HomeMy WebLinkAboutPC Agenda Packet 12-18-2019Jefferson County Planning Commission
MEETING AGENDA Tri-Area Community Center, 10 W Valley Rd, Chimacum, WA 98325 December 18, 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 • Comments from the Facilitator of the CAO Regulatory Reform Task Force
o Linda Herzog, Facilitator, CAO RR TF
• Continuation of Briefing on Critical Area Ordinance (CAO).
o Patty Charnas, DCD Director
o Lisa Grueter, Principal Planner, BERK and Associates (invited, by Skype)
• 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.
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Critical Areas Ordinance:White Papers
Revised Standards (2017 Draft CAO)
Staff Report (working draft)
Last meeting:
Summarized department and Planning Commission work to
date on critical areas ordinance (CAO) 2014-present
Described the purpose, composition and process of the Critical
Areas Regulatory Reform Task Force
Presented the Task Force’s Recommendations Report
Discussed in detail the revised section on protecting critical
areas in agricultural areas
Began review of revisions to wetlands and stream buffers
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Tonight’s meeting:
Brief discussion of White Papers
Present summary of:
•Critical aquifer recharge areas
•Geologically hazardous areas
•Frequently flooded areas
•Recap Wetlands and Fish & Wildlife
•Special Reports
Summarize Staff Report (working draft)
White Papers
Regulatory Reform and Policy Resolution Opportunities in the Draft Jefferson
County Critical Areas Ordinance.
•Key, overarching reference document describing regulatory reform
opportunities within the boundaries of GMA
•Simplifies the regulatory reform directives as to how they specifically relate to a
CAO
•Serves as a guide as revisions to existing draft were made
Administration: Applicability, Exemptions, Review Process.
•Provides important guidance on what are the administrative processes in
implementing a CAO
•Compares and contrasts six other, GMA-compliant county jurisdictions
•Gives in-depth review of types of process and decision outcomes, including
exemptions
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Existing Article II: Administrative
Provisions
•Applicability
•Identification and mapping of
critical areas
•Coverage
•General Exemptions
•Nonconforming Uses
•Reasonable economic use variance
•Physical separation-functional
isolation
Updated Article II: Administrative
Provisions
•Applicability
•Identification and mapping of critical
areas
•Critical area review process
•General Exemptions
•Nonconforming Uses and Structures
•Variance
•Reasonable economic use exception
•Physical separation-functional isolation
Existing Article I: Purpose-Generally Updated Article I: Purpose-Generally
Updated purpose statement
Added intent of Chapter
•Protect and conserve critical areas
functions and values
•Protect the public against
avoidable losses
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Existing Article III: Critical Aquifer
Recharge Areas
•Classification
•Designation
•Applicability
•Protection Standards
•Adaptive Management
Article III: Critical Aquifer Recharge
Areas
•Purpose
•Classification/designation
•Applicability
•High Impact Land Uses
•Other Land Uses
•Protection Standards
•Relocated OSS to Health Code
•Updated seawater-intrusion-
protection-zones (SIPZs),
created stand alone section
•Added consultations with Env.
Public Health
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Existing Article IV: Frequently
Flooded Areas
•Classification
•Designation
•Applicability
•Protection Standards
•Adaptive Management
Article IV: Frequently Flooded Areas
•Purpose
•Classification/designation
•Applicability
•Protection Standards –Incorporation
by reference
•Follow Flood Hazard Ordinance
in Building Code
•Describes additional
requirements from federal ruling
on listed fish species
Existing Article V: Geologically
Hazardous Areas
•Classification/Designation
•Protection Standards
•Conditions
Article V: Geologically Hazardous
Areas
•Purpose
•Classification/designation
•Improving Data
•Enhanced LiDAR available
•Regulated Activities
•Shifts burden of proof
•Protection Standards
•For listed land use activities
•Buffer widths based on hazard
•Reports and Assessments
•Offering range
•Updating when required
•Waiver options
Critical Areas Ordinance:Wetlands and Stream Buffers
Wetlands and Stream Buffers, Allowed Activities, and Variance Process
Support Wetland Buffers and Stream Buffers similar to Whatcom County
Wetlands buffers –similar to Draft Code
Stream buffers –less than Draft Code
Allowed Activities in Buffers
Septic, Wells, Roads
Similar to Whatcom County and restored some items in Current Code
Provide a Staged Process Similar to Whatcom and Kitsap Counties
Administrative Buffer Reductions –MODIFIED, e.g. greater staff review
Hearing Examiner Variance –ADDED
Reasonable Economic Use Exception
Combined numerous tables into one, easy to view table, like Whatcom
Standards: Returned single-family and short subdivision wetland waiver option. Returned ‘apparent wetland boundary’ option, which provides a way to avoid delineating an obvious wetland boundary by increasing the standard buffer width.
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Existing Article VIII: Special Reports
•General requirements
•Waivers
•Retaining consultants
•Acceptance of special reports
•Aquifer recharge area report
•Drainage and erosion control plan
•Geotechnical report
•Grading plan
•Habitat management plan
•Wetland delineation report
Article VIII: Special Reports in progress
•Purpose
•General Requirements
•Waivers
•Retaining consultants
•Acceptance of special reports
•Critical aquifer recharge area report
•Drainage and erosion control plan
•Geologically hazardous area reports
•Geotechnical letter
•Geology report
•Geotechnical report
•Grading plan
•Habitat management plan
•Wetland delineation reports
Critical Areas Ordinance:CAO Staff Report (Working Draft)
Introduction
and
Background
Requirements
and Options Proposal
Summary of
Revisions Evaluation Appendices
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
Critical Areas Ordinance:CAO Staff Report (Working Draft)
•Requirements and Options
•Similar to April 2019 White Paper Regulatory
Reform and Policy Resolution Opportunities
•Best Available Science
•Alternative Protection
•Regulatory Reform
•Proposal/ Summary of Changes
•Article by Article Summary of Changes
•Like prior slides
•Evaluation
•Jefferson County Code criteria addressing
GMA plans and regulations
•Example –see box
18.45.080 (1)(b) (ii)Whether the
assumptions upon which the
Jefferson County Comprehensive
Plan is based are no longer valid,
or whether new information is
available which was not
considered during the adoption
process or any annual
amendments of the Jefferson
County Comprehensive Plan; and
Evaluation:New information is
considered including more
recent BAS, and public
engagement such as through the
Regulatory Reform Task Force.
Critical Areas Ordinance:CAO Staff Report (Working Draft)
•Proposed Appendices
•Appendix A: Best Available Science Bibliography Record
•Appendix B: Regulatory Reform Task Force Recommendations
•Appendix C: SEPA Addendum December 2019
•Appendix D: Public Participation Summary
Schedule
December –January
Planning Commission
Review & Hearing
February
BOCC Review and
Hearing
BOCC Decision
Resolution 50-19 due
date February 28, 2020
Jefferson County Critical Areas Ordinance Update:
Briefing to the Planning Commission; December 18, 2019
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 works 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[LG1]
(1) Applicability: Proponents of the following activities within fish and wildlife conservation areas or
wetlands or their buffers shall comply with either the prescriptive standards of Chapter 18.22 JCC or the
performance based approach in this Article XIIIThis 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) This Article does not apply to:
(a) Exempt Activities per JCC 18.22.070. Agricultural activities occurring within the footprint of
use as of the effective date of this code (XXX date) are exempt from compliance with Chapter
18.22 JCC unless listed in 18.22.720(1) above.
(b) Agricultural activities that do not lie within fish and wildlife conservation areas or wetlands or
their buffers.
(23) 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
Article XIII. Agriculture 3
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
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.
Article XIII. Agriculture 4
(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[LG2].
(k) The proposal avoids expanding the area drained to unfarmed wetlands.
(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.
Article XIII. Agriculture 5
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
another farm assistance agency, qualified professional, or Jefferson County. 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[LG3].
(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.
(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.
Article XIII. Agriculture 6
18.22.740 Monitoring and Adaptive Management[LG4]
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 as compared to conditions as of
effective date of this ordinance (XXX):
(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.
(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.
Article XIII. Agriculture 7
(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) conditions as documented by agencies with
expertise with no net loss of critical area functions and values compared to a baseline as of the
effective date of this ordinance (XXX). 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
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.
Article XIII. Agriculture 8
(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 areawide or 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
(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.
Article XIII. Agriculture 9
(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.
18.22.760 Limited Public Disclosure[LG5]
A. Producers that have a farm plan developed by State or Federal farm assistance agencies 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 conservation management practices to be
implemented such as through a critical areas checklist per JCC 18.22.720. 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 proposal.
C. The county will provide to the public via its website information regarding which farms have
approved Type 1 or Type 2 conservation practices per JCC 18.22.720 and the date of their approval.
D. Upon request, the county may provide a sample critical areas checklist, exclusive of site- or property
specific information, to give general guidance on the development of a conservation farm plan.
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 10
“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 11
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 12
(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 13
(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 14
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 15
(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 16
(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 17
(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 18
(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 19
(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 20
(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 21
(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 22
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)]
470 Dharma Rd.
Chimacum WA 98325
360-732-4606
alelatham@gmail.com
Dec. 6, 2019
To: Jefferson Co. Planning Commission & Patty Charnas, DCD
From: Al Latham
Subject: Draft Article XIII Agriculture
The main point I would make about the draft of “Article XIII Agriculture” that you are considering is that it should state
at the beginning how this does or doesn’t affect existing agricultural operation in “fish and wildlife habitat conservation
areas or wetlands”. I would suggest that this be addressed at the beginning of the Article. It is alluded to in “18.22.720
Applicability and Classification: (1) Applicability” where it indicates that it applies to “new or expanded areas of
agricultural activities” but it should state at the beginning of that section, in very plain language, that it doesn’t affect
“existing agricultural activities lawfully established….”. There is no reference to this until page 4 “18.22.730 Standards:
(2) Table 18.22.730-1 Agricultural Activities Allowances in Wetland/Stream and Buffers”. Perhaps on page 2 under
“18.22.720 Applicability and Classification” (1) should be “Applicability: This article does not apply to:” and list what it
doesn’t apply to. Move “This article applies to” under that. This way it would be clearer and up front.
It is unclear what the “trigger” is that requires a farmer doing “existing agricultural activities lawfully established….” in
critical areas to get involved in the regulatory process outlined in 18.22.720 and “prepare and maintain a critical areas
checklist.” For instance would erecting a “high tunnel” (poly greenhouse) outside of critical areas be a “trigger”? It
would seem that this process would only affect activities within the critical areas and buffers and not activities outside
these areas. So, indicate what the “triggering” activities are.
I would also suggest that 18.22.720 Applicability and Classification (1) (b) read: “Producers conducting one or more of
the following activities within fish and wildlife conservation areas or wetlands and buffers ….”
It should be clear that any of those activities taking place outside of the critical areas are not subject to the requirements
of 18.22.720.
Under 18.22.730 Standards (1) Performance Standards it says (e) livestock exclusion from fish and wildlife habitat areas
and wetland, and (j) synthetic fertilizers and/or ag chemicals are the standard. This would mean that in order to meet
the standard anyone with an “existing lawfully established” operation pasturing livestock or using synthetic fertilizers/ag
chemicals in critical areas would have to stop doing that. This conflicts with “Table 18.22.730-1 Agricultural Activities
Allowances in Wetland/Stream and Buffers”. It should be clear that these activities can continue on existing operations.
Also, why the prohibition of just synthetic fertilizers? Organic fertilizers can also be detrimental …..
On page 4 under “Notes” at the bottom of the page it says “(3) Producers shall demonstrate they have received a NRCS
Certified Wetland Determination….” This is an involved process that NRCS does not routinely do. To have a wetlands
consultant do it will be quite expensive. Based on my observations while working for the Jefferson Co. Conservation
District the NRCS wetland determination process did not change what we already knew and was very evident, that the
area was indeed a farmed wetland – because it was wetland (hydric soils) that had been converted to farming.
Under 18.22.740 Monitoring and Adaptive Management it states that “Jefferson Co. shall develop a monitoring
program”. I would like to point out that Jeff. Co. Conservation District has a monitoring program extending back to 1988
focused on impacts of agricultural activities on water quality and salmon and improvements based on best management
practices implementation. The Conservation District would certainly continue this program to assist the county with
implantation of the monitoring requirements, if there is sufficient funding available.
In closing it is very important that 18.22.740 be very clear how and when it affects and doesn’t affect existing farming
operations. This will be beneficial to both the farmers and DCD staff.