HomeMy WebLinkAboutSupplemental CSFO Staff Report to BoCC - FINAL
STAFF REPORT TO THE BOARD OF COUNTY COMMISSIONERS PRESENTING
STAFF’S SUMMARY OF PUBLIC COMMENTS RECEIVED ON ORDINANCES
RECOMMENDED BY THE PLANNING COMMISSION
ON REGULATION OF
COMMERCIAL SHOOTING FACILITIES
AND
PRESENTING STAFF WORK REQUESTED DURING DELIBERATIONS
February 21, 2020
Michelle Farfan,
Associate Planner,
Department of Community Development
and
Philip C. Hunsucker, Chief Civil DPA,
Jefferson County Prosecuting Attorney’s Office
i
TABLE OF CONTENTS
INTRODUCTION .................................................................................................................... 1
The Hearing Notice. ......................................................................................................... 1
The Development of the Proposal. ................................................................................... 1
The Proposal Properly Relies on Existing Regulations to Mitigate Impacts. .................. 3
The Checklist Adequately Analyzes Known and Reasonably Foreseeable Environmental
Impacts. ..................................................................................................................... 4
The County Retained the SEPA Determination of Nonsignificance. .............................. 5
THE COMMMENTS TIMELY RECEIVED IN RESPONSE TO THE HEARING NOTICE6
3 RESPONSE TO SUBSTANTIVE COMMENTS RECEIVED ............................................... 6
Concerns about Time for Comments. .............................................................................. 6
Threats of Lawsuits. ......................................................................................................... 6
Stop Listening to Your Lawyer. ....................................................................................... 7
Concerns that Some Alternatives Exceed Constitutional and Statutory Limits on the
Power of the Board of County Commissioners. ........................................................ 8
Concerns about the Potential Limitations of Indoor Shooting Facilities. ........................ 9
3.5.1 Concerns about Inability to Shoot Rifles Indoors. .................................................... 9
3.5.2 Concerns that Hunters Cannot Zero Hunting Rifles Indoors. ................................... 9
3.5.3 Concerns that Skeet Shooting Cannot Be Done Indoors. ........................................ 10
Concerns about Safety. ................................................................................................... 10
3.6.1 Stray Bullets Contained. .......................................................................................... 10
3.6.2 Best Management Practices for Safety Required. ................................................... 10
Concerns about Fire Dangers. ........................................................................................ 12
Concerns about Lead Contamination. ............................................................................ 13
Concerns about Copper and Other Metal Contamination. ............................................. 19
Concerns about the Natural Environment, Animals, Fish, Shellfish and Wildlife. ....... 20
Concerns about the Protection of Groundwater. ............................................................ 23
ii
Concerns about the Protection of Surface Water. .......................................................... 25
Concerns about Noise Impacts. ...................................................................................... 26
Concerns about the Protection of Forest Resource Lands. ............................................. 29
Concerns about Cleanup Costs. ...................................................................................... 30
Additional Protections Required at the Project Level. ................................................... 31
4 REVISED ORDINANCES ..................................................................................................... 32
5 SEPA COMPLIANCE FOR THE DRAFT ORDINANCES ................................................. 32
5. CONCLUSION ....................................................................................................................... 33
February 21, 2020 Staff Report
1
INTRODUCTION
The Hearing Notice.
A hearing notice was published on January 29 and February 5, 2020 for the hearing held on
February 10, 2020 for the purpose of taking testimony on the ordinances as recommended by the
Jefferson County Planning Commission in their December 3, 2019 recommendations, as well as
on a range of options discussed in the County’s January 6, 2020 SEPA Checklist (Checklist), in
the County’s response to Question A.11.1 The Planning Commission’s proposed ordinances also
can be found at the web page in footnote 1, below. The Checklist describes the alternatives in the
proposal necessary to achieve the objective of “adopting a comprehensive set of health and safety
regulations (Title 8 Ordinance) and development regulations (Title 18 Ordinance) that are designed
to uniformly regulate indoor and outdoor commercial shooting facilities (CSFs) within
unincorporated Jefferson County.” January 13, 2020 Determination of Nonsignificance (DNS), 3.
The Planning Commission’s December 3, 2019 recommendations have Appendices as follows:
• Appendix 1, which is the October 16, 2019 staff report that contained as Appendix A staff’s
proposed amendments to County Ordinance No. 12-1102-18 (Title 8 - Health and Safety
Code) and as Appendix B staff’s proposed amendments to County Ordinance No. 15-1214-
18 (Title 18 – Land Use Code);
• Appendix 2, which is the Planning Commission’s proposed amendments to County
Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code); and,
• Appendix 3, which is which is the Planning Commission’s proposed amendments to
County Ordinance No. 15-1214-18 (Title 18 – Land Use Code).
The Development of the Proposal.
On September 23, 2019, the Jefferson County Board of County Commissioners (Board) referred
commercial shooting facilities ordinances to the Jefferson County Planning Commission (Planning
Commission) for review, public hearing, deliberations, and a recommendation on how to prepare
regulations that comply both with the September 16, 2019 Western Washington Growth
Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-
02-0003-c (FDO), the Growth Management Act supremacy rule in WAC 365-196-725, and the
Board’s original intent to adopt uniform operating requirements for both existing and new
commercial shooting facilities within unincorporated Jefferson County.
On November 5, 2019, the Planning Commission conducted a public hearing on draft revised
ordinances, accepting approximately over 50 verbal and written comments, including a petition
signed by about 1,200 persons. The breadth of written and oral testimony in these comments, as
well as the Planning Commission deliberations, suggested a range of legislative options for
recommendations to the Board, including the indoor only option proposed during the Planning
Commission deliberations for the first time.
1 See https://www.co.jefferson.wa.us/CivicAlerts.aspx?AID=417.
February 21, 2020 Staff Report
2
The statutory mandate in RCW 43.21C.030(2)(e), various SEPA administrative codes, informal
Washington Department of Ecology guidance, and Pollution Hearings Board decisions make it
clear that nonproject actions should be described in terms of alternative options to achieve an
objective at the time of a threshold determination. Jefferson County has done this in the Checklist
by describing the nonproject objective as “a comprehensive set of health and safety regulations
(Title 8 Ordinance) and development regulations (Title 18 Ordinance) that are designed to
uniformly regulate indoor and outdoor commercial shooting facilities (CSFs) within
unincorporated Jefferson County.” DNS, 3.
The SEPA regulations in WAC 197-11-055(2)(a) state that “[a] proposal exists when an agency
… has a goal and is actively preparing to make a decision on one or more alternative means of
accomplishing that goal and the environmental effects can be meaningfully evaluated.” (emphasis
added). WAC 197-11-055(2)(a)(ii) expressly excludes “[p]reliminary steps or decisions [which]
are sometimes needed before an action is sufficiently definite to allow meaningful environmental
analysis.” Further, WAC 197-11-070 forbids the SEPA responsible official from limiting the
choice of reasonable alternatives before issuing a DNS. The Checklist provides an overview of the
Title 8 and Title 18 Ordinance along with five legislative alternatives,2 consistent with the statutory
mandate and the WAC sections cited above. The alternatives for the objective of the proposal,
were developed from public comment, planning commission deliberations and recommendations,
and Board deliberations and actions represent a timely environmental review.
• Alternative 1 was referred to the Planning Commission on September 23, 2019 ordinances
for a recommendation on how to prepare regulations that comply both with the Growth
Board’s September 16, 2019 decision and the Growth Management Act supremacy rule in
WAC 365-196-725, and to meet the Board’s original intent to adopt uniform operating
requirements for both existing and new commercial shooting facilities within
unincorporated Jefferson County.
• Alternative 2 included outdoor commercial shooting facilities in forest lands (relying on
mitigation measures in the proposal that included a quota) and was provided to the Planning
Commission by County staff on October 16, 2019, when it provided the Planning
Commission a staff report that contained the proposed revised Title 8 and Title 18
ordinances, as directed by the Board.
• Alternative 3 included outdoor commercial shooting facilities in forest lands (relying on
mitigation measures in the proposal that did not include a quota) and was presented to the
Planning Commission in public comments, including in timely submitted written public
comments submitted by Scott Freeman, President of the Tarboo Ridge Coalition on
November 5, 2019.
• Alternative 4 is the Planning Commission’s indoor only recommendation.
• Alternative 5 is variation of the indoor only recommendation of the Planning Commission
described in Alternative 4, which the Planning Commission necessarily considered when
2 The Checklist also considers the no action alternative and demonstrates that all five alternatives are far more
protective of the environment than the no action alternative.
February 21, 2020 Staff Report
3
it decided to recommend limiting the zoning districts where indoor commercial shooting
facilities should be located.
A response was given to every question on the Checklist. The Checklist fully answers the questions
when information is available or relevant to that question. Certain questions are not applicable to
this proposal, such as “approximately how many [housing] units would be provided if any?
Indicate whether high, middle or low-income housing.” Checklist, 57. The proposal regulates
commercial shooting facilities and does not provide housing; therefore, this question is not
applicable to the proposal.
WAC 197-11-330(1)(c) requires that in making a threshold determination the SEPA responsible
official must: “Consider mitigation measures which an agency or the applicant will implement as
part of the proposal, including any mitigation measures required by development regulations,
comprehensive plans, or other existing environmental rules or laws.” (Emphasis added.) The
Checklist complies with WAC 197-11-330(1)(c). With exhibits that demonstrate existing
applicable mitigation measures, the Checklist is 341 pages long. The 2012 National Rifle
Association Range Source Book (NRA Range Source Book), which is the source of best
management practices in the proposal is 600 pages long.
The Checklist looks at the potential environmental impacts under each alternative and the proposed
or existing measures which reduce the impacts to a level that does not significantly affect the
environment. All of the alternatives discussed in the Checklist address these concerns either
through the language of proposed ordinances, best management practices required by the
ordinances, or by referring to locally adopted ordinances, development regulations, land use plans,
or other legal authority that adequately cover the issue.
The Proposal Properly Relies on Existing Regulations to Mitigate Impacts.
• The Checklist states:
A summary of the protections afforded in the Jefferson County Code is attached as
Exhibit 11. Specifically, the proposal requires compliance with:
• Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5 do
not propose any changes to the Critical Areas Ordinance.
• Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5
do not propose any changes to the Shoreline Master Program.
• Development and performance standards in Chapters 18.15, 18.20 and
18.30 JCC.
• 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary
use criteria in JCC 18.15.045 (Exhibit 2).
• Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i)
for future CSF projects in forest resource lands.
February 21, 2020 Staff Report
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• Substantive standards and best management practices required by the
proposal that would mitigate these types of impacts.
• SEPA, which requires analysis of these impacts at the project level.
For future CSF projects subject to the conditional use approval criteria, JCC
18.40.530(1)(i) that requires: “The conditional use will not cause significant
adverse impacts on the human or natural environments that cannot be mitigated
through conditions of approval.”
For future CSF projects subject to the discretionary use approval criteria, JCC
18.15.045(2)(a) requires that the project: “Will not result in impacts on the human
or natural environments determined by the administrator to require review as a
conditional use.”
If an alternative is selected which allows outdoor CSF, there is a possibility of lead
dust ingestion by animals or humans. However, a future project applicant is
required to comply with USEPA Region 2 Best Management Practices for Lead at
Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and
contain the lead dust, that they prevent migration, that they remove and recycle the
lead, and that they document activities and keep records.
Checklist, Section D, 79-80.
• The Checklist states:
Under each of the alternatives listed in the Brief and Complete Discussion in
response to Question A.10, in the SEPA Checklist, including the no-action
alternative, each new CSF project proposal must comply with all applicable laws
and regulations, including SEPA and its implementing regulations, and Chapter
18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25
JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance)
will provide substantive development standards that control siting and mitigate
impacts. Chapters 18.15, 18.20 and 18.30 JCC for development and performance
standards. For all future projects JCC 18.40.530 with the 12 CUP approval criteria
(Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit 2) will
apply.
Checklist, 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28.
The Checklist Adequately Analyzes Known and Reasonably Foreseeable
Environmental Impacts.
The DNS demonstrates that environmental factors were considered in a manner sufficient to
amount to a prima facie compliance with the procedural requirements of SEPA. The Checklist
includes sufficient information to conduct a meaningful review of the proposal, including all of
the legislative alternatives discussed.
February 21, 2020 Staff Report
5
A careful review of the Checklist reveals that the County identified potential activities at CSFs
that would be allowed under all the alternatives, then analyzed potential environmental impacts
from future CSFs consistent with the law. In the Checklist, Jefferson County identified qualitative
and quantitative information (when available) on environmental impacts from future development.
For example, the Checklist:
• Indicated that noise levels up to 160 dba may be observed as a peak noise level when
discharging a weapon. Checklist, 82. The Checklist then identified existing and proposed
development regulations which bring the noise impacts on individual projects to a level
that will not significantly affect the quality of the environment.
• Identified an independently published study which indicated that users of indoor CSFs had
lead exposures above the recommended blood levels. Checklist, 80. While the Checklist
did not quantify the exact levels from the independent study, the Checklist referenced the
study and then relied on best management practices which reduces lead exposure to humans
at indoor CSFs below the recommended blood levels based upon certain recommended
practices.
• Acknowledged that certain alternatives (including the no action alternative) may impact
forest resource lands through development. The Checklist identifies that 76.44% of zoned
land in the County is some form of forest resource lands and that under most alternatives a
quota of 150 acres (00.05% of all zoned forest resource lands) will be imposed for new
indoor or outdoor CSFs.
Where possible, the Checklist analyzed known or reasonably foreseeable environmental impacts.
Section D of the Checklist, the required the supplemental sheet for nonproject actions, contains
significant analysis regarding the environmental impacts. The Checklist details how development
regulations, required best management practices, and other laws will reduce the environmental
impacts of individual projects to a level that does not significantly affect the environment.
The County Retained the SEPA Determination of Nonsignificance.
In response to the DNS, the County timely received written comments from five commenters, all
between January 27 and 29, 2020. All the commenters opposed outdoor shooting ranges for
various reasons.
The County responded to each of the five commenters in writing, explaining the SEPA process for
a non-project proposal and specifically addressing all the concerns raised. On February 20, 2020,
the SEPA responsible official decided to retain the January 13, 2020 DNS, published a
memorandum to that effect, and emailed the Department of Ecology with a copy that same day.
The SEPA DNS retention memorandum (including the responses to all the comments) and
supporting documents can be found on the County’s web site at the link in the footnote below.3
3 http://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?dbid=0,0,0,0,0&startid=1898073&row=1&cr=1.
February 21, 2020 Staff Report
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THE COMMMENTS TIMELY RECEIVED IN RESPONSE TO THE HEARING
NOTICE
During the written comment period, which was extended by the Board until 4:30 p.m. on February
11, 2020, the County received comments, oral and written, from 183 persons total. A summary of
the comments timely received is attached as Exhibit 1.
The comment summary indicates each type of comment given, whether written or oral. An
approximate total 4 of the comments for the various alternatives is presented in Table 1.
Table 1
Supports
Indoor Only for
New CSFs
(Alternatives 4
and 5)
Supports
Indoor CSFs
on
Commercial
and Industrial
Zones
(Alternatives
1, 2, 3 and 5)
Supports
Indoor CSFs
on Commercial
and Industrial
Zones and
Forest Lands
(Alternative 5)
Supports
Outdoor
CSFs
(Alternatives
1, 2 and 3)
Supports
Title 18
Regulation of
Non-
Commercial
Shooting
Facilities
148 127 8 21 18
3 RESPONSE TO SUBSTANTIVE COMMENTS RECEIVED
In addition to the preferences reflected in the comments for the various alternatives presented in
Table 1, there were substantive comments. The substantive comments can be grouped into
categories. Responses also are grouped by these categories.
Concerns about Time for Comments.
One comment complained that there was not sufficient time to comment, given that the staff report
was not posted to the County web site until February 7, 2020. However, the staff report is well
organized and easy to read. And, the commenter was able to post a meaningful and timely comment
about the staff report.
Threats of Lawsuits.
One commenter on the Board of Directors of the Tarboo Ridge Coalition threatened litigation if
the County did not adopt Alternative 4, plus the TRC proposal that Title 18 regulate non-
commercial shooting facilities. The Board of County Commissioners should access litigation
threats as part of its analysis of what legislation to adopt. That is so because: (1) Threats of
litigation may point to serious flaws in the legislation and (2) the County does not have unlimited
resources to defend litigation or pay damages.
4 Some of the comments were not explicit, so interpretation of some of the comments is required.
February 21, 2020 Staff Report
7
Stop Listening to Your Lawyer.
One commenter asked the Board of County Commissioners to ignore its lawyer.
Please stop listening to your attorney, Philip Hunsucker. He has provided you with
bad legal advice, which has turned this into a deeply flawed process. Step back and
look at the breathtaking turn of events that have occurred around this gun range
issue and how the public has been whipsawed, all in response to a potential litigant
and fueled by Mr. Hunsuckers (sic) unseemly fear of being sued. ... Listen to the
public who elected you! You make the decisions, not him! The citizens of Jefferson
County are overwhelmingly opposed to open-air commercial gun ranges. Land use
issues are by their nature litigious. Trying to legislate from a position of fear and
intimidation leads to chaos. Tell Mr. Hunsucker to stand down and get out of the
way.
This commenter misunderstands the role of the prosecuting attorney in our commission system of
government. Unlike city attorneys who are hired by the city, county prosecuting attorneys are
elected independently. Washington Constitution, Article 11, Section 5;5 RCW 36.16.030. Counties
are arms or agencies of the state organized to carry out or perform some functions of state
government. Counties have no powers except those expressly conferred by the constitution and
state laws, or those which are reasonably or necessarily implied from the granted powers.
By statute, the County prosecuting attorney is the legal advisor of the legislative authority of the
County. RCW 36.37.020(1). In this state, the prosecuting attorney is also the county attorney. In
re Lewis, 51 Wn.2d 193, 201, 316 P.2d 907, 912 (1957). The prosecuting attorney is responsible
for prosecuting and defending the County in all civil actions. RCW 36.27.005; RCW 36.27.020(3)
and (4). And, RCW 36.27.040 gives the County prosecuting attorney the sole power to appoint
deputies. Finally, RCW 36.32.200 prohibits the Board of County Commissioners from contracting
with any attorney for any duty which any prosecuting attorney is authorized or required by law to
perform.
This constitutional division of government is “for the protection of individuals” against centralized
authority and abuses of power. State v. Rice, 174 Wn.2d 884, 900–01, 279 P.3d 849, 857 (2012).
Thus, it would violate the law for the Board of County Commissioners to tell the Prosecuting
Attorney (or his deputy) to “stand down.”
Furthermore, the Prosecuting Attorney and his deputies are required by law to provide candid
advice to the Board of County Commissioners and an honest judgment about the legal course of
action. As a lawyer, prosecutors must follow the rules contained in the Washington Rules of
Professional Conduct (RPC). The allocation of authority between client and its lawyer is governed
by the RPC 1.2: The client makes the decisions concerning the objectives of the representation.
But the lawyer must consult with the client as to the means to pursue the objectives. Lawyers must
5 “The legislature, by general and uniform laws, shall provide for the election in the several counties of boards of
county commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys and other county, township or
precinct and district officers, as public convenience may require, and shall prescribe their duties, and fix their terms
of office …” (Emphasis added.)
February 21, 2020 Staff Report
8
“explain a matter to the extent reasonably necessary to permit the client to make informed
decisions.” RPC 1.4(b). And:
If a lawyer for an organization knows that an officer, employee or other person
associated with the organization is engaged in action, intends to act or refuses to
act in a matter related to the representation that is a violation of a legal obligation
to the organization, or a violation of law that reasonably might be imputed to the
organization, and that is likely to result in substantial injury to the organization,
then the lawyer shall proceed as is reasonably necessary in the best interest of the
organization.
RPC 1.13(b). “In representing a client, a lawyer shall exercise independent professional judgment
and render candid advice. In rendering advice, a lawyer may refer not only to law but to other
considerations such as moral, economic, social and political factors, that may be relevant to the
client's situation.” RPC 2.1. Comment [1] to RPC 2.1 states:
A client is entitled to straightforward advice expressing the lawyer’s honest
assessment. Legal advice often involves unpleasant facts and alternatives that a
client may be disinclined to confront. In presenting advice, a lawyer endeavors to
sustain the client’s morale and may put advice in as acceptable a form as honesty
permits. However, a lawyer should not be deterred from giving candid advice by
the prospect that the advice will be unpalatable to the client.
Finally, “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein,
unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith
argument for an extension, modification or reversal of existing law.” RPC 3.1. Comment [1] to
RPC 3.1 states: “The law, both procedural and substantive, establishes the limits within which an
advocate may proceed. However, the law is not always clear and never is static. Accordingly, in
determining the proper scope of advocacy, account must be taken of the law’s ambiguities and
potential for change.”
Concerns that Some Alternatives Exceed Constitutional and Statutory Limits on the
Power of the Board of County Commissioners.
Some commenters expressed concern that Alternatives 4 and 5, which that limit new commercial
shooting facilities to indoor facilities only, violate the Washington Constitution, Washington
statutes or the U.S. Constitution. The February 7, 2020 Staff Report (Staff Report) discusses the
law on issues in detail at pages 11-18. Staff undertook an analysis of whether indoor commercial
shooting facilities actually could be sited, assuming compliance with existing provisions in Title
18 JCC and the Planning Commission Recommendation that commercial indoor shooting facilities
be allowed only as a discretionary use in all commercial and industrial zoning districts (except
resource based industrial zoning district), subject to review under the State Environmental Policy
Act (SEPA). A technical memorandum describing this analysis is attached as Exhibit A to the Staff
Report (Technical Memorandum). “Based on this analysis, commercial shooting facilities could
be sited within commercial/industrial zones …” Staff Report, 35. The Technical Memorandum
describes the analysis as follows:
February 21, 2020 Staff Report
9
Michelle Farfan, Associate Planner (Farfan) at the Jefferson County Department of
Community Development (DCD) has extensive knowledge of the various uses of
parcels in unincorporated Jefferson County.
Farfan identified at approximately 18 properties on which indoor commercial
shooting facilities in rural/UGA commercial and industrial zoning (excluding
resource-based industrial zoning). Three of the parcels are largely undeveloped: (1)
Parcel APN 001 212 010; (2) Parcel APN 702 231 015; and, Parcel APN 901 024
008. Farfan has prepared drawings showing how an indoor commercial shooting
facility could be sited on these three parcels. Farfan’s drawings for these three
parcels are attached as Appendix B. In addition to these three parcels, Farfan
identified parcels not in use or currently in use that could be developed as indoor
commercial shooting facilities. A list of these additional parcels is attached as
Appendix C. BERK reviewed Farfan’s analysis and agree the approach Farfan took
was reasonable.
Staff Report, Exhibit A, 3. Based on this analysis, staff concludes that the most restrictive of the
alternatives, Alternative 4, likely would not violate the Washington Constitution, Washington
statutes and the U.S. Constitution. Alternative 5, which would include the 18 parcels in Alternative
4, plus at least 8 more parcels, also likely would pass muster. Id., 5.
Concerns about the Potential Limitations of Indoor Shooting Facilities.
3.5.1 Concerns about Inability to Shoot Rifles Indoors.
Some commenters stated that indoor shooting facilities cannot be used for rifle training. Staff
believes there is significant evidence to the contrary, including evidence contained given by other
commenters at the hearing, in the Technical Memorandum, and via Google searches on the
internet. For example:
• The Mason County Sportsman’s Association, 521 W. Business Park Road, Shelton WA
(http://masoncountysa.com/) allows for indoor shooting of rifles. Indoor Rifle (50 foot).
https://rangelistings.com/shooting-ranges/WA.html, last accessed February 2, 2020.
• Lakewood Shooting Range, 11701 Pacific Highway SouthWest, Lakewood WA 98499
(https://lakewoodshootingrange.com/) allows for indoor shooting of rifles. Indoor Rifle (25
yards (up to 7.62.39 or 30-30)) https://rangelistings.com/shooting-ranges/WA.html, last
accessed February 2, 2020.
• Champion Arms, 18801 East Valley Hwy., Kent WA 98032 (https://championarms.com/)
allows for indoor shooting of rifles. Indoor Rifle (25 yards)
https://rangelistings.com/shooting-ranges/WA.html, last accessed February 2, 2020.
3.5.2 Concerns that Hunters Cannot Zero Hunting Rifles Indoors.
Some commenters were concerned that hunters could not zero hunting rifles at indoor ranges
because indoor ranges generally are not large enough. But in Jefferson County hunters can zero
hunting rifles at JCSA.
February 21, 2020 Staff Report
10
3.5.3 Concerns that Skeet Shooting Cannot Be Done Indoors.
Some commenters were concerned that skeet shooters could not shoot skeet at indoor ranges
because indoor ranges generally are not large enough. But in Jefferson County hunters can shoot
skeet at JCSA.
Concerns about Safety.
Some commenters expressed concerns about the safety of some of the alternatives. Safety concerns
were identified and addressed in the Checklist:
3.6.1 Stray Bullets Contained.
• The Checklist states: “All alternatives require that CSFs contain stray bullets. CSFs must
be designed and operated so that when firearms are operating in accordance with rules and
regulations approved as part of an application for operation of a CSF under the Title 8
Ordinance and for siting and design of a CSF under the Title 18 Ordinance, all projectiles
must be kept from leaving any shooting range or the CSF.” Checklist, 4, 13; 64; 84-85;
158.
• Further, the NRA Range Source Book, which is the basis for required best management
practices at outdoor and indoor commercial shooting facilities also requires projectile
containment at outdoor ranges. NRA Range Source Book, I-1-15. Furthermore, the best
management practices required in USEPA Region 2 in its 2005 publication entitled Best
Management Practices for Outdoor Shooting Ranges (USEPA 2005) also discuss
containment:
Shooting directions and patterns are important to consider when determining
the effectiveness of bullet containment devices.
For example, many bullet traps are effective in containing bullets fired from
specific directions. It is vital that you utilize bullet containment devices that match
your range’s specific shooting patterns and manufacturers specifications.
• Checklist, Exhibit 9, USEPA Region 2 in its 2005 publication entitled Best Management
Practices for Outdoor Shooting Ranges (USEPA 2005), II-4. Effective mitigation measures
for fire risk are the prevention of stray bullets are contained in all alternatives.
3.6.2 Best Management Practices for Safety Required.
• Checklist, Exhibit 9, USEPA Region 2 in its 2005 publication entitled Best Management
Practices for Outdoor Shooting Ranges (USEPA 2005), II-4. Effective mitigation measures
for fire risk are the prevention of stray bullets are contained in all alternatives.
• For all alternatives, including the alternatives that include an outdoor CSF, the proposal
requires consistency with the NRA Range Source Book for minimizing noise, increasing
February 21, 2020 Staff Report
11
safety, and increasing environmental protection during operations of a CSF. Checklist, 3;
Exhibit 9.
• All alternatives require a safety plan or a safety plan component that must be reviewed by
a qualified shooting range evaluator and certified under oath by the owner or operator.
Planning Commission’s Recommended Title 8 Ordinance, 29; Checklist, Exhibit 5.
Further, the NRA Range Source Book, which is the basis for required best management
practices at outdoor and indoor commercial shooting facilities also requires a safety plan
(NRA Range Source Book, I-1-13 and Section I, Chapter 2) and projectile containment at
outdoor ranges. NRA Range Source Book, I-1-15.
• All alternatives require that the safety plan contain: “An emergency plan, to include
provision for immediate notification to 911 of any life safety incident and on the next
business day to the department.” Planning Commission’s Recommended Title 8
Ordinance, 31; Checklist, Exhibit, 30 (emphasis added).
• All alternatives require that a qualified shooting range evaluator “provide a written
evaluation of the level of safety of the operations proposed in the operating permit
application, which shall contain: … An evaluation of whether the commercial shooting
facility’s operations described in the application for an operating permit minimize
threatened harm” and for established commercial shooting facilities must classify
“Proposed operations that do not meet the safety objectives of this article.” Planning
Commission’s Recommended Title 8 Ordinance, 34; Checklist, Exhibit, 33 (emphasis
added).
• All alternatives require that the operator of the CSF certify under oath that “the facility
shall be operated in a manner that protects the safety of all persons present at the
commercial shooting facility and persons on neighboring properties.” Planning
Commission’s Recommended Title 8 Ordinance, 35; Checklist, Exhibit, 34 (emphasis
added).
• All alternatives require an expedited response from the sheriff to “reports of life safety
incidents or threated harm.” Planning Commission’s Recommended Title 8 Ordinance, 39;
Checklist, Exhibit 5, 39.
• The Checklist states: “The proposal requires that the owner or operator maintain
comprehensive general liability insurance coverage, with a minimum coverage amount of
one million dollars for each occurrence and combined single limit and two million in the
aggregate during operation of the CSF.” Checklist, 14.
February 21, 2020 Staff Report
12
Concerns about Fire Dangers.
Some commenters expressed concerns about the fire dangers of some of the alternatives. Fire
danger concerns were identified and addressed in the Checklist:
• The proposal requires that a CSF have an operations plan with a safety component that
requires a means for participants and spectators to “readily contact emergency services
such as fire or emergency medical services”(Planning Commission’s proposed Title 8
Ordinance, 31; SEPA Checklist, Exhibit 5, 30) and will be “served by adequate facilities
including access, fire protection, water and sewer facilities (municipal, community, or on-
site systems); Planning Commission’s proposed Title 18 Ordinance (emphasis added).
• Under all alternatives future outdoor CSF projects are subject to the conditional use
approval criteria, including JCC 18.40.530(1)(b) that requires: “The conditional use will
be served by adequate infrastructure including roads, fire protection, water, wastewater
disposal, and stormwater control.” (Emphasis added.) Checklist, 5; 24; 25; 30; 31; 32; 34;
40; 44.
• All alternatives require containment of stray bullets, which probably would be the only
difference an outdoor shooting facility and any other facility in terms of fire risk. The
Checklist states: “All alternatives require that CSFs contain stray bullets. CSFs must be
designed and operated so that when firearms are operating in accordance with rules and
regulations approved as part of an application for operation of a CSF under the Title 8
Ordinance and for siting and design of a CSF under the Title 18 Ordinance, all projectiles
must be kept from leaving any shooting range or the CSF.” Checklist, 4, 13; 64; 84-85;
158. Further, the NRA Range Source Book, which is the basis for required best
management practices at outdoor and indoor commercial shooting facilities also requires
projectile containment at outdoor ranges. NRA Range Source Book, I-1-15. Furthermore,
the best management practices required in USEPA Region 2 in its 2005 publication entitled
Best Management Practices for Outdoor Shooting Ranges (USEPA 2005) also discuss
containment:
Shooting directions and patterns are important to consider when determining the
effectiveness of bullet containment devices.
For example, many bullet traps are effective in containing bullets fired from specific
directions. It is vital that you utilize bullet containment devices that match your range’s
specific shooting patterns and manufacturers specifications.
Checklist, Exhibit 9, USEPA Region 2 in its 2005 publication entitled Best
Management Practices for Outdoor Shooting Ranges (USEPA 2005), II-4.
Effective mitigation measures for fire risk are the prevention of stray bullets are
contained in all alternatives.
February 21, 2020 Staff Report
13
• For all alternatives, including the alternatives that include an outdoor CSF, the proposal
requires consistency with the NRA Range Source Book for minimizing noise, increasing
safety, and increasing environmental protection during operations of a CSF. Checklist, 3;
Exhibit 9.
• All alternatives require a safety plan that must be reviewed by a qualified shooting range
evaluator and certified under oath by the owner or operator. Planning Commission’s
Recommended Ordinances; Checklist, Exhibit 5. Further, the NRA Range Source Book,
which is the basis for required best management practices at outdoor and indoor
commercial shooting facilities also requires a safety plan (NRA Range Source Book, I-1-
13 and Section I, Chapter 2) and projectile containment at outdoor ranges. NRA Range
Source Book, I-1-15.
• The Checklist states: “The proposal requires that the owner or operator maintain
comprehensive general liability insurance coverage, with a minimum coverage amount of
one million dollars for each occurrence and combined single limit and two million in the
aggregate during operation of the CSF.” Checklist, 14. Insurers will not underwrite CSFs
that do not meet their safety requirements.
• None of the alternatives discussed in the Checklist allow or authorize the discharge of
tracer or incendiary ammunition. Planning Commission’s Recommended Title 8
Ordinance, 41; Checklist, Exhibit 5, 40.
• The Checklist requires discussion of the risk of fire at a future CSF project too. The
Checklist states: “Environmental health hazards, including exposure to toxic chemicals,
risk of fire and explosion, spill, or hazardous waste on a site will be discussed in a future
project-level SEPA checklist.” Checklist, 40 (emphasis added).
• Finally, the proposal makes clear that it includes compliance with “all applicable laws and
regulations.” Checklist, Section D, 83-84. That includes fire codes, including the
International Fire Code now contained in Chapter 51-54A WAC, including the Wildland
Urban Interface Code in WAC 51-54A-8200.
Concerns about Lead Contamination.
Some commenters expressed concerns about possible lead contamination in of some of the
alternatives. Lead contamination concerns were identified and addressed in the Checklist:
• The proposal contains USEPA 2005 as Exhibit 9 USEPA Region 2 Best Management
Practices for Lead at Outdoor Shooting Ranges (USEPA 2005), which provides a detailed
discussion in Chapter I of the environmental exposure routes and health effects of lead at
outdoor shooting ranges.
February 21, 2020 Staff Report
14
• The Checklist states:
All alternatives require that CSFs contain stray bullets. CSFs must be designed and
operated so that when firearms are operating in accordance with rules and regulations
approved as part of an application for operation of a CSF under the Title 8 Ordinance and
for siting and design of a CSF under the Title 18 Ordinance, all projectiles must be kept
from leaving any shooting range or the CSF. Checklist, 4, 13; 64; 84-85; 158. Further, the
NRA Range Source Book, which is the basis for required best management practices at
outdoor and indoor commercial shooting facilities also requires projectile containment at
outdoor ranges. NRA Range Source Book, I-1-15. Furthermore, the best management
practices required in USEPA Region 2 in its 2005 publication entitled Best Management
Practices for Outdoor Shooting Ranges (USEPA 2005) also discuss containment:
Shooting directions and patterns are important to consider when determining
the effectiveness of bullet containment devices.
For example, many bullet traps are effective in containing bullets fired from
specific directions. It is vital that you utilize bullet containment devices that match
your range’s specific shooting patterns and manufacturers specifications.
Checklist, Exhibit 9, USEPA Region 2 in its 2005 publication entitled Best
Management Practices for Outdoor Shooting Ranges (USEPA 2005), II-4. Effective
mitigation measures for lead contamination by stray bullets are contained in all
alternatives.
• The Checklist states:
If an alternative is selected which allows outdoor CSF, there is a possibility of lead
dust ingestion by animals or humans. However, a future project applicant is required
to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor
Shooting Ranges (USEPA 2005, Exhibit 9). The BMPs require that the CSF control
and contain the lead dust, that they prevent migration, that they remove and recycle
the lead, and that they document activities and keep records.
Checklist, Section D, 80. See also Checklist, 20; 21; 22; 43.
• The Checklist states:
If an alternative is selected which allows outdoor CSF, there is a possibility of lead
discharge through stormwater runoff into surface waters (if the proposal is close
enough to surface waters) or ingestion by animals or humans. However, a future
project applicant is required to comply with USEPA Region 2 Best Management
Practices for Lead at Outdoor Shooting Ranges (USEPA 2005, Exhibit 9). The BMPs
require that the CSF control and contain the lead, that they prevent migration, that they
remove and recycle the lead, and that they document activities and keep records.
Checklist, 23; 24; 27; 30-31; 32; 33; 34; 41; 43; 45.
February 21, 2020 Staff Report
15
• USEPA 2005 has a best management practice of controlling and containing lead bullets
and bullet fragments. Checklist, Exhibit 9, USEPA 2005, III-1-5; Table 3-1; Appendix C.
• The Checklist states:
When a cartridge is shot, and before the projectile leaves the gun, all the powder
grains should be completely burnt; however, if this ideal case does not happen, it
is possible to find unburnt or partially burnt powder particles. K.-M. Pun, A.
Gallusser, Macroscopic observation of the morphological characteristics of the
ammunition gunpowder, Forensic Sci. Int.; 175(2-3), 179-185 (2008) (Pun and
Gallusser 2008). Firing a weapon produces combustion of both the primer and
powder of the cartridge. Gunpowder or “black powder” is no longer used in
modern firearms. The powder used in modern ammunition is known as smokeless
powder. Smokeless power mostly is made of nitrocellulose, also known as
cellulose nitrate, guncotton, and NC. There also may be trace amounts of other
chemicals in smokeless powder. For handguns and shotgun loads nitrocellulose is
enhanced with nitroglycerin. The residue of the combustion products, called
gunshot residue (GSR), can consist of both burned and unburned primer or powder
components, combined with additional residues from the surface of the bullet,
surface of the cartridge case, and lubricants used on the firearm. Residues can be
either inorganic or organic in nature. C. Vachon and M. Martinez, Understanding
Gunshot Residue Evidence and Its Role in Forensic Science, Am J Forensic Med
Pathol (2019); 40: 210–219 (Vachon and Martinez, 2019). Residues most often
derive from the primer cap, which typically contains a mixture of components: the
shock-sensitive explosive lead styphnate, oxidizer barium nitrate, and antimony
sulfide fuel. Thus, the most commonly encountered residue metals are lead (Pb),
barium (Ba), and antimony (Sb). (Vachon and Martinez, 2019). Less common
elements in GSR include aluminum (Al), sulfur (S), tin (Sn), calcium (Ca),
potassium (K), chlorine (Cl), copper (Cu), strontium (Sr), zinc (Zn), titanium (Ti),
or silicon (Si). How much GSR is produced depends upon a number of factors
including, the size and geometry of the powder grains, the variability of the color
of the powder, the length of the barrel and the type of base of the bullet. (Pun and
Gallusser 2008). However, it should be noted that the rural/UGA commercial and
industrial zoning districts permit similar development patterns which would result
in similar air emission impacts regardless of this proposal. Further, any impacts
will be mitigated because each new CSF project proposal must comply with all
applicable laws and regulations, including SEPA and its implementing
regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A
summary of the protections afforded in the Jefferson County Code is attached as
Exhibit 11. Specifically, the proposal requires compliance with:
• Chapter 18.22 JCC (Critical Areas Ordinance). Alternatives 1 through 5
do not propose any changes to the Critical Areas Ordinance.
• Chapter 18.25 JCC (Shoreline Master Program). Alternatives 1 through 5
do not propose any changes to the Shoreline Master Program.
February 21, 2020 Staff Report
16
• Development and performance standards in Chapters 18.15, 18.20 and
18.30 JCC.
• 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary
use criteria in JCC 18.15.045 (Exhibit 2).
• Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i)
for future CSF projects in forest resource lands.
• Substantive standards and best management practices required by the
proposal that would mitigate these types of impacts.
• SEPA, which requires analysis of these impacts at the project level.
For future CSF projects subject to the conditional use approval criteria, JCC
18.40.530(1)(i) that requires: “The conditional use will not cause significant
adverse impacts on the human or natural environments that cannot be mitigated
through conditions of approval.”
For future CSF projects subject to the discretionary use approval criteria, JCC
18.15.045(2)(a) requires that the project: “Will not result in impacts on the human
or natural environments determined by the administrator to require review as a
conditional use.”
If an alternative is selected which allows outdoor CSF, there is a possibility of lead
dust ingestion by animals or humans. However, a future project applicant is
required to comply with USEPA Region 2 Best Management Practices for Lead
at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that the CSF control
and contain the lead dust, that they prevent migration, that they remove and
recycle the lead, and that they document activities and keep records.
Checklist, Section D, 79-80.
• Under each of the alternatives listed in the Brief and Complete Discussion in response to
Question A.11, above, including the no-action alternative, there likely will be the discharge
of hazardous materials into the surrounding environment. Lead is the primary environmental
concern from indoor and outdoor CSFs. A 2017 National Institute of Health Journal Article
reviewed existing scientific studies concluding that users of shooting ranges had lead exposure
above the US Center for Disease Control (CDC) recommended blood levels. Lead Exposure
at Firing Ranges – A Review, Environmental Health, National Institutes of Health, available
at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5379568/. Generally, lead can be
introduced into the environment in the following three ways:
• Lead oxidizes when exposed to air and dissolves when exposed to acidic water
or soil;
• Lead bullets, bullet particles, or dissolved lead can be moved by stormwater
runoff; and,
• Dissolved lead can migrate through soils to groundwater.
February 21, 2020 Staff Report
17
However, any impacts will be mitigated because each new CSF project proposal must comply with
all applicable laws and regulations, including SEPA and its implementing regulations, and Chapter
18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson
County Code is attached as Exhibit 11. Specifically, the proposal requires compliance with:
• Chapter 18.22 JCC (Critical Areas Ordinance), including JCC 18.22.130,
which provides protection standards for groundwater in susceptible aquifer
recharge and special aquifer protection areas. Alternatives 1 through 5 do not
propose any changes to the Critical Areas Ordinance.
• Chapter 18.25 JCC (Shoreline Master Program), including JCC
18.25.320(2)(d), which prohibits discharging solid wastes, liquid wastes, and
untreated effluents to any groundwater or surface water or to be discharged
onto land. Alternatives 1 through 5 do not propose any changes to the
Shoreline Master Program.
• Development and performance standards in Chapters 18.15, 18.20 and 18.30
JCC, including JCC 18.30.070, which requires compliance with the
Department of Ecology’s Stormwater Management Manual for Western
Washington and JCC 18.30.060(1)(a), which requires all grading and clearing
activities to be conducted so as to minimize potential adverse effects of these
activities on forested lands, surface water quality and quantity, groundwater
recharge, and fish and wildlife habitat, adjacent properties, and downstream
drainage channels.
• 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use
criteria in JCC 18.15.045 (Exhibit 2).
• Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for
future CSF projects in forest resource lands.
• Substantive standards and best management practices required by the proposal
that would mitigate these types of impacts.
• SEPA, which requires analysis of these impacts at the project level.
For future CSF projects subject to the conditional use approval criteria, Jefferson
County Code 18.40.530(1)(i) requires: “The conditional use will not cause significant
adverse impacts on the human or natural environments that cannot be mitigated
through conditions of approval.”
For future CSF projects subject to the discretionary use approval criteria, Jefferson
County Code 18.15.045(2)(a) requires that the project: “Will not result in impacts on
the human or natural environments determined by the administrator to require review
as a conditional use.”
February 21, 2020 Staff Report
18
If an alternative is selected which allows outdoor CSF, there is a possibility of lead
discharge through stormwater runoff into surface waters (if the proposal is close
enough to surface waters) or ingestion by animals or humans. However, a future
project applicant is required to comply with USEPA Region 2 Best Management
Practices for Lead at Outdoor Shooting Ranges (Exhibit 9). The BMPs require that
the CSF control and contain the lead, that they prevent migration, that they remove
and recycle the lead, and that they document activities and keep records. See Exhibit
9, USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting
Ranges. Range workers may be exposed to lead dust while performing routine
maintenance or by direct contact with lead. Id. However “[t]he relative risk of lead
exposure to people in a well-managed facility is low.” Id. Lead exposure and
environmental contamination at outdoor shooting ranges will be mitigated through
BMPs. This BMP states “[t]he relative risk of lead exposure to people in a well-
managed facility is low.”
Figure 3-1, above, describes the lead management BMPs for outdoor shooting ranges.
The proposal requires compliance with these BMPs. These BMPs should reduce lead
exposure to human, animals, stormwater runoff, and groundwater to levels which will
not have an adverse impact on the environment. See Exhibit 9.
Lead exposure and environmental contamination for indoor CSFs will be mitigated
through BMPs. The National Institute for Occupational Safety and Health (NIOSH)
in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and
Noise at Indoor Firing Ranges issued BMPs for lead exposure at indoor CSFs.
These BMPs require several lead mitigation actions, such as providing information
and training on lead exposure, establishing effective engineering and administrative
controls, and recommends that protective covering is worn (e.g., full outer clothing,
February 21, 2020 Staff Report
19
respirators, and eye protection). The BMPs require well-designed heating,
ventilation, and air condition (HVAC) controls. See Exhibit 10.
Checklist, Section D, 80-81.
• The proposal requires operations BMPs for lead at outdoor CSFs as recommended by
USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor
Shooting Ranges, as it exists now or later is amended. Checklist, 14.
• The proposal requires a safety and environmental health plan for operations at a CSF.
Checklist, 14.
• The proposal requires operations BMPs for the collection and disposal of bullets,
cartridges, and shotgun wadding. Checklist, 14.
• If an alternative is selected which allows outdoor CSF, there is a possibility of lead
discharge through stormwater runoff into surface waters (if the proposal is close enough to
surface waters) or ingestion by animals or humans. However, a future project applicant is
required to comply with USEPA Region 2 Best Management Practices for Lead at Outdoor
Shooting Ranges (Exhibit 9). The BMPs require that the CSF control and contain the lead,
that they prevent migration, that they remove and recycle the lead, and that they document
activities and keep records. Checklist, Section D, 81. See also Checklist, 23; 24; 27; 32;
33; 34; 41; 43; 45.
• For future outdoor CSF projects subject to the conditional use approval criteria, including
JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate
infrastructure including roads, fire protection, water, wastewater disposal, and stormwater
control.” (Emphasis added.) Checklist, 5; 24; 25; 30; 31; 32; 34; 40; 44.
• Toxic or hazardous chemicals that might be stored, used, or produced during a project's
development or construction, or at any time during the operating life of the project on a site
will be discussed in a future project-level SEPA checklist. Checklist, 42.
• Proposed measures to reduce or control environmental health hazards on a site will be
discussed in a future project-level SEPA checklist. Checklist, 44.
Concerns about Copper and Other Metal Contamination.
Some commenters expressed concerns about possible copper and other metal contamination in of
some of the alternatives. copper and other metal contamination concerns were identified and
addressed in the Checklist:
• The proposal requires operations BMPs for lead at outdoor CSFs as recommended by
USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor
Shooting Ranges, as it exists now or later is amended. Checklist, 14. These BMPs also will
work to provide protection from copper and other metals contamination because any
February 21, 2020 Staff Report
20
copper and other metal contamination involves the same sources, pathways and receptors
as lead.
• The Checklist states: “For future outdoor CSF projects subject to the conditional use
approval criteria, including JCC 18.40.530(1)(b) that requires: ‘The conditional use will be
served by adequate infrastructure including roads, fire protection, water, wastewater
disposal, and stormwater control.’” Checklist, 5; 24; 25; 30; 31; 32; 34; 40; 44 (emphasis
added).
• The proposal requires operations BMPs for the collection and disposal of bullets,
cartridges, and shotgun wadding. Checklist, 14; Exhibit 5.
• The proposal requires an operations plan for compliance with requirements under existing
law for the handling and closure of facilities for storage or use of the hazardous substance
or hazardous waste other than lead. Checklist, 14; Exhibit 5 (emphasis added).
• The proposal requires an operations plan for financial assurance consistent with existing
law for addressing any remediation of hazardous substances or hazardous waste, other than
lead resulting from operations at a CSF. Checklist, 14; Exhibit 5.
• The Checklist states:
For future outdoor CSF projects subject to the small-scale recreation or tourist approval
criteria, JCC 18.20.350(3)(j) The proposal requires that the applicant demonstrate to the
satisfaction of the approving authority that: “For any small-scale recreation or tourist use,
the county shall impose such reasonable conditions (e.g., location and size restrictions,
design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving
authority to ensure that the activity or use, due to proximity, location or intensity: … (iv)
Adequately protects critical areas including surface and groundwater resources …”
(Emphasis added.) JCC 18.20.350(3)(a)(v) The proposal requires that the applicant
demonstrate to the satisfaction of the approving authority that: “If the preceding conditions
(in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving
authority, the use shall be denied.”
Checklist, 23; 24; 25; 26; 27; 28; 29; 30; 32; 33; 34; 41; 43.
• Toxic or hazardous chemicals that might be stored, used, or produced during a project's
development or construction, or at any time during the operating life of the project on a
site will be discussed in a future project-level SEPA checklist. Checklist, 42.
• Proposed measures to reduce or control environmental health hazards on a site will be
discussed in a future project-level SEPA checklist. Checklist, 44 (emphasis added).
Concerns about the Natural Environment, Animals, Fish, Shellfish and Wildlife.
Some commenters expressed concerns about the potential impacts on the natural environment,
animals, fish, shellfish and wildlife in of some of the alternatives. Concerns about the potential
February 21, 2020 Staff Report
21
impacts on the natural environment, animals, fish, shellfish and wildlife were identified and
addressed in the Checklist:
• The Checklist states: “CSFs may affect plants. However, any affects will be mitigated
because each new CSF project proposal must comply with all applicable laws and
regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article
X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson
County Code is attached as Exhibit 11.” Checklist, Section D, 83-84.
• The Checklist states:
CSFs may affect animals. First, stray bullets from a CSF could endanger animals. Second,
USEPA Region 2 Best Management Practices for Lead at Outdoor Shooting Ranges states
“[d]etrimental effects due to elevated lead levels can also be found in animals. Excessive
exposure to lead, primarily from ingestion, can cause increased mortality rates in cattle,
sheep, and waterfowl. Third, noise from a CSF could affect animals. However, any effects
will be mitigated by the proposal because each new CSF project proposal must comply
with all applicable laws and regulations, including SEPA and its implementing regulations,
and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections
afforded in the Jefferson County Code is attached as Exhibit 11.
Checklist, Section D, 84.
• The Checklist states: “CSFs may affect fish. However, any effects will be mitigated by the
proposal because each new CSF project proposal must comply with all applicable laws and
regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article
X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson
County Code is attached as Exhibit 11.” Checklist, Section D, 85-86.
• The Checklist states: “CSFs may affect marine life. However, any effects will be mitigated
by the proposal because each new CSF project proposal must comply with all applicable
laws and regulations, including SEPA and its implementing regulations, and Chapter
18.40, Article X JCC (SEPA Implementation). A summary of the protections afforded in
the Jefferson County Code is attached as Exhibit 11.” Checklist, Section D, 86.
• The Checklist states: “CSFs may deplete natural resources. However, any effects will be
mitigated by the proposal because under each of the alternatives listed in the Brief and
Complete Discussion in response to Question A.11, above, including the no-action
alternative, each new CSF project proposal must comply with all applicable laws and
regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article
X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson
County Code is attached as Exhibit 11.” Checklist, Section D, 87-88.
• The Checklist states: “CSFs may use or affect environmentally sensitive areas. However,
any effects will be mitigated by the proposal because the proposal would limit use or effect
on environmentally sensitive areas because, under each of the alternatives listed in the Brief
and Complete Discussion in response to Question A.11, above, including the no-action
February 21, 2020 Staff Report
22
alternative, each new CSF project proposal must comply with all applicable laws and
regulations, including SEPA and its implementing regulations, and Chapter 18.40, Article
X JCC (SEPA Implementation). A summary of the protections afforded in the Jefferson
County Code is attached as Exhibit 11.” Checklist, Section D, 88-89.
• The Checklist states: “CSFs may affect areas designated (or eligible or under study) for
governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or
endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime
farmlands. However, any effects will be mitigated by the proposal because under each new
CSF project proposal must comply with all applicable laws and regulations, including
SEPA and its implementing regulations, and Chapter 18.40, Article X JCC (SEPA
Implementation). A summary of the protections afforded in the Jefferson County Code is
attached as Exhibit 11.” Checklist, Section D, 89-90.
• The Checklist states: “CSFs may affect land use, including not allowing or encouraging
land uses incompatible with existing plans and land use. However, any effects will be
mitigated by the proposal because each new CSF project proposal must comply with all
applicable laws and regulations, including SEPA and its implementing regulations, and
Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the protections
afforded in the Jefferson County Code is attached as Exhibit 11.” Checklist, Section D, 90-
91.
• The Checklist states: “CSFs may affect shoreline use, including not allowing or
encouraging shoreline uses incompatible with existing shoreline environmental
designations. However, any effects will be mitigated by the proposal because under each
of the alternatives listed in the Brief and Complete Discussion in response to Question
A.11, above, including the no-action alternative, each new CSF project proposal must
comply with all applicable laws and regulations, including SEPA and its implementing
regulations, and Chapter 18.40, Article X JCC (SEPA Implementation). A summary of the
protections afforded in the Jefferson County Code is attached as Exhibit 11.” Checklist,
Section D, 91-92.
• The Checklist states: “For future CSF projects subject to the discretionary use approval
criteria, JCC 18.15.045(2)(a) requires that the project: ‘Will not result in impacts on the
human or natural environments determined by the administrator to require review as a
conditional use.’” Checklist, Section D, 78; 80; 81; 82; 84; 85; 86; 88; 89; 90; 91; 92; 93;
94; 95 and Exhibit 2.
• The Checklist states: “Limits the zones where a CSF can be located by, among other things,
prohibiting CSFs as part of a home business use, as part of a cottage industry use, or as an
unnamed use.” Checklist, 14.
• The Checklist states: “Protection standards, including drainage and erosion control are
contained in JCC 18.22.160 and 18.22.170 for geologically hazardous areas, JCC
18.25.320 for shorelines, JCC 18.22.270 for fish, wildlife habitat conservation areas, JCC
18.22.330 for wetlands, JCC 18.25.370 for filling and excavation, and JCC 18.30.060
provides for grading and excavation.” Checklist, 18; 20; 23; 24; 25; 32; 34.
February 21, 2020 Staff Report
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• The Checklist states: “Protection standards for filling and excavation are contained in JCC
18.25.370.” Checklist, 18; 25; 32.
• The Checklist states: “Known threatened or endangered species on a site will be discussed
in a future project-level SEPA checklist.” Checklist, 35 (emphasis added).
• The Checklist states: “Birds and other animals which have been observed on or near a site
will be discussed in a future project-level SEPA checklist.” Checklist, 37 (emphasis added).
• The Checklist states: “Migration routes on a site will be discussed in a future project-level
SEPA checklist.” Checklist, 38 (emphasis added).
• The Checklist states: “Measures to preserve or enhance wildlife on a site will be discussed
in a future project-level SEPA checklist.” Checklist, 38 (emphasis added).
• The Checklist states: “Invasive animal species on a site will be discussed in a future
project-level SEPA checklist.” Checklist, 39 (emphasis added).
Concerns about the Protection of Groundwater.
Some commenters expressed concerns about the potential impacts to groundwater in of some of
the alternatives. Concerns about the potential impacts to groundwater were identified and
addressed in the Checklist:
• The proposal requires that all CSFs comply with every applicable provision of the JCC
related to protection of critical areas and shorelines (and buffers for all such areas,
including but not limited to the buffers required in Chapter 18.22 JCC (Critical Areas) and
Chapter 18.25 JCC (Shoreline Master Program). Checklist, 14.
• The Checklist states:
If work on any future project is within 200 feet of waters of the state, either Chapter
18.25 JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas
Ordinance) will provide substantive development standards that control siting and
mitigate impacts. In particular, JCC 18.25.320(2)(d) prohibits discharging solid
wastes, liquid wastes, and untreated effluents to any groundwater or surface water
or to be discharged onto land. In addition, all future project applications must be
evaluated independently under JCC 18.30.070 that the proposal requires
compliance with the Department of Ecology’s Stormwater Management Manual
for Western Washington.
Checklist, 19-20; 22-23; 26; 27; 28; 29.
• The Checklist states: “For future CSF projects subject to the conditional use
approval criteria, JCC 18.40.530(1)(i) requires: ‘The conditional use will not cause
significant adverse impacts on the human or natural environments that cannot be
February 21, 2020 Staff Report
24
mitigated through conditions of approval.’” Checklist, Section D, 78; 82; 84; 85;
86; 87; 88; 89; 90; 91; 92; 93; 94.
• The Checklist states: “For future outdoor CSF projects subject to the conditional
use approval criteria, including JCC 18.40.530(1)(b) that requires: ‘The conditional
use will be served by adequate infrastructure including roads, fire protection, water,
wastewater disposal, and stormwater control.’” (Emphasis added.) Checklist, 5;
24; 25; 30; 31; 32; 34; 40; 44.
• The Checklist states: “For future outdoor CSF projects subject to the small-scale
recreation or tourist approval criteria, JCC 18.20.350(3)(j) The proposal requires
that the applicant demonstrate to the satisfaction of the approving authority that:
‘For any small-scale recreation or tourist use, the county shall impose such
reasonable conditions (e.g., location and size restrictions, design standards,
landscape buffers, setbacks, etc.) as are found necessary by the approving authority
to ensure that the activity or use, due to proximity, location or intensity: … (iv)
Adequately protects critical areas including surface and groundwater resources
…” (Emphasis added.) JCC 18.20.350(3)(a)(v) The proposal requires that the
applicant demonstrate to the satisfaction of the approving authority that: “If the
preceding conditions (in subsection (3)(j) of this section) cannot be met to the
satisfaction of the approving authority, the use shall be denied.” to ensure that the
activity or use, due to proximity, location or intensity: … (iv) Adequately protects
critical areas including surface and groundwater resources …’ (Emphasis added.)
JCC 18.20.350(3)(a)(v) The proposal requires that the applicant demonstrate to the
satisfaction of the approving authority that: ‘If the preceding conditions (in
subsection (3)(j) of this section) cannot be met to the satisfaction of the approving
authority, the use shall be denied.’” Checklist, 23; 24; 25; 26; 27; 28; 29; 30; 32;
33; 34; 41; 43.
• The Checklist states: “If any new CSF proposal is within a 100-year floodplain,
Chapter 15.15 JCC (Flood Protection) will apply.” Checklist, 26.
• The Checklist states: “JCC 18.30.030 provides protection standards for water
supply.” Checklist, 29.
• The Checklist states:
JCC 18.30.040 and 18.30.080 provide protection standards for sewage disposal.
Specifically, Jefferson County Code 18.30.040(1) requires that: “All development
shall be provided with an individual, on-site septic system and drainfield approved
by Jefferson County public health in compliance with Chapter 8.15 JCC unless
Jefferson County public health determines that public sewer is available which
would then require connection to the approved public sewer.”
Checklist, 29; 45.
February 21, 2020 Staff Report
25
Concerns about the Protection of Surface Water.
Some commenters expressed concerns about the potential impacts to surface water in of some of
the alternatives. Concerns about the potential impacts to surface water were identified and
addressed in the Checklist:
• The proposal requires that all CSFs comply with every applicable provision of the JCC
related to protection of critical areas and shorelines (and buffers for all such areas,
including but not limited to the buffers required in Chapter 18.22 JCC (Critical Areas) and
Chapter 18.25 JCC (Shoreline Master Program). Checklist, 14.
• The Checklist states:
If work on any future project is within 200 feet of waters of the state, either Chapter 18.25
JCC (Shoreline Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will
provide substantive development standards that control siting and mitigate impacts. In
particular, JCC 18.25.320(2)(d) prohibits discharging solid wastes, liquid wastes, and
untreated effluents to any groundwater or surface water or to be discharged onto land. In
addition, all future project applications must be evaluated independently under JCC
18.30.070. The proposal requires compliance with the Department of Ecology’s
Stormwater Management Manual for Western Washington.
Checklist, 18; 19-20; 22-23; 26; 27; 28; 29; 30; 31; 33.
• The Checklist states:
For future outdoor CSF projects subject to the small-scale recreation or tourist approval
criteria, JCC 18.20.350(3)(j). The proposal requires that the applicant demonstrate to the
satisfaction of the approving authority that: “For any small-scale recreation or tourist use,
the county shall impose such reasonable conditions (e.g., location and size restrictions,
design standards, landscape buffers, setbacks, etc.) as are found necessary by the approving
authority to ensure that the activity or use, due to proximity, location or intensity: … (iv)
Adequately protects critical areas including surface and groundwater resources …”
(Emphasis added.) JCC 18.20.350(3)(a)(v) The proposal requires that the applicant
demonstrate to the satisfaction of the approving authority that: “If the preceding conditions
(in subsection (3)(j) of this section) cannot be met to the satisfaction of the approving
authority, the use shall be denied.” to ensure that the activity or use, due to proximity,
location or intensity: … (iv) Adequately protects critical areas including surface and
groundwater resources …” (Emphasis added.) JCC 18.20.350(3)(a)(v) The proposal
requires that the applicant demonstrate to the satisfaction of the approving authority that:
“If the preceding conditions (in subsection (3)(j) of this section) cannot be met to the
satisfaction of the approving authority, the use shall be denied.”
Checklist, 23; 24; 25; 26; 27; 28; 29; 30; 32; 33; 34; 41; 43.
• For future outdoor CSF projects subject to the conditional use approval criteria, including
JCC 18.40.530(1)(b) that requires: “The conditional use will be served by adequate
February 21, 2020 Staff Report
26
infrastructure including roads, fire protection, water, wastewater disposal, and stormwater
control.” (Emphasis added.) Checklist, 5; 24; 25; 30; 31; 32; 34; 40; 44.
Concerns about Noise Impacts.
Some commenters expressed concerns about the potential impacts of noise in of some of the
alternatives. Concerns about the potential impacts of noise were identified and addressed in the
Checklist:
• The Checklist states:
Under all the alternatives, CSFs likely would result in the production of noise. A 2011
study by the Centers for Disease Control, observed peak noise levels of 160 dba when
discharging certain types of weapons. Noise and Lead Exposures at an Outdoor Firing
Range – California, Centers for Disease Control and Prevention, National Institute for
Occupational Safety and Health, available at
https://www.cdc.gov/niosh/hhe/reports/pdfs/2011-0069-3140.pdf. Noise impacts at
outdoor CSFs likely will impact human users, nearby animals, and potentially
surrounding properties. Noise impacts at indoor CSFs will impact human users. Noise
impacts to animals and surrounding properties is not expected for indoor CSFs.
However, any impacts will be mitigated because each new CSF project proposal must
comply with all applicable laws and regulations, including SEPA and its
implementing regulations, and Chapter 18.40, Article X JCC (SEPA Implementation).
A summary of the protections afforded in the Jefferson County Code is attached as
Exhibit 11. Specifically, the proposal requires compliance with:
• Development and performance standards in Chapters 18.15, 18.20 and 18.30
JCC, including JCC 18.30.190, which incorporates noise mitigation
requirements in the State Environmental Policy Act, Chapter 43.21C RCW,
related to noise abatement, and provides that noise shall not exceed the
requirements in Chapter 8.70 JCC and Chapter 173-60 WAC, as they exist
now or may be amended in the future.
• 12 CUP approval criteria in JCC 18.40.530 (Exhibit 1) or the discretionary use
criteria in JCC 18.15.045 (Exhibit 2).
• Small-scale recreation or tourist approval criteria, JCC 18.20.350(3)(a)(i) for
future CSF projects in forest resource lands.
• Substantive standards and best management practices required by the proposal
that would mitigate these types of impacts.
• SEPA, which requires analysis of these impacts at the project level.
For future CSF projects subject to the conditional use approval criteria, JCC
18.40.530(1)(i) requires: “The conditional use will not cause significant adverse
impacts on the human or natural environments that cannot be mitigated through
conditions of approval.”
For future CSF projects subject to the discretionary use approval criteria, JCC
18.15.045(2)(a) requires that the project: “Will not result in impacts on the human or
February 21, 2020 Staff Report
27
natural environments determined by the administrator to require review as a
conditional use.”
If an alternative is selected which allows outdoor CSFs, the proposal and alternatives
require BMPs to maximize sound suppression for operations, siting, and design
consistent with Chapter 8.70 JCC (noise control) and the NRA Range Source Book,
including requiring protective ear coverings. Outdoor CSFs will be a conditional use,
which requires compliance with all 12 CUP approval criteria in the Jefferson County
Code. Of importance, the following CUP approval criteria states: “(d) The conditional
use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions
or which unreasonably impact existing uses in the vicinity of the subject parcel.” JCC
18.40.530(1)(d) (emphasis added).
If an alternative is selected which allows indoor CSFs, the indoor CSFs must comply
with BMPs consistent with Chapter 8.70 JCC (noise control), the NRA Range Source
Book, and the National Institute for Occupational Safety and Health (NIOSH) in its
2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at
Indoor Firing Ranges. (Exhibit 10). This BMP suggests several techniques to reduce
the transmission of noise including sealing all physical leaks (electrical outlets, spaces
around doors, etc.), installing acoustical absorptive materials, and requiring users and
workers to wear protective ear coverings. The applicable manuals, in addition to the
requirement that the CSFs maintain rules and regulations should ensure that users and
range workers will use protective ear coverings.
Under Alternatives 1, 2, 3, and 4, some CSFs will require a CUP. The following CUP
approval criteria states “[t]he conditional use will not introduce noise, smoke, dust,
fumes, vibrations, odors, or other conditions or which unreasonably impact existing
uses in the vicinity of the subject parcel”. JCC 18.40.530(1)(d). (Emphasis added).
This CUP criteria requires that the applicant demonstrate by a preponderance of the
evidence that noise impacts will not “unreasonably impact existing uses in the vicinity
of the subject parcel”. This will likely require individual, in-depth noise studies to
demonstrate compliance with this regulation. This analysis will be completed at the
project level. Further, Jefferson County has authority to impose additional conditions
on CUPs to ensure that noise is properly abated when issuing the CUP. Under JCC
18.40.540, the CUP may “[c]ontain restrictions or provisions deemed necessary to
establish parity with uses permitted in the same zone with respect to avoid nuisance
generating features in matters of noise, odors, air pollution, wastes, vibration, traffic,
and physical hazards.” (Emphasis added.) If all 12 of the applicable CUP approval
criteria cannot be met by a preponderance of the evidence, the application must be
denied. Further, individual projects will be subject to SEPA review, including the
substantive SEPA authority under an MDNS, unless the project is exempt from SEPA
review. SEPA review includes analysis of noise impacts.
Future CSF projects in forest resource lands will be subject to the small-scale
recreation or tourist approval criteria. JCC 18.20.350(3)(a)(iii) requires that the
applicant demonstrate to the satisfaction of the approving authority that: “The
February 21, 2020 Staff Report
28
associated commercial activities, in addition to the principal recreational or tourist use,
will not have a measurable detrimental traffic, noise, visual or public safety impact on
adjacent properties.” (Emphasis added.)
Checklist, Section D, 82-83.
• The NRA Range Source Book, which is the basis for required best management practices
at outdoor and indoor commercial shooting facilities also discusses sound abatement on
shooting ranges in Section I Chapter 6. NRA Range Source Book, I-6-3, et seq.
• The Checklist states: “JCC 18.30.190 incorporates noise mitigation requirements in the
State Environmental Policy Act, Chapter 43.21C RCW, related to noise abatement, and
provides that noise shall not exceed the requirements in Chapter 8.70 JCC and Chapter
173-60 WAC, as they exist now or may be amended in the future.” Checklist, 47; 48.
• The Checklist states: “The proposal requires BMPs to maximize sound suppression for
operations consistent with the NRA Range Source Book and Chapter 8.70 JCC (noise
control).” Checklist, Section D, 82. See also Checklist, 14; 46; 47; 48.
• The proposal requires that operations not create a public nuisance. Checklist, 14.
• The Checklist states: “If an alternative is selected which allows outdoor CSF, requires
BMPs to maximize sound suppression for operations consistent with Chapter 8.70 JCC
(noise control) and the NRA Range Source Book. These design requirements and BMPs
require design to reduce noise impacts to users and require protective ear coverings.
Outdoor CSFs will be a conditional use, which requires compliance with all 12 CUP
approval criteria in the Jefferson County Code. Of importance, the following CUP approval
criteria states: “(d) The conditional use will not introduce noise, smoke, dust, fumes,
vibrations, odors, or other conditions or which unreasonably impact existing uses in the
vicinity of the subject parcel”. JCC 18.40.530(1)(d).” Checklist, Section D, 82 (emphasis
added). See also Checklist 46; 47; 48. The applicant will have to prove that their BMPs,
design features, and operational aspects must comply with the 12 CUP approval criteria in
the Jefferson County Code. Checklist, 46; 48.
• The Checklist states: “For future outdoor CSF projects subject to the conditional use
approval criteria, including JCC 18.40.530(1)(d) that requires: ‘The conditional use will
not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which
unreasonably impact existing uses in the vicinity of the subject parcel.’” Checklist, 20;
21; 22 (emphasis added).
• The Checklist states: “For future outdoor CSF projects subject to the small-scale recreation
or tourist approval criteria, JCC 18.20.350(3)(a)(iii) requires that the applicant demonstrate
to the satisfaction of the approving authority that: “The associated commercial activities,
in addition to the principal recreational or tourist use, will not have a measurable
detrimental traffic, noise, visual or public safety impact on adjacent properties.” Checklist,
Section D, 83 (emphasis in original). See also, Checklist 46; 48; 59; 60.
February 21, 2020 Staff Report
29
• The Checklist states: “Noise in the area of a project will be discussed in a future project-
level SEPA checklist.” Checklist, 45 (emphasis added).
• The Checklist states: “Further, noise will be evaluated under individual SEPA
Environmental Checklists (unless the project is exempt).” Checklist, 46; 47; 48 (emphasis
added).
• The Checklist states: “Levels of noise that would be created by or associated with a project
on a short-term or a long-term basis on a site will be discussed in a future project-level
SEPA checklist.” Checklist, 46 (emphasis added).
• The Checklist states: “Proposed measures to reduce or control noise impacts a project on a
short-term or a long-term basis on a site will be discussed in a future project-level SEPA
checklist.” Checklist, 47 (emphasis added).
Concerns about the Protection of Forest Resource Lands.
Some commenters expressed concerns about the potential impacts to forest resource lands in some
of the alternatives. Concerns about the potential impacts of noise were identified and addressed in
the Checklist:
The Checklist states:
If an alternative is selected which allows outdoor and/or indoor CSFs in forest resource lands,
this non-forest use may result in a use which reduces forest resource lands as the portion of
the land dedicated to ranges and/or supporting structures will likely not be capable of
harvesting trees. Below is a summary of the zoning of forest resource lands in Jefferson
County.
Zoned Land in Jefferson County Acres Percentage
of Total
Percentage of
Forest
Resource
Lands
Reference
Total Zoned Land 430,110 100.00% - 2018 Comp Plan, 1-
17
Forest Resource Lands (IF-20, RF-40,
and CF-80) 328,785 76.44% 100.00% 2018 Comp Plan, 1-
17
Forest Resource Lands IF-20 Only 7,250 1.69% 100.00% 2018 Comp Plan, 2-
12
Forest Resource Lands CF-80 Only 309,493 71.96% 100.00% 2018 Comp Plan, 2-
12
February 21, 2020 Staff Report
30
Zoned Land in Jefferson County Acres Percentage
of Total
Percentage of
Forest
Resource
Lands
Reference
Forest Resource Lands RF-40 Only 12,204 2.84% 100.00% 2018 Comp Plan, 2-
12
• As discussed above, Alternatives 1, 2 and 4 (sic) permit CSFs with a CUP in forest resource
lands. Under all of these alternatives, a quota would apply to all new indoor and outdoor CSFs
in forest resource lands. The quota would limit CSFs to 0.05 percent of all forest lands. This
amounts to approximately 150 acres. Jefferson County has approximately 328,785 acres of
forest resource lands. This quota, in addition to the Small-Scale Recreation or Tourist Uses
standards ensure the longevity of Jefferson County forest resource lands. Further, the Small-
Scale Recreation or Tourist Uses standards are designed to ensure that uses can co-exist with
the useful production of forest resource lands. Under Alternatives 1-5, all new CSF proposals
would likely be treated as a conditional use in forest resource lands.
• Under Alternatives 1 through 4 (but not the no-action alternative), loopholes in Title 18
relating to the siting of indoor and outdoor CSFs are closed. Without this legislation, there
is an argument that CSFs may be permitted as an allowed use, CUP, or not permitted under
the unnamed use loophole, which may allow CSFs in forest resource lands.
Checklist, Section D, 88.
Concerns about Cleanup Costs.
Some comments claim that the proposal fails to protect the citizens of Washington from paying
millions of dollars to clean up toxic lead and copper contamination when outdoor shooting ranges
close. We disagree.
A cleanup of environmental contamination will never happen if contamination is prevented. As
described above, the proposal is focused on preventing environmental contamination. Current
Jefferson County regulations of shooting facilities has no requirement for the minimum standards,
environmental best management practices and other protections contained in the proposal. For
example, all outdoor CSFs must have best management practices consistent with USEPA Region
2 in USEPA 2005.
Central to the law of environmental cleanup is that the “polluter pays.” Existing state and federal
law embrace this concept in modern environmental laws like Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund,6 the
Resource Conservation and Recovery Act (RCRA),7 and Model Toxics Control Act (MTCA),8
Washington's environmental cleanup law, and their implementing regulations. The proposal makes
6 42 U.S.C. § 9601 et seq.
7 42 U.S.C. § 6901 et seq.
8 Chapter 70.105D RCW.
February 21, 2020 Staff Report
31
clear that it includes compliance with “all applicable laws and regulations.” Checklist, Section D,
83-84. That includes environmental laws and regulations that require environmental remediation,
including remediation of all the chemicals listed in the comments.
At least one commenter referenced remediation of contamination at former shooting ranges near
Discovery Bay as an example of the cleanup concern. But the cleanup of the shooting ranges near
Discovery Bay is being undertaken by the former operator and owner, as directed by the
Department of Ecology under MCTA.
The comments also ignore the improvement to local environmental regulation of CSFs that
adopting Alternatives 1, 2, 4 and 5 would add, while complying with the Growth Management Act
and statutory and constitutional limitations which must be followed for development regulations,
as required in WAC 365-196-725(1), a Growth Management Act regulation that states:
“Comprehensive plans and development regulations adopted under the act are subject to the
supremacy principle of Article VI, United States Constitution and of Article XI, Section 11,
Washington state Constitution.”
Additional Protections Required at the Project Level.
In addition to the protections discussed above for this non-project proposal, more protection will
be required at the project level. Consistent with SEPA project-level consequences and required
studies are addressed at the project level, not in a non-project proposal. WAC 197-11-060
authorizes phased review:
Environmental review may be phased. If used, phased review assists agencies and
the public to focus on issues that are ready for decision and exclude from
consideration issues already decided or not yet ready. Broader environmental
documents may be followed by narrower documents, for example, that incorporate
prior general discussion by reference and concentrate solely on the issues specific
to that phase of the proposal.
WAC 197-11-06(5)(b). “Phased review is appropriate when: The sequence is from a nonproject
document to a document of narrower scope such as a site specific analysis (see, for example,
WAC 197-11-443).” WAC 197-11-06(5)(b)(i) (emphasis added).
The proposal is a non-project proposal, but some of the focus of comments was on project-level
issues. However, WAC 197-11-060 requires that “Lead agencies shall determine the appropriate
scope and level of detail of environmental review to coincide with meaningful points in their
planning and decision-making processes. (See WAC 197-11-055 on timing of environmental
review.)” WAC 197-11-060(5)(a). The Checklist specifically calls out additional SEPA work
necessary at the project level, including:
• The Checklist states: “Known threatened or endangered species on a site will be discussed
in a future project-level SEPA checklist.” Checklist, 35 (emphasis added).
• The Checklist states: “Birds and other animals which have been observed on or near a site
will be discussed in a future project-level SEPA checklist.” Checklist, 37 (emphasis added).
February 21, 2020 Staff Report
32
• The Checklist states: “Migration routes on a site will be discussed in a future project-level
SEPA checklist.” Checklist, 38 (emphasis added).
• The Checklist states: “Measures to preserve or enhance wildlife on a site will be discussed
in a future project-level SEPA checklist.” Checklist, 38 (emphasis added).
• The Checklist states: “Invasive animal species on a site will be discussed in a future
project-level SEPA checklist.” Checklist, 39 (emphasis added).
• The Checklist states: “Environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste on a site will be discussed
in a future project-level SEPA checklist.” Checklist, 40 (emphasis added).
• The Checklist states: “Toxic or hazardous chemicals that might be stored, used, or
produced during a project's development or construction, or at any time during the
operating life of the project on a site will be discussed in a future project-level SEPA
checklist.” Checklist, 42 (emphasis added).
• The Checklist states: “Proposed measures to reduce or control environmental health
hazards on a site will be discussed in a future project-level SEPA checklist.” Checklist,
44 (emphasis added).
• The Checklist states: “Noise in the area of a project will be discussed in a future project-
level SEPA checklist.” Checklist, 45 (emphasis added).
• The Checklist states: “Further, noise will be evaluated under individual SEPA
Environmental Checklists (unless the project is exempt).” Checklist, 46; 47; 48 (emphasis
added).
• The Checklist states: “Levels of noise that would be created by or associated with a project
on a short-term or a long-term basis on a site will be discussed in a future project-level
SEPA checklist.” Checklist, 46 (emphasis added).
• The Checklist states: “Proposed measures to reduce or control noise impacts a project on a
short-term or a long-term basis on a site will be discussed in a future project-level SEPA
checklist.” Checklist, 47 (emphasis added).
4 REVISED ORDINANCES
At the Board of County Commissioner’s deliberations on February 18, 2020, staff was directed to
prepare line in/line out draft ordinances based on the comments from the Board. The revised
ordinances requested by the Board are attached as Exhibit 2 and Exhibit 3, along with a revised
land use table attached as Exhibit 4.
5 SEPA COMPLIANCE FOR THE DRAFT ORDINANCES
On February 20, 2020, the County’s SEPA responsible official determined in a memorandum to
retain the January 13, 2020 SEPA DNS based on the January 6, 2020 SEPA checklist that
February 21, 2020 Staff Report
33
considered 5 alternatives, in addition to a no action alternative. The memorandum was sent to the
Department of Ecology’s SEPA Registry, was placed in the project file and was published on the
County’s web site.
5. CONCLUSION
Staff recommends that the Board of County Commissioners further deliberate on the draft
ordinances attached as Exhibit 2 and Exhibit 3 and the revised land use table attached as Exhibit
4.
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Alex Sidles, Counsel
for Tarboo Ridge
Coalition
2/10/2020 &
2/11/2020
X X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) Recommends amendment of Alternative 4 to regulate non-commercial shooting facilities. (3) Provides a legal
analysis on the "Constitutionality of Regulating Non-Commercial Shooting Facilities.
Amanda Kingsley 2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission's recommendation (Alterative 4).(2) [P]lease do not let your decision be swayed by threats of lawsuits from bullies.
Carl Youngmann 2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission's recommendation (Alterative 4). (2) Eco-systems are best maintained when they are not broken up. Plant and animal communities in the forest and
range land function better when they are not disrupted by commercial and industrial developments. Activities that break up the movement of animals within their habitats and isolate plants
from symbiotic communities weaken the health of these systems over time. It is important to maintain as much of the natural rural environment as possible as a transition zone between the
settled portion of the county to the forest preserves in the Olympic National Forest and Park. (3) Alternative Number Five is exactly the type of land use intrusion into the rural environment
that leads to habitat disruption and the decline of forest health.
Carol Gallup 2/10/2020 X X B Supports Planning Commission recommendation (Alternative 4).
Catherine Matson
Perry
2/10/2020 &
2/11/2020
X X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) Recommends amendment of Alternative 4 to regulate non-commercial shooting facilities. (3) Provides a legal
analysis on the "Constitutionality of Regulating Non-Commercial Shooting Facilities.
Charlotte Wells 2/11/2020 X X B
Diane Johnson 2/10/2020 X X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities. (3)
Supports Janet Welch's testimony about increasing the amount of commercial/industrial space instead of putting indoor CSFs in forest lands.
George Yount 2/7/2020 &
2/10/2020
X X X B (1) Supports Planning Commission recommendation (Alternative 4), (2) Suggests putting an indoor CSF at the airport.
Janet Welch 2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) The solution is not to allow indoor CSFs on forest lands, but to increase the zoning for commercial and industrial
zones. Suggests changes to Alternative 4: (3) Make specific edits listed in the comments. (4) Add size limits to structures of 50,000 cumulative square feet. (3) The hearing yesterday
caused me to go back to the Title 18 definition of 'commercial shooting facilities'. Obviously I do not agree with what I believe was the argument from TRC to eliminate the term, however in
looking at it I realized that the Planning Commission (probably erroneously) added the word 'and' between the two exceptions to the term. It needs to be removed. (5) Does not believe
Indoor CSFs are small scale recreational or tourist uses.
Jean Ball 1/29/2020,
2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) According to our own Michelle Farfan's apt analysis of commercial and industrially zoned land in Jefferson County,
we have over 1000 acres appropriately zoned for this type of activity. (3) Coupled with the fact that public water on commercial and industrial zones is ample, water rights on rural parcels are
exceptionally scarce. (4) Allowing development of inholding forests for the conversion into commercial use is incompatible with the Comp Plan.
Jim Todd 2/10/2020 X X B Supports Planning Commission recommendation (Alternative 4).
John Austin 2/10/2020 X B
John Quinn 2/10/2020 X X B Supports Planning Commission recommendation (Alternative 4),
Judith Alexander 2/10/2020 &
2/11/2020
X X B Tarboo Lake proposal brtings school shooting to the County.
Kathleen Waldron 2/10/2020 X X B (1) Supports Planning Commission's recommendation (Alterative 4). (2) Concerned about Alternative 5 and the potential impact to wildlife.
Mark Jochems 2/9/2020 &
2/10/2020
X B The County should drop its appeal of the Growth Board decision. TRC should not have to spend resources defending the decision.
Pamela Roberts 2/10/2020 X B Presents petition with over 400 signatures in favor of a petition to "Require all new shooting ranges in Jefferson County, Washington to be built indoors." Presents a copy of "This Range is
Hot" article.
Patricia Jones,
Olympic Forest
Coalition
2/10/2020 X X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities. (3)
References an Oregon State University article that says PNW forests are the most important in the United States for mitigating climate change effects.
Presented Oral Testimony and/or Written Comments
1 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Peter Newland 2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission recommendation (Alternative 4) (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities. If the
County does not agree, we will be back at the Growth Management Hearings Board. (3) [Regaring the February 7, 2020 County staff report] There is no showing in the analysis that other
zoning classifications are needed to accommodate the demand or, if indeed additional sites were required, that it would be logical to select Jefferson County's forests. Further, there is no
explanation of how the County calculated 150 acres as the supposed additional need. There is also no explanation of why the proof of concept sketches focused on inholding forests. The
Alternative 5 recommendation defies logic and common sense. The public is thus left to search for other possible reasons for the recommendation. As we all know and the County has
thoroughly documented, Fort Discovery has commenced, without SEPA review or land use permits, building a commercial shooting facility. Fort Discovery owns inholding forestry designated
land. As we have made clear numerous times over the past 25 months, the private meetings between County staff and Fort Discovery raise concerns of fairness and place a stain on the
effort to create sensible legislation.
Philip Vogelzang 2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) "Please stop listening to your attorney, Philip Hunsucker. He has provided you with bad legal advice, which has
turned this into a deeply flawed process. Step back and look at the breathtaking turn of events that have occurred around this gun range issue and how the public has been whipsawed, all in
response to a potential litigant and fueled by Mr. Hunsuckers unseemly fear of being sued. ... Listen to the public who elected you! You make the decisions, not him! The citizens of
Jefferson County are overwhelmingly opposed to open-air commercial gun ranges. Land use issues are by their nature litigious. Trying to legislate from a position of fear and intimidation
leads to chaos. Tell Mr. Hunsucker to stand down and get out of the way."
Riley Parker 2/10/2020 &
2/11/2020
X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) I am writing to ask that you do not expand the zoning for Shooting Facilities to include any forest resource lands.
There is strong public opposition to these lands being used for Shooting Facilities plus the fact it is clearly against the Comprehensive Plan for Jefferson County. (3) Allowing Shooting
Facilities in our forest resource lands will lead to another lawsuit before the Western Washington Growth Management Hearing Board. Please accept the Jefferson County Planning
Commissioners recommendations, with a few minor modifications which the Tarboo Ridge suggested yesterday, so that we can all put this ordinance behind us.
Scott Freeman 2/10/2020 X X B Supports Planning Commission recommendation (Alternative 4).
Stephen Cherry 2/10/2020 X B (1) This effort is to stop Joe D'Amico. (2) This effort is about ideology--imposing beliefs on other people. (3) When I showed my wife the proposals outlined in this newspaper article, after
about 20 seconds she asked: "don't they know you can't shoot guns and rifles indoors? I answered, "Oh they know. They just don't care."
Steve Rankin 2/10/2020 &
2/11/2020
B (1) New definition (26) in the Title 8 ordinances violates state law and will impact law enforcement training. (2) Firearms that law makers like to call "weapons of war," the same firearms this
County arms its law enforcement officers with. The bill provides a narrow exception that existing owners may use those firearms but only at licensed ranges such as JCSA. However, this
ordinance would outlaw the use of firearms that are in common use and extremely popular at JCSA - even though their use at JCSA would to be legal under state law. This would result in
substantial injury to JCSA and its membership, a likely breach of JCSA's license agreement with the County, and a conflict with impending state law, leading to legal challenges regarding
Washington's preemption laws. Additionally, this clause is assured to have other unintended consequences that will impact both the citizens and law enforcement officials of Jefferson
County. I recommend that you remove the clause (26) and leave the issue of which firearms may or may not be used at ranges in Jefferson County to state and federal law makers, and
experienced safety officials such as myself. (3) I was sorely disappointed with the deliberations of the Planning Commission. ... I witnessed frequent comments and unrealistic scenarios by
the more vocal members to swarms of helicopters, machine guns (unlawful in Washington state), and infantry brigade training (a brigade is over 3,000 troops!), leading to recommendations
of a 7 db sound limit (the sound of a pin drop) and mandatory indoor ranges. What was not present during their deliberations was any discussion of the practicality, legality or financial
feasibility of any of their ideas. ... Particularly bothersome was the all too cozy relationship between one particular member of the Planning Commission and the representative of the TRC
during the meetings, when she frequently conferred with the TRC representative for input. (4) Mandating indoor ranges exclusively effectively prohibits all of the popular shotgun sports such
as trap and skeet, as well as most rifle shooting. Zeroing a rifle at 100 yards for the hunting season simply is not possible in an indoor range. (5) Regarding public health; another
compromise. Indoor shooting ranges are quiet on the outside, however they are incredibly noisy on the inside as all of the percussion noise is trapped and reflected inside the range area of
the building. It's also a fallacy to think that lead and copper are magically trapped, filtered and disposed of in an indoor range. (6) [A] commercial indoor range will not be suitable for law
enforcement training or periodic qualifications. (5) I also noticed the thinly veiled attempt by the TRC to make the entire county a no-shoot zone by changing the wording of the ordinance to
apply to non-commercial ranges as well as commercial ranges.
Susan Freeman 2/10/2020 &
2112020
X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) I don't understand in the Ordinance #5, the need for the 150 acres of inholding forest land that would be available for
indoor ranges. Is this to make more land available besides commercial/industrial areas? If so, it would make more sense to add land near the commercial zones because there is already
structures set up to accommodate additional traffic/power/emergency access/septic etc. It would make sense to add a complex to an area that already has commercial use. It doesn't make
sense to break up our forest land with a big indoor range because of the environmental effect on the forest ( or what about a marijuana complex in inholding forests etc?)
Teri Hein 2/10/2020 &
2/11/2020
X X X B (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities.
Aaron Dorr 2/10/2020 X T Against outdoor ranges.
C.J. Rankin 2/10/2020 X T The indoor only proposal will only force rifle and shotgun shooters to the forest, which is less safe.
2 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Cynthia Koan 2/10/2020 X X T (1) Supports Planning Commission's recommendation (Alterative 4).(2) Comp Plan is very clear that rural forest land should be preserved. (3) Agree with Janet Welch that if there is not
currently enough commercial/industrial land for indoor CSFs, the County should change zoning to get more before allowing indoor CSF's in forest land. (4) The County should use the
standard of what is good for the County to decide which alternative to pick.
Donald Mazzola 2/10/2020 X T Previously lived in Montana. There was a gun range on the fair grounds, but there never was an issue with noise in town nearby because the range was indoor.
Eric Pratt 2/10/2020 X X T Supports the existing gun range ordinance.
Jason Victor
Servinus
2/10/2020 T (1) Does audio for a living and disagrees with JCSA's claim that it has about 60db limits of its gunfire. (2) Shooting on private property is allowed now and should be allowed to continue.
John Ebner 2/10/2020 X T Outdoor shooting ranges are not the threat to wildlife that people think. At JCSA we have to stop shooting to let deer pass and eagles nest nearby.
John Minor 2/10/2020 X T (1) Against indoor only proposal from the Planning Commission. (2) Hard to shoot trap indoors--you need a really big building. (3) Indoor costs a lot to build.
Lorna Smith 2/10/2020 X X T (1) Supports Planning Commission's recommendation (Alterative 4). (2) Cannot imagine a large indoor shooting facility in forest lands.
Marjorie Bell 2/10/2020 X X X T (1) Agrees with TRC. (2) Can use rifles at an indoor range--that's were she learned to shoot a rifle.
Rowan Sharp 2/10/2020 X X T Supports Planning Commission's recommendation (Alterative 4).
Sharon Saint Don 2/10/2020 T Concerned about gun violence. Guns are not going away.
Sonia Saxon 2/10/2020 X X T Supports Planning Commission's recommendation (Alterative 4).
Tim Green 2/10/2020 X T (1) Against TRC's proposed regulation of non-commercial shooting facilities: What is my backstop on my property? Alarmed by TRC's proposal. (2) Cannot shoot rifles at an indoor facility.
William Thorness 2/10/2020 X X T Supports Planning Commission's recommendation (Alterative 4).
280 Hidden Trails,
Port Townsend
(Name illegible)
2/10/2020 W Lives about .75 miles from the current shooting range. "It is quite loud. If you live or go in the area, it will affect you. No need for this!"
Al Latham 2/10/2020 X X W
Allan & Mary Kollar 2/11/2020 X X W
Allan Tarvid 2/11/2020 X X W If an alternative ordinance must be selected, please choose Alternative 1.
Amanda Webby 2/11/2020 X X W (1) Supports Planning Commission's recommendation (Alterative 4). (2) It is upsetting and ironic that I have lost business when a new client comes to tour our quiet kennel and hears
gunshots. After wowing them with how dreamy the dogs behavior is, gunshots have started up and dogs begin to bark and flinch in response. "My dog is terrified of gunshot. I'll have to bring
her somewhere else." was the most recent response.
Andrea Lawson 2/11/2020 W (1) all new gun ranges be limited to non-commercial, non-aerial and non-military/ para-military usage. We have adequate amounts of land allocated to military purposes. (2) in order to
control pollution (sound, light and heavy metals) and debris, relatively easily and cost effectively (less of a burden on tax base for clean-ups, etc.), all new shooting facilities should be
situated in purpose designed and built indoor structures. clean up and county infrastructure maintenance costs should be born by the developer not the tax payer. (3) It would be
unconscionable for our County to allow new shooting facilities to be built in neighborhoods or rural areas which have not previously been available to the noise, environmental impact and
intense activity (including traffic and road maintenance) that would accompany new shooting facilities. (3) no bomb, mortar, missile, air craft or drone type activity should be allowed as part
of any shooting range regulations.
Andrew Lewis 2/2/2020 X X W (1) Ordinance likely to limit future business growth and tourism in Jefferson County; (2) Cannot locate andy data supporting the conclusion that outdoor shooting ranges harm the
environment more than any other business with a similar footprint; (3) A large building likely to have a greater impact on the environment with a bigger carbon footprint; (4) Ordinance likely
to have disproportionate impact on lower socioeconomic status families--likely to have a greater impact on the working poor; (5) Makes access to firearm-related activities more difficult; (6)
Reduces access to locations to train learn and teach.
Anna Moore 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Anna Mulligan 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Annette Huenke 2/11/2020 X X W
Becky Berryhill 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Presented Written Testimony Only
3 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Brett M. Nunn 2/10/2020 X X X (1) Indoor ranges are a great for people living in dense urban areas where they have no other options when it comes to practice safe handling of handguns. They do not work for the longer
ranges needed for rifle practice or for shooting clay pigeons with shotguns, or for many of the larger group training classes for pistol, rifle and shotgun. (2) The idea of limiting new shooting
ranges to commercial and industrial zoned property in this county is tantamount to a ban. Anyone who has spent time in Jefferson County trying to find properly zoned real estate for opening
or operating any kind of a business can tell you there is little to nothing available at a reasonable price and, if you can find something, the cost of installing a building and infrastructure is
often prohibitive and even though the county is working hard to improve, the permitting process can take months to years. (3) The political demographics of Port Townsend just about
guarantee that any volunteer
committee that associated with the county will unanimously pass policy that restricts the use of firearms.
Betsy Coddington 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Betty Wynstra 2/11/2020 X X W (1) Supports Alternative 1 (the 2018 legislation). (2) I do have several concerns with the possible decision to only allow indoor ranges. Most indoor ranges are about 25 yd for shooting
distances. That's fine for those who shoot pistol and don't need or want to move. This yardage for rifles is a good starting point. But what about the long-range shooters and hunters? They
need to practice at further distances. (3) And what about the shot gun shooters? Indoors .... That's pretty funny. So where are they going to practice? Yup out in the woods. (4) If you think
that an indoor range will deter people from shooting in the woods -you are sadly mistaken. That will increase. And again, I ask, who would be responsible for the clean up of trash and lead
from those shooters? That is more damaging to the environment than a range like JCSA (or the one being built in Tarboo) who has to follow local state and federal regulations in regard to
lead and other safety issues.
Bob Podrat 2/11/2020 W As a citizen of Jefferson County, I highly endorse that gun ranges be permitted only within commercial and industrial zones.
Brenda Bole 2/11/2020 X X W
Brett M. Nunn 2/10/2020 X X X W (1) Indoor ranges are a great for people living in dense urban areas where they have no other options when it comes to practice safe handling of handguns. They do not work for the longer
ranges needed for rifle practice or for shooting clay pigeons with shotguns, or for many of the larger group training classes for pistol, rifle and shotgun. (2) The idea of limiting new shooting
ranges to commercial and industrial zoned property in this county is tantamount to a ban. Anyone who has spent time in Jefferson County trying to find properly zoned real estate for opening
or operating any kind of a business can tell you there is little to nothing available at a reasonable price and, if you can find something, the cost of installing a building and infrastructure is
often prohibitive and even though the county is working hard to improve, the permitting process can take months to years. (3) The political demographics of Port Townsend just about
guarantee that any volunteer
committee that associated with the county will unanimously pass policy that restricts the use of firearms.
Brian Young 2/10/2020 X X W
Carl Ogle 2/11/2020 X W Proposals from TRC are ridiculous and unacceptable. The expense to build an indoor range to meet the needs of JCSA is out of site. JCSA has a 100 yd. rifle line with limited availability of
200 and 300 yds. 2 days a week and an area for shooting trap. The obvious is TRC is promoting an agenda so costly and unreasonable it is impossible to achieve there by eliminating the
JSCA range.
Carla Powell 2/11/2020 X X W I do not believe inholding forest should be used for these purposes.
Caroline Maillard 2/9/2020 X X W Supports Planning Commission recommendation (Alternative 4),
Carol Lee Boone 2/11/2020 X X W
Carrie Walker 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Catherine Matson
Perry
2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4).
Cheryl Haverson 2/10/2020 X X X W Supports Planning Commission recommendation (Alternative 4) and supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities.
Chris Schuller 2/11/2020 X X W
Christalena Link 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Christopher Gallup 2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4).
Claude Wootten 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Dale Kelley 2/11/2020 X X W
Daniel Cochran 2/11/2020 X X W
Darrell Jones 2/6/2020 W We don't see the need for or practicality of outdoor
shooting ranges, and with population increases it seems like accidents waiting to happen. There is also the issue of lead contamination. As far as the alternatives that have shooting ranges
indoors only, we don't know enough to favor one over the other.
David Bise 2/5/2020 &
2/10/20
X X W Supports Planning Commission recommendation (Alternative 4),
4 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
David Shiah 2/11/2020 X X W
Debbi Steele 2/11/2020 X X W
Debi Munro 2/7/2020 X W I would like the Board of County Commissioners to select Alternative# 5 presented to them by the Jefferson
County Planning Commission.
Deborah Hammond 2/10/2020 X X W
Deborah Pederson 2/11/2020 X X X X W (1) I would prefer Alternative #4 if you determine that the amount of land available in commercial and industrial zones is sufficient to pass legal muster, although I realize that there are no
guarantees about how a court would rule. Unless there is a legal problem with applying this regulation both to commercial and to private ranges, I support that amendment. (2) If you
determine that there is too much legal risk in limiting ranges to our commercial and industrial parcels, I would support Alternative #5 for inholding forest lands but with the added restriction
that parcels that have forests of statewide significance should not be eligible for consideration.
Don McNees 2/3/2020 X W (1) No one is going to come to Jefferson County to build a shooting facility as a business. (2) Fix the original ordinances to pass the GMA hearing board and allowing both indoor and
outdoor ranges.
Donald and Carmen
Pitkin
2/11/2020 X W I am opposed to more restrictions to our Jefferson Shooting Range that has a good safety record over 50 years. None of the latest concerns are justified. All these new restrictions will cost
the Range more money that they don't have therefore the excessive cost will lead to the closure of the Range. This is my biggest concern; good and responsible citizens won't have a safe
place to shoot therefore they will go to undersigned areas to shoot that can cause a problem.
Donna M. Simmons
for Hood Canal Env.
Council
2/10/2020 &
2/11/2020
X X W Supports Planning Commission's recommendation (Alterative 4).
Ed Cabler 2/11/2020 X X X W Supports Planning Commission's recommendation (Alterative 4).
Edwin and Virginia
Kraft
2/11/2020 X X W
Eileen F. Gatto 2/11/2020 X W (1) The option the TRC supports would create rules that would prevent any new non-commercial facility due to the high costs of commercial or industrial land as well as the costs of a
building sufficient to house a long-gun range. Those costs would be astronomical, and only someone intending to make money from a shooting range would be able to afford to build one. (2)
An indoor range simply cannot accommodate trap shooting. This is where a clay target is sent into the air by a machine and the shooter fires at it. This hobby has been practiced safely for
decades at the JCSA and is one of the most popular events there. Neither will an indoor range accommodate practice with long-guns, something that is important for those who need to
harvest their own food to feed their families.
Eleanor Mathews 2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4).
Ellen Crocktt 2/11/2020 X W I do not support limiting shooting ranges to indoor in Jefferson County. In a rural county such as ours, it is impractical to impose such limitations.
Limiting us to only Jefferson Sportsman's Club will increase the shooting on forestlands, private property and other unsafe areas. Letting a small group of property owners determine policy
for an entire county is not good practice.
Elizabeth Fields 2/3/2020 &
2/11/2020
X X W Supports having JCSA grandfathered in the only outdoor range.
Eza Goetzen 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Forest Shomer 2/5/2020 X X W Supports Planning Commission recommendation (Alternative 4),
Gail Workman 2/10/2020 X X X W (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities.
Geralynn Rackowski 2/3/2020 X W Supports having JCSA grandfathered in the only outdoor range.
Heather Harding 2/11/2020 X X W
Helen Rector &
Robert Powers
2/10/2020 &
2/11/2020
X X W (1) Supports Planning Commission recommendation (Alternative 4). (2) We avoid a slippery slope, with possible appeals to site scrap yards, marijuana growing operations, affordable
housing, or other uses in forestlands-all of which are incompatible with the Comprehensive Plan.
5 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Jacob Rember 2/2/2020 X X W (1) Ordinance likely to limit future business growth and tourism in Jefferson County; (2) Cannot locate andy data supporting the conclusion that outdoor shooting ranges harm the
environment more than any other business with a similar footprint; (3) A large building likely to have a greater impact on the environment with a bigger carbon footprint; (4) Ordinance likely
to have disproportionate impact on lower socioeconomic status families--likely to have a greater impact on the working poor; (5) Makes access to firearm-related activities more difficult; (6)
Reduces access to locations to train learn and teach.
J. Brady Duncan 2/11/2020 X X W
Jaisri Langappa 2/11/2020 A gun range in the Quilcene area will reduce tourism and the business that trourism brings.; it also will badly mar the landscape for those of us who llive in Jefferson County.
James Baird 2/11/2020 X X W (1) Alternative 1 (the 2018 legislation) is the most acceptable option. (2) Please also look at long term solutions that solve noise issues by providing upgrades to the existing site leased to
Jefferson County Sportsman group. Army Corp of Engineers constructed the facility. Consider further tax-payer funded / ecological federal funded upgrades to address the noise and
containment issues raised.
Jan Wold (individual)2/9/2020 X X W (1) Supports Planning Commission's recommendation (Alterative 4). (2) One example of the benefit of this proposal is reduced noise pollution for western Puget Sound
birds.
Janet Woodyard 2/11/2020 X X W
Jay Towne 2/11/2020 X W Outdoor ranges are best by far. Indoor ranges are a poor substitute, and prohibitively expensive for all but densely populated areas. To mandate indoor ranges in this county is in reality a
de facto prohibition on shooting ranges.
Jenny Esquivel 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Jerry Holmes 2/6/2020 &
2/11/2020
X X W
Jim & Renee Klein 2/11/2020 X X W
Jim Buss 2/10/2020 X X W
Jim Moore 2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4).
Joan Purdy 2/11/2020 X X W
Judith Lucia 2/11/2020 X X W
Judith Walls 2/1/2020 X X W Objects "to the wording '…only as a discretionary use …' because it invites challenges."
Julie Dalzell 2/5/2020 X W Mandating indoor gun ranges will not stop shooting in the county. Residents won't use indoor shooting ranges because they are expensive. The gun owners who love practicing will continue
to shoot outdoors. If the purpose of a rule is not served it will be disrespected. We have enough disrespect already it seems in our legal system.
Julie Jamin 2/3/2020 X W
Joanmarie Eggert 2/11/2020 X X Supports Planning Commission's recommendation (Alterative 4).
Kate Nichols 2/10/2020 & X X W Supports Planning Commission's recommendation (Alterative 4).
K. Kennell 2/10/2020 X X W Please limit these gun ranges to already established commercial & industrial areas not in forests and undeveloped areas without infrastructure.
Karen Brennan 2/11/2020 X X W
Kate Nichols 2/10/2020 X X X W (1) Indoor ranges are a great for people living in dense urban areas where they have no other options when it comes to practice safe handling of handguns. They do not work for the longer
ranges needed for rifle practice or for shooting clay pigeons with shotguns, or for many of the larger group training classes for pistol, rifle and shotgun. (2) The idea of limiting new shooting
ranges to commercial and industrial zoned property in this county is tantamount to a ban. Anyone who has spent time in Jefferson County trying to find properly zoned real estate for opening
or operating any kind of a business can tell you there is little to nothing available at a reasonable price and, if you can find something, the cost of installing a building and infrastructure is
often prohibitive and even though the county is working hard to improve, the permitting process can take months to years. (3) The political demographics of Port Townsend just about
guarantee that any volunteer
committee that associated with the county will unanimously pass policy that restricts the use of firearms.
Kathleen Wacker 2/10/2020 &
2/11/2020
X X W Supports Planning Commission recommendation (Alternative 4), Supports having JCSA grandfathered in the only outdoor range.
Kathryn Lamka 2/10/2029 X X W Supports Planning Commission's recommendation (Alterative 4).
Keith Lazelle 2/11/2020 X X W
6 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Keith Marzan 2/11/2020 Gun ranges keep the public safe. Well maintained and well operated ranges are good for the Jefferson County Citizens.
Kep Kelpler 2/2/2020 W Two federal court cases have ruled that a city/county cannot ban shooting ranges, and also that shooting ranges cannot be banned through prohibitive zoning. See: 2011, Ezell and 2017,
Ezell v. Chicago/Ezell II.
Kenneth Thompson 2/11/2020 X W (1) I have taken the trouble to drive out to the Tarboo area to see what all the controversy is about. I think you must know what I saw driving into Tarboo lake: bad road and trees. I did not
see dwellings. I did see the litter from unsupervised shooting activities in the area. I would rather see gun use in a supervised facility than out in the woods. (2) I for one am tired of this issue
occupying the counties resources for the benefit of a few. Let's move on to something that affects the entire county, such as housing.
Kindy Kemp 2/10/2020 &
2/11/20
X X W (1) Supports Planning Commission's recommendation (Alterative 4). (2) Keeping firearms out of forestlands will make fire prevention efforts, emergency services, operational oversight, and
environmental clean-up more efficient. Also this will help to avoid a slippery slope with possible appeals to site scrap yards, marijuana-growing operations, affordable housing, or other uses
in forestlands-all of which are incompatible with the Comprehensive Plan.
Landin Boring 2/10/2020 X X X W (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities.
Larry Dennison 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Lawrence Scoville 2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4).
Leslie Hoge 2/11/2020 X X W
Linda Gately 2/10/2020 X X W
Lisa Feetham 2/3/2020 &
2/11/20
X X W All gun ranges in the county should be in an industrial area and indoors. Worried about War Vets with PTSD.
Liz Moore 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Mabs Sanok 2/11/2020 X X W
Mado Most 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Mara Mauch 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Mark Dembro 2/9/2020 X X W Supports Planning Commission recommendation (Alternative 4),
Mark (no last name
given)
2/11/2020 X W (1) Wrong fact - "Someone even said ... why do we need another outdoor range when people can just go out in the woods and shoot!" Oh yes, where people shoot without berms and
backstops, shooting without rules or the opportunity to learn from one another. No rules to help keep shooting areas clean. (2) In short if you allow the ordinance you are infringing on our
ability to keep and bear arms. Part of which is to know and learn the proper, safe operations of said arms as written in the 2nd amendment. Anyone one who does recognize this as the first
step to destroying our freedoms is totally ignorant or ignoring even recent history and is a fool Are you one?
Mark Sanok 2/11/2020 X X
Mary Hunt 2/10/2020 &
2/11/2020
X X W Supports Planning Commission's recommendation (Alterative 4).
Mary McDowell 2/3/2020 X X W Supports Alternative 5.
Matt Beudoin 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Melody Pace 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Mhaire Merryman &
Timothy Singler
2/10/2020 X W
Michael Halverson 2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4), Supports having JCSA grandfathered in the only outdoor range.
7 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Michael Hamilton 2/10/2020 X W (1) all new gun ranges be limited to non-commercial, non-aerial and non-military/ para-military usage. We have adequate amounts of land allocated to military purposes. (2) in order to
control pollution (sound, light and heavy metals) and debris, relatively easily and cost effectively (less of a burden on tax base for clean-ups, etc.), all new shooting facilities should be
situated in purpose designed and built indoor structures. clean up and county infrastructure maintenance costs should be born by the developer not the tax payer. (3) It would be
unconscionable for our County to allow new shooting facilities to be built in neighborhoods or rural areas which have not previously been available to the noise, environmental impact and
intense activity (including traffic and road maintenance) that would accompany new shooting facilities. (3) no bomb, mortar, missile, air craft or drone type activity should be allowed as part
of any shooting range regulations.
Mike Mauch 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Mike McElwain 2/11/2020 W Please vote in good faith of the agreement that is in place between JCSA and the County.
Nancee Braddock 2/10/2020 X W JCSA should be required to build an indoor range.
Nancy Erreca 2/7/2020 X W
Nancy Wyatt 2/11/2020 X X W (1) Supports Planning Commission's recommendation (Alterative 4). (2) The argument presented that indoor ranges don't provide services for shotguns or rifles was dispelled with a simple
google search and these two ranges (popped up on the first page of search results) advertise shotgun and/or rifle shooting opportunities.
Nathan Wade 2/11/2020 X W (1) Recreational shooters, licensed hunters and law enforcement require range spaces that allow for a variety of firearm types (pistols, rifles, shotguns including bird "trap") to stay practiced
and safe in the field. Indoor firing lanes represent an expensive and ineffective venue for real world firearms training, more suitable to heavily populated cities without open space. Indoor
ranges are arguably less safe than outdoor ranges due to crowded firing lines and the potential for ricochet and lead inhalation. (2) I would advise you to step back, look honestly at the
politically charged rhetoric being brought to the table in favor of restricting and stigmatizing our use of firearms in Jefferson County (a largely rural area), and choose a socially responsible
approach to balancing land use and civil rights.
Nicolas Tobin 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Nicole Fox 2/10/2020 X W Supports Staff's Proposed Ordinance recommended to the Planning Commission (Alternative 2).
Owen Fairbank 2/2/2020 &
2/10/20
X X W Supports Planning Commission recommendation (Alternative 4),
Pamela Bouchard 2/10/2020 &
2/11/2020
X X X W (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities.
Pat Pearson 2/10/2020 X X W Supports Planning Commission recommendation (Alternative 4).
Patrick Burnham 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Paula Conner 2/9/2020 X X W Supports Planning Commission recommendation (Alternative 4), Supports having JCSA grandfathered in the only outdoor range.
Penney Hubbard 2/11/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Peter Bahls,
Northwest
Watershed Institute
2/11/2020 X X X W In summary, once again, the staff appear to be bending over backwards to "maximize compliance with the Supremacy Principle" (page 35 of the staff report) by allowing shooting ranges in
forestlands and ignoring non-commercial ranges. Jefferson County has no obligation to "maximize" this compliance, especially when it means potentially not complying with GMA, SEPA and
other requirements intended to protect the public. Alternative 4, as presented by the Planning Commission, and amended to cover non-commercial ranges as discussed above, would meet
the Second amendment concerns without sacrificing Jefferson County's forestlands, environmental quality, and rural life.
Philip Fleckman 2/3/2020 X X W Supports Planning Commission recommendation (Alternative 4),
Polly Thurston 2/10/2020 X W
Randy Sturgis 2/10/2020 X X W
Rick Oltman 2/11/2020 X X W
Robert d'Arcy 2/11/2020 X X W (1) Supports Alternative 1 (the 2018 legislation). (2) Protecting the citizen's 2A rights and continued support to provide a safe and effective sportsman's range is key to the quality of life
many citizens in this county.
Robyn Johnson 2/11/2020 X X X W (1) Supports Planning Commission recommendation (Alternative 4). (2) Supports Tarboo Ridge Coalition amendment of Alternative 4 to regulate non-commercial shooting facilities.
Ron Myhre 2/11/2020 X X W
Rose Wilde 2/2/2020 &
2/10/20
X X W Supports Planning Commission recommendation (Alternative 4),
Sally Davis 2/7/2020 X X W Supports Alternative 5.
8 of 9 2/21/2020
Exhibit 1 - Summary of Comments for Consideration by the Board of County Commissioners After the February 10, 2020 Hearing
Commentor Name Date Supports
Indoor Only
for New
CSFs
Supports
Indoor
CSFs on C/I
Zones
Supports
Indoor CSFs
on C/I Zones
and Forest
Lands
Supports
Outdoor
CSFs
Supports Title
18 Regulation
of Non-
Commercial
Shooting
Facilities
Written
(W)
or Hearing
(T)
or Both
(B)
Summary of Specific Comments
Seth Rolland 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Sharon Picket 2/6/2020 X W I am satisfied with your recommendation of Alternative #2. I prefer Alternative #4: prohibition of outdoor shooting ranges in all zoning districts but can live with
limiting them to a total of 150 acres.
Sheila Husting 2/9/2020 X X W Supports Planning Commission recommendation (Alternative 4),
Sonia Story 2/11/2020 X X X W
Steve Young 2/11/2020 X X W
Sue Erlich 2/2/2020 X X W Supports Alternative 5.
Susan Feller 2/10/2020 X W
Susan Locailo 2/5/2020 X X W Supports Alternative 5.
Teri Nomura 2/8/2029 X W
Terry Ryan 2/11/2020 W I support the gun range sites to be in industrial and commercial areas. There is already enough noise in my neighborhood from guns being fired.
Todd Uecker 2/11/2020 X W For hunters, the opportunity to sight in a rifle at 100 yards is standard practice and critical for humane harvesting of game. An indoor facility will not provide this. Additionally an indoor range
will be cost-prohibitive to many and encourage shooting in places like gravel pits and quarries.
Tom Parks 2/11/2020 X X W
Toni M. Davidson 2/10/2020 X X W Supports Planning Commission's recommendation (Alterative 4).
Wayne Brown 2/10/2020 X W
Virginia Alrecht 2/10/2020 X W
9 of 9 2/21/2020
1 of 2
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Repealing and
ReplacingAmending Ordinance No. 12-
1102-18for Commercial Shooting Facilities
under Title 8 JCC and Amending Chapter
8.50 Jefferson County Code related to
Shooting in the County 1, 2
}
}
}
}
ORDINANCE NO. __________
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health, safety,
and well-being of its residents as are not in conflict with general laws; and,
WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulations within its boundaries, and counties may only enact
ordinances as expressly authorized by RCW 9.41.300; and,
WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a
county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where
there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so
long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section
24 of the state Constitution to bear arms in defense of self or others; and,
WHEREAS, Article VI of the United States Constitution states that “This Constitution,
and the laws of the United States which shall be made in pursuance thereof; and all treaties made,
or which shall be made, under the authority of the United States, shall be the supreme law of the
land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of
any State to the contrary notwithstanding;”
WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The
Constitution of the United States is the supreme law of the land;”
WHEREAS, there is a fundamental principle of Washington law sometimes called “the
preemption doctrine,” that derives from Article VI of the United States Constitution, Article I,
Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State
Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the
“Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower
authority of law when the two authorities come into conflict;
1 Footnotes in this draft ordinance will be removed in the final. They are meant only as a means of explaining
proposed changes, if necessary. All changes are in red typeface, with new language underlined and proposed
deletions in strikeout.
2 Proposed change from February 7, 2020 Staff Report (Staff Report), 19.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict
with the United States Constitution, the Washington Constitution, and federal laws; and, local
ordinances and regulations cannot conflict with the United States Constitution, federal laws, the
Washington Constitution, or state laws;
WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent
recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government;”
WHEREAS, this ordinance protects the rights of citizens under Washington Constitution
Article I, Section 24 and the Second Amendment to the United States Constitution;
WHEREAS, local governments have considerable latitude in exercising police powers and
a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable
and substantial relation to accomplishing the purpose being pursued; and,
WHEREAS, due to the amount of land in Jefferson County owned by the federal and state
governments, areas of protected shorelines, and limited water and septic capacity in other areas of
Jefferson County, there are limited areas where residents can live; and,
WHEREAS, according to the 2018 Jefferson County Comprehensive Plan, Forest
Resource Lands in Jefferson County (Zones IF-20, RF-40, CF-80) represent 76.4 percent of the
zoned land in Jefferson County; and,
WHEREAS, widely disseminated information exists about uncontrolled incidents at
shooting ranges outside of Jefferson County where people’s safety has been threatened; and,
WHEREAS, commercial shooting facilities are best operateddeveloped using the best
available source information on ensuring minimizing risks from the discharge of firearms and
ensuring the greatest level of public safety both on and off these facilities; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which
provides the best available guidance to assist in safely operating shooting range facilities, makes
clear that following these published best practices minimizes but does not eliminate risks
associated with the use of firearms either on or off the range; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, states that
“A range is only as safe as the manner in which it is used” and “health and safety considerations
are twofold: (2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring
the health and safety of surrounding inhabitants;” and,
WHEREAS, at outdoor commercial shooting facilities and their surrounding areas, there
is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and,
WHEREAS, Jefferson County experienced a substantial increase in population density in
areas proximate to its existing commercial shooting facilities and the County has an interest in
ensuring the compatibility of commercial shooting facilities with their surroundings and in
minimizing potential safety hazards created by the operation of commercial shooting facilities;
and,
3 of 4
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
WHEREAS, public complaints about lack of safety and nuisance noise arising from the
operation of commercial shooting facilities in unincorporated Jefferson County have called on the
scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office,
which has the effect of diminishing the availability of these resources for emergency services; and,
WHEREAS, Jefferson County has rural areas where commercial shooting facilities may
be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its
residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and,
WHEREAS, target shooting on both national forest lands and state-owned lands
(Department of Natural Resources lands) is permitted unless a specific area has been closed for
public safety; and,
WHEREAS, about twenty percent of the land-base in Jefferson County falls under this
managementis zoned Rural residential (RR-5, RR-10 or RR-20), where dispersed target shooting
can be carried out by anyone who has legal possession of a firearm, provided their property is not
in a no shooting area designated in Article II of Chapter 8.50 JCC and they do not discharge the
firearm recklessly;3 and,
WHEREAS, such dispersed, sporadic sport-oriented target shooting is less impactful
from both a noise impact and a human health impact, than the concentrated impacts poised by
outdoor commercial shooting facilities; and,
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils, ground
and surface waters, and persist in the environment, bioaccumulating up the food chain; and,
WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and
animals alike; and,
WHEREAS, noise pollution above certain levels, particularly persistent, repetitive,
percussive noise pollution associated with shooting ranges, is deleterious to humans and animals
alike; and,4
WHEREAS, noise at outdoor shooting facilities is much more likely to generate
complaints by nearby residents, than noise at indoor shooting facilities; and,5
WHEREAS, greater technology exists to control such noise pollutionimpacts at indoor
shooting facilitiesranges but notthan at outdoor commercial shooting facilities, where there are no
known methods to completely control or eliminate noise leaving commercial outdoor commercial
shooting facilities that can reach and negatively impact humans, domestic and wild animals unless
3 Proposed change from Staff Report, 21.
4 Proposed change from Staff Report, 26.
5 Proposed change from Staff Report, 26.
4 of 5
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
the outdoor shooting range’s noise is mitigated through best management practices and the outdoor
shooing range is properly operated, and where such impacts cannot be fully mitigated; and,6
WHEREAS, the BoCC finds it is in the public interest to provide for commercial shooting
facilities in Jefferson County in the face of increasing population pressure, the limited space where
people can live and the extensive percentage of Forest Resource Lands; and,
WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial
shooting facilities; and,
WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development
regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and,
WHEREAS, on September 16, 2019, the Western Washington Growth Management
Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c,
that invalidated the Ordinance 12-1102-18 on the basis that it was a development regulation under
the Growth Management Act because it had not been reviewed under the State Environmental
Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public participation
process which requires consideration by the Jefferson County Planning Commission; and,
WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12-
1102-18 under the Growth Management Act and remanded the BoCC to achieve compliance as
addressed in the Final Decision and Order with compliance due on March 2, 2020; and,
WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and
Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance
with the Growth Board’s remand; and,
WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require
that the County consider the Supremacy Principle and states: “Comprehensive plans and
development regulations adopted under the act are subject to the supremacy principle of Article
VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and,
WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must
follow the supremacy principle and “Acknowledge and protect the rights of private property
owners in preparing land use, development, and environmental regulations, prohibit arbitrary and
discriminatory actions, and preserve reasonable uses for regulated properties;” and,
WHEREAS, this Ordinance has been revised to remove the bases on which the Growth
Board determined Ordinance 12-1102-18 was a development regulation as defined in the Growth
Management Act; and,
WHEREAS, even though this Ordinance is not a development regulation, the County
utilized its public participation process for comprehensive plan amendments and development
regulations required by the Growth Management Act, including consideration by the Jefferson
6 Proposed change from Staff Report, 27, modified slightly to focus on operations.
5 of 6
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
County Planning Commission, as a precaution and to show respect to the Growth Board’s
September 16, 2019 decision; and,
WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act for this Ordinance and has utilized the County’s public participation process, including
consideration by the Jefferson County Planning Commission; and,
WHEREAS, the Jefferson County Division of Environmental Public Health is a
department of the Jefferson County Department of Health, whose purpose is to protect the health
of all Jefferson County residents by promoting healthy communities and their environments; and,
WHEREAS, the BoCC has determined that the Division of Environmental Public Health
is best suited to enforcing this Ordinance because of its expertise in processing and enforcing other
health and safety regulations;
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Repeal and Replacement of Ordinance No. 12-1102-18 and AmendingModification of7
Chapter 8.50 JCC. Ordinance No. 15-1214-18 (Title 18 – Land Use Code) is repealed and replaced
with this ordinance.
a. Chapter 8.50 JCC shall be renamed from “No Shooting Areas” to “Shooting in the
County.”
b. Article I, Chapter 8.50 JCC shall be renamed from “Establishment Procedures” to
“Establishment Procedures for No Shooting Areas.”
c. Article II, Chapter 8.50 JCC shall be renamed from “Boundary Descriptions” to “Boundary
Descriptions for No Shooting Areas.”
d. JCC 8.50.020 shall be amended to add a new subsection (5) exception as follows: (5) The
operation of an indoor commercial shooting facilityindoor shooting facility which has
obtained an operating permit or provisional operating pursuant to Article III of Chapter
8.50 JCC.
e. JCC 8.50.020 shall be amended to add a new subsection (6) exception as follows: (6) The
operation of a commercial shooting facility sited in accordance with Title 18 JCC that has
an operating permit or a provisional operating permit issued pursuant to Article III, of
Chapter 8.50 JCC.
7 Proposed change from Staff Report, 19.
6 of 7
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall
then state: (7) The continued operation of legally established private or public gun club
facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50
JCC, and which were established and operating prior to the enactment of the no shooting
area ordinance or the development of outdoor rangesfacilities constructed in compliance
with JCC 18.20.350(8).
g. The definition of “firearm” in JCC 8.50.40 shall be changed to:
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle,
short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as
those terms are defined in RCW 9.41.010. The term “firearm” shall not include: (a)
devices, including but not limited to “nail guns,” which are used as tools in the construction
or building industries and which would otherwise fall within this definition; or, (b) a
“destructive device” as defined in 18 U.S.C. §921(a)(2).
h. Wherever the words “this chapter” appears in Article I or Article II of JCC 8.50 when not
preceded by the words “Article I,” these words shall be changed to “articles I and II of this
chapter.” Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030,
JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080.
i. Consistent with the above, Chapters I and II of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
j. Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements)
as its findings of fact in support of this Ordinance.
Section 3. Not a Development Regulation. Neither Article III of Chapter 8.50 JCC, as adopted,
nor the provisions of this Ordinance areis 8 a development regulation as defined in RCW
36.70A.030(7) and WAC 365-196-200(8).
Section 4. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual
costs incurred (including consultant work) for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
8 Spellcheck caught this.
7 of 8
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.]On January 13, 2020
the SEPA responsible official issued a determination of nonsiginficance (DNS) after reviewing a
January 6, 2020 SEPA Checklist (Checklist). Consistent with RCW 43.21C.030(2), WAC 197-11-
060, and Washington State Department of Ecology, State Environmental Policy Act Handbook,
43 (2018), the Checklist analyzed five non-project alternatives, including the December 3, 2019
recommendation of the Jefferson County Planning Commission, in addition to the no-action
alternative. Five written comments were received timely on the DNS. All these written comments
make claims that are belied by a careful review of the Checklist. None of the written comments
were from state or federal agencies or Indian Tribes.9 Detailed responses to all of the were sent
that address all the concerns raised in the comments. After considering all the comments and
providing detailed responses to all of them the SEPA responsible official determined to retain the
DNS on February 20, 2020. Consistent with Department of Ecology SEPA policy, a memorandum
signed by the SEPA responsible official was emailed to the Department of Ecology on February
20, 2020 and placed in the Department of Community Development’s project file.10
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
9 Proposed change from Staff Report, 20.
10 Proposed change suggested in Staff Report, 20, but modified to be consistent with retention of DNS on February
20, 2020.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
Greg BrothertonKate Dean, Chair
______________________________
David Sullivan, Member
ATTEST: ______________________________
Kate DeanGreg Brotherton, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
9 of 10
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
APPENDIX A
[Modifications to Current Articles III of Chapter 8.50 JCC]
Chapter 8.50
NO SHOOTING AREASSHOOTING IN THE COUNTY
Sections:
Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose.
8.50.020 Exemptions.
8.50.030 Prohibited.
8.50.040 Firearms defined.
8.50.050 Creation, alteration or dissolution of a no shooting area.
8.50.060 Violations – Misdemeanors – Penalty – Arrest.
8.50.070 Enforcement officers and procedures.
8.50.080 Interpretation.
Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
8.50.110 Port Ludlow.
8.50.120 Brinnon – Black Point.
8.50.130 Brinnon.
8.50.140 Brinnon – Triton Cove.
8.50.150 Brinnon – Olympic Canal Tracts.
8.50.160 South Coyle Peninsula.
8.50.170 Paradise Bay.
8.50.180 Chimacum Creek.
8.50.190 Tala Shore.
8.50.200 Ocean Grove.
Article III. Commercial Shooting Facilities
8.50.210 Purpose.
8.20.220 Definitions.
8.50.230 Operating Permit Required.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose.
The purpose of articles I and II of this chapter is to establish a process for the establishment,
alteration, or dissolution of “no shooting” areas in unincorporated Jefferson County and to
provide regulation of the discharge of firearms in such areas as provided in articles I and II of
this chapter. The creation of a no shooting area shall be considered in accordance with RCW
9.41.300(2)(a) wherein counties are authorized to enact laws and ordinances restricting the
discharge of firearms “where there is a reasonable likelihood that humans, domestic animals, or
property may be jeopardized.” County officials shall endeavor to facilitate solutions within
communities to resolve concerns leading to petitions for no shooting areas. Areas considered for
creation, alteration, or dissolution of a no shooting area shall be considered on an individual
basis to adequately assess the motivation for the proposal and to resolve existing differences
regarding an area. Creation of a no shooting area must be realistically enforceable in the area
designated. [Ord. 2-07 § 1]
8.50.020 Exemptions.
The designation of a no shooting area shall continue to allow:
(1) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals,
endangering livestock.
(2) The lawful use of a firearm by a law enforcement officer in the performance of their duties.
(3) The use of firearms to lawfully slaughter farm animals.
(4) The lawful use of force by citizens.
(5) The operation of an indoor a commercial shooting facility which has obtained an operating
permit or provisional operating pursuant to Article III of Chapter 8.50 JCC.
(6) The operation of a commercial shooting facility sited in accordance with Title 18 JCC that
has an operating permit or a provisional operating permit issued pursuant to Article III, of
Chapter 8.50 JCC.
(5)The continued operation of legally established private or public gun club facilities or
commercial shooting ranges that are not commercial shooting facilities as defined in Article III
of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no
shooting area or the development of outdoor ranges constructed in compliance with JCC
18.20.350(8).
8.50.030 Prohibited.
It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson
County any projectile discharged from any firearm across, in or into a no shooting area
established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of
11 of 12
EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in
defense of self or others. [Ord. 2-17; Ord. 2-07 § 3]
8.50.040 Firearm defined.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. Section 921(a)(2).
8.50.050 Creation, alteration, or dissolution of a no shooting area.
(1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in
accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances
restricting the discharge of firearms “where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized,” by either:
(a) A petition filed by residents containing the signatures of at least 20 elector-residents of each
voting precinct in the area under consideration; or
(b) A majority vote of the board of county commissioners.
(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing
no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of
the board of county commissioners. The petition or request must be based on a definable threat
to the public health, safety or general welfare.
(3) The petition or request must include a legal description of the proposed boundaries with: a
map showing the proposed area, a written statement explaining the reasons for the petition, and a
statement, where applicable, of reported incidence involving firearms in the petition area.
(4) After petition signatures have been verified by the Jefferson County auditor-elections and the
board of county commissioners finds the petition warrants consideration, the county
commissioners shall hold a public hearing regarding the petition or may choose to facilitate an
amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing.
Treaty tribes will be contacted by the county to identify any concerns and invite their
participation.
(a) The review committee shall consist of:
(i) The county sheriff or his designee.
(ii) The director of the department of community development, or his designee.
(iii) Three residents-at-large to be appointed by the county commissioners.
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(iv) At least one representative of tribal interests will be invited.
(v) Representative stakeholders from the petition area as determined by the county
commissioners, with the goal of including persons from all sides of any contended or
questionable issue.
(b) The review committee shall consider, but is not limited to consideration of, the location,
terrain and surrounding land use of the petition area. The committee shall also consider any
additional instructions given by the county commissioners at the assignment of the committee.
The county commissioners shall hold a public hearing on the review committee’s
recommendations soon after they are received by the commission.
(5) Legal notice of the public hearing shall be published one time in the official newspaper of the
county at least 10 days prior to the hearing.
(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare, the area shall be established,
altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall
consider, but is not limited to considerations of, the location, terrain and surrounding land use of
the petitioned area. The board of commissioners shall determine the final boundaries for the
creation of a no shooting area.
(7) Public works may post signs along public roads indicating a no shooting area boundary
where deemed necessary. The department of community development shall inform development
and permit applicants if a parcel is within a no shooting area.
8.50.060 Violations – Misdemeanors – Penalty – Arrest.
(1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall
not be a violation of articles I and II of this chapter when a person discharges a firearm in
accordance with the provisions of RCW 9A.16.020.
(2) Any law enforcement officer having probable cause to believe that a person has committed a
violation of articles I and II of this chapter has the authority to arrest the person.
(3) The first offense for violation of article I or II of this chapter constitutes a civil penalty not to
exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed
$250.00 or by confinement in the county jail for a period of not more than 90 days.
8.50.070 Enforcement officers and procedures.
Enforcement of articles I and II of this chapter may be by any state or county law enforcement
officer, state game officer, or state fish and wildlife officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant persons violating the provisions of
this chapter. Said enforcement officers may serve and execute all warrants, citations and other
process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last
known place of residence of the offender shall be deemed as personal service upon the person
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charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition
of any person violating the provisions of this chapter.
8.50.080 Interpretation.
In the event any other county ordinance, whether or not codified, is in conflict with any of the
terms of articles I and II of this chapter, the more stringent shall be construed as applicable.
Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the
Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port
Townsend Bay; and on the East by the Shoreline of Port Townsend Bay.
[Ord. 12-95]
8.50.110 Port Ludlow.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property
lines of lots in Port Ludlow #5 at the northern end of Montgomery Lane. The boundary then
moves westward across the properties mentioned above along their northern property lines,
crosses Oak Bay Road and continues westward along the fire hall northern property line and on
west along the northern property lines of Port Ludlow #2, Area 3, at the northern end of Keefe
Lane.
At the NW corner of Lot #75 on Keefe Lane the No Shooting boundary turns south along the
western side of Jefferson Avenue to the northern property lines of Port Ludlow #2, Area 3 lots
along Fleet Drive. The boundary then moves west and then south around the cemetery, across
Swansonville Road and continues south along the western side of Talbot Way to the junction of
Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way
and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port
Ludlow #6.
The boundary then heads generally south along the western property lines of Port Ludlow #6 to
Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east
around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then
turns south along the western side of Paradise Bay Road to a point opposite the end of Camber
Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course
staying at the outside fairway points entirely around the western, southern and the eastern
portions of the golf course to the southern property lines of Fairwood Village.
The boundary then heads east along the south side of Springwood Drive and across Teal Lake
Road. It then swings NE along the property lines of Teal Lake Village on the south side of
Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation
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Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear
View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across
Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to
Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the
end of Ludlow Beach Tracts #2. It then turns NW to the shoreline of Ludlow Bay.
[Ord. 4-96]
8.50.120 Brinnon – Black Point.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile
marker #308 on Highway 101. The boundary then moves southwesterly along the highway to the
first Duckabush River Bridge at mile marker #310. The boundary includes all of Black Point
surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile
markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which
is along the Duckabush River Estuary below the shoreline bluff.
[Ord. 5-97]
8.50.130 Brinnon.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the
west by the power line; and on the south by the Dosewallips River.
[Ord. 3-99]
8.50.140 Brinnon – Triton Cove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the north by an unnamed year around creek from the Hood Canal to the
Bonneville power lines (the area under the power lines is to be included in the No Shooting
zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South
by the Jefferson County line.
[Ord. 7-00]
8.50.150 Brinnon – Olympic Canal Tracts.
The area described below is hereby established as a “No Shooting” zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of
Duckabush Road;
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Thence northwesterly along the centerline of Duckabush Road to the intersection with the most
westerly line of the Bonneville power lines;
Thence southwesterly along the most westerly line of the Bonneville power lines to the
intersection of said power lines with McDonald Creek;
Thence southeasterly along McDonald Creek to the shoreline of Hood Canal;
Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth of the
Duckabush River;
Thence northerly along the shoreline to a point along the shoreline that is due west of the
intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
Thence west to the point of beginning.
Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North,
Range 2 West; Willamette Meridian.
All lying in Jefferson County, state of Washington.
[Ord. 12-02]
8.50.160 South Coyle Peninsula.
The area described below is hereby established as a “No Shooting” zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette
Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West,
Willamette Meridian, described as follows:
Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number
488422, Section 28 Township 26 North, Range 1 West Willamette Meridian;
Thence continuing along the extension of the South line of said Tax 1 to the centerline of said
Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of said Tax 1 to
the Northeasterly corner of Tax 2 as described under Auditor’s File Number 422414;
Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel
identified under said Auditor’s File Number 422414;
Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0
low tide mark in Dabob Bay;
Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along
the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-
onna Beach Drive extended Easterly from the most Easterly point of said centerline located in
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and
said 0.0 low tide mark of Hood Canal;
Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the
intersection of said East Go-onna Beach Drive with the centerline of Coyle Road;
Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road
with the centerline of Payne Road;
Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF
BEGINNING;
EXCEPTING THEREFROM any portion of the following described parcels that lie within the
above described bounds and that do not lie within the Northerly and Easterly 200 foot setback
from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback
from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the
centerline Payne Road:
The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West,
Willamette Meridian, lying Southerly and Easterly of Payne Road;
The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian,
lying Northerly and Westerly of Coyle Road;
The South one half of the Northwest of Section 33, Township 26 North, Range 1 West,
Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and
The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1
West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and
Westerly of Coyle Road;
Situate in Jefferson County, Washington.
[Ord. 12-14 § 1; Ord. 20-02]
8.50.170 Paradise Bay.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the land lying within the following bounds:
Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge
Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state
of Washington and the easterly margin of Teal Lake Road;
Thence northeasterly along said northerly line of said Tract A to the intersection of said line with
the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake
Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;
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Thence in a straight line northeasterly to the intersection of said line with a point located at the
intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division
1 and the northerly margin of said Crestview Drive;
Thence northerly along the northerly margin of said Crestview Drive, said margin also being the
westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said
plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C;
Thence easterly along the northerly boundary of said Tract C to the intersection of said line with
the most easterly boundary of said plat of Amendment to Teal Lake Village;
Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to
the intersection of said line with the southerly margin of Paradise Bay Road;
Thence along said southerly and westerly margin in an easterly and southerly direction to the
intersection of said westerly margin of Paradise Bay Road with the North line of Section 22,
Township 28 North, Range 1 East, W.M.;
Thence easterly along the North line of said Section 22 to the mean lower low water boundary of
Hood Canal;
Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon
and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28
North, Range 1 East, W.M.;
Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26,
35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North,
Range 1 East, W.M., to the intersection with the northerly margin of State Route 104 with said
mean lower low water boundary of Hood Canal;
Thence northwesterly along the north margin of State Route 104 to the intersection of said
margin with the easterly margin of Paradise Bay Road;
Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south
line of Section 23, Township 28 North, Range 1 East, W.M.;
Thence westerly along said south line of Section 23 to the intersection with the westerly margin
of Paradise Bay Road;
Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the
northerly margin of Andy Cooper Road;
Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with
the easterly margin of Teal Lake Road;
Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of
this description.
All situated within Jefferson County, Washington.
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[Ord. 4-08 § 1]
8.50.180 Chimacum Creek.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the following described lands, being a portion of Sections 34 and 35, Township 30 North,
Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying
within the following bounds:
Beginning at the intersection of centerline of as-built Prospect Avenue extended Easterly to the
westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this
description;
Thence Westerly along the centerline of as-built Prospect Avenue to the intersection of said road
with the centerline of State Route 19, also known as Airport-Cutoff Road;
Thence Southeasterly along the centerline of said State Route 19 to the intersection with the
centerline of Irondale Road;
Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of
platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page
16 records of Jefferson County, Washington;
Thence Easterly along said centerline of Market Street to the centerline of Maple Street as
platted on said plat;
Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40
and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of
Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline
of Port Townsend Bay;
Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of
Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049
DD, within Port Townsend Bay to the True Point of Beginning.
All lying and being in Jefferson County, Washington.
[Ord. 3-17 § 1; Ord. 11-08 § 1]
8.50.190 Tala Shore.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County,
Washington, encompassed within the following described boundary:
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range
1 East, W.M. Jefferson County, State of Washington and the centerline of a private road known
as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012
records of Jefferson County, Washington; Thence Northerly along said private road centerline to
the North line of the Southeast Quarter of the Northwest Quarter of Sections 15, Township 28
North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the
Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly
along the North line of Government Lot 4 and the Easterly extension of the North line of
Government Lot 4 to the 0.0 low tide mark within Hood Canal,
Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0
low tide mark with the Easterly extension of the South section line of said Section 15; Thence
West along said Easterly extension of said South section line and the South section line of
Section 15, Township 28 North, Range 1 East, to the intersection of said South line and the
centerline of the private road known as East Ludlow Ridge Road said point being the point of
beginning of this description.
TOGETHER WITH:
All of Section 10, Township 28 North, Range 1 East, W.M. Jefferson County, State of
Washington.
All situated in Jefferson County, State of Washington.
[Ord. 6-14 §§ 1, 2]
8.50.200 Ocean Grove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
Albert Balch and Harry Cotton’s Ocean Grove Estates, as per plat recorded in Volume 4 of Plats,
Page 20, records of Jefferson County, Washington;
TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2, as per plat
recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington;
TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2
West, W.M., not included in said Albert Balch and Harry Cotton’s Ocean Grove Estates and in
Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2.
TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54,
under Auditor’s File Number 328912, located within Government Lot 5, Section 24, Township
30 North, Range 2 West, W.M., described as follows:
Beginning at the Northwest corner of said Lot 5;
Thence proceeding on a bearing of S 88° 30’ 34” East 67.21 feet along the North line of said Lot
5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27,
records of Jefferson County;
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
Thence continuing South 88° 30’ 34” East 76.22 feet to the Southeast corner of said Lot 12;
Thence turning South 26° 34’ 58” West 166.11 feet to a rebar and cap marked “Parrish, LS
29535”;
Thence continuing South 26° 34’ 58” West 9.07 feet;
Thence North 83° 52’ 04” West 69.36 feet to the West boundary of said Lot 5;
Thence North 01° 29’ 25” East 8.53 feet to a rebar and cap marked “Parrish, LS 29535” and the
West line of said Lot 5;
Thence along the West line of Lot 5 North 01° 29’ 25” East 144.51 feet to the Point of
Beginning;
TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 3, as per plat
recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139,
records of Jefferson County, Washington.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
APPENDIX B
Article III. Commercial Shooting Facilities
8.50.210 Purpose.
The purpose of this article is to provide uniform requirements for the establishment and
operation of all commercial shooting facilities in unincorporated parts of the county. These
requirements include provisions that:
(1) Establish a permitting procedure and rules for the siting, design and operation of commercial
shooting facilities that protect participants, spectators, neighboring properties and the public;
(2) Include appropriate measures designed to make the discharge of firearms safe during the
operation of commercial shooting facilities; and,
(3) Protect the environment;
(4) Ensure compatibility with neighboring land uses as regulated in Title 18 JCC; and,
(5) Promote the continued availability in the county of shooting facilities for firearm education,
training, and practice in the safe use of firearms, and firearm sports, without prohibiting or
expressly regulating the discharge of firearms.
8.50.220 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) “Aggrieved party” means a person or persons who can demonstrate that a decision by the
director or a hearing examiner will prejudice them or their interests that are protected by
federal or state law or JCC.
(2) “Annual inspection” means the annual inspection required by JCC 8.50.230(5)(d).
(3) “Applicant” means a person applying for an operating permit.
(4) “Armed forces” means the armed forces of the United States or of the National Guard or
organized reserves.
(5) “Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
(6) “Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress
sound waves.
(7) “Ballistic trauma” means wounds to humans or domestic animals or property damage from
the discharge of firearms.
(8) “Berm” means an embankment used for restricting bullets to a given area, as a protective
or dividing wall between shooting areas, or for noise abatement.
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(9) “BMP” means best management practice or practices, which are systems of practices,
schedules of activities, maintenance procedures, and management measures that prevent or
minimize adverse impacts to the environment.
(10) “Bullet” means a single projectile fired from a firearm.
(11) “Buffer zone” has the same meaning as in JCC 18.10.20B and includes but is not limited
to buffer zones required by Chapter 18.22 JCC (the critical areas ordinance) or Chapter
18.25 JCC (the shoreline master program ordinance), federal or state law.
(12) “Cartridge” means a self-contained unitized round of ammunition that is made up of a case,
a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal
alloy or plastic.
(13) “CFR” means the Code of Federal Regulations, as it now exists or is later amended.
(14) “Cold Range” means a shooting range open to the public on which all firearms are to be
unloaded at all times, unless instructed otherwise by a range master or a range officer.
(15) “Commercial shooting facility” means an indoor commercial shooting facilityindoor
shooting facility or outdoor commercial shooting facility designed and specifically
designated for safe shooting practice with firearms, whether open to the public, open only
to private membership, or any combination of the above that for the use of the commercial
shooting facility requires a contract, charges a fee or other compensation, or requires
membership. In addition, where property is used primarily for lawful shooting practice for
guests of the owner, and where the other uses of the property either facilitate shooting
practice or are incidental, intermittent or occasional, it is presumed that the property used
for lawful shooting practices is a commercial shooting facility. The term “commercial
shooting facility” does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington;
(b) Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of
the privately-owned property or to any other person. For the avoidance of doubt, where
privately owned property is used primarily for lawful shooting practice for guests of
the owner, and where the other uses of the property either facilitate shooting practice
or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
(16) “Containment” means the prevention of projectiles from leaving a shooting range during
operations.11
(17) “Cowboy action shooting” means a type of match using one or a combination of firearms
in “Old West themed” courses of fire for time and accuracy.
11 Proposed change from Staff Report, 30.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
(18) “Critical areas” mean critical areas as defined in Chapter 18.22 JCC.
(19) “Department” means the county public health department’s division environmental public
healthcommunity development.
(20) “Director” means the director of the department of community development.
(21) “Environmental ComponentPlan” means the portion of the Safety and Environmental
Health Plan that contains the plan for mitigating the environmental impacts of related to managing
solid waste and lead by implementing generally accept BMPs for management of lead commercial
shooting facilities as required by JCC 8.50.240(4).
(22) “Expansion” means any proposed change that increases the existing activities and uses
permitted for a commercial shooting facility, including expansions of a commercial shooting
facility lawfully operating as of the effective date of the ordinance codified in this article.
Examples of expansions include but are not limited to additional firing positions, lengthened
periods of operations, increases in permitted firearm caliber or range, or increased size of shot fall
or direct fire zones. Modifications made solely through routine maintenance of a commercial
shooting facility, such as the installation of sewer, water or other utilities, pavement of a parking
lot, the installation of safety baffles, construction of side or backstop berms, or the construction or
remodeling of a clubhouse, shall not be considered an expansion. “Expansion” means any
proposed change that increases the operations permitted for a commercial shooting facility,
including expansions of a commercial shooting facility lawfully operating as of the effective date
of the ordinance codified in this article. Examples of expansions include but are not limited to
adding firing positions, increasing periods of operations, increasing permitted firearm caliber or
range, or increasing size of shot fall or direct fire zones. Modifications made solely through routine
maintenance of a commercial shooting facility, such as the installation of sewer, water or other
utilities, pavement of a parking lot, the installation of safety baffles, construction of side or
backstop berms, or the construction or remodeling of a clubhouse, shall not be considered an
expansion under this chapter.12
(23) “Exploding target” means a target that explodes when hit by a projectile.
(24) “Explodes” means burst or shatter violently and noisily from rapid combustion,
decomposition, excessive internal pressure, or other process, typically scattering fragments widely.
(25) “Facility Design Plan” means the written procedures or policies of a commercial shooting
facility that specifically define the facility design requirements for the commercial shooting facility
as required by JCC 8.50.240(2).
(26) “False Report” means a report of violation that results in the dispatch of the department,
the sheriff or emergency services for a violation of this article when, in fact, there was no violation
of this article and no reasonable belief there was a violation of this article.
(27) “Firearms allowed at commercial shooting facilities” means weapons that can be legally,
owned, carried and discharged in accordance with the laws of Washington under Chapter 9.41
RCW (“Firearms and Dangerous Weapons”) and not additional weaponry in use by military forces
which require specialized authorization, training and training grounds. Machine guns, destructive
12 Proposed change from Staff Report, 30, slightly modified.
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devices, and certain other firearms are prohibited on commercial shooting facilities. The definition
of these items may be found in Title 26 U.S.C., Chapter 53, section 5845, also known as the
National Firearms Act. Examples are: any select fire firearm (aka full-auto), mortar, rocket
launcher, grenade, Molotov cocktail.13
(28) “Firearm” has the same meaning as in JCC 8.50.040.
(29) “Firing line” means a line parallel to the targets from which firearms are discharged.
(30) “Firing point” means a location from which one individual fires at an associated target
located down range.
(31) “Five-stand shooting” means a shotgun shooting sport where there are five stations or
stands on the firing line and multiple strategically placed target throwers that throw targets in front
of the firing line.
(32) “Hazardous substance” means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical,
chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
(33) “Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated
as hazardous or mixed waste by the United States EPA.
(34) “Hot Range” means a shooting range on which all firearms are allowed to be loaded at all
times.
(35) “Impact area” means the area in a backstop or bullet trap directly behind the target where
bullets are expected to impact or the area downrange where bullets will impact if not captured by
a backstop or bullet trap.
(36) “Indoor shooting facility” means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms, ammunition, component parts and
accessories.
(37) “JCC” means the Jefferson County Code, as it now exists or is later amended.
(38) “Law enforcement officer” means “federal peace officer” as defined in RCW 10.93.20(6),
“general authority Washington peace officer” as defined in RCW 10.93.20(3), “law enforcement”
officer as defined in RCW 9.41.010 (12), “peace officer” as defined in RCW 43.101.010(11),
“limited authority Washington peace officer” as defined in RCW 10.93.20(4), “qualified law
enforcement officer” as defined in 18 U.S.C. Section 928B(c) and, “specially commissioned
Washington peace officer” as defined in RCW 10.93.20(5). For the avoidance of doubt, “law
enforcement officer” includes federal, tribal, state, and local members of law enforcement
organizations certified by their jurisdiction to enforce the laws of that jurisdiction.
(39) “Life safety incident” means an incident that causes ballistic trauma to humans, domestic
animals, or property.
13 Proposed change from Staff Report, 28-30.
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(40) “Member of the armed forces” means a member of the armed forces, when on duty.
(41) “NRA Range Source Book” means the most current2012 version of The NRA Range
Source Book published by the National Rifle Association.
(42) “Operations ComponentPlan” means the portion of the Safety and Environmental Health
Plan that contains the written procedures or policies of a commercial shooting facility that
specifically define the operations requirements for the commercial shooting facility as required by
JCC 8.50.240(3).
(43) “Operator” means the person operating the commercial shooting facility.
(44) “Operating Permit” means the operating permit required by this article.
(45) “Or” means both or and and/or.
(46) “Other Reports of Violations” means reports of violations that are not life safety incidents
or threats to humans, domestic animals or property.
(47) “Outdoor shooting facility” means a commercial shooting facility that is not an indoor
shooting facility.
(48) “Owner” means the holder of title to the real property on which a commercial shooting
facility is located.
(49) “Person” means person as that term is defined in RCW 1.16.080.
(50) “Physical containment” means the use of physical barriers that are sufficient to contain the
projectile from the highest power firearm used on a shooting range when the shooting range is
used in accordance with its operating permit. Physical containment may include, but is not limited
to baffles, sidewalls, backstops and berms of adequate design, quantity, and location to ensure that
projectiles cannot escape the commercial shooting facility.
(51) “Practical shooting” means a sport that challenges an individual’s ability to shoot rapidly
and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses called
stages, some requiring many shots to complete, and others just a few. While scoring systems vary
between practical shooting organizations, each measures the speed with which the stage is
completed, with penalties for inaccurate shooting.
(52) “Projectile” means an object fired from a firearm.
(53) “Provisional operating permit” means a provisional operating permit issued pursuant to
JCC 8.50.230(4)(c).
(54) “Qualified Shooting Range Evaluator” means a person who has been an NRA range
technical team advisor or who is a professional engineer with expertise in the design of shooting
ranges.
(55) “Range master” or “range officer” means a person or persons trained and appointed by the
operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance
with the requirements of this article and any additional safety specifications that may be adopted
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
by the operators of the commercial shooting facility. At a minimum, a range master or a range
officer shall complete the necessary training and obtain certification to be a range master or range
officer from the National Rifle Association, the NROI National Range Officer Institute, the IDPA
International Defensive Pistol Association, the SASS Single Action Shooters Society, the CMP
Civilian Marksmans Program, the Washington State Criminal Justice Commission, anthe armed
forces or, as determined by the director, other training equivalent to the National Rifle Association
training for certification as a range master or range officer.
(56) “RCW” means the Revised Code of Washington, as it now exists or is later amended.
(57) “Report of Violation” means a report of a violation of this article received by the
department or the sheriff.
(58) “Routine maintenance” means repair of structures or property maintenance for which
permits are not required or repair of berms.
(59) “Rules and regulations” means requirements used in the operation of a commercial
shooting facility that minimize the risk of threatened harm.
(60) “Safety fan” means all areas in or outside a shooting range where projectiles may impact
or ricochet when firearms are operated in accordance with rules and regulations (as defined above).
The safety fan extends to the maximum range of the most powerful cartridge and firearm used on
the shooting range unless adequate physical containment is provided. When physical containment
is adequate, the safety fan is limited to the area within the containment.
(61) “Safety Componentplan” means the portion of the Safety and Environmental Health Plan
that contains the written procedures or policies of a commercial shooting facility that specifically
define the safety requirements for the commercial shooting facility as required by JCC 8.50.240(2).
(62) “Sheriff” means the elected sheriff of Jefferson County or designee.
(63) “Shooting range” consists of a firing line or firing points, and an impact area.
(64) “Skeet shooting” means a shotgun shooting sport where the shooter is on the firing line and
shoots at targets launched from two skeet houses in somewhat sideways paths that intersect in front
of the shooter.
(65) “Sporting clays” means a form of clay pigeon shooting that consists of multiple shooting
stations laid out over natural terrain such that target presentations simulate the unpredictability of
live quarry shooting.
(66) “Target” means a mark to shoot at.
(67) “Target line” means the line where targets are placed.
(68) “Threatened Harm” means a reasonable likelihood that humans, domestic animals, or
property have been or will be jeopardized by the operations of the commercial shooting facility.
(69) “Tracer or incendiary ammunition” means any ammunition causing or designed to cause
fires and includes a projectile or shell that traces its own course in the air with a trail of smoke,
chemical incandescence, or fire to facilitate adjustment of the aim of a firearm.
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(70) “Trap shooting” means a shotgun shooting sport where a shooter on the firing line shoots
at targets launched from a single launching point and generally away from the shooter.
(71) “U.S.C.” means the United States Code, as it now exists or is later amended.
(72) “WAC” means the Washington Administrative Code, as it now exists or is later amended.
8.50.230 Operating Permit Required.
(1) Commercial shooting facilities shall be authorized and operated in accordance with an
operating permit issued by the department. No proposed or established commercial shooting
facility may operate without an operating permit. Failure to obtain an operating permit shall result
in closure of the commercial shooting facility until such time a permit is obtained. Commercial
shooting facilities that operate without an operating permit are subject to enforcement, including
but not limited to injunctive relief. The operating permit shall govern the scope of operations of
each commercial shooting facility, and shall be issued, denied, or conditioned based upon the
standards set forth in this article.
(2) The operating permit is not alter the legal nonconforming use status and rights of
established commercial shooting facilities, which are governed by Title 18 JCC and the common
law, nor shall the operating permit authorize expansion of commercial shooting facility uses that
otherwise require approval pursuant to a conditional use permit or other land use permits per Title
18 JCC. An expansion as defined in JCC 8.50.220(22) of a commercial shooting facility shall
require a new operating permit.14
(3) Conditional Use Permit and Operating Permit for New Commercial Shooting Facilities
may be considered by the hearing examiner at the same time. If Tthe owner or operator of a
proposed new commercial shooting facility shall apply applies for an operating permit at the time
of and thea conditional use permit application, A hearing examiner considering a conditional use
permit application pursuant to Title 18 JCC shall review the operating permit application as part
of the review.a hearing examiner may consider both applications at the same time pursuant to
Chapter 2.30 JCC, but the requirements and procedures under this chapter and under JCC are
separate and distinct and must be followed separately.
(4) Provisional Operating Permit for Established Commercial Shooting Facilities.
(a) The owner or operator of an established commercial shooting facility in active use on the
effective date of the ordinance codified in this article shall apply for an operating permit not
later than one hundred eighty (180) days after the effective date of the ordinance codified in
this article or within such other period as established by the director in consultation with the
applicant.
(b) Subject to JCC 8.50.230(4)(c), an established commercial shooting facility must obtain an
operating permit within one year of the application required by JCC 8.50.230(4)(a).
(c) If the professional evaluation (JCC 8.50.240(6)) does not demonstrate full compliance with
this article, then a provisional operating permit may be issued by the director, provided: Life
14 This proposed change is from the Staff Report, 30.
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Safety Deficiencies. Aall life safety deficiencies identified in the professional evaluation must
be corrected prior to issuance of the provisional operating permit.
(d) Provisional operating permits do not vest the applicant to any Jefferson County Code
requirements.
i. Critical Area Deficiencies. Any proposed operation that likely threatens to cause a
detrimental impact to a critical area must be addressed to remove that threat prior to
issuance of the provisional operating permit.
ii. Other Deficiencies.
A. In consultation with the owner or operator, the Qqualified Sshooting Rrange
Eevaluator who performed the professional evaluation and the director will
establish a timeline for remedying all the other deficiencies noted in the
professional evaluation that are not life safety deficiencies or critical area
deficiencies.
B. If the director concludes that agreement on the timeline for correction of the
other deficiencies cannot be reached, the director shall provide written notice of
agreement to attend mediation to the applicant to be concluded within 60 days,
along with a proposed timeline for correction of the other deficiencies.
C. If the applicant does not agree to mediation within 7 days after the director
sends written notice, the timeline for correction of the other deficiencies proposed
by the director pursuant to JCC 8.50.230(4)(d)(ii)(B) shall be established.
D. The applicant may appeal the establishment of the timeline for correction
of the other deficiencies established pursuant to subsection JCC 8.50.230(4)(c)
(iii)(C) to the hearing examiner pursuant to Chapter 2.30 JCC.
E. The provisional operating permit shall be issued only on the condition of
acceptance by the applicant of the timeline established for correction of the other
deficiencies.
F. Failure to adhere to the timeline for correction of the other deficiencies may
result in a notice of correction served by the department on the owner or operator
of the commercial shooting facility.
G. Following a notice of correction, the director and the owner or operator of
the commercial shooting facility may meet to develop a compliance plan. The
compliance plan shall establish a reasonable and specific time frame for compliance
with the timeline for correction of the other deficiencies. The voluntary correction
process is optional as deemed by the director. If the director believes that the
requirements of a voluntary correction plan are not being met, the director shall
revoke the provisional operating permit.
H. Failure to adhere to the timeline for correction of the other deficiencies 30
days after issuance of the notice of correction or after failure to adhere to a
compliance plan shall constitute sufficient grounds for the director to terminate
immediately the provisional operating permit.
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I. Termination of a provisional operating permit by the director may be
appealed pursuant to JCC 8.50.260.
J. When all other deficiencies have been corrected, the director shall issue an
operating permit.
(5) Inspections and Annual Report Required.
(a) Pre-Operation Inspection. Prior to issuing any operating permit or provisional
operating permit, the department shall inspect the commercial shooting facility to
determine that the commercial shooting facility complies with any applicable conditional
use provisions required by Title 18 JCC and all the requirements in the approved operating
permit application.
(b) Annual report. The holder of the operating permit shall submit a report to the
department on an annual basis in a form required by the department. The annual report is
due each year on the last day of the same month the operating permit was issued. The
annual report shall include:
i. A written statement by the owner of the commercial shooting facility
declaring that the commercial shooting facility is compliant with the initial operating
permit approval;
ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a)-(e),
as submitted in the application; and,
iii. A current statement of general liability insurance and any monitoring data
required by an operating permit or any applicable conditional use permit issued pursuant
to Title 18 JCC.
(c) Annual Inspection. After issuance of an operating permit, commercial shooting
facilities shall be subject to an annual inspection by the department following submission
of the annual report required by this section. The department shall develop a checklist for
an annual inspection. The checklist for the annual inspection shall be provided to the
operator at the time the operating permit is issued and shall be effective during the term of
the operating permit.
(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon
receipt by the director of any of the following claims:
i. A claim of noncompliance with the operating permit; or,
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
i. The department shall have the authority to establish procedures for
noncompliance inspections.
ii. The department shall contact the commercial shooting facility within one
business day after receipt by the department of a claim pursuant to subsection
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
(d) and shall give the commercial shooting facility a written notice of the claim;
and,
iii. The owner or operator shall make the commercial shooting facility available
for inspection not later than two business days after receiving a request for an
inspection from the department.
(e) Following an annual inspection or a noncompliance inspection:
i. The department shall inform the owner or operator in writing of any
deficiencies or corrective actions to be taken, which may include any of the
actions authorized by subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken.
(f) Life Safety Incident. If the director determines there was a life safety incident:
i. The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set
forth each claimed life safety incident with a specific reference to applicable
violation of this article or operating permit and the corrective measures to be
taken;
iii. The owner or operator shall respond in writing to the written notice provided
by the director and shall take any necessary corrective measures within a
reasonable time, as determined by the department in consultation with the
operator;
iv. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken;
v. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director’s
determination in JCC 8.50.230(5)(f)(i) shall remain in effect.
(g) Effect of a Suspension of an Operating Permit. An operating permit that has been
suspended requires the commercial shooting facility to cease any firing activities
until the permit has been reinstated by the director.
(h) Land Use Permits Also May be Required. In addition to the operating permit
required by this article, land usea separate permit applications under may be
required under Title 18 JCC. Land use permit applications for a commercial
shooting facility shall be governed by Title 18 JCC.
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8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(1) Required Components. The application for a commercial shooting facility operating permit
shall contain a Safety and Environmental Health Plan with the components required in the
subsections that follow:
(a) Facility Design Plan;
(b) Safety ComponentPlan;
(c) Operations ComponentPlan;
(d) Environmental Health ComponentPlan;
(e) Sound Suppression ComponentPlan;
(f) Professional Evaluation;
(g) Certification; and,
(h) A list of all property owners prepared by a title company within the distance of the safety
fan, but no less than one mile.
Facility Design Plan.
(a) The Facility Design Plan for all indoor and outdoor commercial shooting facilities shall
contain the following elements:
i.Locations and dimensions of all walkways;
ii.Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed; and,
iii.The component parts for each shooting range.
(b) The Facility Design Plan for all outdoor commercial shooting facilities:
i. Locations and dimensions of firing lines or firing points, target lines and impact
areas including all related buildings;
ii. Locations, dimensions and slope of all backstops and side berms, whether natural
feature or manmade and the volume, source, and type of all materials of which they are
comprised;
iii. Locations and specifications of all baffles and containment structures;
iv. Location of all security measures specified in JCC 8.50.250(1);
v. The safety fan for each shooting range proposed;
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vi. Approximate location of buildings on adjoining property;
vii. Approximate location of any stream, river, lake, or other body of water within 500
yards of the commercial shooting facility.
viii. Dimensional drawings of physical layout for each of the items listed in this
subsection, drawn at an engineering scale appropriate for the drawings;
ix. Horizontal drawings of the baffles and containment structures, and a description
of the materials to be used for them;
x. For rifle and pistol shooting ranges:
A. Longitudinal cross-sections, with elevations, of that portion of each shooting
range from 10 feet behind each firing line to 10 feet beyond the downrange
terminus of each direct fire zone, 10 feet beyond the back toe of each backstop
if manmade, or if natural, 20 feet beyond the front edge of the backstop, as
applicable; and,
B. Latitudinal cross-sections, from 10 feet outside all side berms or the edge of
each safety fan, of typical areas between each firing line and backstop or
downrange terminus of the direct fire zone.
xi. For five-stand shooting, skeet shooting, sport clay shooting and trap shooting
ranges, the location and dimension of the shot fall zones and component parts; and,
xii. Elevations of all shooting ranges showing target area, backstops and berms.
(2) Safety ComponentPlan. The Safety ComponentPlan shall contain at least the following
elements:
(a) The safety fan for each shooting range proposed;
(b) Approximate location of buildings on adjoining property;
(c) Sign-in procedures, rules and regulations, and protocols for the use of shooting ranges;
(d) An emergency plan, to include provision for immediate notification to 911 of any life
safety incident and on the next business day to the department;
(e) Methods for documenting the accidental or unintended release of a bullet anywhere at or
from the commercial shooting facility, which documentation shall be transmitted to the
department within 7 days of the release;
(f) Provisions for the safe loading and unloading of firearms;
(g) A requirement that range masters and range officers shall complete the necessary training
and obtain certification to be a range master or range officer;
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
(h) A requirement that at least one range master or range officer be present when shooting is
occurring whenever the commercial shooting facility is open to the public;
(i) A requirement that when the commercial shooting facility is closed to the public, a
commercial shooting facility member who has passed the minimum training requirements of
the range shall be present;
(j) Provision for specific safety requirements for all cowboy action shooting, practical
shooting, and similar sports shooting matches at any shooting range;
(k) Rules and regulations for changing the use of shooting ranges from cold ranges to hot
ranges or vice versa;
(l) A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services; and,
(m) Provision for emergency services access by vehicle or air transport.;
(n) A requirement prohibiting the use of alcohol, Cannabis or other drugs at the commercial
shooting facility when it is open to the public or shooting is occurring.;
(o) A requirement that drones may not be flown by anyone on the commercial shooting
facility when open to the public or while shooting is being conducted.; and,
(p) A requirement that no shooting take place after dark at an outdoor shooting facility,15
except for law enforcement officers or members of the armed forces provided such shooting
after dark for law enforcement officers or members of the armed forces does not occur after
10 p.m., shooting does not exceed four hours, and the maximum days shooting after dark is
allowed does not exceed one day per week.
(q) A requirement that no shooting take place outside of an indoor facility.16
(3) Operations ComponentPlan. The Operations ComponentPlan shall contain at least the
following elements:
(a) The days of the week and the hours of operations;
(b) Whether the commercial shooting facility will be open to the public, open only to private
membership, open to training for groups or organizations, or any combination of these;
(c) A description of any activities that would not be overseen by the owner or operator and
how the owner or operator will obtain compliance with the operating permit for these
activities.
(d) The types and largest caliber of firearms and ammunition to be allowed on each shooting
range;
15 Proposed change to make clear shooting inside an indoor facility can be after dark.
16 Proposed change to make clear shooting outside of an indoor facility is prohibited. Eliminates a potential
loophole created by the change to subsection (p).
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
(e) Type of shooting proposed on each shooting range;
(f) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
(g) A requirement that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars for each
occurrence and combined single limit and two million in the aggregate during operation
of the commercial shooting facility;
(h) A requirement that certificates of insurance for all policies that provide insurance
coverage for the commercial shooting facility be provided to the department evidencing
continuous insurance coverage required by the Operations Plan within fifteen (15) days
of approval of the Operations Permit that include:
i. The limits of coverage;
ii. The names and addresses of all certificate holders; and,
iii. A statement that the insurance policy shall not be canceled or allowed to expire
except on thirty (30) days prior written notice to the department.
(i) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
(4) Environmental Health ComponentPlan. Each commercial shooting facility operator shall
develop and submit anThe Environmental Componentplan withshall contain the following
minimum requirements:
(a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.
(b) Approximate location of any stream, river, lake, or other body of water within 500 yards
of the commercial shooting facility.
(c) At indoor facilities, BMPs for lead as recommended by the National Institute for
Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert –
Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later
is amended.
(d) At outdoor shooting facilities, BMPs for lead as recommended by USEPA Region 2 in its
2005 publication entitled Best Management Practices for Outdoor Shooting Ranges, as it
exists now or later is amended.
(e) If, other than lead, any hazardous substance or hazardous waste will be keptstored at the
commercial shooting facility, the Environmental Health ComponentPlan also shall
include:
i. A plan for compliance with requirements under existing law for the handling and
closure of facilities for storage or use of the hazardous substance or hazardous waste;
and,
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ii. A plan for financial assurance consistent with existing law for addressing any
remediation of hazardous substances or hazardous waste.
(e) For the avoidance of doubt, this article neither seeks to set nor does set any substantive
environmental standards, including but not limited to standards for any hazardous
substance or hazardous waste, including but not limited to lead.
(5) Sound Suppression ComponentNoise Abatement Plan. Each commercial shooting facility
operator shall develop and submit a noise abatement plan. The sound suppression
component shall contain the following minimum requirements:
(a) Identify potential sound issues and potential solutions to those issues;
(b) Describe proposed methodologies and technologies to suppress soundmitigate noise from
operations proposed for the facility;
(c) Provide a description of how the sound suppression component will be integrated into
yearly planningimplemented on a yearly basis; and,
(d) Contain BMPs to maximize sound suppressionnoise abatement consistent with the NRA
Source Book and Chapter 8.70 JCC (noise control).
(6) Professional Evaluation.
(a) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(b) If requested, the applicant shall allow for an inspection of the site of the new or
established commercial shooting facility by the qualified shooting range evaluator.
(c) The Professional Evaluationqualified shooting range evaluator shall contain an
evaluation of the operating permit application that shall be performed by a qualified
shooting range evaluator (as defined above) that meets the following minimum
requirements provide a written evaluation of the level of safety of the operations
proposed in the operating permit application, which shall contain:
i. The evaluation shall discuss Any An evaluation of all safety issues not addressed
by the operating permit application;
ii. Any An evaluation of all proposed usesoperations that are inconsistentto ensure
consistency with the NRA Range Source Book for facility designs and
institutional controls;
iii. The evaluation shall include An evaluation of whether the commercial shooting
facility’s operationsuses and institutional controls described in the application for
an operating permit minimize threatened harm;
iv. The evaluation shall be in written form and signed byThe signature of the
qualified shooting range evaluator;
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v. For new commercial shooting facilities, the evaluation shall certify a certification
that the operating permit application satisfies all the requirements of this article.
vi. For established commercial shooting facilities, the evaluation shall classify the
ways in which the facility is currently non-compliant with this article according to
the following priorities:
A. Life safety issues or critical area deficiencies that must be remedied prior to
issuance of an operating permit; and,
B. Facility design componentsProposed operations that do not meet the safety
objectives of this article.; and,
C. Facility design components that do not mitigate detrimental effects of the
facility on critical areas.
(d) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates,
less the application fee) of the evaluation. No operating permit shall be issued until
reimbursement to the county is made.
(e) The applicant may challenge the evaluation by appealing the professional evaluation to
the hearing examiner pursuant to JCC 8.50.260.
(c) Certification.
(a) Every application for an operating permit for a new commercial shooting facility shall be
accompanied by a notarized certification by the operator that specifies the commercial
shooting facility:
i. Complies with this article;
ii. Meets commonly accepted shooting facility safety and designoperations practices;
and,
iii. Shall be operated in a manner that protects the safety of all persons present at the
commercial shooting facility and persons on neighboring properties.
(b) Every application for an operating permit for an established commercial shooting facility
shall be accompanied by a notarized certification by the operator that specifies the
following:
i. The operator will abide by the improvement plan agreed upon as a condition of the
issuance of the operating permit;
ii. Areas of non-compliance at the commercial shooting facility will not increase over
time;
iii. That as much as possible the facility meets commonly accepted shooting facility
safety and designoperations practices; and,
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iv. That the facility shall be operated in a manner that protects the safety of all persons
present at the commercial shooting facility and persons on neighboring properties.
(9) Notice and Comment.
(a) The director shall issue a notice of application for on all commercial shooting facilities.
(b) The notice of application shall include the following:
i. The name and address of the applicant or the applicant’s representative;
ii. The date of application, the date of the notice of completion for the application, and
the date of the notice of application;
iii. The street address location of the project or, if unavailable, a description of the
subject property reasonably sufficient to inform the public of its location, which may
include a vicinity location (map), the location in reference to roadway intersections,
or a written description (rural route box or subdivision lot and block alone are not
sufficient);
iv. The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application, to the extent known by the county;
v. The name and phone number of the person at the department evaluating the
application;
vi. A statement of the limits of the public comment period, which shall be 30 calendar
days following the date of the notice of application;
vii. Statements of the right of any person to comment on the application, receive notice of
and participate in any hearings, request a copy of the decision once made, and any
appeal rights;
viii. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed commercial shooting facility’s consistency with
this article;
ix. The date, time, place of hearing, if applicable, and if scheduled prior to the date of the
notice of application;
x. A statement of when and where a copy of the application, all supporting
documentation and evidence relied upon by the applicant, and applicable
development regulations may be available for public inspection;
xi. A statement that a copy of any staff report will be available for inspection at no cost
to the public at least 7 calendar days prior to any public hearing (if applicable); and,
xii. Any other information the administrator determines appropriate.
(c) The director shall issue the notice within 14 calendar days of receipt of an application for
a commercial shooting facility.
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(d) The notice of application shall be sent by mail to the applicant and to all property owners
identified in JCC 8.50.240(1)(h).
(e) The notice of application shall also be published in the official county newspaper at least
once. Published notice shall include the proposed commercial shooting facility’s road or
street address or location, type(s) of permit(s) all applied for concerning the commercial
shooting facility, comment period dates, and location where the complete application and
notice of application may be reviewed.
(f) The department shall be responsible for preparation of the list of all property owners
identified in JCC 8.50.240(1)(h); provided, that the director retains the authority to
require the applicant to supply and certify the list of all property owners identified in JCC
8.50.240(1)(h) in circumstances where the information is not readily available to the
county. The department shall obtain addresses for mailed notice from the county’s
geographic information system (GIS) or real property tax records. The director shall
make a notation in the file affirming mailing of notice to all persons entitled to notice
under this article.
(g) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first.
(h) Failure to send notice by mail shall not invalidate such proceedings where the owner
appears at the hearing or receives actual notice.
(i) As optional methods of providing public notice of any operating permits, the county may:
i. Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
ii. Notify the news media;
iii. Place notices in appropriate regional or neighborhood newspapers or trade journals;
iv. Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
v. Mail to neighboring property owners; or,
vi. Place notices on the Internet.
(j) The county’s failure to provide the optional notice as described above shall not be
grounds for invalidation of any operating permit decision.
(k) The comment period shall be 30 calendar days from the date of the published notice of
application.
(l) Comments may be mailed, personally delivered or sent by facsimile.
(m) Comments shall be as specific as possible.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
(n) The director will receive public comments during regular business hours any time up to
and during the open record hearing, if any, or if there is no pre-decision hearingopen
record hearing, prior to the decision on the operating permit.
(o) The county may not issue a decision or recommendation on the operating permit until the
expiration of the public comment period on the notice of application.
(p) The applicant shall reimburse the county for the actual costs incurred for providing
notice. No operating permit shall be issued until reimbursement to the county is made.
8.50.250 Minimum Standards.
(1) Required Security. Commercial shooting facilities shall provide security measuresbe operated
to deter unauthorized entry to any shooting range, such as barriers, berms, cameras, gates,
fencing, on-site security personnel, physical limits, or signage.
(2) Containment. Commercial shooting facilities shall be designed and operated so that when
firearms are operating in accordance with the rules and regulations (as defined above) there is
containment, thereby minimizing threatened harm all projectiles are kept from leaving any
shooting range or the commercial shooting facility.17
(3) Critical Areas.Operations Cannot Create a Nuisance. The operation of commercial shooting
facilities shall not create a public nuisance.Commercial shooting facilities shall be designed
and operated to prevent adverse impacts to critical areas.
8.50.260 Administrative Remedy for Decisions Made by the Director.
When a decision is made by the director pursuant to the provisions of this article, an applicant or
any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures
in Chapter 2.30 JCC (Hearing Examiner Code) by providing written notice of appeal to the
director within 14 calendar days of the decision. The fee for such appeal shall be as set forth in
the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the
notice of appeal.
8.50.270 Judicial Appeals.
(1) Time to File Judicial Appeal. Within 21 calendar days of the date the decision or action
becomes final, the applicant or any aggrieved party may appeal the final decision of the
director or the hearing examiner to a court of competent jurisdiction in a manner consistent
with state law.
(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to
filing a judicial appeal.
(3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in JCC 8.50.240(1)(h), within the applicable time period. This requirement is
jurisdictional.
17 Proposed change from Staff Report, 30.
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(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of
transcribing and preparing all records ordered certified by a court or desired by the person
who filed the notice of appeal. Prior to the preparation of any records, the person who filed
the notice of appeal shall post with the county auditor an advance fee deposit in an amount
specified by the county auditor. Any overage will be promptly returned.
8.50.280 Safe Harbor for Owners and Operators.
Full compliance with an operating permit creates a rebuttable presumption that the commercial
shooting facility is not being operated as a nuisance. For the avoidance of doubt, tThe burden of
proving full compliance is on the owner or operator.
8.50.290 Reports of Violations of this Article.
(1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or
operator of the commercial shooting facility as soon as possible, but no later than two
business days from the receipt of the report of violation.
(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at
least two years following receipt of a report of violation.
(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation
shall be addressed by the department and the owner or operator of a commercial shooting
facility.
(5) Response to Reports of Violation.
(a) Name of Informant. All reports of violation shall be encouraged to include the name of
an informant with current contact information for use in the investigation.
(b) Expedited Response. The sheriff shall respond to reports of life safety incidents or
threatened harm that violate this article as soon as practical, considering the nature of the
report of violation and the other operational demands on the sheriff at the time the report
of violation is received.
(c) Routine Response. Other reports of violation shall be evaluated by the department for
investigation. In consultation with the sheriff, the department shall develop a procedure
for addressing other reports of violation.
(d) Noise Only Response. When the report of violation is limited to a claim of noise
nuisance, the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC
(Noise Control).
8.50.300 Review Committee.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
The county board of commissioners may require the director to establish a review committee to
evaluate proposed revisions to this article. The review committee shall consist of: (a) the
director of the department of community development or the director’s designee (chair); (b)
Jefferson County Sheriff or the Sheriff’s designee; (c) Jefferson County Director of
Environmental Health or the director’s designee; (c) a representative of each current commercial
shooting facility in unincorporated Jefferson County; (d) a resident or property owner from each
of the three districts of Jefferson County; (e) one representative of tribal interests, if interested;
and (f) one at large Jefferson County resident or property owner appointed by the county board
of commissioners; and (g) one member of the Jefferson County Planning Commission. The
Jefferson County Prosecuting Attorney (or designee) shall be an ex officio member ofadvisor to
the review committee but shall not be required to attend every meeting of the review committee.
All Review Committee meetings shall be subject to the requirements of the Open Public
Meetings Act, Chapter 42.30 RCW.
8.50.310 Limitations on the Applicability of this Article.
(1) This article does not place physical controls on development of land, does not control land use
activities, and does not modify any applicable conditional use approval criteria under Title 18
JCC.
(2) Nothing in this article shall be construed as establishing zoning, subdivision control, platting
or adoption of detailed maps to control the physical development of Jefferson County.
(3) The mention of members of armed forces in this article is neither a statement of authorization
or prohibition by the county of training by units of the armed forces at any commercial shooting
facility. Any disclosure requirements in this article related to members of the armed forces or
law enforcement officers only requires information to be provided to regulate the operations
at a commercial shooting facility under this article. The mention of members of the armed
forces in this article does not change any provision in Title 18 JCC, including but not limited
to uses authorized or conditional use approval criteria.
(4) This article requires BMPs for compliance with existing substantive environmental standards.
However, this article does not create any substantive land use environmental standards,
including but not limited to standards for critical areas, shoreline management, or storage of
any hazardous substance or hazardous waste.
(5) This article does not vest or provide non-conforming status under any provision of the JCC.
An operating permit issued under this article does not alter the legal nonconforming use status
and rights of established commercial shooting facilities, which are governed by Title 18
JCC and the common law, nor shall the operating permit authorize expansion of commercial
shooting facility uses that otherwise require approval pursuant to a conditional use permit or
other land use permits per Title 18 JCC.
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
(6) Nothing in article shall be construed as:
(a) Authorizing an application or a permit for an outdoor commercial shooting facility to be
located in whole or in part in an area designated as an area where the discharge of firearms
is prohibited under Chapter 8.50 JCC. Shooting rangesOutdoor shooting facilities in such
areas are expressly prohibited.
(b) Permitting the discharge of firearms, the ownership or possession of which is otherwise
prohibited by law.
(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
(d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal
law.
(e) Allowing or authorizing the discharge of tracer or incendiary ammunition.
(f) Allowing or authorizing the discharge of a destructive device as that term is defined in 25
U.S.C. Section 5845(f) or any explosive as that term is defined in RCW 70.74.010(5).
(g) Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C.
Section 5845(b) or RCW 9.41.010(17), unless specifically authorized under RCW
9.41.190(3).
(h) Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun
as those terms are defined in RCW 9.41.010, unless specifically authorized under RCW
9.41.190(3).
(i) Permitting a commercial shooting facility to maintain or create a public nuisance as defined
in Chapter 7.48 RCW, JCC 5.10.050, JCC 8.20.140, JCC 8.30.020, JCC 8.55.070, Chapter
8.70 JCC, Chapter 8.90 JCC, JCC 15.05.100, or Title 18 JCC.
(j) Abridging or altering the rights of action by the state, by the county or by persons, which
exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
(k) Limiting a court of competent jurisdiction from:
i. Ruling that a commercial shooting facility is a public nuisance; or,
ii. Requiring additional noise, environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(l) Nullifying or rendering void the terms of any existing or future injunctive order issued by
a court of competent jurisdiction pertaining to operations or activities at a shooting range
or commercial shooting facility.
8.50.320 Warning and Disclaimer of Liability.
The degree of protection required by this article for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This article does not imply that
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EXHIBIT 2 (STAFF’S REVISIONS TO PC’S RECOMMENDED TITLE 8 ORDINANCE)
commercial shooting facilities will be free from risk of bodily injury or property damage, even if
operated consistently with an operating permit. This article does not create liability on the part of
the county or any officer or employee of the county for any bodily injury or property damage that
results from reliance on this article, or any administrative decision made lawfully under this article,
including but not limited to the decision to approve the application for an operating permit. By
regulating commercial shooting facilities, the county is attempting to address obvious safety and
environmental issues at commercial shooting facilities. Neither this article nor an operating permit
issued pursuant to this article may be relied upon as a determination that operation of a commercial
shooting facility consistent with an operating permit renders the commercial shooting facility free
from the risk of bodily injury or property damage.
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Repealing and Replacing
Ordinance 15-1214-18 and Amending Title
18 Jefferson County Code related to
Commercial Shooting Facilities
}
}
}
}
ORDINANCE NO. __________
WHEREAS, Article XI, Section 11 of the Washington State Constitution, confers upon
county legislative authorities the police power to adopt regulations necessary to protect the health,
safety, and well-being of its residents as are not in conflict with general laws; and,
WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulations within its boundaries, and counties may only enact
ordinances as expressly authorized by RCW 9.41.300; and,
WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a
county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where
there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so
long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section
24 of the state Constitution to bear arms in defense of self or others; and,
WHEREAS, Article VI of the United States Constitution states that “This Constitution,
and the laws of the United States which shall be made in pursuance thereof; and all treaties made,
or which shall be made, under the authority of the United States, shall be the supreme law of the
land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of
any State to the contrary notwithstanding;” and,
WHEREAS, Article I, Section 2 of the Washington State Constitution states, “The
Constitution of the United States is the supreme law of the land;” and,
WHEREAS, there is a fundamental principle of Washington law sometimes called “the
preemption doctrine,” that derives from Article VI of the United States Constitution, Article I,
Section 2 of the Washington State Constitution, Article XI, Section 11 of the Washington State
Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the
“Supremacy Principle,” which holds that a higher authority of law will displace the law of a lower
authority of law when the two authorities come into conflict; and,
WHEREAS, under the Supremacy Principle, state statutes and regulations cannot conflict
with the United States Constitution, the Washington Constitution, and federal laws; and, local
ordinances and regulations cannot conflict with the United States Constitution, federal laws, the
Washington Constitution, or state laws; and,
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
WHEREAS, Article I, Section 32 of the Washington State Constitution states, “A frequent
recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government;” and,
WHEREAS, the Jefferson County Code does not prohibit individuals from training and
practicing with weapons outdoors on private property except in lawfully established no shooting
areas;
WHEREAS, Jefferson County owns property on which an outdoor shooting facility exists
that is open to the public and is operated by the Jefferson County Sportsmen’s Association (JCSA)
under a license that is in effect until December 31, 2040, where individuals can train and practice
shooting;
WHEREAS, JSCA has posted to its website a true and accurate diagram of the JCSA
facility at http://jeffersoncountysportsmen.org/wp/:
WHEREAS, according to the United States Supreme Court, the Second Amendment at its
core protects the right of law-abiding, responsible citizens to use arms in defense of hearth and
home;
WHEREAS, Jefferson County staff has performed an analysis and determined that indoor
commercial shooting facilities actually could be sited, assuming compliance with existing
provisions in Title 18 JCC and the Planning Commission Recommendation that commercial indoor
shooting facilities be allowed only as a discretionary use in all commercial and industrial zoning
districts (except resource based industrial zoning district), subject to review under the State
Environmental Policy Act that is presented in a Technical Memorandum attached as Exhibit A to
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
a February 7, 2020 staff report that demonstrates that under the zoning scheme adopted in this
Ordinance;1
WHEREAS, this Ordinance protects the rights of citizens under Washington Constitution
Article I, Section 24 and the Second Amendment to the United States Constitution; and,
WHEREAS, local governments have considerable latitude in exercising police powers and
a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable
and substantial relation to accomplishing the purpose being pursued; and,
WHEREAS, Jefferson County is required to under RCW 36.70A.040 to plan under the
Growth Management Act and must implement its Comprehensive Plan through development
regulations; and,
WHEREAS, Jefferson County Code (JCC) 18.45.090 permits the County to amend their
development regulations when the amendment is consistent with the Comprehensive Plan and after
referral and consideration by the Planning Commission; and,
WHEREAS, RCW 36.70A.060 requires that development regulations assure the
conservation of natural resource lands; and,
WHEREAS, due to the amount of land in Jefferson County owned by the federal and state
governments, areas of protected shorelines, and limited water and septic capacity in other areas of
Jefferson County, there are limited areas where residents can live; and,
WHEREAS, widely disseminated information exists about uncontrolled incidents at
shooting ranges outside of Jefferson County where people’s safety has been threatened; and,
WHEREAS, commercial shooting facilities are best developed using the best available
source information on ensuring minimizing risks from the discharge of firearms and ensuring the
greatest level of public safety both on and off these facilities; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which
provides the best available guidance to assist in safely planning, designing, constructing and
maintaining shooting range facilities, makes clear that following these published best practices
minimizes but does not eliminate risks associated with the use of firearms either on or off the
range; and,
WHEREAS, the NRA 2012 Range Source Book, states, “During the planning and design
phases of a project, safety must be paramount and health and safety considerations are twofold:
(2) ensuring the health and safety of participants, staff and spectators, and (2) ensuring the health
and safety of surrounding inhabitants;” and,
WHEREAS, at outdoor commercial shooting facilities and their surrounding areas, there
is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and,
1 Staff’s proposed changes to further demonstrate compliance with the Supremacy Principle.
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
WHEREAS, Jefferson County experienced a substantial increase in population density in
areas proximate to its existing commercial shooting facilities and the County has an interest in
ensuring the compatibility of commercial shooting facilities with their surroundings and in
minimizing potential safety hazards created by the operation of commercial shooting facilities;
and,
WHEREAS, public complaints about lack of safety and nuisance noise arising from the
operation of commercial shooting facilities in unincorporated Jefferson County have called on the
scarce resources of Jefferson County’s emergency management system and the Sheriff’s Office,
which has the effect of diminishing the availability of these resources for emergency services; and,
WHEREAS, Jefferson County has rural areas where commercial shooting facilities may
be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance which allows only indoor commercial shooting ranges would promote public safety and
preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its
residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and,
WHEREAS, target shooting on both national forest lands and state-owned lands
(Department of Natural Resources lands) is permitted unless a specific area has been closed for
public safety; and,
WHEREAS, about twenty percent of the land-base in Jefferson County falls under this
managementis zoned Rural residential (RR-5, RR-10 or RR-20), where dispersed target shooting
can be carried out by anyone who has legal possession of a firearm, provided their property is not
in a no shooting area designated in Article II of Chapter 8.50 JCC and they do not discharge the
firearm recklessly; and, 2, 3
WHEREAS, such dispersed, sporadic sport-oriented target shooting is less impactful,
from both a noise impact and a human health impact, than the concentrated impacts posed by
outdoor commercial shooting facilities; and,
WHEREAS, the BoCC finds it is in the public interest to provide for indoor commercial
shooting facilities in Jefferson County in the face of increasing population pressure and the limited
space where people can live and the extensive percentage of Forest Resource Lands; and,
WHEREAS, the Jefferson County Comprehensive Plan Vision Statement approved in
2018 states that “Jefferson County honors and respects the natural world as integral to our health
and lifestyles. The County protects open spaces, shorelines, forests, clean air and clean water,
wildlife and wildlife habitat so that future generations may also practice stewardship of the land,
the seas, and the communities of Jefferson County”; and,
2 Footnotes in this draft ordinance will be removed in the final. They are meant only as a means of explaining
proposed changes, if necessary. All changes are in red typeface, with new language underlined and proposed
deletions in strikeout.
3 Proposed change from Staff Report, 21.
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
WHEREAS, Jefferson County’s Comprehensive Plan states that development should
ensure that the County’s quality of life is preserved as it is enhanced; and,
WHEREAS, the Jefferson County Comprehensive Plan states that the County’s
agricultural and forest working lands of long-term commercial significance should be protected
and conserved; and,4
WHEREAS, the Jefferson County Comprehensive Plan states that the County should
conserve the environment, ecologically sensitive areas, natural surface water and recharge areas,
and preclude development and land uses that are incompatible with critical areas; and,
WHEREAS, the Jefferson County Comprehensive Plan states that the purpose of the
rural forest land zonesdistrict 5is to ensure forest lands of long-term commercial 6significance are
protected from incompatible uses thereby sustaining the ability of forest resource extraction
activities to be maintained as a viable commercial activity, while allowing for diversity in the
size of forest tracts; and,
WHEREAS, without best management practices such as those suggested by the United
States Environmental Protection Agency Region 2 in its 2005 publication entitled Best
Management Practices for Outdoor Shooting Ranges (USEPA 2005), lead and other heavy
metals released at shooting ranges could negatively impact human health and the
environmentand other heavy metals at shooting ranges are distributed through spent ammunition,
propellants, “lead rain”, shattered bullets, and errant rounds,7
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils, ground
and surface waters, and persist in the environment, bioaccumulating up the food chain; and,
WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and
animals alike; and,
WHEREAS, noise pollution above certain levels, particularly persistent, repetitive,
percussive noise pollution associated with shooting ranges, is deleterious to humans and animals
alike; and,8
WHEREAS, noise at outdoor shooting facilities is much more likely to generate
complaints by nearby residents, than noise at indoor shooting facilities; and,9
WHEREAS, greater technology exists to control such noise pollutionimpacts at indoor
shooting facilitiesranges but notthan at outdoor commercial shooting facilities, where there are
no known methods to completely control or eliminate noise leaving commercial outdoor
commercial shooting facilities that can reach and negatively impact humans, domestic and wild
4 Proposed change from Staff Report, 21, modified slightly.
5 Proposed change from Staff Report, 24.
6 Staff’s proposed change for consistency.
7 Proposed change from Staff Report, 25-26.
8 Proposed change from Staff Report, 26.
9 Proposed change from Staff Report, 26.
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
animals unless the outdoor shooting range’s noise is mitigated through best management
practices and the outdoor shooing range is properly operated, and where such impacts cannot be
fully mitigated; and,10
WHEREAS, properly maintained state of the art HVAC keep air clean for clients and
workers; and, 11
WHEREAS, bullet traps at indoor shooting ranges now provide total the maximum
possible containment for spent ammunitionbullets, and contaminants which can be reclaimed and
recycled, thereby minimizing any resulting contamination and protecting the County’s human
health and natural resources; and,12
WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2, 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial
shooting facilities; and,
WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development
regulation as defined in the Growth Management Act (Chapter 36.70A RCW); and,
WHEREAS, the BoCC had a reasonable belief that Ordinance No. 15-1214-18 protected
natural resource lands, as required by RCW 36.70A.060; and,
WHEREAS, on September 16, 2019, the Western Washington Growth Management
Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c,
which invalidated the Title 8 Ordinance on the basis that it was a development regulation under
the Growth Management Act and was invalid because it had not been reviewed under the State
Environmental Policy Act (Chapter 43.21C RCW) and did not comply with the County’s public
participation process which requires consideration by the Jefferson County Planning Commission;
and,
WHEREAS, the Growth Board’s September 16, 2019 decision invalidated Ordinance 12-
1102-18 and Ordinance No. 15-1214-18 under the Growth Management Act and remanded them
to Jefferson County to achieve compliance as addressed in the Final Decision and Order with
compliance due on March 2, 2020; and,
WHEREAS, the Growth Board’s September 16, 2019 decision criticized Ordinance No.
15-1214-18 because it modified the previous shooting facility regulations which only allowed
small-scale recreation and tourist uses defined as isolated uses that are leisure or recreational in
nature; and,
WHEREAS, the County finds that the small-scale tourist and recreation limitations, along
with other development regulations contained in this Ordinance assure the conservation of natural
resource lands, as required by RCW 36.70A.060; and,
10 Proposed change from Staff Report, 27, modified slightly to focus on operations.
11 Proposed change from Staff Report, 27.
12 Proposed change from Staff Report, 28.
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EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and
Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance
with the Growth Board’s remand; and,
WHEREAS, the Growth Management Act regulations at WAC 365-196-725(1) require
that the County consider the Supremacy Principle, which states: “Comprehensive plans and
development regulations adopted under the act are subject to the supremacy principle of Article
VI, United States Constitution and of Article XI, Section 11, Washington state Constitution;” and,
WHEREAS, Policy LU-P-1.2 of the 2018 Comprehensive Plan states that the County must
follow the supremacy principle and “Acknowledge and protect the rights of private property
owners in preparing land use, development, and environmental regulations, prohibit arbitrary and
discriminatory actions, and preserve reasonable uses for regulated properties;” and,
WHEREAS, because this Ordinance is a development regulation under the Growth
Management Act, the County utilized its public participation process for comprehensive plan
amendments and development regulations required by the Growth Management Act, including
consideration by the Jefferson County Planning Commission; and,
WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act and the has utilized County’s public participation process, including consideration by the
Jefferson County Planning Commission; and,
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Repeal and Replacement of Ordinance No. 12-1214-18 and amendingModification of
Title 18 JCC. Ordinance No. 15-1214-18 (Title 18 – Land Use Code) is repealed and replaced
with this ordinance. Title 18 JCC is amended as in the attached Appendix.13 Title 18 JCC shall be
amended to allow indoor shooting ranges as a discretionary commercial use in all commercial,
industrial and general crossroads zones, subject to review under the State Environmental Policy
Act. Title 18 JCC shall further be amended to state that outdoor shooting ranges, except for those
with that qualify for as a legal nonconforming use under JCC 18.20.260, shall not be allowed in
Jefferson County in order to protect the rural lifestyle, peace, health and safety of Jefferson County
residents as well and to avoid impacts to both wild and domestic animals. Title 18 JCC shall be
modified as set forth in Appendix A.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements)
as its findings of fact in support of this Ordinance.
Section 3. No Effect on the Moratorium Adopted in Ordinance No. 14-1209-1911-0923-19.14 The
moratorium in Ordinance No. 14-1209-1911-0923-19 is not terminated by the adoption of this
Ordinance and continues until the BoCC determines that the need for a moratorium has ended or
until the moratorium terminates of its own accord, if not subsequently extended by the BoCC
pursuant to state law.
13 Proposed change from Staff Report, 31.
14 Correction to the most recent moratorium ordinance.
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Section 4. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual
costs incurred (including consultant work) for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 6. SEPA Compliance. [DESCRIBE SEPA COMPLIANCE HERE.] On January 13, 2020
the SEPA responsible official issued a determination of nonsiginficance (DNS) after reviewing a
January 6, 2020 SEPA Checklist (Checklist). Consistent with RCW 43.21C.030(2), WAC 197-11-
060, and Washington State Department of Ecology, State Environmental Policy Act Handbook,
43 (2018), the Checklist analyzed five non-project alternatives, including the December 3, 2019
recommendation of the Jefferson County Planning Commission, in addition to the no-action
alternative. Five written comments were received timely on the DNS. All these written comments
make claims that are belied by a careful review of the Checklist. None of the written comments
were from state or federal agencies or Indian Tribes.15 Detailed responses to all of the were sent
that address all the concerns raised in the comments. After considering all the comments and
providing detailed responses to all of them the SEPA responsible official determined to retain the
DNS on February 20, 2020. Consistent with Department of Ecology SEPA policy, a memorandum
signed by the SEPA responsible official was emailed to the Department of Ecology on February
20, 2020 and placed in the Department of Community Development’s project file.16
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
15 Proposed change from Staff Report, 31.
16 Proposed change suggested in Staff Report, 31, but modified to be consistent with retention of DNS on February
20, 2020.
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ADOPTED this _____ day of _________________________ 2019, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
Greg BrothertonKate Dean, Chair
______________________________
David Sullivan, Member
ATTEST: ______________________________
Kate DeanGreg Brotherton, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.020 B definitions.
“Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually directly
behind the target line.
“Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress sound
waves.
“Berm” means an embankment used for restricting bullets to a given area, as a protective or
dividing wall between shooting areas, or for noise abatement.
“Bullet” means a single projectile fired from a firearm.
18.10.030 C definitions.
“Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility
designed and specifically designated for safe shooting practice with firearms, whether open to the
public, open only to private membership, or any combination of the above that for the use of the
commercial shooting facility requires a contract, charges a fee or other compensation, or requires
membership. In addition, where property is used primarily for lawful shooting practice for guests
of the owner, and where the other uses of the property either facilitate shooting practice or are
incidental, intermittent or occasional, it is presumed that the property used for lawful shooting
practices is a commercial shooting facility. The term “commercial shooting facility” does not
include:
(a) Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington; and,
(b) Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or the owner’s guests without payment of any compensation to the owner of
the privately-owned property or to any other person. For the avoidance of doubt, where
privately owned property is used primarily for lawful shooting practice for guests of
the owner, and where the other uses of the property either facilitate shooting practice
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or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
18.10.060 F definitions.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. Section 921(a)(2).
“Firing line” means a line parallel to the targets from which firearms are discharged.
“Firing point” means a location from which one individual fires at an associated target located
down range.
18.10.080 H definitions.
“Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated as
hazardous or mixed waste by the United States EPA.
18.10.090 I definitions.
“Impact area” means the area in a backstop or bullet trap directly behind the target where bullets
are expected to impact or the area downrange where bullets will impact if not captured by a
backstop or bullet trap.
“Indoor shooting facility” means a commercial shooting facility within a fully enclosed structure,
including lawful incidental sales of firearms, ammunition, component parts and accessories.
18.10.130 M definitions.
“Minimal impacts” means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval.
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“Minimal demands on existing infrastructure” means demands that do not cause the need for
additional infrastructure, including but not limited to roads, fire protection, water, wastewater
disposal or stormwater control that is not provided by the applicant.
18.10.140 N definitions.
“NRA Range Source Book” has the same meaning as in JCC 8.50.220(39) means the 2012
version of the NRA Range Source Book published by the National Rifle Association.
18.10.150 O definitions.
Outdoor Shooting Range. (See “Shooting range.”)
“Outdoor shooting facility” means a commercial shooting facility that is not an indoor shooting
facility.
18.10.160 P definitions.
“Physical containment” with respect to a commercial shooting facility means the use of physical
barriers that are sufficient to contain the projectile from the highest power firearm used on a
shooting range when the shooting range is used in accordance with its operating permit. Physical
containment may include but is not limited to baffles, sidewalls, backstops and berms of adequate
design, quantity, and location to ensure that projectiles cannot escape the commercial shooting
facility.
“Projectile” means an object fired from a firearm.
18.10.170 Q definitions.
“Qualified Shooting Range Evaluator” means a person who has been an NRA range technical
team advisor or who is a professional engineer with expertise in the design of shooting ranges.
18.10.180 R definitions.
“Recreational uses” means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
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“Rules and regulations” with reference to a commercial shooting facility means requirements used
for the safe operation of a commercial shooting facility.
18.10.190 S definitions.
“Shooting range” consists of a firing line or firing points, and an impact area.
“Small-scale recreation or tourist uses” means recreational uses or tourist uses that are reliant
upon a rural setting or location; do not include any new residential development beyond that
allowed in the underlying land use district; and otherwise meet the performance standards in JCC
18.20.350.
8.10.200 T definitions.
“Target” means a mark to shoot at.
“Target line” means the line where targets are placed.
“Tourist uses” means used by persons traveling for pleasure or culture.
8.10.210 U definitions.
“U.S.C.” means the United States Code, as it now exists or is later amended.
18.15.040 Categories of land use.
Land uses regulated under this code are divided into four categories, as identified in Table 3-1.
(1) Uses Allowed. Uses allowed subject to meeting the applicable performance standards
(Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable
provisions of this code (including project permit approval, see Chapter 18.40 JCC, if a building
or other development permit is required) are designated by a “Yes.”
(2) Discretionary Uses. Discretionary uses are certain named and all unnamed uses which may
be allowed subject to the applicable development and performance standards (Chapters 18.20
and 18.30 JCC) and an administrative review of potential impacts are designated by a “D” (for
“discretionary”). On the basis of the administrative review, the administrator may classify the
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proposed “D” use as either an allowed use, a prohibited use, or a conditional use in the particular
land use district affected.
Discretionary, “D,” uses are subject to a Type II administrative review as specified in Chapter
18.40 JCC. Decisions classifying “D” uses made under this section may be appealed to the
hearing examiner (see Chapter 18.40 JCC). The administrator may classify the discretionary use
as an allowed “Yes ” use in the particular district affected, only if the proposed development:
(a) Complies with the applicable development standards of Chapter 18.30 JCC;
(b) Complies with the performance and use-specific standards unique to the proposed use
specified in Chapter 18.20 JCC;
(c) Is appropriate in design, character, and appearance with the goals and policies for the land use
designation and district in which the proposed use is located;
(d) Is consistent with the goals and policies of the Comprehensive Plan and the applicable
regulations of the Shoreline Master Program if the application involves property located within
the jurisdiction of the state Shoreline Management Act, but does not require a shoreline permit;
(e) Will be served by adequate facilities including access, fire protection, water and sewer
facilities (municipal, community, or on-site systems);
(f) Does not include any use or activity that would result in the siting of an incompatible use
adjacent to an airport or airfield (Chapter 36.70 RCW);
(g) Shall not adversely impact the public health, safety and general welfare of the residents of the
county;
(h) Shares characteristics common with but not of significantly greater intensity, density or that
generates more environmental impact than those uses allowed in the district in which it is to be
located; and
(i) Will not result in impacts on the human or natural environments determined by the
administrator to require review as a conditional use.
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If the preceding conditions are not met to the satisfaction of the administrator, the administrator
may either prohibit the use or require a conditional use permit.
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that new uses may
evolve over time. Furthermore, it establishes the administrator’s authority to review proposed
“unnamed” uses for similarity with other uses listed in this code and to ensure consistency of the
proposed use with the applicable district. When a use is not specifically listed in Table 3-1 (or, if
proposed within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be reviewed
as a discretionary “D” use by the administrator, using a Type II process specified in Chapter
18.40 JCC. The administrator shall use the criteria contained in JCC 18.15.040(2) to determine
and establish whether the proposed unnamed use shall be classified as an allowed use, a
conditional use, or prohibited within the applicable district.
(1) When Table s 3-1 and 3A-1 prohibits or authorizes unnamed uses or unnamed facilities in
a zone as a discretionary “D” use, discretional conditional “C(d)” use, or conditional “C” use, the
administrator shall follow the use or facility listed in Table s 3-1 and 3A-1.
(2) Not every conceivable use or facility can be identified and that new uses or facilities may
evolve over time. When it is not clear whether a proposed use or facility is listed in Table s 3.1
and 3A-1 as named or unnamed, the administrator may issue a code interpretation pursuant to
JCC 18.40.360, which shall classify the proposed use or facility as either named or unnamed,
considering the factors listed in Section 18.40.360(4). If classified as a named use, the
administrator shall identify the named use listed in Tables 3-1 and 3A-1. If classified as an
unnamed use, the administrator shall use the criteria contained in JCC 18.15.040(2) to determine
and establish whether the proposed unnamed use shall be classified as an allowed use, a
conditional use, or prohibited within the applicable district.
JCC 18.20.170 Cottage Industry
(1) Purpose. To provide for small-scale economic development activities on residential parcels,
subordinate to the primary residential use, if the administrator finds that such activities can be
conducted without substantial adverse impact on the residential environment and rural character
in the vicinity. The scale and intensity of cottage industries are typically greater than could be
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accommodated as a home business, but less than would require a land use district designation of
commercial or industrial.
(2) The following list of uses allowable as cottage industries include, but are not necessarily
limited to:
(a) Sales of antiques and collectibles;
(b) Art or photography studios;
(c) Computer software development;
(d) Handicrafts;
(e) Ironworking or blacksmith shop;
(f) Construction office;
(g) Furniture repair or refinishing;
(h) Pottery shop;
(i) Real estate sales office;
(j) Small equipment repair;
(k) Woodworking shop;
(l) Excavating contractors;
(m) Small engine and boat repair; and,
(n) Auto and truck repair and service (excludes auto and truck sales, fuel stations and heavy
equipment repair).
(3) The following occupations are prohibited as cottage industries, except in the West End
Planning Area – Remote Rural (WEPA RR) overlay district (Article VI-L of Chapter 18.15 JCC)
and when located on parcels with direct access to a principal arterial (i.e., Highway 101) in the
Brinnon Planning Area – Remote Rural (BRPA RR) overlay district:
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(a) Heavy equipment repair shop;
(b) Autobody work or paint shop; and,
(c) Large-scale furniture stripping.
(4) The following occupations are prohibited as cottage industries in all of unincorporated
Jefferson County:
(a) Commercial shooting facilities or uses that are associated with shooting firearms.
The following occupations are prohibited as cottage industries:
(56) All cottage industries shall be subject to the following standards, except as provided for in
the We st End Planning Area and Brinnon Planning Area – Remote Rural overlay districts as
specified in Article VI-L of Chapter18.15 JCC, Remote Rural Overlay Districts for the West End
Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
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(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
(j) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI-L of
Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
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(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one-acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property
shall be considered a commercial shooting facility.
(67) Auto repair and service proposals are subject to the following additional requirements:
(a) The proposal shall submit a detailed operating plan in compliance with the latest edition of
the Washington State Department of Ecology’s Guide for Automotive Repair Shops identified as
Publication No. 92-BR-16.
(b) The proposal shall include an operating plan which complies with the Department of
Ecology’s SMM. The submittal shall include a stormwater management plan in compliance with
Chapter 18.30 JCC and include supplemental information which addresses and complies with
Volume IV-2.1 and 2.2 of the SMM.
(c) The operation shall be limited to two stalls or bays for repair and servicing.
(d) The cottage industry shall not store more than three vehicles at any one time awaiting or
departing for or from servicing or repair. This excludes the vehicles being actively serviced in the
facility.
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(e) A 50 -foot buffer shall be maintained from the structure housing the auto repair and service to
all adjacent property lines. [Ord. 15-18 § 1 (Appx. A); Ord. 8-06 § 1]
JCC 18.20.170(4) Standards for Cottage Industries
(4) All cottage industries shall be subject to the following standards, except as provided for in the
West End Planning Area and Brinnon Planning Area – Remote Rural overlay districts as
specified in Article VI-L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West
End Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
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(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
(j) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(l) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI-L of Chapter 18.15
JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning
Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on-site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one acre gross site area.
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(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property
shall be considered a commercial shooting facility.
JCC 18.20.135 Commercial Shooting Facilities
(1) Regulation of the Siting and Development of Commercial Shooting Facilities. The siting
and development of commercial shooting facilities are regulated under Chapter 18.20
JCC. The operations of a commercial shooting facility are regulated under Chapter 8.50
JCC. A commercial shooting facility may only be an indoor shooting facility, located in a
commercial or industrial zone, except in a heavy industrial or resource-based industrial
zone.17 No outdoor Commercial Shooting facilities shall be allowed, excepting for the
one existing non-conforming facility currently operating in Jefferson Countyexcept for
those with that qualify as a legal nonconforming use under JCC 18.20.260.
(2) Facilities Plan. An application for a permit for a discretionary use for all commercial
shooting facilities shall contain a facilities plan that includes:
(a) Locations and dimensions of all walkways;
(b) Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed;
(c) The component parts for each shooting range;
17 Staff’s proposed change per discussions during February 18, 2020 deliberations.
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(d) Locations and dimensions of firing lines or firing points, target lines and impact areas
including all related buildings;
(e) Locations, dimensions and slope of all backstops and side berms, whether natural feature
or manmade and the volume, source, and type of all materials of which they are
comprised;
(f) Locations and specifications of all baffles and containment structures.
(g) Dimensional drawings of physical layout for each of the items listed in this subsection,
drawn at an engineering scale appropriate for the drawings; and,
(h) Horizontal drawings of the baffles and containment structures, and a description of the
materials to be used for them.
(3) Consistency with the NRA Source Book Standards. All commercial shooting facilities shall
be designed to be consistent with the NRA Source Book standards for shooting range design.
(4) Minimum Standards. All commercial shooting facilities shall be designed to meet the
following minimum standards:
(a) Rules and Regulations Required. All commercial shooting facilities shall adopt rules and
regulations as defined in JCC 18.10.180;
(b) Required Security. Commercial shooting facilities shall be designed to provide security
measures to deter unauthorized entry to any shooting range, such as barriers, berms,
cameras, gates, fencing, on-site security personnel, physical limits, or signage; and,
(c) Containment. Commercial shooting facilities shall be designed so that when firearms are
operating in accordance with the rules and regulations as defined in JCC 18.10.180, all
projectiles are kept from leaving any shooting range or the commercial shooting facility.
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(5) Professional Evaluation.
(a) An application for a discretionary use for a commercial shooting facility shall include a
professional evaluation as required in this subsection.
(b) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
(c) If requested, the applicant shall allow for an inspection of the site of commercial shooting
facility by the qualified shooting range evaluator.
(d) The Professional Evaluation shall contain an evaluation of the operating permit
application that shall be performed by a qualified shooting range evaluator (as defined
above) and shall provide a written evaluation of the level of safety of the proposed in the
at the commercial shooting facility, including:
i. An evaluation of how the commercial shooting facility meets the minimum
standards in JCC 18.20.135(4);
ii. An evaluation of all proposed uses to ensure consistency with the NRA Range
Source Book for facility designs and institutional controls;
iii. An evaluation of whether the commercial shooting facility’s uses and institutional
controls described in the application minimize threatened harm;
iv. An evaluation of how the commercial shooting facility’s uses and institutional
controls described in the application protect critical areas and shorelines.
v. The signature of the qualified shooting range evaluator;
vi. The evaluation shall certify a certification that the operating permit application
satisfies all the requirements of this article.
(e) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates,
less the application fee) of the evaluation.
(6) Protection of Critical Areas and Shorelines. All commercial shooting facilities shall comply
with every applicable provision of the JCC related to protection of critical areas and
25 of 26
EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
shorelines (and buffers for all such areas, including but not limited to the buffers required in
Chapter 18.22.JCC (Critical Areas) and Chapter 18.25 JCC (Shoreline Master Program).
All commercial shooting facilities shall be designed to prevent adverse impacts to critical areas
and shorelines.
(7) Outdoor commercial shooting facilities are further regulated under JCC 18.20.350(8).18
JCC 18.20.200(2) on Permitted Home Businesses
(2) Permitted home businesses do not include the following:
(d) Uses that are associated with shooting firearms.
JCC 18.20.350 Small-scale recreation and tourist uses
(1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a
rural location and setting and provide opportunities to diversify the economy of rural Jefferson
County by utilizing the county’s abundant recreational opportunities and scenic and natural
amenities in an environmentally sensitive manner consistent with the rural character of the
county. Upon approval pursuant to this code, these types of uses may be conducted in the land
use districts specified in Table s 3.1 and 3A-1 in JCC 18.15.040 and as provided for in small-
scale recreation and tourist (SRT) overlay districts under JCC 18.15.470 and 18.15.572.
Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities
and accessory uses. The following list of uses is not intended to be exhaustive, but rather is
intended to be illustrative of the types of small-scale recreation or tourist uses:
(a) Aerial recreational activities such as balloon rides, glider and parachute events;
(b) Animal preserves and game farms;
(c) Equestrian centers, on parcels 10 acres or larger in size;
(d) Campgrounds and camping facilities;
(e) Commercial fishing ponds;
(f) Cultural festivals;
18 Proposed change from Staff Report, 35.
26 of 27
EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
(g) Miniature golf, not to exceed a gross use area of one acre;
(h) Model hobby parks and sites on parcels 10 acres or larger in size;
(i) Outdoor recreational equipment rental and/or guide services;
(j) Outdoor shooting and archery ranges; Outdoor commercial shooting facilities;
(k) Private hunting or fishing camps;
(l) Public display gardens;
(m) Recreational off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and
recreational areas on parcels 20 acres or larger in size;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres
or larger in size;
(o) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on
parcels at least five acres in size;
(p) Rural restaurants, only when associated with a primary recreational or tourist use; and
(q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in
size.
(2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specifically named above
may be classified as small-scale recreational and tourist uses by the administrator, subject to the
provisions of this section, upon documentation by the applicant that the proposed use is
dependent upon a particular rural location or setting and is consistent with the intent and
application of RCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan.
27 of 27
EXHIBIT 3 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED TITLE 18 ORDINANCE)
CHANGES TO THE USE TABLE:
Table 3A-1. Allowable and Prohibited Uses
Resource Lands Other Zones Types
Agricultural
– Prime and
Local
Forest –
Commercial,
Rural
and
Inholding
Other Zones Where Only
Indoor Commercial
Shooting Facility Allowed
Other Zones Where
No Shooting Facility
Allowed
Specific Land
Use
AG CF/RF/IF Convenience Crossroad
(CC), General Crossroad
(GC), Heavy Industrial
(HI), Industrial, Light
Industrial/Commercial
(LI/C), Light Industrial
(LI), Light
Industrial/Manufacturing
(LI/M), Irondale and
Port Hadlock Urban
Growth Area (UGA),
Neighborhood/Visitor
Crossroads (NC), Parks,
Preserves and Recreation
(PRR)
Rural Residential – 1
DU/5 Acres (RR 1:5),
Rural Residential – 1
DU/10 Acres (RR
1:10), Rural
Residential – 1 DU/20
Acres (RR 1:20),
Indoor
commercial
shooting facility
No NoC C No
Outdoor
commercial
shooting
facilityranges
No C No No
SEE REVISED USE TABLES IN EXHIBIT 4
EXHIBIT 4 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED LAND USE TABLES)
CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses
Resource Lands Rural Residential Rural Commercial Rural Industrial Rural Industrial Public UGA
Specific
Land Use
AG Agricultural
Resource Lands –
AP-20 (Prime
Agricultural
Lands) and AL-20
(Agricultural Land
of Local
Importance)
Forest Resource
Lands – CF-80
(Commercial
Forest), RF-40
(Rural Forest), and
IF (Inholding
Forest)
RR Rural
Residential –
RR:20 (Rural
Residential 1
DU/20 Acres),
RR1:10 (Rural
Residential 1
DU/10 Acres), and
RR 1:5 (Rural
Residential 1 DU/5
Acres)
RC Rural
Commercial – GC
(General
Crossroads), NC
(Neighborhood/Visit
or Crossroads), CC
(Convenience
Crossroads), and
RVC (Rural Village
Center)
I Rural Industrial
– HI (Heavy
Industrial, LI/M
(Light
Industrial/Manufac
turing), LI (Light
Industrial – Glen
Cove), LI/C (Light
Industrial/Commer
cial (Glen Cove),
RBI (Resource-
Based Industrial)
I Rural Industrial
– HI (Heavy
Industrial, RBI
(Resource-Based
Industrial)
P Public –
PPR
(Parks,
Preserves
and
Recreation)
UGA Urban
Growth Area.
See Chapter
18.18 JCC
Indoor
commercial
shooting
facility
No No D D No No See Chapter
18.18 JCC
Outdoor
commercial
shooting
facility
ranges
No No No No No No See Chapter
18.18 JCC
*Outdoor commercial shooting facility shall be a prohibited use in all zoning districts, including for small-scale tourist and recreation uses.
EXHIBIT 4 (STAFF’S PROPOSED CHANGES TO PC’S RECOMMENDED LAND USE TABLES)
Table 3A-1. Allowable and Prohibited Uses
Urban
Residential
Urban
Commercial
Urban Industrial Public
Specific Land Use Urban low density
residential
(ULDR), Urban
moderate density
residential
(UMDR), and
Urban high
density residential
(UHDR)
Urban
Commercial (UC)
and Visitor-
oriented
commercial
(VOC)
Urban Light Industrial
(ULI)
Public (P)
Indoor
commercial
shooting facility
No D D No
Outdoor
commercial
shooting facility
ranges
No No No No
*Outdoor commercial shooting facility shall be a prohibited use in all UGA zoning districts.