 1
ARTICLE XIII. AGRICULTURE
18.22.700 Purpose and Intent
(1) Jefferson County desires to encourage the conservation of productive agricultural lands and to and
implement alternative means of protecting critical areas using conservation practices in this Article. 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.
(2) The well-being of agricultural activities in Jefferson County depends in part on good quality soil,
water, air, and other natural resources. Agricultural operations that incorporate protection of the
environment, including critical areas and their buffers as defined by Title 18 JCC, are essential to
achieving this goal.
(3) Jefferson County offers agricultural producers two paths to achieve no net loss of critical areas
functions and values while supporting the viability of agriculture. These two paths are:
(a) A “prescriptive” approach is one in which standard buffer widths from streams, wetlands, and
ponds are established, which may offer a simpler yet stricter set of standards; or
(b) A “performance” based approach where the producer work s independently or with farm
assistance agencies to identify the resource concerns that are unique to the farm operation and
to implement practices best suited to address those concerns
(4) Jefferson County shall ensure monitoring and adaptive management processes are in place to
evaluate whether the application of performance based approaches address resource concerns
identified in this article to the extent related to agricultural activities.
18.22.710 Resource Concerns
Agricultural activities have the potential to create adverse impacts to critical areas. It is the county’s
policy to minimize such impacts.
(1) Nutrient Pollution of Water. Agricultural activities without proper conservation practices may
contribute wastes or sediments into a natural or modified natural stream or wetlands.
(2) Nutrient and Farm Chemical Management. Without proper conservation practices, manure could be
carried into a stream, wetlands, or other waters of the state by any means. Farm chemicals must be
applied consistent with chemical container labels and all applicable federal and state laws and
regulations to avoid harm to streams, wetlands, and other fish and wildlife habitat conservation areas.
(3) Soil Erosion and Sediment Control Management. Construction of roads used for agricultural
purposes, agricultural equipment operation, and ditch construction and maintenance should be
undertaken in such a manner as to avoid sediment contribution to streams.
(4) Operation and Maintenance of Agricultural Drainage Infrastructure. Maintenance and operation of
ditches should be designed to prevent maintenance problems, avoid blocking water flow, ensure control
of erosion, avoid sedimentation, protect water quality, and ensure stream bank vegetation is protected
or replanted.
(5) Riparian Management. Dense riparian vegetation along the water’s edge will slow and protect
against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds
and wildlife; and keep water cooler in summer. Existing riparian vegetation should be managed to
Article XIII. Agriculture 2
continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife, and
control noxious weeds.
18.22.720 Applicability and Classification
(1) Applicability: This Article XIII applies to:
(a) New or expanded areas of agricultural activities.
(b) Producers conducting one or more of the following activities within the footprint of the
agricultural activity as of the effective date of this code (XXX date):
(i) adding or expanding temporary or permanent structures;
(ii) adding or expanding compacted areas such as for parking, roads, or access;
(iii) adding or expanding impervious areas;
(iv) adding or replacing wells or septic systems;
(v) constructing or altering ditches or drainage systems;
(vi) constructing or altering farm and stock ponds;
(vii) expanding or altering manure or compost management structures or practices;
(viii) altering the application of fertilizers or agricultural chemical management activities
(ix) in proximity to wetlands or water bodies;
(ix) adding or altering irrigation practices; or
(xi) other similar activities as determined by the Director.
(2) Checklist and Classification: Jefferson County shall prepare and maintain a critical areas checklist
in consultation with farm assistance agencies. The checklist shall identify agricultural activities and the
conservation practice(s) necessary to achieve performance standards in JCC 18.22.730 and avoid
potential negative impacts described under resource concerns in JCC 18.22.710. Based on the
achievement of performance standards as documented in the critical areas checklist, proposals shall be
typed as follows:
(a) Type 1 Conservation Practices Compliant. Type 1 applies to producers that have a farm plan
developed by State or Federal farm assistance agencies, or has completed a critical areas checklist
demonstrating that the proposal addresses performance standards in JCC 18.22.730 due to the
nature of the proposals and conservation practices in place that avoid potential negative
impacts described under resource concerns in JCC 18.22.710.
(b) Type 2 Conservation Practices Scheduled. Type 2 applies to proposals do not meet one or
more performance standards in JCC 18.22.730 and identifies conservation practices that will
adequately address resource concerns created by the agricultural activities. The conservation
practices shall be implemented based on a schedule developed in consultation with farm
assistance agencies or a report by a qualified professional. Such scheduled conservation
practices shall avoid resource concerns identified in JCC 18.22.710 and meet performance
standards in JCC 18.22.730.
(c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteria and
cannot document that appropriate conservation practices have been implemented or scheduled
Article XIII. Agriculture 3
that will adequately address resource concerns created by the agricultural practices. The
producer shall complete a critical areas checklist and provide a report prepared by a State or
Federal farm assistance agency or a qualified professional to demonstrate how the proposal
meets the performance standards in JCC 18.22.730 and avoids potential negative impacts
described under resource concerns in JCC 18.22.710. If performance standards cannot be met
with adequate conservation practices scheduled, the proponent shall be subject to the
prescriptive standards of this chapter and may apply for variances or reasonable economic use
exceptionvariances where appropriate.
18.22.730 Standards
(1) Performance Standards. Producers shall submit a critical areas checklist and supporting
documentation to the satisfaction of the Director to demonstrate the following performance standards
are met due to the nature of the proposal as well as installed or scheduled conservation practices:
(a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment and
other contaminants from entering fish and wildlife habitat conservation areas and wetlands.
(b) Roof runoff is managed so that it does not result in ponding and/or channeling in
confinement areas, and/or contribute to the discharge of manure, pathogens, sediment,
pesticides and other contaminants to fish and wildlife habitat conservation areas and wetlands.
(c) Areas of farm production are managed to prevent stormwater from carrying manure,
pathogens, sediment, pesticides and other contaminants from entering all fish and wildlife
habitat conservation areas and wetlands.
(d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that
outlet to streams and ditches installed and maintained in a manner that prevents the entry of
manure, pathogens, sediment, pesticides and other contaminants.
(e) Livestock are excluded from fish and wildlife habitat conservation areas and wetlands by
means of fencing, gates and/or other controls that are consistent with the practices
recommended by farm assistance agencies.
(f) Buffers are established that either: (i) are consistent with either the prescriptive standards in
Chapter 18.22 applicable to fish and wildlife habitat conservation areas or wetlands or (2)
consistent with farm assistance agency-designed conservation practices that provide for buffers
around fish and wildlife habitat conservation areas or wetlands within areas where livestock are
kept.
(g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment and
other contaminants from entering fish and wildlife habitat conservation areas and wetlands.
(h) Manure is applied in a manner and its application timed to prevent pollution of fish and
wildlife habitat conservation areas and wetlands.
(i) Compost production is handled and stored in a way that prevents stormwater from carrying
nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat
conservation areas and wetlands.
(j) Application of synthetic fertilizers and/or agricultural chemicals for weed and pest control are
conducted in a manner that prevents them from entering any fish and wildlife habitat
conservation areas and wetlands on the farm either by aerial drift or by stormwater run-off.
(k) The proposal avoids expanding the area drained to unfarmed wetlands.
Article XIII. Agriculture 4
(l) The proposal protects riparian vegetation or tree cover after drainage maintenance or
construction.
(m) The proposal maintains surface and groundwater flow, discharge, and recharge, through
such means including but not limited to: maintaining soil permeability, avoiding net increases in
impervious areas, avoiding compaction, or avoiding changing discharge to streams.
(n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands
consistent with the practices recommended by farm assistance agencies.
(o) The site has not been cleared under a forest practices permit or altered tree cover by more
than 10,000 square feet.
(p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as
proposed are in conformity with County flood hazard regulations and the practices
recommended by farm assistance agencies.
(q) The proposed agricultural activity is consistent with locational allowances in Subsection (2).
(2) Locational Standards. Table 18.22.730-1 identifies agricultural activities that are allowed in or near
wetlands and streams and their prescriptive buffers.
(a) Cultivation and production and agricultural structures, buildings, impervious areas shall meet
the locational allowances and associated performance standards.
Table 18.22.730-1. Agricultural Activities Allowances in Wetland/Stream and Buffers
Activity Allowed in Critical Area Allowed in Prescriptive Buffers
Cultivation and
production
Yes, existing agricultural activities lawfully
established as of the effective date of this
ordinance (XXX)
Yes, new or expanded agricultural
activities 1,2
Yes, existing agricultural activities lawfully
established as of the effective date of this
ordinance (XXX)
Yes, new or expanded agricultural
activities 1,2
Agricultural
structures, buildings,
impervious areas
Limited to activities addressed by farm
assistance agency practices on farmed
wetlands, including but not limited to high
tunnel systems, where consistent with
federal and state law1,2,3
Yes, existing agricultural activities lawfully
established as of the effective date of this
ordinance (XXX)
Yes, new or expanded agricultural
activities1,2
Notes:
1Subject to performance standards in JCC 18.22.730(1) and determined to be a Type I or Type 2 proposal per JCC 18.22.720.
2 Conditions or performance standards applied by the Director may include but are not limited to wetland/riparian or buffer
enhancement as determined in consultation with a farm assistance agency or qualified professional.
3 Producers shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by a
qualified professional. Structures shall be determined to achieve no-net-loss of critical area functions and values when
following NRCS Field Office Technical Guides (FOTGs). Documentation supports the Director making a written decision
finding that the landowner’s compliance with other state or federal regulations or permits provides sufficient protection on the
site to satisfy related critical areas requirements of this chapter.
(b) The Director may condition the proposed agricultural activities to avoid resource concerns in
JCC 18.22.710 through the application of conservation practices recommended by farm
assistance agencies or a qualified professional.
Article XIII. Agriculture 5
(c) If the agricultural activity is a Type 3 Critical Area Undocumented, or does not demonstrably
meet the performance standards in JCC 18.22.730(1), or does not meet locational requirements
of Table 18.22.730-1, the Director shall deny proposal. The proponent may seek use of the
prescriptive path offered in Chapter 18.22.
(3) Conservation Practices. Agricultural landowners and operators are encouraged to design
conservation practices through use of the following resources:
(a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office
Technical Guide” (FOTG) contains a nonexclusive list of conservation practices to guide
implementation of the expectations of this article.
(b) The Jefferson County conservation district is available to assist with completion of the critical
areas checklist and in the development of conservation plans approved through the NRCS. A
producer may also work with other farm assistance agencies.
(4) Scheduled Conservation Practices. For a Type 2 Conservation Practices Scheduled proposal, the
proponent shall identify the standards by which the practice will be designed and the scheduled date of
implementation. The proponent shall provide documentation the scheduled conservation practice has
been established in accordance with the design specifications following implementation.
18.22.740 Monitoring and Adaptive Management
Monitoring provides information used by Jefferson County to assist in determining the effectiveness of
the County's critical area regulations and conservation practices applicable to agricultural activities.
Jefferson County shall develop a monitoring program. The monitoring program shall identify existing
functions and values per subsection (1), the thresholds of no harm or degradation in subsection (2),
and the benchmarks and outcomes in subsection (3). The report shall be prepared periodically in
accordance with subsection (4).
(1) “Existing functions and values” relates to the following categories:
(a) Water quality, as documented in a given watershed by the Jefferson County conservation
district or other management agency.
(b) The existence or absence of large woody debris within a stream, as documented in the
“Salmon and Steelhead Habitat Limiting Factors” analyses completed by the Washington
Department of Fish and Wildlife (WDFW) between 2000 and 2003 for the Water Resource
Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(c) The existing riparian buffer characteristics and width, including, but not limited to, the existing
amount of shade provided by the existing riparian buffer, as documented in the “Salmon and
Steelhead Habitat Limiting Factors” analyses completed by WDFW between 2000 and 2003 for
the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(d) The existing channel morphology as documented with year 2000 Department of Natural
Resources (DNR) Aerial Photography.
(2) “No harm or degradation” means the following:
(a) Maintaining or improving documented water quality levels, if available.
(b) Meeting, or working towards meeting, the requirements of any total maximum daily load
(TMDL) requirements established by the Department of Ecology pursuant to
Chapter 90.48 RCW.
Article XIII. Agriculture 6
(c) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-110 WAC
(Hydraulics Code).
(d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the
stream or wetland that can be reasonably attributed to adjacent agricultural activities.
(e) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-201A and 220-
110 WAC shall not be interpreted to replace Department of Ecology and WDFW authority to
implement and enforce these state programs.
(3) Monitoring Program Benchmarks and Outcomes:
(a) Water quality monitoring results shall be 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) In-stream fish habitat and riparian vegetation conditions should remain stable or improve
(based on published Washington Department of Fish and Wildlife or other agency with
expertise’s 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.
(4) Monitoring and Reporting. The Director shall periodically monitor plan implementation and
compliance beginning one year after the effective date of this article and every two years thereafter,
through the life of the plan, or more frequently at the Director’s discretion. The monitoring may include
periodic site inspections, self-assessment by the farm operator, or other appropriate actions. A subsect
of properties may be monitored on a rotating basis.
(a) Self-certification is allowed for approved Type 1 or Type 2 classifications. A sufficient self-
certification monitoring report shall include photos and implemented conservation practices or
documentation from farm assistance agencies or a qualified professional. Self-certifications
shall be submitted within 45 days of request, county staff may make a site visit. Site visits will be
coordinated with the landowner/farm operator. Prior to carrying out a site inspection, the
Director shall provide reasonable notice to the owner or manager of the property as to the
purpose or need for the entry, receive confirmation, and afford at least two weeks in selecting a
Article XIII. Agriculture 7
date and time for the visit. At the landowner’s/farm operator’s discretion, staff may be
accompanied by the Jefferson conservation district staff or other farm assistance agency staff.
(b) The County will produce periodic reports and make them available to the public and state
agencies. These reports will include all baseline monitoring data. summary statistics. an
assessment of the accuracy and completeness of the data. and a description of data collection
issues if any, identified during the reporting period as well as the following additional
information:
(i) A description of all compliance assessments and source identification actions taken
during the reporting period.
(ii) A description of educational outreach actions as well as enforcement actions taken
during the reporting period.
(iii) A description of any actions taken to modify conservation practices on a site or area
specific basis.
(iv) A discussion of monitoring priorities for the next reporting period.
(v) Potential adaptive management measures applicable on an areawide or countywide
basis when monitoring indicates: that standards and/or thresholds are being exceeded;
the exceedance is adversely affecting designated critical areas; and a change in
regulations that are applicable countywide is needed to address the exceedance.
Modifications may also be made if monitoring indicates that less stringent standards are
appropriate based on best available science.
18.22.750 Compliance
(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.
(2) Agricultural activities are expected to meet the objectives and standards of this Article through
voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and a
new or revised critical areas checklist and supporting documentation will be required consistent with
JCC 18.22.720, when the Director determines that any of the following has occurred:
(a) When a producer fails to properly and fully implement and maintain their conservation
practices determined to exist or be scheduled in a Type 1 or Type 2 review per JCC 18.22.720.
(b) When implementation of the conservation practices fail to protect critical areas. If so, a new
or revised critical areas checklist and schedule of conservation practices shall be required per
JCC 18.22.720 to protect the values and functions of critical areas at the benchmark condition
described in JCC 18.22.740 or a baseline established by the producer in consultation with a
farm assistance agency or qualified professional.
(c) When substantial changes in the agricultural activities of the farm or livestock operation have
occurred that render the current critical areas checklist and associated conservation practices
ineffective. Substantial changes that render a critical areas checklist and associated
conservation practices ineffective are those that:
(i) Degrade baseline critical area conditions for riparian and wetland areas that existed when the
plan was approved; or
Article XIII. Agriculture 8
(ii) Result either in a direct discharge or substantial potential discharge of pollution to surface or
ground water; or
(iii) The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3.
(d) When a new or revised critical areas checklist and supporting documentation is required,
and the producer has been so advised in writing and a reasonable amount of time has passed
without significant progress being made to develop said plan. Refusal or inability to provide a
new checklist within a reasonable period of time shall be sufficient grounds to revoke the
approved agricultural activity and require compliance with the standard provisions of this
chapter.
(3) When a producer denies the Director reasonable access to the property for technical assistance,
monitoring, or compliance purposes, then the Director shall document such refusal of access and notify
the producer of his/her findings. The producer shall be given an opportunity to respond in writing to the
findings of the Director, propose a prompt alternative access schedule, and to state any other issues
that need to be addressed. Refusal or inability to comply with an approved critical areas checklist and
schedule of conservation practices within a reasonable period of time shall be sufficient grounds to
revoke said plan and require compliance with the standard provisions of this chapter.
(4) 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 critical areas checklist
and supporting documentation that demonstrates how farming activities will be brought into compliance
with critical area protection requirements. The critical areas checklist shall be submitted to department
of community development for review and approval. If the administrator determines the proposed
activities and conservation practices do not sufficiently address critical areas degradation, a schedule of
conservation practices shall be prepared by a farm assistance agency or qualified professional. The
proponent shall allow the County or farm agency with expertise reasonable access to the parcel to
determine that the scheduled conservation practices are installed, and critical areas functions are not
being degraded. If compliance cannot be achieved, other enforcement action based on Chapter 18.50
shall be required.
(5) A producer is responsible only for those conditions caused by agricultural activities conducted by
the producer and is not responsible for conditions that do not meet the standards of this article resulting
from actions of others or from natural conditions not related to the on-site agricultural operations.
Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour
storm) or other exceptional circumstances that are not the product of obvious neglect are not the
responsibility of the owner or operator.
DEFINITIONS
18.10.010 A definitions.
***
“Agricultural activities” means all agricultural uses and practices as defined in RCW 90.58.065land
preparation for agricultural purposes, such as clearing, grading, contouring, ditching, fencing, plowing,
tilling, planting, cultivating, fertilizing, weed pest and disease control, spraying, pruning, trimming,
harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation ditches and
systems; livestock management, such as breeding, birthing, feeding and care of animals, birds, honey
bees, and fish; the repair, maintenance and incidental construction of equipment, structures, or
machinery used to perform agricultural or husbandry operations; and the storage of agricultural
products and machinery.
Article XIII. Agriculture 9
“Agricultural best management practices (BMPs)” mean schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce pollution of
waters or degradation of wetlands and fish and wildlife habitat areas.
“Agricultural land of local importance” means land in addition to designated prime agricultural land that
is of local importance for the production of food, fiber, forage or oilseed crops. Generally, additional
farmlands of local importance include those that are nearly prime farmland and that economically
produce high yields of crops when treated or managed according to acceptable farming methods. Such
farmlands may include areas of commercial aquaculture.
“Agricultural product or commodity” is defined as follows, except for JCC Chapter 18.22. For all other
chapters, “agricultural product or commodity” means any plant or part of a plant, or animal, or animal
product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas
tree growers, aquaculturists, floriculturists, orchadists, foresters, or other comparable persons) primarily
for sale, consumption, propagation, or other use by people or animals. For JCC Chapter 18.22
agricultural products are defined in RCW 90.58.065.
“Agricultural resource lands (agricultural lands)” means lands that are primarily devoted to the
commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animals
products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that have
long-term commercial significance for agricultural production (RCW 36.70A.030(2)). Agricultural
resource lands are divided into two land use designations, prime (AP-20) and local (AL-20), in the
Comprehensive Plan.
“Agricultural warehouse (public warehouse)” means any elevator, mill, subterminal grain warehouse,
terminal warehouse, country warehouse, or other structure or enclosure that is used or usable for the
storage of agricultural products, and in which commodities are received from the public for storage,
handling, conditioning, or shipment for compensation. The term does not include any warehouse
storing or handling fresh fruits and/or vegetables, any warehouse used exclusively for cold storage, or
any warehouse that conditions yearly less than 300 tons of an agricultural commodity for
compensation.
“Agriculture” means the science, art, and business of producing crops, or raising livestock; farming.
“Agriculture, existing and ongoing” is defined as follows, except for JCC Chapter 18.22 which is
governed by the definition of agricultural activities. For all other chapters, “agriculture, existing and
ongoing” means any agricultural activity conducted on an ongoing basis on lands enrolled in the open
space tax program for agriculture or designated as agricultural lands of long-term commercial
significance on the official map of Comprehensive Plan land use designations; provided, that
agricultural activities were conducted on those lands at any time during the five-year period preceding
April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a
nonagricultural use.
“Agriculture, new” is defined as follows, except for JCC Chapter 18.22 which is governed by the
definition of agricultural activities. For all other chapters, “agriculture, new” means agricultural activities
proposed or conducted after April 28, 2003, and that do not meet the definition of “existing ongoing
agriculture.”
“Agritourism” means agriculturally related accessory uses designed to bring the public to the farm on a
temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes,
pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries
and associated display gardens, cider pressing, wine or cheese tasting, etc.
Article XIII. Agriculture 10
18.10.060 F definitions.
“Farm assistance agencies” means federal, state, or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the federal Natural
Resource Conservation Service, the Washington State Department of Agriculture, or the Jefferson County
Conservation District.
“Farm equipment” is defined as follows, except for JCC Chapter 18.22 which is governed by the
definition of agricultural activities. For all other chapters, includes, but is not limited to, tractors, trailers,
combines, tillage implements, balers, and other equipment, including attachments and accessories that are
used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock
products.
“Farm plan” means a conservation plan developed by a farm assistance agency conservation district
technician and a landowner outlining a series of actions developed to meet a landowner’s goals while
protecting water quality and the natural resources within and around the farm property. Many things are
considered in a farm plan including farm size, soil types, slope of the land, proximity to streams, wetlands or
water bodies, type and numbers of livestock or crops, resources such as machinery or buildings and
finances available. The terms conservation plan and farm plan are interchangeable in this context.
“Farm worker housing” means a place, area, or piece of land where sleeping places or housing sites are
provided by an agricultural employer for his or her agricultural employees.
“Field Office Technical Guide (FOTG)” means a USDA Natural Resources Conservation Service manual that
JCC 18.20.030 AGRICULTURAL ACTIVITIES AND ACCESSORY USES.
(1) Definitions. For the purposes of this section, the following definitions shall apply. Other relevant
definitions appear in subsections of this section and in Chapter 18.10 JCC shall apply.
(a) Agriculture. The science, art, and business of producing crops, or raising livestock; farming.
(b) Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading,
contouring, ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed, pest and
disease control, spraying, pruning, trimming, harvesting, processing, packing, sales, and
construction of farm and stock ponds, irrigation ditches and systems; livestock management,
such as breeding, birthing, feeding and care of animals, birds, honeybees, and fish; the repair,
maintenance and incidental construction of equipment, structures, or machinery used to perform
agricultural or husbandry operations; and the storage of agricultural products and machinery.
(c) Agricultural Product or Commodity. Any plant or part of a plant, or animal, or animal product,
produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas
tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons)
primarily for sale, consumption, propagation, or other use by people or animals.
(d) Accessory Uses. Uses accessory to agriculture that support, promote, or sustain agricultural
operations and production, as provided in subsection (3) of this section.
(e) Agricultural Lands. Designated as either prime agricultural land (AP-20) or agricultural land
of local importance (AL-20) on the official map of Comprehensive Plan land use designations.
Agricultural lands of long-term commercial significance is a category of resource lands under
the State Growth Management Act and the Jefferson County Comprehensive Plan.
Article XIII. Agriculture 11
(f) Open Space Tax Program. County program associated with property taxation. Land being
used for agriculture may be enrolled in the tax program through the county assessor. The tax
program is independent of land use designation (i.e., zoning) and these development
regulations, except in the context of identifying “existing and ongoing agriculture,” as defined in
this code and exempted from standard stream and wetland buffers as described in subsection
(2)(b)(ii) of this section.
(g) Existing and Ongoing Agriculture. Any agricultural activities conducted on an ongoing basis
on lands enrolled in the open space tax program for agriculture or designated as agricultural
lands; provided, that agricultural activities were conducted on those lands at any time during the
five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is
conducted is converted to a nonagricultural use.
(h) New Agriculture. Agricultural activities proposed or conducted after April 28, 2003, and that
do not meet the definition of “existing and ongoing agriculture.”
(i) Agricultural Best Management Practices (BMPs). Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
(j) Farm Equipment. Includes, but is not limited to, tractors, trailers, combines, tillage
implements, balers, and other equipment, including attachments and accessories that are used
in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or
livestock products.
(2) Agricultural Activities.
(a) Where Allowed. Agricultural activities, as defined above and excepting those related to
recreational marijuana, are an allowed use under any of the Comprehensive Plan land use
designations, subject to the provisions of this subsection, except that “processing,” “packing,” and
“sales” are regulated under subsection (3) of this section, Accessory Uses. Agricultural activities
related to marijuana producing, processing and retail are subject to this section and
JCC 18.20.295 for recreational marijuana. Where conflicts occur, the more restrictive measures
shall apply.
(b) When Exempt from Permit Process. Agricultural activities are considered a matter of right and
not subject to land use permits or approval from the administrator, subject to the following:
(i) Other Applicable Laws and Rules. This section does not exempt the proponent from
acquiring any other required approvals from county, state or federal agencies, including, but
not limited to, approvals related to matters of public health, safety, and welfare.
(ii) Critical Areas. See Chapter 18.22, Article XIII.The Growth Management Act,
Chapter 36.70A RCW, requires local governments to designate and protect “critical areas,”
such as wetlands and fish and wildlife habitat areas. This code contains provisions for the
protection of critical areas at Article VI-D of Chapter 18.15 JCC et seq. The fish and wildlife
habitat areas section is Article VI-H of Chapter 18.15 JCC and includes protections for
streams and their buffers. The wetlands section is Article VI-I of Chapter 18.15 JCC and
includes protections for wetland buffers. These sections pertain to agricultural activities in the
following manner:
(A) New agriculture is required to meet all applicable provisions of Article VI-D of
Chapter 18.15 JCC et seq.
Article XIII. Agriculture 12
(B) Existing and ongoing agriculture is exempt from standard stream and wetland
buffers. Refer to Articles VI-H and VI-I of Chapter 18.15 JCC, respectively. The
exemption covers only existing and ongoing activities related to cultivating crops and
grazing livestock and the land preparation associated with those agricultural activities.
The exemption does not cover new structures, parking areas, or other similar
development activities. New development activities related to agriculture are regulated
as new agriculture.
(C) In exchange for this exemption from standard stream and wetland buffers, the
agricultural communities in each Jefferson County watershed are expected to establish
and implement appropriate agricultural best management practices (BMPs) in order to
protect wetlands and fish and wildlife habitat areas from adverse impacts related to the
practice of agriculture. Refer to subsection (3) of this section regarding agricultural
BMPs.
(D) The exemption from standard stream and wetlands buffers for existing and ongoing
agriculture will be revisited during periodic review of the Comprehensive Plan and
development regulations, pursuant to RCW 36.70A.130. If the county finds through
evaluation of best available science that the voluntary implementation of agricultural
BMPs is failing to protect wetlands and fish and wildlife habitat areas from impacts
related to agriculture in any given watershed or specific areas within a given watershed,
this exemption will be modified or eliminated for that watershed or particular sites within
that watershed.
(iii) Agricultural Best Management Practices. Agricultural activities are expected to be
conducted in a manner that protects against harm or degradation to the existing functions
and values of fish and wildlife habitat in and adjacent to streams and wetlands through the
implementation of agricultural best management practices (BMPs).
(A) Agricultural landowners and operators are encouraged to design BMPs through
consultation with the following resources:
(I) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field
Office Technical Guide” (FOTG) contains a nonexclusive list of conservation
practices (BMPs) to guide implementation of the expectations of this section.
(II) The Jefferson County conservation district is available to assist in the
development of informal farm plans as well as formal plans such as the resource
management system (RMS) plan or other type of conservation plan approved
through the NRCS.
(B) BMPs should be designed for site-specific conditions and should include pollution
prevention and control measures that effectively address the following management
areas:
(I) Livestock and Dairy Management. Livestock and dairy operations must be
conducted so as not to contribute any wastes or sediments into a natural or
modified natural stream in violation of adopted state water quality standards.
(II) Nutrient and Farm Chemical Management. Manure must not be placed in a
stream or location where such wastes are likely to be carried into a stream by any
means. Farm chemicals shall be applied consistent with all requirements stated on
Article XIII. Agriculture 13
the chemical container labels and all applicable federal and state laws and
regulations, such as Chapter 15.58 RCW (Pesticide Control Act),
Chapter 17.21 RCW (Pesticide Application Act), and 7 United States Code
(USC) 136 et seq. (Federal Insecticide, Fungicide, and Rodenticide Act).
(III) Soil Erosion and Sediment Control Management. Construction of roads used
for agricultural purposes, agricultural equipment operation, and ditch construction
and maintenance should be undertaken in such a manner as to avoid sediment
contribution to streams.
(IV) Operation and Maintenance of Agricultural Drainage Infrastructure. Dredging
or removal of accumulated sediments in any ditch or ditched stream should be
conducted when there is no or minimal flow in the stream (generally between June
15th and October 31st) and in a manner that minimizes sediment contribution or
other impacts to water quality. Excavation spoils should be placed so as not to
cause bank failures and so that drainage from such spoils does not contribute
sediment to streams. Maintenance of vegetation located within a stream that is part
of drainage infrastructure may be conducted at any time; provided, that any cutting
or mowing is above the ground surface within the channel and in a manner that
does not disturb the soil or sediments and that the cut vegetation does not block
water flow. Stream bank vegetation should be preserved or planted as soon as
practicable after drainage construction and maintenance are completed in order to
stabilize earthen ditch banks.
(V) Riparian Management. Existing riparian vegetation should be managed to
continue to provide soil and streambank stability, shade, filtration, and habitat for
fish and wildlife. Landowners are encouraged to plant riparian vegetation to
improve fish and wildlife habitat by providing shade, cover, organic debris, and
control of noxious weeds.
(C) An owner or operator is responsible only for those conditions caused by agricultural
activities conducted by the owner or operator and is not responsible for conditions that
do not meet the standards of this subsection resulting from actions of others or from
natural conditions not related to the on-site agricultural operations. Conditions resulting
from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or
other exceptional circumstances that are not the product of obvious neglect are not the
responsibility of the owner or operator.
(D) Agricultural activities are expected to meet the objectives and standards of this
subsection through voluntary compliance.
(E) Jefferson County, the Jefferson County conservation district, and the Department of
Ecology work cooperatively to identify potential violations of state water quality
standards and to provide assistance to agricultural owners and operators for preventing
or correcting water quality violations. The Department of Ecology maintains ultimate
compliance authority for enforcing state water quality standards.
(F) “Existing functions and values” relates to the following categories:
(I) Water quality, as documented in a given watershed by the Jefferson County
conservation district or other management agency.
Article XIII. Agriculture 14
(II) The existence or absence of large woody debris within a stream, as
documented in the “Salmon and Steelhead Habitat Limiting Factors” analyses
completed by the Washington Department of Fish and Wildlife (WDFW) between
2000 and 2003 for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and
21, or other relevant studies.
(III) The existing riparian buffer characteristics and width, including, but not limited
to, the existing amount of shade provided by the existing riparian buffer, as
documented in the “Salmon and Steelhead Habitat Limiting Factors” analyses
completed by WDFW between 2000 and 2003 for the Water Resource Inventory
Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(IV) The existing channel morphology as documented with year 2000 Department
of Natural Resources (DNR) Aerial Photography.
(G) “No harm or degradation” means the following:
(I) Maintaining or improving documented water quality levels, if available.
(II) Meeting, or working towards meeting, the requirements of any total maximum
daily load (TMDL) requirements established by the Department of Ecology
pursuant to Chapter 90.48 RCW.
(III) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-
110 WAC (Hydraulics Code).
(IV) No evidence of degradation to the existing fish and wildlife habitat
characteristics of the stream or wetland that can be reasonably attributed to
adjacent agricultural activities.
(H) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-
201A and 220-110 WAC shall not be interpreted to replace Department of Ecology and
(iiiiv) Stormwater Management. Jefferson County stormwater management regulations and
procedures are described in JCC 18.30.060, Grading and excavation standards, and
JCC 18.30.070, Stormwater management standards. These sections pertain to agricultural
activities in the following manner:
(A) Commercial agriculture is exempt from stormwater management minimum
standards pursuant to JCC 18.30.070(2) and the referenced Department of Ecology
Stormwater Management Manual for Western Washington (manual).
(B) According to the manual, “commercial agriculture” is defined as:
Those activities conducted on lands defined in RCW 84.34.020(2), and activities
involved in the production of crops or livestock for wholesale trade. An activity ceases to
be considered commercial agriculture when the area on which it is conducted is
proposed for conversion to a nonagricultural use or has lain idle for more than five
years, unless the idle land is registered in a federal or state soils conservation program,
or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage
ditches related to an existing and ongoing agricultural activity.
Article XIII. Agriculture 15
(C) Accordingly, agricultural activities such as land preparation for the cultivation of
crops or the grazing of livestock and the maintenance of agricultural irrigation
infrastructure are exempt from meeting the minimum requirements for stormwater
management and from obtaining a stormwater management permit.
(D) This exemption does not apply to new development that is secondarily related to
agriculture and that involves the construction of new structures, such as buildings for
agricultural processing and retail sales, and the addition of impervious surfaces, such
as compacted areas designed to accommodate parking.
(E) This exemption does not apply to the initial clearing of forested land. Conversion of
forested land to some other use incompatible with commercial forestry, as defined in the
Forest Practices Act, Chapter 76.09 RCW, requires review under
JCC 18.20.160, 18.30.060 and 18.30.070. The State Department of Natural Resources
may also require a Class IV general forest practices application.
(iv) Farm Ponds and Irrigation Infrastructure.
(A) Construction or expansion of farm and stock ponds and irrigation ditches and
infrastructure in association with commercial agriculture as defined above is exempt
from meeting stormwater management minimum standards and from obtaining
approval; provided, that said activities are not conducted in critical areas or critical area
buffers as defined in Chapter 18.22 JCC. Landowners are encouraged to document the
creation of new exempt ponds through photographs (before, during, and after
construction) in order to facilitate any future development review on the property.
(B) Construction or expansion of ponds or irrigation ditches and infrastructure in
wetlands and their buffers is subject to the provisions of Chapter 18.22 JCC.
(I) Maintenance of existing farm and stock ponds and agricultural irrigation ditches
and infrastructure is allowed without having to meet the protection standards
pursuant to the exemption for “existing and ongoing agriculture,”
Chapter 18.22 JCC, if the activities are not prohibited by any other law.
(II) Construction of new ponds or expansion of existing ponds and drainage-related
activities that would introduce new impacts is regulated under Chapter 18.22 JCC.
Activities within wetlands and their buffers require review and approval of a
mitigation or enhancement plan pursuant to that chapter.
(CB) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed
in accordance with JCC 18.30.060(2) and 18.30.070 and construction of a pond of one-
half acre or less which is not in a regulated wetland are exempt from the stormwater
management permit requirement outlined in JCC 18.30.070(5).
(vi) Livestock Management.
(A) On designated agricultural lands, livestock management is allowed as a matter of
right, except:
(I) Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a consistency review land use permit (i.e., “Yes” or Type
I).
Article XIII. Agriculture 16
(II) Any activity that meets the state or federal definition for a custom slaughtering
establishment, custom meat facility, or medium concentrated animal feeding
operation (medium CAFO) requires a conditional administrative (C(a)) land use
permit.
(III) Any operation that meets the state or federal definition for a large concentrated
animal feeding operation (CAFO), certified feed lot, public livestock market,
stockyard, warehouse, or grain elevator requires a conditional use (C) land use
permit.
(B) On lands that are not designated agricultural lands, livestock management is
allowed as a matter of right, except:
(I) The slaughter and preparation of between 100 and 1,000 chickens or other fowl
in a calendar year by the agricultural producer of the chickens for the sale of whole
raw chickens by the producer directly to the ultimate consumer at the producer’s
farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall
be prohibited.
(II) Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a conditional administrative land use permit (C(a)).
(III) Any operation that meets the state or federal definition for a custom
slaughtering establishment, custom meat facility, certified feed lot, public livestock
market, stockyard, warehouse, grain elevator, or medium or large concentrated
animal feeding operation (CAFO) shall be prohibited, except in the heavy industrial
land use designation, where a conditional use (C) land use permit shall be
required.
(C) Facilities for breeding and maintaining working dogs raised for livestock
management purposes are exempt from performance of JCC 18.20.060(2), Animal
kennels, catteries, and shelters, in order to allow livestock guardian dogs to work during
nighttime hours. Facilities for breeding and raising dogs for show or sale must be
incidental and accessory to the principal farm activities and meet all of the performance
standards for animal kennels and shelters at JCC 18.20.060(2).
(vii) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do not
require a building permit from the department of community development.
(A) No county building permit is required for buildings or structures erected exclusively
for the storage of livestock, feed, and/or farm implements, provided said structures are:
freestanding, located at least 10 feet from the nearest structure and not attached to any
structure, unless attached to another agricultural building; do not contain plumbing,
except as necessary to maintain farm animals; do not contain a heat source, such as a
wood stove or electric heat, unless specifically permitted.
(B) Agricultural buildings that contain plumbing other than that as authorized above
must obtain a plumbing installation permit and health department approval.
(C) Agricultural buildings that contain a heat source for an agricultural purpose must
obtain a wood stove permit or an electrical permit as appropriate.
Article XIII. Agriculture 17
(D) Agricultural buildings used for the storage of private automobiles, trucks, etc., which
are not licensed as farm equipment, are considered garages or carports and must
obtain a building permit.
(E) Agricultural buildings used for the purpose of hosting members of the public for the
purpose of retail sales of agricultural products or machinery constructed on site shall
require a building permit to ensure life safety and structural integrity. If an older
agricultural building constructed under the building permit exemption for agricultural
buildings is proposed for hosting members of the public, the building shall be brought
into compliance with the building code, as determined by the building official.
(F) The building official shall judge whether a proposed structure, a structure under
construction, or a completed structure violates this building permit exemption. A
structure determined to be in violation will be considered a structure subject to the
building code.
(G) Temporary growing structures used solely for the commercial production of
horticultural plants including ornamental plants, flowers, vegetables, and fruits are not
considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant
to RCW 19.27.065.
(3) Accessory Uses.
(a) General Provisions. Pursuant to RCW 36.70A.177:
(i) Accessory uses that support, promote, or sustain agricultural operations and production
shall comply with the following:
(A) Accessory uses shall be located, designed, and operated so as not to interfere with
natural resource land uses and shall be accessory to the growing of crops or raising of
animals;
(B) Accessory commercial or retail uses shall predominantly produce, store, or sell
regionally produced agricultural products from one or more producers, products derived
from regional agricultural production, agriculturally related experiences, or products
produced on site. Accessory commercial and retail uses shall offer for sale
predominantly products or services produced on site; and
(C) Accessory uses may operate out of existing or new buildings with parking and other
supportive uses consistent with the size and scale of existing agricultural buildings on
the site but shall not otherwise convert agricultural land to nonagricultural uses.
(ii) Accessory uses may include compatible commercial or retail uses including, but not
limited to:
(A) Storage and refrigeration of regional agricultural products;
(B) Production, sales, and marketing of value-added agricultural products derived from
regional sources;
Article XIII. Agriculture 18
(C) Supplemental sources of on-farm income that support and sustain on-farm
agricultural operations and production;
(D) Support services that facilitate the production, marketing, and distribution of
agricultural products; and
(E) Off-farm and on-farm sales and marketing of predominantly regional agricultural
products and experiences, locally made art and arts and crafts, and ancillary retail sales
or service activities.
(b) Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands,
except those for recreational marijuana. All recreational marijuana activities are subject to specific
process approval allowances and prohibitions per JCC 18.15.040, Table 3-1, for recreational
marijuana and the performance standards in JCC 18.20.295.
(c) Where Prohibited. Accessory uses to agriculture, as defined and regulated in this section, are
prohibited in all land use districts except agricultural lands. Proposals that would be classified
accessory uses in agricultural lands, such as processing, packing, and sales of agricultural
products, may be considered and approved in other land use districts under different and
appropriate land use classifications, such as commercial use, light industrial use, home business,
cottage industry, or small-scale recreation and tourist use, subject to allowed and prohibited uses
per land use district and the associated permit processes and approval criteria.
(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those for
recreational marijuana, are considered a matter of right and not subject to land use permits or
approval from the administrator, subject to the following limitations and provisions in association
with these various use categories:
(i) General. All accessory uses, when exempted from a permit or approval process, shall be
conducted in such a manner that:
(A) Parking for all visitors or suppliers is fully accommodated on site in a location and
manner that does not encroach upon or negatively impact critical areas and their
protection buffers and that converts as little prime agricultural soil as practicable into
nonagricultural use.
(B) New structures are constructed or existing structures are expanded in a location and
manner that does not encroach upon or negatively impact critical areas and their
protection buffers and that converts as little prime agricultural soil as practicable into
nonagricultural use.
(ii) Composting and recycling must be nonhazardous and biodegradable.
(iii) Processing and packing agricultural products if at least 50 percent of the product was
raised or produced on the site or on other Jefferson County parcels, including but not limited
to prepared foods, cheese, wine, beer, decorative materials, compost, etc., including
cooperative processing and packing involving more than one local farmer.
(iv) Retail and wholesale sales of agricultural products from existing or new farm stands and
farm buildings, including cooperative sales involving more than one local farmer, subject to
the following provisions:
Article XIII. Agriculture 19
(A) At least 50 percent of the square footage of the undercover, retail display area is
comprised of products from the farm on which the stand is located or from land owned
by the owner of the stand.
(B) If less than 50 percent of the products sold come from the farm on which the sale
occurs, all the products sold must primarily supply local agricultural activities and the
sales must be accessory to the prime function of the land as a farm. Examples are sale
of hay, specialized livestock materials, farm equipment, livestock fencing, horticultural
supplies, etc.
(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of
equipment, structures, or machinery manufactured on site for use in agricultural operations
subject to the following provisions:
(A) The activity must be accessory to the main function of the property as a farm.
(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses –
Standards for site development.
(C) Storage of vehicles, equipment, materials or products not related to agriculture must
meet the requirements of JCC 18.20.280, Outdoor storage yards.
(vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on a
temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm
mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours,
horticultural nurseries and associated display gardens, cider pressing, wine or cheese
tasting, etc., subject to the following provisions:
(A) All activities must be closely related to normal agricultural activities. Activities which
simply adopt an agricultural theme or setting but which are not otherwise a normal
extension of agricultural activities are not permitted as a matter of right; however, they
may be considered under JCC 18.20.350, Small-scale recreation and tourist uses. The
following list of uses not permitted as a matter of right is illustrative but not exhaustive:
mechanical rides such as Ferris wheels and carousels, arcade type games and
activities, dance halls, stage performances, drinking establishments that serve alcohol
which is not wine produced on site, fireworks, sporting events, caged wild animals,
exhibits, etc.
(B) Temporary events that are not related to agriculture are regulated by
JCC 18.20.380, Temporary outdoor uses.
(vii) Classes. Subject to the following provisions:
(A) Classes are clearly accessory to the primary function of the farm.
(B) Classes must not exceed four weeks in length for any single course of instruction.
Schools with classes that exceed four weeks must meet the provisions of subsection
(3)(e)(ii)(B) of this section, addressing agricultural schools.
(C) If students are regularly housed on site for the class, the provisions of
JCC 18.20.210, Hospitality establishments, shall apply.
Article XIII. Agriculture 20
(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting,
sawing, processing, assembling and selling lumber is limited to timber from the designated
agricultural lands property on which the activity is located and is subject to the regulations of
JCC 18.20.230, Lumber mills (portable and stationary).
(e) When Permit Process Is Required.
(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are
best described as one of the uses listed in subsection (3)(d) of this section and yet exceed or
lie outside of the terms and limitations set forth in subsection (3)(d) of this section are
considered discretionary uses (i.e., “D” uses), as defined at JCC 18.15.020(1)(b), and
subject to a Type II administrative review as specified in Chapter 18.40 JCC. The
administrator may classify the proposed use as an allowed “yes” use, conditional
administrative use, conditional use, or prohibited use. The permit process is subsequently
conducted pursuant to Chapter 18.40 JCC according to the use classification.
(ii) Other Accessory Uses. The following accessory uses may be permitted on designated
agricultural lands subject to a discretionary determination by the administrator (i.e., a Type II
administrative review process for a “D” use), provided they are located, designed and
operated so as not to interfere with natural resource land uses and subject to the following
provisions in association with these various use categories:
(A) Permanent and/or seasonal farm worker housing, in addition to an accessory
dwelling unit; provided, that:
(I) The housing is used exclusively for agricultural workers on the farm and their
families or members of the family of the farm owner with at least one member of
each household actively working on the farm.
(II) The housing for farm labor is not sold, leased or rented to the general public
unless the owner applies for and receives a permit for an agriculture-related
recreational or tourist use as specified in JCC 18.20.350.
(III) The farm worker housing units are constructed in such a manner that they
meet all applicable regulations for dwelling units for agricultural worker housing.
(IV) A covenant is recorded with the title of the parcel on which the housing is
located in a form satisfactory to the county that specifies that the units are
exclusively for use by farm laborers and their families employed on the property by
the owner. The use of the farm labor dwelling units may be converted to
nonagricultural uses and the covenant removed subject to approval by the
administrator and issuance of any required land use permits.
(V) The accommodations shall not require the extension of public sewer services.
(B) Agricultural schools which offer a program that lasts for more than 30 days per year
per student and which may be the primary function of the land, subject to the following
provisions:
(I) The predominant focus of the curriculum and activities of the school is closely
tied to and dependent upon agricultural activities and facilities on the farm. If the
Article XIII. Agriculture 21
school has a conventional curriculum and is merely utilizing an agrarian setting, it
does not qualify for location on designated agricultural land.
(II) Agricultural schools under this section which also house students and/or faculty
for the duration of the course of study must meet the requirements of
JCC 18.40.490 for a conditional use permit.
(III) Buildings and parking facilities used for the school avoid location on prime
agricultural soils, whenever practicable.
(C) Veterinary clinics or hospitals which have at least a portion of their business serving
large domestic animals necessitating holding pens, paddocks, etc., subject to the
provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do not
include an on-site, large animal practice are not permitted on land designated
agricultural land.
(D) Farm restaurant when it is a component of the agritourism activities of a farm
subject to the restrictions set forth in JCC 18.20.350(1).
(E) Farm campground for fishing or hunting on or near farm property subject to the
regulations in JCC 18.20.350(6)(a)(i) through (ix).
(F) Guide services associated with livestock used for trail riding, packing, etc.
(G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350.
(H) Commercial display gardens subject to the requirements of JCC 18.20.350(3). [Ord.
14-18 § 4 (Exh. B); Ord. 4-15 § 4 (Att. C)]