HomeMy WebLinkAboutCritical Areas Hearing Documents JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Patty Charnas, Director, Community Development
DATE: March 2, 2020
RE: HEARING for: Ordinance Repealing and Replacing Chapter 18.22 of the
Jefferson County Code, Known as the Critical Areas Ordinance; Hearing on
March 2, 2020 at 6:30 p.m. in the Jefferson County Superior Courtroom, 1820
Jefferson Street, Port Townsend, WA
STATEMENT OF ISSUE: The Board of County Commissioners (Board)have set a
HEARING for Ordinance Repealing and Replacing Chapter 18.22 of the Jefferson County Code,
Known as the Critical Areas Ordinance (CAO) for March 2, 2020 at 6:30 p.m. in the Jefferson
County Superior Courtroom, 1820 Jefferson Street, Port Townsend, WA.
ANALYSIS: On Monday, February 3, 2020, the Jefferson County Planning Commission
(Planning Commission) transmitted to the Board its findings and recommendations on
amendments to Title 18 Jefferson County Code ("JCC") relating to critical areas. Specifically,
the Planning Commission recommends amendments to Chapter 18.10 JCC (Definitions), Chapter
18.22 JCC (Critical Areas Ordinance), and JCC 18.20.030 (Agricultural Activities and
Accessory Uses). The findings and recommendations in the transmittal were approved with a
unanimous vote of the Planning Commission on January 30, 2020.
After careful consideration and discussion with staff, the Board decided to continue the public
process and hold its own public hearing, inviting verbal and written testimony on the Planning
Commission's recommended draft CAO.
The public can view the complete text of the proposed ordinance and the Planning Commission's
complete transmittal on-line, by clicking on the links on the County's website at
www.co.jefferson.wa.us under"Latest News." A staff report presenting staffs comments on the
CAO proposed by the Planning Commission is also linked on the County's website. Both the
Planning Commission's transmittal and the staff report are also attached to this Agenda Request.
FISCAL IMPACT: Holding a public hearing will require staff time and resources which is
funded by the general fund.
RECOMMENDATION: Hold the hearing as stated in the Hearing Notice.
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REVIEWED BY:
Ms; ,diounty A. - Date
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APPENDIX A—PLANNING COMMISSION'S RECOMMENDED ORDINANCE AND
TRANSMITTAL
Planning Commission's Recommended Ordinance and Transmittal Are Attached.
APPENDIX A
SON co JEFFERSON COUNTY
PLANNING COMMISSION
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621 Sheridan Street I Port Townsend, WA 98368
- s 360-379-4450 1 email: PlanComm@co.jefferson.wa.us
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STAFF DRAFT
To: Board of County Commissioners
From: Planning Commission
Date: February 3, 2020
Subject: Planning Commission findings and recommendations on proposed amendments to Title
18 Jefferson County Code (Unified Development Code) relating to Critical Areas
Honorable Commissioners Brotherton, Sullivan and Dean:
The Jefferson County Planning Commission is pleased to transmit to the Board of County Commissioners
("BOCC") our findings and recommendations on amendments to Title 18 Jefferson County Code ("JCC')
relating to critical areas. Specifically, the Planning Commission recommends amendments to Chapter
18.10 JCC (Definitions), Chapter 18.22 JCC (Critical Areas Ordinance), and JCC 18.20.030 (Agricultural
Activities and Accessory Uses). The findings and recommendations presented in this transmittal, were
approved with a unanimous vote of the Planning Commission on January 30, 2020. This report
summarizes the process and the work product related to the proposed ordinance.
The Planning Commission respectfully puts forward the following findings and recommendations. We
further recommend that these regulations be adopted. We believe these recommended regulations reflect
widely -held sentiments in Jefferson County based upon the hearing record.
Process
The County has been working on its periodic review and update to the critical areas ordinance ("CAO")
since 2014. The Growth Management Act (GMA, Chapter 36.70A RCW) requires counties to periodically
review and update their comprehensive plans and development regulations, including critical areas
ordinances. Updates to critical areas must include best available science and give special consideration
to anadromous fish. The County was granted a two-year extension by the Washington Department of
Commerce to the GMA statutory 2016 deadline to have all updates to the comprehensive plan and
implementing regulations complete. The County continued working on updating its CAO but was unable
to meet the extended deadline causing the county to be out of compliance with GMA.ln 2018, the
Planning Commission concluded its periodic review and update of the Jefferson County Comprehensive
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
Plan and development regulations, excluding critical areas by developing findings of fact and
recommendations to the Jefferson County Board of County Commissioners. In 2018, the Board of County
Commissioners adopted a periodic review and update of the Jefferson County Comprehensive Plan and
development regulations, excluding critical areas. The 2018 Comprehensive Plan continued a long
commitment to protecting the environment and public health while emphasizing support for affordable
housing, economic development, agriculture, and regulatory reform.
In March, 2019, the Board passed Resolution 17-19 establishing a program of regulatory reform directing
the Jefferson County Department of Community Development ("DCD") and Jefferson County
Environmental Public Health ("EPH") to reduce regulatory burdens during scheduled updates to county
codes and county rules. The incomplete updates to the CAO were specifically referenced as an
opportunity to streamline review processes and permit applicant requirements while protecting critical
areas functions and values. In July 2019, the Jefferson County Board of County Commissioners ("Board")
established a Critical Areas Ordinance Regulatory Reform Task Force ("Task Force") and appointed its
members to make recommendations to the Planning Commission, DCD, and Board on improving the
understandability and administration of the CAO. Task Force members included a DCD staff member and
a Planning Commission member. The Task Force met nine times between August and November 2019.
The Task Force's efforts culminated with a report recommending improvements to the CAO. The Task
Force report was based largely on considering CAO development standards existing in other GMA-
compliant counties.
In September 2019, the Board passed Resolution 50-19 recognizing the progress of updating the CAO,
acknowledging the rigorous and on-going public participation processes, and committed to completing the
CAO periodic review and update by early 2020
On December 2, 2019, the Board asked the Planning Commission to begin work immediately, in
coordination with County staff, on legislation to revise the CAO. On December 4, 2019, the Planning
Commission was given a briefing on the Task Force's report. On December 18, 2019, the Planning
Commission received a briefing on the staff report and on all updates to the CAO including the revised
section on agriculture.
On January 8, 2020, the Planning Commission held a briefing session on the draft CAO. A notice of
hearing was published for a hearing on January 22, 2020.
Public Hearing
On January 22, 2020, the Planning Commission held a public hearing, accepting verbal and written
testimony on the draft CAO. The Planning Commission accepted written comments from January 8, 2020
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
until January 24, 2020. Approximately eleven written public comments were received and six individuals
verbally testified at the public hearing.
Deliberations
On January 27, 28, and 29, 2020, the Planning Commission deliberated on the proposal after taking into
consideration the verbal and written testimony received during the public comment period.
Proposed Amendments to Title 18 JCC
The Planning Commission recommends amendments to Title 18 JCC as attached in Appendix A.
Overview of Recommended Amendments:
• Amendments to Chapter 18.10 JCC (Definitions) to update definitions relating to the CAO.
• Amendments to JCC 18.20.030 (Agricultural Activities and Accessory Uses) to harmonize it with
proposed amendments in the draft CAO.
• Amendments to the CAO include a renumbering of code sections to relate to each of the numbered
articles.
• Article I Authority, Purpose, and Intent (formerly Article I Purpose)
o Added updated statement
• Amendments to Article 11 (Administrative Provisions), Chapter 18.22 JCC
o JCC 18.22.200 (Applicability) adds a list making it clearer of critical area protection requirements
and review processes.
o JCC 18.22.230 (General Exemptions) removes an item from the public review draft that gave
authority to the Unified Development Code Administrator to grant an exemption from the CAO
requirements if an activity is closely related to the exempted activities listed below:
o JCC 18.22.240 (Nonconforming uses and structures) formerly nonconforming uses
o JCC 18.22.250 (Variance) adds a new mechanism to apply for a critical area variance through a
hearing examiner process
JCC 18.22.260 (Reasonable economic use) changes the basis for granting a reasonable economic
use from a variance to an exception though a hearing examiner process for properties that would be
denied all reasonable economic use by the strict application of CAO standards
o JCC 18.22.280 (Adaptive Management) now a part of this article, which was formerly under
Article XII
• Amendments to Article III (Critical Aquifer Recharge Areas), Chapter 18.22 JCC
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
o JCC 18.22.300 added a purpose statement
o JCC 18.22.330 added a table listing critical aquifer recharge high impact activities that will
generally be prohibited unless a hydrogeologic report demonstrates no impact
o JCC 18.22.330 Added provisions to require a consultation with Environmental Public Health. This
consultation currently occurs informally.
• Amendments to Article IV (Frequently Flooded Areas), Chapter 18.22 JCC
o JCC 18.22.400 added a purpose statement
o JCC 18.22.430 updated protection standards which codifies practices in place since 2013
regarding compliance with federally endangered species habitat protections in floodplains
• Amendments to Article V (Geologically Hazardous Areas), Chapter 18.22 JCC
o JCC 18.22.500 added a purpose statement
o JCC 18.22.510 updated classification/designation with more detail to types and descriptions of
geologically hazardous areas
o JCC 18.22.530 updated protection standards to provide for more performance-based buffer
widths and standards based on type of geologically hazard present which can be reduced
through a technical report
o JCC 18.22.540 added a toe of slope building setback recognizing potential risks associated with
landslide run -out when recommended by a geological assessment
o JCC 18.22.540 Updated required special reports to offer a tiered approach to avoiding impacts to
public safety and property through a geotechnical letter, geology report, or geotechnical
engineered report
• Amendments to Article VI (Fish and Wildlife Habitat Conservation Areas), Chapter 18.22 JCC
o JCC 18.22.600 added a purpose statement
o JCC 18.22.620 updated regulated activities to allow for construction of utilities when no
practicable or reasonable alternative exists as long as significant trees are not removed and
mitigation sequencing is demonstrated
• Amendments to Article VII (Wetlands), Chapter 18.22 JCC
o JCC 18.22.700 added a purpose statement
o JCC 18.22.730 updated protection standards to consolidate the description of high, moderate and
low impact activities and created two tables (previously six) with buffer width ranges and the
lower widths applicable with impact avoidance measures
• Proposed Article VIII (Agriculture) based on adopting the definition of agriculture that is contained in
the Shoreline Management Act 90.58 RCW. Proposed Article offers new or expanded existing
agriculture to follow performance-based critical area protections focused on critical area resource
concerns and a schedule of conservation practices
• Amendments to Article IX (Special Reports), Chapter 18.22 JCC
In
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
o Added a purpose statement and offers waivers of special reports across all critical area types with
conditions. Proposed amendments incorporate critical area stewardship plans and the process to
designate species and habitats of local importance as types of special reports
Required Findings
In support of this recommendation for the development regulations located in Title 18 JCC, the Planning
Commission enters the following findings and conclusions:
Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii)
(i) Have circumstances related to the proposed amendment and/or the area in which it is
located substantially changed since the adoption of the Jefferson County Comprehensive
Plan?
The Planning Commission finds that circumstances related to the recommended code as
proposed have not substantially changed since the adoption of the Jefferson County
Comprehensive Plan. The Comprehensive Plan's Periodic Review and Update was
completed in December 2018; however, the CAO periodic review and update was
postponed. This proposal brings the CAO development regulations in alignment with the
2018 Comprehensive Plan.
(ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no
longer valid; or is new information available which was not considered during the
adoption process or any annual amendments of the Jefferson County Comprehensive
Plan?
The assumptions upon which the Jefferson County Comprehensive Plan was based are
still valid. However, the Planning Commission finds that new information relating to state
rules for critical area ordinance updates have changed and that county statements of
legislative intent have changed through the passage of two resolutions regarding critical
areas and regulatory reform. Further, additional best available science and public
engagement have resulted in new information which informs this recommendation.
(iii) Does the proposed amendment reflect current, widely held values of the residents of
Jefferson County?
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
The Planning Commission finds the proposal reflects currently widely held values.
The proposed CAO is consistent with the 2018 Comprehensive Plan which
represents recent resident input in the planning process. See the following
Framework Goal: Framework Goal VI Environmental Conservation (Foster
environmental stewardship, preserve clean air and water, and protect fish and
wildlife habitat. Anticipate and respond to climate change with mitigation and
adaptation strategies.)
Further, a robust public participation process included a diverse group of
appointed stakeholders, including the Critical Areas Ordinance Regulatory Reform
Task Force, which met and delivered recommendations on the CAO to the
Planning Commission. The testimony received by the Planning Commission during
the public hearing and comment period confirm that the proposal meets the
currently widely held values. Therefore, the Planning Commission finds that the
proposal reflects currently widely held values.
II. Required Findings from JCC 18.45.050(4)(b)(i) through (4)(b)(vii)
Growth Management Indicators
i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or
slower than anticipated, or is it failing to materialize?
The Planning Commission finds that they do not have enough information to determine if
growth is occurring at the rate envisioned in the Comprehensive Plan, as the projections
were recently updated in December 2018. However, it appears that the growth is occurring
as envisioned in the Comprehensive Plan.
ii) Has the capacity of the county to provide adequate services diminished or increased?
The Planning Commission finds that the capacity of the County to provide adequate
services has not diminished or increased relating to this proposal.
iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need?
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
The Planning Commission finds there is sufficient urban land as designated and zoned to
meet projected demand and need.
iv) Are any of the assumptions upon which the plan is based no longer found to be valid?
The Planning Commission finds that all assumptions in the Comprehensive Plan are still
valid.
V) Are there changes in the county -wide attitudes? Do they necessitate amendments to the
goals of the Comprehensive Plan and the basic values embodied within the Comprehensive
Plan Vision Statement?
The Planning Commission finds that the county -wide attitudes remain strongly aligned
with those embodied on the Comprehensive Plan Vision Statement. The proposal does
not necessitate amendments to the goals or basic values embodied within the
Comprehensive Plan Vision State and the proposal brings the development regulations
into better conformance with the Comprehensive Plan.
vi) Are there changes in circumstances which dictate a need for amendment to the
Comprehensive Plan?
The circumstances related to the proposal and/or area have not substantially
changed since the adoption of the Jefferson County Comprehensive Plan. The
Comprehensive Plan's periodic review and update was completed in December
2018; however, the CAO periodic review and update was postponed. This proposal
brings the CAO development regulations in alignment with the 2018
Comprehensive Plan.
vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the Countywide Planning Policies for Jefferson County?
The Planning Commission finds that there are no inconsistencies between the
Comprehensive Plan, GMA, and County -wide Planning Policies for Jefferson County.
III. Additional Findings from JCC 18.45.080(1)(c)(i-vii)
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
i) The proposed site-specific amendment meets concurrency requirements for transportation and
does not adversely affect adopted level of service standards for other public facilities and services
(e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental
services);
The Planning Commission finds that this is not applicable to the proposal. The proposal is
not site-specific.
ii) The proposed site-specific amendment is consistent with the goals, policies and implementation
strategies of the various elements of the Jefferson County Comprehensive Plan;
The Planning Commission finds that this is not applicable to the proposal. The
proposal is not site-specific. However, goals and policies of the Comprehensive
Plan that are consistent with the proposal include:
• Goal LU -G-1. Ensure a community-based Comprehensive Plan that is
consistent with the Growth Management Act and the County -wide Planning
Policy, and provide for a well -implemented Comprehensive Plan through
the preparation of supporting development regulations, system plans, and
programs.
• Policy LU -P-1.4. Encourage the use of innovative site planning and design
techniques as a way to preserve rural character, open lands and natural
resources, including lot consolidation opportunities, development
regulations, and other innovative tools such as farm conservation plans.
• Goal NR -G-1. Encourage the conservation and long-term sustainable use of
resource lands so their continued future use will not be precluded by other
uses; and encourage the long-term sustainability of natural resource-based
economic activities throughout Jefferson County.
• Policy NR -P-1.1. Support resource-based economic activities that comply
with applicable federal, state, and local regulations.
• Policy NR -P-1.3. Consider incentive programs to support resource-based
economic activities in rural areas.
• Policy NR -P-2.1. Ensure resource-based practices do not cause cumulative
adverse impacts, and ensure they mitigate adverse impacts to the
environment and adjacent properties.
• Policy NR -P-2.3. Explore incentives that encourage compliance with "best
management practices" by resource-based economic activities. Goal NR -G-
8. Conserve and protect the agricultural land base and its associated
economy and lifestyle.
• Policy NR -P-8.2. Coordinate with local, state and federal agencies and
organizations to encourage conservation of productive agricultural land
through best management practices, including soil and water conservation,
drainage, and livestock waste management programs.
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
• Policy NR -P-8.5. Support the work of Washington State University
Cooperative Extension, and the Jefferson County Conservation District, for
technical and marketing assistance for small-scale commercial farmers.
• Policy NR -P-8.6. Collaborate with partners such as North Olympic
Development Council (NODC), Washington State University (WSU), and
Jefferson County Conservation District to assess likely impacts of climate
change on agriculture and to develop mitigation and adaptation strategies
suited to Jefferson County's soils and farm economy.
• Goal HS -G-2. Promote a variety of housing choices throughout the county
with innovative land use practices, community redevelopment strategies,
development standards, design techniques, and building and infrastructure
permit requirements.
• HS -P-2.1. Explore regulatory opportunities that help minimize costs to
developing affordable housing while ensuring that public health, safety,
and environmental quality standards are not compromised.
• Goal EN -G-6. Continue to implement, periodically review, and update
critical area regulations under the Jefferson County Critical Areas
Ordinance (CAO) consistent with GMA requirements, including best
available science.
• Policy EN -P-2.4. Promote best management practices and voluntary open
space conservation to protect critical areas in land use regulations related
to septic systems, forest management, agricultural practices, industry, and
other development.
• Policy ED -P-6.2. Develop and update land use policies that conserve
working resource lands and provide sustainable employment
opportunities.
• Policy ED -P-8.2. Ensure that permit review and requests for additional
information are fair, consistent and balanced with the needs of the
applicant and the public interest at large
iii) The proposed site-specific amendment will not result in probable significant adverse impacts to the
county's transportation network, capital facilities, utilities, parks, and environmental features that
cannot be mitigated, and will not place uncompensated burdens upon existing or planned service
capabilities;
The development regulations at issue will not result in impacts to the county's
transportation network, capital facilities, utilities, parks, and environmental
features. The CAO Periodic Review and Update includes options with the range of
acceptable BAS.
iv) In the case of a site-specific amendment to the Land Use Map, that the subject parcels are
physically suitable for the requested land use designation and the anticipated land use
development, including, but not limited to, the following:
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
a. Access;
b. Provision of utilities; and
c. Compatibility with existing and planning surrounding land uses;
The Planning Commission finds that these criteria are not applicable to the proposal.
v) The proposed site-specific amendment will not create a pressure to change the land use
designation of other properties, unless the change of land use designation for other properties is
in the long-term best interests of the county as a whole;
The Planning Commission finds that the proposal, while not a site-specific
amendment, will not create pressure to change the land use designation of other
properties.
vi) The proposed site-specific amendment does not materially affect the land use and population
growth projections that are the bases of the Comprehensive Plan;
The Planning Commission finds that the proposal, while not a site-specific
amendment, does not materially affect the land use and population projections that
are the basis of the Comprehensive Plan.
vii) If within an unincorporated urban growth area ("UGA"), the proposed site-specific
amendment does not materially affect the adequacy or availability of urban facilities and
services to the immediate area and the overall UGA;
The Planning Commission finds that this proposal, while not a site-specific amendment,
will not materially affect the adequacy or availability of urban facilities and services to the
immediate area and the overall UGA.
viii)The proposed amendment is consistent with the Growth Management Act
(Chapter RCW), the County -Wide Planning Policy for Jefferson County, any other
applicable inter -jurisdictional policies or agreements, and any other local, state or federal laws.
The Planning Commission finds that the proposal is consistent with the Jefferson
County Comprehensive Plan, GMA, the Jefferson County county -wide Planning
Policies, and other applicable regulations, rules, or statutes.
10
PC Findings and Recommendations on Proposed Amendments to Title 18 Jefferson County Code (Unified
Development Code) Relating to Critical Areas
To Board of County Commissioners
[end of required findings]
Recommendations
Based upon formal deliberation concerning these proposed amendments to Title 18 JCC relating to
critical areas, the Planning Commission recommends for consideration by the Board of County
Commissioners the following:
• Proposed ordinance, as attached as Appendix B.
• Increasing the budget of the Department of Community Development so that the County can plan
and manage with confidence regarding long-range planning and other responsibilities under the
Growth Management Act, including Resolution 17-19 Establishing a Program of Regulatory
Reform.
10 Increasing the County's financial support to the Jefferson County Conservation District to ensure
they may be able to implement the CAO Article VIII on protecting critical areas in areas of
agricultural activities.
The Planning Commission wishes to thank the Board for the opportunity to work in our communities and
bring forward these recommendations. We look forward to continuing to work with the Board on the
Critical Areas Ordinance.
Transmitted File Location
The transmitted files that accompany these finding and recommendations are located in the Department
of Community Development Laserfiche repository, accessible with the following web link:
Sincerely,
Planning Commission Chair
11
Jefferson County Code DRAFT WORK PRODUCT
Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 1/109
EXHIBIT A
Chapter 18.10
DEFINITIONS' 2
Sections:
18.10.010 A definitions.
"Agriculture" means the science, art, and business of producing crops, or raising livestock:
farming.
"Agriculture, existing and ongoing" is defined as follows, except for JCC Chapter 18.22 which is
governed by the definition of agricultural activities. For all other chapters, "agriculture, existing
and ongoing" means any agricultural activity conducted on an ongoing basis on lands enrolled in
the open space tax program for agriculture or designated as agricultural lands of long-term
commercial significance on the official map of Comprehensive Plan land use designations;
provided, agricultural activities were conducted on those lands at any time during the five-year
period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted
is converted to a nonagricultural use.
"Agriculture, new" is defined as follows, except for JCC Chapter 18.22 which is governed by the
definition of agricultural activities. For all other chapters, "agriculture, new" means agricultural
activities proposed or conducted after April 28, 2003, and that do not meet the definition of
"existing ongoing agriculture."
"Agricultural activities" has the same meaning as in RCW 90.58.065(2)(a).
"Agricultural best management practices (BMPs)" mean schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
"Agricultural land" has the same meaning as in WAC 365-190-030(1) 3
"Agricultural land of local importance" means land in addition to designated prime agricultural land
that is of local importance for the production of food, fiber, forage, or oilseed crops. Generally,
additional farmlands of local importance include those that are nearly prime farmland and that
economically produce high yields of crops when treated or managed according to acceptable
farming methods. Such farmlands may include areas of commercial aquaculture.
"Agricultural product or commodity" is defined as follows, except for Chapter 18.22 JCC. For all
other chapters, "agricultural product or commodity" means any plant or part of a plant, or animal,
' Footnotes are added for convenience of review only and will be deleted when the final ordinance is
adopted.
z This section contains definitions relevant to the Ag and CAO provisions presented by Staff to the
Jefferson County Planning Commission. Redlining shows changes or new language.
3 (1) "Agricultural land" is land primarily devoted to the commercial production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed,
Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in
upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
These lands are referred to in this chapter as agricultural resource lands to distinguish between formally
designated lands, and other lands used for agricultural purposes. WAC 365-190-030(1).
Jefferson County Code DRAFT WORK PRODUCT
Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 2/109
EXHIBIT A
or animal product, produced by a person (including farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists, floriculturists, orchadists, foresters, or other
comparable persons) primarily for sale, consumption, propagation, or other use by people or
animals. For JCC Chapter 18.22 agricultural products are defined in RCW 90.58.065(2)(b).
"Agricultural resource lands (agricultural lands)" means lands that are primarily devoted to the
commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animals
products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise
tax imposed by RCW 84.33. 100 through RCW 84.33.140, finfish in upland hatcheries, or livestock,
and that have long-term commercial significance for agricultural production (RCW
36.70A.030(2)). Agricultural resource lands are divided into two land use designations, prime (AP -
20) and local (AL -20), in the Comprehensive Plan.
"Agricultural warehouse (public warehouse)" means any elevator, mill, subterminal grain
warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is used
or usable for the storage of agricultural products, and in which commodities are received from the
public for storage, handling, conditioning, or shipment for compensation. The term does not
include any warehouse storing or handling fresh fruits and/or vegetables, any warehouse used
exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons of an
agricultural commodity for compensation.
Agritourism" means agriculturally related accessory uses designed to bring the public to the farm
on a temporary or continuous basis, such as U -Pick farm sales, retail sales of farm products, farm
mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours,
horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting,
etc.
18.10.020 B definitions.
"Buffer" means an area that is intended to protect the functions and values of critical areas.
Protecting these functions and values includes the preservation of existing native and nonnative
vegetation where it exists, unless otherwise required to be replaced with native vegetation through
mitigation or voluntarily enhanced or restored.
18.10.030 C definitions.
"Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream incision,
stream bank erosion and shifts in the location of stream channels. "Channel migration zone"
means the historic channel migration zone (which is the footprint of the active channel
documented through historical photographs and maps), the avulsion hazard zone (which is an
area with the potential for movement of the main river channel into a new location), and the
erosion hazard area (which is an area outside the historic channel migration zone and the avulsion
hazard zone, and includes an erosion setback for a 100 -year period of time and a geotechnical
setback to account for slope retreat to a stable angle of repose). "Channel migration zone" does
not include disconnected migration areas, which are areas that have been disconnected from the
river by legally existing artificial structure(s) that restrain channel migration (such as levees and
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EXHIBIT A
transportation facilities built above or constructed to remain intact through the 100 -year flood
elevation), that are no longer available for migration by the river. "Channel migration zone" may
exclude areas that lie behind a lawfully established flood protection facility that is likely to be
maintained by existing programs for public maintenance consistent with designation and
classification criteria specified by public rule. When a natural geologic feature affects channel
migration, the channel migration zone width will consider such natural constraints. "High channel
migration hazard" (or high risk CMZ) for the Big Quilcene, Little Quilcene, Dosewallips,
Duckabush, and Lower Hoh Rivers means those nondisconnected portions of the channel that
are likely to migrate within a 50 -year time frame. For the Big Quilcene, Little Quilcene,
Dosewallips, and Duckabush Rivers, "moderate channel migration hazard" (or moderate risk
CMZ) means those nondisconnected portions of the channel that are likely to migrate within a 50 -
to 100 -year time frame; and, "low channel migration hazard" (or low risk CMZ) means those
nondisconnected portions of the channel that are likely to migrate beyond a 100 -year time frame.
For the Lower Hoh River, "moderately high hazard" (or moderately high risk CMZ) means those
nondisconnected portions of the channel that are likely to migrate within a 50- to 100 -year time
frame, "moderate hazard" means those nondisconnected portions of the channel that are likely to
migrate beyond a 100 -year time frame, and "low hazard" means the nondisconnected portions of
the channel that are less likely to be affected by channel migration, but are still at risk due to their
location on the valley floor. Rivers that have not been evaluated or mapped for CMZs include:
Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek, Upper Hoh River,
Bogachiel River, Clearwater River, and Quinault River.
"Critical aquifer recharge areas" has the same meaning as in WAC 365-190-030(3).4
"Critical areas" has the same meaning as in WAC 365-190-030(4).5
"Critical area buffer" means any buffer required by Chapter 18.22 JCC.
18.10.040 D definitions.
None.
18.10.050 E definitions.
"Erosion hazard areas" has the same meaning as in WAC 365-190-030(5).6
4 (3) "Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable to
contamination that would affect the potability of the water, or is susceptible to reduced recharge.
WAC 365-190-030(3).
5 (4) "Critical areas" include the following:
(a) Wetlands;
(b) Areas with a critical recharging effect on aquifers used for potable water, referred to in this chapter as
critical aquifer recharge areas;
(c) Fish and wildlife habitat conservation areas;
(d) Frequently flooded areas; and
(e) Geologically hazardous areas.
WAC 365-190-030(4).
6 5) "Erosion hazard areas" are those areas containing soils which, according to the United States
Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience
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18.10.060 F definitions.
"Farm assistance agencies" means federal, state, or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the federal
Natural Resource Conservation Service, the Washington State Department of Agriculture, or the
Jefferson County Conservation District.
"Farmed wetland" means wet meadow, grazed or tilled: an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
Previously converted to agricultural activities.a eflan,d that Prior to F wa
supwt woody veoetatmeip -Arr✓ mot the fQ11r\niirin hill rr\Innin nritori a• is iA Ad AtRd Fr\r 'I
rnic r mr\ro ll� ori rin the nrr\�nii rin co�cr\ri-68_911 pr
OF'I 0 Pornorit Of the nrr\nii rin co�cr\ri
\A/hldheyer iP IeGG OR
mest dears (50 PeFGeRt nhaRGe nr mE)ro4
7
"Farm equipment" for all chapters in Title 18 JCC, except Chapter 18.22 JCC, includes, but is not
limited to, tractors, trailers, combines, tillage implements, balers, and other equipment, including
attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and
marketing of agricultural, horticultural, or livestock products. Farm equipment for purposes of
Chapter 18.22 JCC is governed by the definition of agricultural activities.
"Farm plan" means a conservation plan developed by a farm assistance agency and a landowner
outlining a series of actions developed to meet a landowner's goals while protecting water quality
and the natural resources within and around the farm property. Many things are considered in a
farm plan including farm size, soil types, slope of the land, proximity to streams, wetlands or water
bodies, type and numbers of livestock or crops, resources such as machinery or buildings and
finances available. The terms conservation plan and farm plan are interchangeable in this context.
"Farm worker housing" means a place, area, or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
"Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation Service
manual that contains information for use in technical assistance to decision -makers for resource
management.
"Fish and wildlife habitat conservation areas" has the same meaning as in WAC 365-190-030(6).$
significant erosion. Erosion hazard areas also include coastal erosion -prone areas and channel migration
zones.
WAC 365-190-030(5).
Inserted definition perto aaaress Dept Ecology 1/21/2020 comments. f his definition comes from Kinq
County Code 21A.06.1390. King County Code is referenced in GMA as a good example of a code that
regulates agriculture in critical areas. (See RCW 36.70A.735(1)(b) for jurisdictions implementing a critical
areas regulatory approach rather than a VSP Work Plan.)
8 (6)(a) "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining
needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may
reduce the likelihood that the species will persist over the long term. These areas may include, but are not
limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including
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"Forest land" has the same meaning as in WAC 365-190-030(7).9
"Frequently flooded areas" has the same meaning as in WAC 365-190-030(8).10
18.10.070 G definitions.
"Geologically hazardous areas" has the same meaning as in WAC 365-190-030(9)."
"Geotechnical professional" means a person with experience and training in analyzing,
evaluating, and mitigating any of the following: landslide, erosion, seismic, and/or mine hazards,
or hydrogeology, fluvial geomorphology, and river dynamics. A geotechnical professional shall
be licensed in the State of Washington as an engineering geologist, hydrogeologist, or
professional engineer. In accordance with Washington Administrative Code 308-15-140 and
196-27-020, licensed engineering geologists, hydrogeologists, and professional engineers shall
affix their signatures or seals only to plans or documents dealing with subject matter in which
they are qualified by training or experience.
18.10.080 H definitions.
"Hydrogeologist" means a person who is qualified to engage in the practice of hydrogeology, has
met the qualifications in hydrogeology established under Chapter 18.220 RCW, and has been
issued a license in hydrogeology by the Washington State Geologist Licensing Board. In
accordance with Washington Administrative Code 308-15-140 and 196-27-020, licensed
hydrogeologists shall affix their signatures or seals only to plans or documents dealing with
subject matter in which they are qualified by training or experience.
seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative
population density or species richness. Counties and cities may also designate locally important habitats
and species.
(b) "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those
areas found to be locally important by counties and cities.
(c) "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the
boundaries of, and are maintained by, a port district or an irrigation district or company. WAC 365-190-
9 (7) "Forest land" is land primarily devoted to growing trees for long-term commercial timber production
on land that can be economically and practically managed for such production, including Christmas trees
subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term
commercial significance. These lands are referred to in this chapter as forest resource lands to
distinguish between formally designated lands, and other lands used for forestry purposes. WAC 365-
190-030(7).
10 (8) "Frequently flooded areas" are lands in the flood plain subject to at least a one percent or greater
chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These
areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high
groundwater forms ponds on the ground surface. WAC 365-190-030(8).
11 (9) "Geologically hazardous areas" are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential, or industrial
development consistent with public health or safety concerns. WAC 365-190-030(9).
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18.10.090 1 definitions.
None.
18.10.100 J definitions.
None.
18.10.110 K definitions.
None.
18.10.120 L definitions.
"Landslide hazard areas" has the same meaning as in WAC 365-190-030(10).12
"Long-term commercial significance" has the same meaning as in WAC 365-190-030(11).13
18.10.130 M definitions.
"Mine hazard areas" has the same meaning as in WAC 365-190-030(12).14
"Mineral resource lands" has the same meaning as in WAC 365-190-030(13).16
"Minerals" has the same meaning as in WAC 365-190-030(14).16
18.10.140 N definitions.
"Natural resource lands" has the same meaning as in WAC 365-190-030(15).17
18.10.150 O definitions.
None.
18.10.150 P definitions.
12 (10) "Landslide hazard areas" are areas at risk of mass movement due to a combination of geologic,
topographic, and hydrologic factors. WAC 365-190-030(10).
13 "Long-term commercial significance" includes the growing capacity, productivity, and soil composition
of the land for long-term commercial production, in consideration with the land's proximity to population
areas, and the possibility of more intense uses of land. Long-term commercial significance means the
land is capable of producing the specified natural resources at commercially sustainable levels for at least
the twenty-year planning period, if adequately conserved. Designated mineral resource lands of long-term
commercial significance may have alternative post -mining land uses, as provided by the Surface Mining
Reclamation Act, comprehensive plan and development regulations, or other laws. WAC 365-190-
030(11).
14 (12) "Mine hazard areas" are those areas directly underlain by, adjacent to, or affected by mine
workings such as adits, tunnels, drifts, or air shafts. WAC 365-190-030(12).
15 (13) "Mineral resource lands" means lands primarily devoted to the extraction of minerals or that have
known or potential long-term commercial significance for the extraction of minerals. WAC 365-190-
��,(13).
16 (14) "Minerals" include gravel, sand, and valuable metallic substances. WAC 365-190-030(14).
17 (15) "Natural resource lands" means agricultural, forest and mineral resource lands which have long-
term commercial significance. WAC 365-190-030(15).
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"Public facilities" has the same meaning as in WAC 365-190-030(16).1$
"Public services" has the same meaning as in WAC 365-190-030(17).19
18.10.170 Q definitions.
None.
18.10.180 R definitions.
"RCW" means the Revised Code of Washington, as it now exists or may be amended in the future.
18.10.190 S definitions.
"Seiche and landslide generated wave hazard areas" means lake and marine shoreline areas
susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of a seiche
or landslide generated waves. No known best available science is currently available to
characterize potential seiche hazards in Jefferson County.
"Seismic hazard areas" has the same meaning as in WAC 365-190-030(18).20
"Species of local importance" has the same meaning as in WAC 365-190-030(19).21
"SIPZ" means seawater intrusion protection zones.
18.10.200 T definitions.
"Tsunami hazard areas" means coastal areas susceptible to flooding, inundation, debris impact,
and/or mass wasting as the result of a tsunami generated by seismic events.
18.10.210 U definitions.
"Urban growth" has the same meaning as in WAC 365-190-030(20).22
18 (16) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems,
traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools. WAC 365-190-030(16).
19 (17) "Public services" include fire protection and suppression, law enforcement, public health,
education, recreation, environmental protection, and other governmental services. WAC 365-190-
20 (18) "Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake
induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.
WAC 365-190-030(18).
21 (19) "Species of local importance" are those species that are of local concern due to their population
status or their sensitivity to habitat alteration or that are game species. WAC 365-190-030(19).
22 "Urban growth" refers to growth that makes intensive use of land for the location of buildings,
structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of
such land for the production of food, other agricultural products, or fiber, or the extraction of mineral
resources. Urban growth typically requires urban governmental services. "Characterized by urban growth"
refers to land having urban growth located on it, or to land located in relationship to an area with urban
growth on it as to be appropriate for urban growth. WAC 365-190-030(20).
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18.10.220 V definitions.
None.
i Esti [1>11'46111►Jr Ma ih[fi eM,
"WAC" means the Washington Administrative Code, as it now exists or may be amended in the
future.
"Wetland" or "wetlands" has the same meaning as in WAC 365-190-030(22).23
"Wetland specialist" means a person with experience and training in wetlands issues and with
experience in performing delineations, analyzing wetland functions and values, analyzing
wetland impacts, and recommending wetland mitigation and restoration. Qualifications include:
(1) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany,
environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two years
of related work experience, including a minimum of one year experience delineating wetlands
and preparing wetland reports and mitigation plans using the following manuals and guidelines:
Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers
Wetlands Delineation Manual 1987 edition and corresponding guidance letters, March 1997
Washington State Wetlands Identification and Delineation Manual, Washington State Wetlands
Rating System for Western Washington, as now or hereafter amended. Additional education
may substitute for one year of related work experience; or (2) four years of related work
experience and training, with a minimum of two years' experience. delineating wetlands using
the manuals cited above and preparing wetland reports and mitigation plans. The person should
be familiar with the Pierce County Site Development Regulations, Pierce County Wetland
Management Policies, Ordinance Nos. 88-182 and 89-162, and the requirements of this Title.
"Wildlife biologist" means a person with experience and training within the last ten years in the
principles of wildlife management and with practical knowledge in the habits, distribution, and
environmental management of wildlife. Qualifications include:
(a) Certification as professional wildlife biologist through the Wildlife Society;
(b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology,
ecology, zoology, or a related field from an accredited institution and two years of
professional field experience; or,
23 (22) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after
July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.
However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to
mitigate conversion of wetlands, if permitted by the county or city.
WAC 365-190-030(22).
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(c) Five or more years of experience as a practicing wildlife biologist with a minimum of three
years of practical field experience.
18.10.240 X definitions.
None.
18.10.250 Y definitions.
None.
18.10.260 Z definitions.
None.
Chapter 18.20
PERFORMANCE AND USE -SPECIFIC STANDARDS
Sections:
JCC 18.20.030 Agricultural activities and accessory uses. za
(1) Definitions. For the purposes of this section, the definitions in Chapter 9'? JCC shall apply.
(2) Agricultural Activities.
(a) Where Allowed. Agricultural activities, as defined above and excepting those related to
recreational marijuana/cannabis, are an allowed use under any of the Comprehensive Plan
land use designations, subject to the provisions of this subsection, except that "processing,"
"packing," and "sales" are regulated under subsection (3) (Accessory Uses). Agricultural
activities related to marijuana producing, processing and retail are subject to this section and
JCC 18.20.295 for recreational marijuana/cannabis. Where conflicts occur, the more
restrictive performance standards shall apply.
(b) When Exempt from Permit Process. Agricultural activities are considered a matter of right
and not subject to land use permits or approval from the administrator, except:
(i) Other Applicable Laws and Rules. This section does not exempt the proponent from
acquiring any other required approvals from county, state, or federal agencies, including,
but not limited to, approvals related to matters of public health, safety, and welfare.
(ii) Critical Areas Ordinance. If there is any conflict between this chapter and Chapter
18.22 JCC, the most protective requirement applies.
(iii) Stormwater Management. Jefferson County stormwater management regulations and
procedures are described in JCC 18.30.060, Grading and excavation standards, and
24 This section is the result of the work of the Regulatory Task Force appointed by the Board of County
Commissioners.
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JCC 18.30.070, Stormwater management standards. These sections pertain to
agricultural activities in the following manner:
(A) Commercial agriculture is exempt from stormwater management minimum
standards pursuant to JCC 18.30.070(2) and the referenced Department of Ecology
Stormwater Management Manual for Western Washington (manual).
(B) According to the manual, "commercial agriculture" is defined as:
Those activities conducted on lands defined in RCW 84.34.020(2), and activities
involved in the production of crops or livestock for wholesale trade. An activity ceases
to be considered commercial agriculture when the area on which it is conducted is
proposed for conversion to a nonagricultural use or has Iain idle for more than five
years, unless the idle land is registered in a federal or state soils conservation
program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or
drainage ditches related to an existing and ongoing agricultural activity.
(C) Accordingly, agricultural activities such as land preparation for the cultivation of
crops or the grazing of livestock and the maintenance of agricultural irrigation and
drainage infrastructure are exempt from meeting the minimum requirements for
stormwater management and from obtaining a stormwater management permit.
(D) This exemption does not apply to new development that is secondarily related to
agriculture and that involves the construction of new structures, such as buildings for
agricultural processing and retail sales, and the addition of impervious surfaces, such
as compacted areas designed to accommodate parking.
(E) This exemption does not apply to the initial clearing of forested land. Conversion
of forested land to some other use incompatible with commercial forestry, as defined
in the Forest Practices Act, Chapter 76.09 RCW, requires review under
JCC 18.20.160, 18.30.060 and 18.30.070. The State Department of Natural
Resources may also require a Class IV general forest practices application.
(iv) Farm Ponds and Irrigation Infrastructure.
(A) Construction or expansion of farm and stock ponds and irrigation ditches and
infrastructure in association with commercial agriculture as defined above is exempt
from meeting stormwater management minimum standards and from obtaining
approval; provided, these activities are not conducted in critical areas or critical area
buffers as defined in Chapter 18.22 JCC. Landowners are encouraged to document
the creation of new exempt ponds through photographs (before, during, and after
construction) in order to facilitate any future development review on the property.
(B) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed
in accordance with JCC 18.30.060(2) and 18.30.070 and construction of a pond of
one-half acre or less which is not in a regulated wetland are exempt from the
stormwater management permit requirement outlined in JCC 18.30.070(5).
(v) Livestock Management.
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(A) On designated agricultural lands, livestock management is allowed as a matter of
right, except:
(1) Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a consistency review land use permit (i.e., "Yes" or Type
1).
(11) Any activity that meets the state or federal definition for a custom slaughtering
establishment, custom meat facility, or medium concentrated animal feeding
operation (medium CAFO) requires a conditional administrative (C(a)) land use
permit.
(111) Any operation that meets the state or federal definition for a large concentrated
animal feeding operation (CAFO), certified feed lot, public livestock market,
stockyard, warehouse, or grain elevator requires a conditional use (C) land use
permit.
(B) On lands that are not designated agricultural lands, livestock management is
allowed as a matter of right, except:
(1) The slaughter and preparation of between 100 and 1,000 chickens or other fowl
in a calendar year by the agricultural producer of the chickens for the sale of whole
raw chickens by the producer directly to the ultimate consumer at the producer's
farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall
be prohibited.
(11) Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a conditional administrative land use permit (C(a)).
(III) Any operation that meets the state or federal definition for a custom
slaughtering establishment, custom meat facility, certified feed lot, public livestock
market, stockyard, warehouse, grain elevator, or medium or large concentrated
animal feeding operation (CAFO) shall be prohibited, except in the heavy industrial
land use designation, where a conditional use (C) land use permit shall be
required.
(C) Facilities for breeding and maintaining working dogs raised for livestock
management purposes are exempt from performance of JCC 18.20.060(2), Animal
kennels, catteries, and shelters, in order to allow livestock guardian dogs to work
during nighttime hours. Facilities for breeding and raising dogs for show or sale must
be incidental and accessory to the principal farm activities and meet all of the
performance standards for animal kennels and shelters at JCC 18.20.060(2).
(vi) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do
not require a building permit from the department of community development.
(A) No county building permit is required for buildings or structures erected exclusively
for the storage of livestock, feed, and/or farm implements; provided, these structures
are: freestanding, located at least 10 feet from the nearest structure and not attached
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to any structure, unless attached to another agricultural building; do not contain
plumbing, except as necessary to maintain farm animals; do not contain a heat source,
such as a wood stove or electric heat, unless specifically permitted.
(B) Agricultural buildings that contain plumbing other than that as authorized above
must obtain a plumbing installation permit and health department approval.
(C) Agricultural buildings that contain a heat source for an agricultural purpose must
obtain a wood stove permit or an electrical permit as appropriate.
(D) Agricultural buildings used for the storage of private automobiles, trucks, etc.,
which are not licensed as farm equipment, are considered garages or carports, and
must obtain a building permit.
(E) Agricultural buildings used for the purpose of hosting members of the public for the
purpose of retail sales of agricultural products or machinery constructed on site shall
require a building permit to ensure life safety and structural integrity. If an older
agricultural building constructed under the building permit exemption for agricultural
buildings is proposed for hosting members of the public, the building shall be brought
into compliance with the building code, as determined by the building official.
(F) The building official shall judge whether a proposed structure, a structure under
construction, or a completed structure violates this building permit exemption. A
structure determined to be in violation will be considered a structure subject to the
building code.
(G) Temporary growing structures used solely for the commercial production of
horticultural plants including ornamental plants, flowers, vegetables, and fruits are not
considered structures subject to the State Building Code, Chapter 19.27 RCW,
pursuant to RCW 19.27.065.
(3) Accessory Uses.
(a) General Provisions. Pursuant to RCW 36.70A.177:
(i) Accessory uses that support, promote, or sustain agricultural operations and production
shall comply with the following:
(A) Accessory uses shall be located, designed, and operated so as not to interfere with
natural resource land uses and shall be accessory to the growing of crops or raising
of animals;
(B) Accessory commercial or retail uses shall predominantly produce, store, or sell
regionally produced agricultural products from one or more producers, products
derived from regional agricultural production, agriculturally related experiences, or
products produced on site. Accessory commercial and retail uses shall offer for sale
predominantly products or services produced on site; and,
(C) Accessory uses may operate out of existing or new buildings with parking and
other supportive uses consistent with the size and scale of existing agricultural
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EXHIBIT A
buildings on the site but shall not otherwise convert agricultural land to nonagricultural
uses.
(ii) Accessory uses may include compatible commercial or retail uses including, but not
limited to:
(A) Storage and refrigeration of regional agricultural products;
(B) Production, sales, and marketing of value-added agricultural products derived from
regional sources;
(C) Supplemental sources of on-farm income that support and sustain on-farm
agricultural operations and production;
(D) Support services that facilitate the production, marketing, and distribution of
agricultural products; and,
(E) Off -farm and on-farm sales and marketing of predominantly regional agricultural
products and experiences locally made art and arts and crafts, and ancillary retail sales
or service activities.
(b) Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands,
except those for recreational marijuana. All recreational marijuana activities are subject to
specific process approval allowances and prohibitions per JCC 18.15.040, Table 3-1, for
recreational marijuana and the performance standards in JCC 18.20.295.
(c) Where Prohibited. Accessory uses to agriculture, as defined, and regulated in this section,
are prohibited in all land use districts except agricultural lands. Proposals that would be
classified accessory uses in agricultural lands, such as processing, packing, and sales of
agricultural products, may be considered and approved in other land use districts under
different and appropriate land use classifications, such as commercial use, light industrial use,
home business, cottage industry, or small-scale recreation and tourist use, subject to allowed
and prohibited uses per land use district and the associated permit processes and approval
criteria.
(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those
for recreational marijuana, are considered a matter of right and not subject to land use permits
or approval from the administrator, subject to the following limitations and provisions in
association with these various use categories:
(i) General. All accessory uses, when exempted from a permit or approval process, shall
be conducted in such a manner that:
(A) Parking for all visitors or suppliers is fully accommodated on site in a location and
manner that does not encroach upon or negatively impact critical areas and their
protection buffers and that converts as little prime agricultural soil as practicable into
nonagricultural use.
(B) New structures are constructed or existing structures are expanded in a location
and manner that does not encroach upon or negatively impact critical areas and their
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EXHIBIT A
protection buffers and that converts as little prime agricultural soil as practicable into
nonagricultural use.
(ii) Composting and recycling must be nonhazardous and biodegradable.
(iii) Processing and packing agricultural products if at least 50 percent of the product was
raised or produced on the site or on other Jefferson County parcels, including but not
limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc.,
including cooperative processing and packing involving more than one local farmer.
(iv) Retail and wholesale sales of agricultural products from existing or new farm stands
and farm buildings, including cooperative sales involving more than one local farmer,
subject to the following provisions:
(A) At least 50 percent of the square footage of the undercover, retail display area is
comprised of products from the farm on which the stand is located or from land owned
by the owner of the stand.
(B) If less than 50 percent of the products sold come from the farm on which the sale
occurs, all the products sold must primarily supply local agricultural activities and the
sales must be accessory to the prime function of the land as a farm. Examples are
sale of hay, specialized livestock materials, farm equipment, livestock fencing,
horticultural supplies, etc.
(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of
equipment, structures, or machinery manufactured on site for use in agricultural
operations subject to the following provisions:
(A) The activity must be accessory to the main function of the property as a farm.
(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses —
Standards for site development.
(C) Storage of vehicles, equipment, materials or products not related to agriculture
must meet the requirements of JCC 18.20.280, Outdoor storage yards.
(vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on
a temporary or continuous basis, such as U -Pick farm sales, retail sales of farm products,
farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm
tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc., subject to the following provisions:
(A) All activities must be closely related to normal agricultural activities. Activities
which simply adopt an agricultural theme or setting but which are not otherwise a
normal extension of agricultural activities are not permitted as a matter of right;
however, they may be considered under JCC 18.20.350, Small-scale recreation and
tourist uses. The following list of uses not permitted as a matter of right is illustrative
but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade
type games and activities, dance halls, stage performances, drinking establishments
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that serve alcohol which is not wine produced on site, fireworks, sporting events, caged
wild animals, exhibits, etc.
(B) Temporary events that are not related to agriculture are regulated by
JCC 18.20.380, Temporary outdoor uses.
(vii) Classes. Subject to the following provisions:
(A) Classes are clearly accessory to the primary function of the farm.
(B) Classes must not exceed four weeks in length for any single course of instruction.
Schools with classes that exceed four weeks must meet the provisions of subsection
(3)(e)(ii)(B) of this section, addressing agricultural schools.
(C) If students are regularly housed on site for the class, the provisions of
JCC 18.20.210, Hospitality establishments, shall apply.
(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting,
sawing, processing, assembling and selling lumber is limited to timber from the designated
agricultural lands property on which the activity is located and is subject to the regulations
of JCC 18.20.230, Lumber mills (portable and stationary).
(e) When Permit Process Is Required.
(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are
best described as one of the uses listed in subsection (3)(d) of this section and yet exceed
or lie outside of the terms and limitations in subsection (3)(d) of this section are considered
discretionary uses (i.e., "D" uses), as defined at JCC 18.15.020(1)(b), and subject to a
Type II administrative review as specified in Chapter 18.40 JCC. The administrator may
classify the proposed use as an allowed "yes" use, conditional administrative use,
conditional use, or prohibited use. The permit process is subsequently conducted pursuant
to Chapter 18.40 JCC according to the use classification.
(ii) Other Accessory Uses. The following accessory uses may be permitted on designated
agricultural lands subject to a discretionary determination by the administrator (i.e., a Type
II administrative review process for a "D" use); provided, they are located, designed and
operated so as not to interfere with natural resource land uses and subject to the following
provisions in association with these various use categories:
(A) Permanent and/or seasonal farm worker housing, in addition to an accessory
dwelling unit; provided:
(1) The housing is used exclusively for agricultural workers on the farm and their
families or members of the family of the farm owner with at least one member of
each household actively working on the farm.
(11) The housing for farm labor is not sold, leased or rented to the general public
unless the owner applies for and receives a permit for an agriculture -related
recreational or tourist use as specified in JCC 18.20.350.
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(III) The farm worker housing units are constructed in such a manner that they
meet all applicable regulations for dwelling units for agricultural worker housing.
(IV) A covenant is recorded with the title of the parcel on which the housing is
located in a form satisfactory to the county that specifies that the units are
exclusively for use by farm laborers and their families employed on the property by
the owner. The use of the farm labor dwelling units may be converted to
nonagricultural uses and the covenant removed subject to approval by the
administrator and issuance of any required land use permits.
(V) The accommodations shall not require the extension of public sewer services.
(B) Agricultural schools which offer a program that lasts for more than 30 days per
year per student and which may be the primary function of the land, subject to the
following provisions:
(1) The predominant focus of the curriculum and activities of the school is closely
tied to and dependent upon agricultural activities and facilities on the farm. If the
school has a conventional curriculum and is merely utilizing an agrarian setting, it
does not qualify for location on designated agricultural land.
(11) Agricultural schools under this section which also house students and/or faculty
for the duration of the course of study must meet the requirements of
JCC 18.40.490 for a conditional use permit.
(III) Buildings and parking facilities used for the school avoid location on prime
agricultural soils, whenever practicable.
(C) Veterinary clinics or hospitals which have at least a portion of their business
serving large domestic animals necessitating holding pens, paddocks, etc., subject to
the provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do
not include an on-site, large animal practice are not permitted on land designated
agricultural land.
(D) Farm restaurant when it is a component of the agritourism activities of a farm
subject to the restrictions in JCC 18.20.350(1).
(E) Farm campground for fishing or hunting on or near farm property subject to the
regulations in JCC 18.20.350(6)(a)(i) through (ix).
(F) Guide services associated with livestock used for trail riding, packing, etc.
(G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350.
(H) Commercial display gardens subject to the requirements of JCC 18.20.350(3)
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Chapter 18.22
CRITICAL AREAS
Sections:
Article I. Authority, Purpose, and Intent
18.22.100 Authority.
18.22.110 Purpose.
18.22.120 Intent and Construction of Chapter.
Article II. Administrative Provisions
18.22.200 Applicability.
18.22.210 Identification and mapping of critical areas.
18.22.220 Critical area review process.
18.22.230 General exemptions.
18.22.240 Nonconforming uses and structures.
18.22.250 Variances.
18.22.260 Reasonable economic use exceptions.
18.22.270 Physical separation — Functional isolation.
18.22.280 Adaptive Management.
Article III. Critical Aquifer Recharge Areas
18.22.300 Purpose.
18.22.310 Classification/designation.
18.22.320 Applicability.
18.22.330 Protection standards.
Article IV. Frequently Flooded Areas
18.22.400 Purpose.
18.22.410 Classification/designation.
18.22.420 Applicability.
18.22.430 Protection Standards - Incorporation by reference of Chapter 15.15 JCC and additional
requirements.
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Article V. Geologically Hazardous Areas
18.22.500 Purpose.
18.22.510 Classification/designation.
18.22.520 Regulated activities.
18.22.530 Protection standards.
18.22.540 Required Assessments and Reports.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600 Purpose.
18.22.610 Classification/designation.
18.22.620 Regulated activities.
18.22.630 Protection standards.
Table 18.22.630(1): Stream Buffers.
Table 18.22.630(2): Buffers for Other FWHCAs.
18.22.640 Buffer Reductions and Averaging.
18.22.650 Habitat management plans — When required.
18.22.660 Mitigation.
Article VII. Wetlands
18.22.700 Purpose.
18.22.710 Classification/designation.
18.22.720 Regulated activities.
18.22.730 Protection standards.
Table 18.22.730(1) Standard Wetland Buffer Widths.
18.22.740 Mitigation.
Table 18.22.740(1): Required Replacement Ratios for Compensatory Wetland
Mitigation.
Article VIII Agriculture
18.22.800 Purpose.
18.22.810 Resource Concerns.
18.22.820 Applicability and Classification.
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18.22.830 Protection Standards.
Table 18.22.830(1): Agriculture Activities Allowances in Wetland/Stream and
Buffers
18.22.840 Monitoring and Adaptive Management.
18.22.850 Compliance.
18.22.860 Limited Public Disclosure.
Article IX. Special Reports
18.22.900 Purpose.
18.22.905 General requirements.
18.22.910 Waivers.
18.22.915 Retaining consultants.
18.22.920 Acceptance of special reports.
18.22.930 Critical aquifer recharge area reports.
18.22.940 Frequently flooded area reports.
18.22.945 Geologically hazardous area reports.
18.22.950 Habitat management plan.
18.22.955 Process and requirements for designating habitats of local importance as critical
areas.
18.22.960 Wetland reports.
18.22.965 Critical area stewardship plan reports.
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Article I. Authority, Purpose, and Intent
18.22.100 Authority.
This chapter is adopted under the authority of Article XI, Section 11 of the Washington State
Constitution, Chapter 36.70 RCW, which empowers a county to enact a critical area ordinance
and provide for its administration, enforcement and amendment, and Chapter 36.70A RCW, the
Growth Management Act.
18.22.110 Purpose.
The purpose of this chapter is to adopt development regulations that protect critical areas25 that
are required to be designated under RCW 36.70A.170 part of the Growth Management Act
(Chapter 36.70A RCW).
18.22.120 Intent and Construction of Chapter.
The intent of this chapter is to comply with the requirements for critical areas in the Growth
Management Act (Chapter 36.70A RCW), the Growth Management Act implementing regulations
(Chapter 365-190 WAC), and the Jefferson County Comprehensive Plan. The provisions of this
chapter and all proceedings under it shall be liberally construed with a view to affect its purpose
and intent.
Article II. Administrative Provisions
18.22.200 Applicability.
(1) This chapter applies to any land disturbing activity '26 development,27 or activity undertaken on
land located within or containing a critical area or a critical area buffer in Jefferson County. All
persons within Jefferson County shall comply with this chapter.
(2) Jefferson County shall not grant any permit or other approval to alter a critical area or a critical
area buffer without ensuring compliance with this chapter.
(3) No land disturbing activity, development, or activity on land located within or containing a
critical area or a critical area buffer in Jefferson County shall be authorized without full compliance
with the terms of this chapter.
25 Revised definition in JCC 18.10.030: "Critical areas" has the same meaning as in WAC 365-190-
030(4).
26 "Land disturbing activity" means any activity that results in movement of earth, or a change in the
existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land
disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction
that is associated with stabilization of structures and road construction shall also be considered a land
disturbing activity. Vegetation maintenance practices are not considered land -disturbing activity. JCC
18.10.120.
27 "Development" means the division of a parcel into two or more parcels; the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any structure; any grading, excavation,
mining, landfill; or, any extension of the use of land. JCC 18.10.040.
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(4) Areas characterized by a particular critical area may also be subject to other regulations
established by this chapter due to the overlap or multiple functions of some critical areas. When
one critical area adjoins or overlaps another, the more restrictive standards shall apply.
(5) Uses, development, and activities in critical areas or critical area buffers for which no permit
or approval is required by any other provision of the Jefferson County Code nevertheless are
subject to the requirements of this chapter.
(6) When any provision of this chapter is in conflict with any other section of the Jefferson County
Code, the provision that provides most protection to the critical area shall apply, except that any
critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the
policies and regulations in Chapter 18.25 JCC.
(7) Compliance with these regulations does not remove an applicant from the obligation to comply
with all other applicable federal, state, and/or local regulations.
(8) Any action taken in a critical area or a critical area buffer designated by this chapter that is in
violation of the standards and conditions contained in this chapter is expressly prohibited.
(9) The requirements of this chapter shall apply concurrently with review conducted under the
State Environmental Policy Act (SEPA) (Chapter 43.21 C RCW), as locally adopted
(Chapter 18.40 JCC). Any conditions required pursuant to this chapter shall be coordinated with
the SEPA review and threshold determination.
(10) This chapter applies to all forest practices over which Jefferson County has jurisdiction under
Chapter 76.09 RCW and Title 222 WAC.
18.22.210 Identification and mapping of critical areas.
(1) The approximate location and extent of critical areas within the county are displayed on various
inventory maps available on the Jefferson County geographic information system (GIS) web site.
(2) The critical areas maps are provided only as a general guide to alert the viewer to the possible
location and extent of critical areas. These maps shall not be relied upon exclusively to establish
the existence/absence or boundaries of a critical area, or to establish whether all of the elements
necessary to identify an area as a critical area actually exist.
(3) The type, extent and boundaries may be determined in the field by a geotechnical professional,
wetland specialist, wildlife biologist or staff person according to the requirements of this chapter.
In the event of a conflict between a critical area location shown on the county's maps and that of
an on-site determination, the on-site determination will apply.
(4) To the extent practicable, the county shall ensure that its critical area maps are updated as
inventories are completed in compliance with the requirements of the Growth Management Act.
18.22.220 Critical area review process.
(1) All applicants for new development are encouraged have a customer assistance meeting with
the department prior to applying for a permit. Fees for a customer assistance meeting may be
applied towards the application fee for the same project. The purpose of this customer
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assistance meeting is to discuss zoning and applicable critical area requirements, to review
any conceptual site plans prepared by the applicant and to identify potential impacts and
mitigation measures. Such conference shall be for the convenience of the applicant, and any
recommendations shall not be binding on the applicant or the county.
(2) The Department shall perform a critical area review for any application submitted for a
regulated activity. Reviews for multiple critical areas shall occur concurrently. For critical areas
within shoreline jurisdiction, critical area review shall occur as part of the shoreline review
process.
(3) he Department shall, to the extent reasonable, consolidate the processing of related
aspects of other County regulatory programs which affect activities in regulated critical areas,
such as subdivision or site development, with the approval process established in this chapter
so as to provide a timely and coordinated review process.
(4) As part of the review of all development or building -related approvals or permit applications,
the Department shall review the information submitted by the applicant to:
(a) Confirm the nature and type of the critical area and evaluate any required assessments,
reports, or studies;
(b) Determine whether the development proposal is consistent with this chapter;
(c) Determine whether any proposed alterations to the site containing critical areas are
necessary; and,
(d) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient
to protect the public health, safety, and welfare consistent with the goals, purposes, objectives,
and requirements of this chapter.
(4) If a proposal has the potential to impact a critical area or a buffer, the administrator may require
a special report pursuant to this chapter. When required, critical area special reports are subject
to the following requirements:
(a) The applicant is required to submit a critical area report prepared by a qualified
professional based on the report requirements of this chapter;
(b) The report will be evaluated to determine if all potential impacts to the critical area or buffer
have been addressed in the critical area report;
(c) Any impacts of the proposed development will be reviewed for compliance with mitigation
sequencing requirements (as defined in JCC 18.10.130) and determine if the mitigation plan
sufficiently addresses the potential impacts; and,
(d) Ensure that the submittal for critical areas is consistent with other documents submitted as
part of the application and that the submittal is consistent with the requirements for a complete
application in Chapter 18.40 JCC.(5) At every stage of the application process, the burden of
demonstrating that a proposal is consistent with this chapter is upon the applicant
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18.22.230 General exemptions.
(1) The activities listed in JCC 18.22.230(5) are exempt from the requirements of this chapter,
assuming the proposed activity complies with all provisions of the exemption.
(2) The administrator may determine that an activity is closely allied or similar to any activity in
this list even if the proposed does not meet the precise terms of a listed exempt activity. The
administrator is authorized to determine through a Type I permit process whether or not a
development should be classified as an exempt activity and that such an activity does not impact
the functions and values of any critical area or a critical area buffer.
(3) It is the responsibility of the applicant to provide sufficient information for the administrator to
determine that one of the exemptions listed in JCC 18.22.230(5) applies.
(4) The following activities in critical areas or critical area buffers are exempt from the requirements of
this chapter:
(a) Agriculture, as defined in JCC 18.10.010, may continue in substantively the same manner;
provided, the activity does not result in adverse impacts to a critical area or a critical area
buffer. This exemption shall include maintenance and repair of lawfully established structures,
infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work
does not expand further into a critical area.
(b) Forest Practices. Class I, II, III, and IV special (not Class IV general) forest practices
regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest
practice regulations, Title 222 WAC, except where the lands have been or are proposed to be
converted to a use other than commercial forest product production.
(c) Maintenance — Transportation. Maintenance or reconstruction of existing public or private
roads, paths, bicycle ways, trails, and bridges, provided that the maintenance or
reconstruction complies with the additional requirements in JCC 18.22.230(5).
(d) Maintenance or Reconstruction — On-site Sewage Systems. Maintenance or
reconstruction of on-site sewage systems; provided, the maintenance or reconstruction
complies with the additional requirements in JCC 18.22.230(5).
(e) Maintenance — Drainage. Maintenance and repair of existing drainage facilities or systems
and flood control structures, including, but not limited to, ditches that do not meet the criteria
for being considered a fish and wildlife habitat conservation area, culverts, catch basins,
levees, reservoirs, and outfalls; provided, the maintenance or repair complies with the
additional requirements in JCC 18.22.230(5).(f) Utility activities. This exemption is limited to
the utility activities listed below; provided, the utility activities complies with the additional
requirements in JCC 18.22.230(5):
(i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or,
(ii) Installation, construction, relocation and replacement, operation, repair, or alteration of
all utility lines, equipment, or appurtenances, not including substations, in improved road
rights-of-way.
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(g) Reconstruction, Remodeling, or Maintenance — Structures. This exemption is limited to
reconstruction, remodeling, or maintenance of existing structures within the footprint of an
existing lawfully established structure provided the maintenance complies with the additional
requirements in JCC 18.22.230(5), work areas are minimized to the fullest extent possible,
work areas are restored to previous conditions as soon as construction is complete, and
staging areas are located outside of all critical areas and critical area buffers. This exemption
shall not apply if the activity creates or continues a circumstance where personal or property
damage is likely due to conditions of the critical area or if there is further intrusion into a critical
area or a critical area buffer.
(h) Site Investigative Work. Site investigative work in wetlands, landslide hazard areas,
riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areas, or
their critical area buffers that is necessary for land use application submittals or permit
compliance, including but not limited to groundwater monitoring wells, sediment sampling,
surveys, soil borings, shallow soil test pits, and percolation tests involving no fill or use of
heavy equipment; provided, the site investigative work complies with the additional
requirements in JCC 18.22.230(5) and excavation for soil logs or percolation tests are filled.
(i) Emergency Action. Action that is taken which is necessary to resolve or prevent imminent
threat or danger to public health or safety, or to public or private property, or serious
environmental degradation; provided, the emergency action complies with the additional
requirements in JCC 18.22.230(5). If the nature of the emergency requires immediate action
within a time period too short to allow full compliance with this chapter, the department, as
well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers),
must be notified of the emergency action within one working day of the initiation of the
emergency action. Any person or agency undertaking emergency action using this exemption
must submit a complete application to department for review and approval within 30 days of
abatement of the emergency, and the `after -the -fact' application must show compliance with
all requirements of this chapter. Any impacts to critical areas or critical area buffers that are
not mitigated within one year of issuance of an `after -the -fact' permit shall be in violation of
this exemption and may be subject to enforcement actions by the department.
(j) Artificial Wetlands and Artificial Ponds. Artificial Wetlands and Artificial Ponds, provided:
(i) The artificial wetland or pond does not meet the definition of wetland or fish and
wildlife habitat conservation area; and,
(ii) The artificial wetland or pond was not historically constructed from a wetland or
fish and wildlife habitat conservation area (without receiving all applicable permits
to modify the critical area).
(k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other
irrigation structures and facilities that do not require a state hydraulic Permit28 and do not meet
the criteria for being designated a fish and wildlife habitat conservation area; provided, the
maintenance or repair complies with JCC 18.22.230(5).
28 Inserted per WDFW comments
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(1) Passive Recreation. Passive recreation, when the activity does not cause adverse impacts.
Examples include, but are not limited to, such recreational uses as swimming,
canoeing/kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and
bicycling.
(m) Existing Residential Landscaping. Planting, irrigating, mowing, pruning, and maintenance and
repair of land scaping structures; provided, these activities are part of existing normal residential
landscaping activities and no building permit is required and the landscaping complies with JCC
18.22.230(5). This exemption does not allow any additional intrusion, expansion, or introduction
of non-native species into a critical area or a critical area buffer.
(n) Noxious Weed Control. Removal or eradication of noxious weeds listed in Chapter 16-750
WAC. Such activity is the responsibility of the landowner; provided, the following conditions
are met:
(i) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson
County noxious weed control board. The Jefferson County noxious weed control board
shall coordinate with the department of planning and community development for the
control of noxious weeds in wetlands.
(ii) All herbicide applications in aquatic environments shall conform to the rules of the
Department of Ecology, Department of Agriculture and Department of Natural Resources,
pursuant to Chapters 16-228, 173-201 a, and 222-38 WAC.
(o) Harvesting of Wild Crops. The harvesting of wild crops; provided, that the harvesting:
(i) Is not injurious to natural reproduction of such crops;
(ii) Does not require tilling soil, planting crops, or changing existing topography, water
conditions, or water sources; and,
(iii) Does not have any adverse impacts on protection of the critical area or a critical area
buffer.
(p) Planting Native Vegetation. The enhancement of a critical area buffer by planting native
vegetation.
(q) New Trails. The construction of new, unpaved, non -motorized trails when located in the
outer 25% of a wetland or a fish and wildlife habitat conservation area or their critical area
buffers; provided, the new trail is no wider than five feet. This exemption shall not apply within
a frequently flooded area or its critical area buffer, where development must follow FEMA
requirements, or within a geologically hazardous area or its critical area buffer if the new trail
will be for public use.
(r) Navigation Aids and Boundary Markers. Installation of navigation aids and boundary
markers; provided, they are installed in accordance with applicable state and federal laws or
the installation of mooring buoys in accordance with the Department of Fish and Wildlife
design guidelines and the Jefferson County Shoreline Management Program (Chapter 18.25
JCC).
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(5) Additional Protection and Restoration Requirements. Where compliance with this section is
required by a section above, all of the following requirements must be met:
(a) Prior to the start of the activity for which an exemption is sought, the applicant must submit
to the department a written description of the activity that includes at least the following
information:
(i) Type, timing, frequency, and sequence of the activity to be conducted;
(ii) Type of equipment to be used (hand or mechanical);
(iii) Manner in which the equipment will be used; and,
(iv) The best management practices to be used.
The written description shall be valid for five years; provided, there is no significant change in
the type or extent of the activity.
(b) The activity cannot further alter, impact, or encroach upon critical areas or critical area
buffers and no reasonable or practicable alternative exists.
(c) The activity cannot further affect the functions of a critical area or a critical area buffer, and
no reasonable or practicable alternative exists.
(d) Best management practices must be implemented to minimize impacts to critical areas
and critical area buffers during the activity.
(e) Disturbed critical areas and critical area buffers must be restored immediately after the
activity is complete.
(f) Any impacts of the activity to a critical area or a critical area buffer must mitigated, as
approved by the administrator.
(5) The administrator has the authority to:
(a) Request information from an applicant to ensure compliance with exemption requirements;
(b) Determine whether or not an application meets the exemptions listed ; and,
(c) Take enforcement action for any land disturbing activity, development, or action
undertaken on land located within or containing a critical area or a critical area buffer in
Jefferson County that does not meet exemption requirements.
18.22.240 Nonconforming uses and structures.
(1) Any legal use or legal structure in existence on the effective date of this chapter that does not
meet the critical area or critical area buffer requirements of this chapter for any designated critical
area shall be considered a legal nonconforming use.
(2) Any use or structure for which an application has vested or for which a permit has been
obtained prior to the effective date of this chapter, that does not meet the critical area buffer
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requirements of this chapter for any designated critical area, shall be considered a legal
nonconforming use.
(3) A legal nonconforming use or structure may be maintained or repaired as allowed by this
chapter and the nonconforming provisions of JCC 18.20.260.
18.22.250 Variance
(1) Requests for relief from the dimensional or performance standards of this chapter shall require
a critical areas variance which shall be processed as a Type III permit; provided:
(2) The Hearing Examiner in accordance with JCC 2.30.070 shall have the authority to grant a
variance from the requirements of this chapter when, in the opinion of the Hearing Examiner, all
of the following criteria have been met:
(a) There are special circumstances applicable to the subject property or to the intended use
such as shape, topography, location, or surroundings that do not apply generally to
surrounding properties or that make it impossible to redesign the project to preclude the need
for a variance;
(b) The applicant has avoided impacts and provided mitigation to the maximum practical
extent;
(c) The critical area buffer reduction proposed through the variance is the minimum necessary
to accommodate the permitted use
(d) Granting the variance will not be materially detrimental to the public welfare or injurious to
the property or improvement.
(e) Granting the variance is necessary to ensure consistency with the Comprehensive Plan
and any attendant public service obligations.
(f) No other practicable or reasonable alternative exists.
(2) In lieu of criteria (a)(i)-(vi), above, an applicant may pursue a critical area variance through
proof of all of the following criteria:
(a) The applicant has avoided impacts and provided mitigation, in accordance with this
chapter, to the maximum practical extent.
(b) The variance will not adversely impact receiving water quality or quantity.
(c) The variance will not adversely impact any functional attribute of the critical area.
(d) The variance will not jeopardize the continued existence of species listed by the Federal
government or the State as endangered, threatened, sensitive, or documented priority species
or priority habitats.
(e) The variance is based on the criteria and standards referenced in this chapter.
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18.22.260 Reasonable economic use exceptions.
(1) Permit applicants for a property so encumbered by critical areas and/or buffers that application
of this chapter, including buffer averaging, buffer reduction, or other mechanism, would deny all
reasonable economic use may seek approval pursuant to the reasonable economic use standards
and procedures provided in this section.
(2) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the
application of this chapter would deny all reasonable economic use of the subject property,
including agricultural use, use or development shall be allowed if it is consistent with the zoning
code and the purposes of this chapter.
(3) To qualify as a reasonable economic use, the technical administrator or hearing examiner, as
appropriate, must find that the proposal is consistent with all of the following criteria:
(a). There is no portion of the site where the provisions of this chapter allow reasonable
economic use, including agricultural use or continuation of legal nonconforming uses;
(b) There is no feasible alternative to the proposed activities that will provide reasonable
economic use with less adverse impact on critical areas and/or buffers.
(c) Activities will be located as far as possible from critical areas and the project employs all
reasonable methods to avoid adverse effects on critical area functions and values, including
maintaining existing vegetation, topography, and hydrology. Where both critical areas and
buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical
area;
(c) The proposed activities will not result in adverse effects on endangered or threatened
species as listed by the federal government or the state of Washington, or be inconsistent
with an adopted recovery plan;
(d) Measures shall be taken to ensure the proposed activities will not cause degradation of
groundwater or surface water quality, or adversely affect drinking water supply;
(e) The proposed activities comply with all state, local and federal laws, including those related
to erosion and sediment control, pollution control, floodplain restrictions, and on-site
wastewater disposal;
(f) The proposed activities will not cause damage to other properties;
(g) The proposed activities will not increase risk to the health or safety of people on or off the
site;
(h) The inability to derive reasonable economic use of the property is not the result of
segregating or dividing the property and/or creating the condition of lack of use; and,
(i) The project includes mitigation for unavoidable critical area and buffer impacts in
accordance with the mitigation requirements of this chapter.
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18.22.270 Physical separation — Functional isolation.
(1) Exclusion for Functionally Isolated Critical Areas Buffers. Subject to the limitations in
subsection (2), critical areas buffers that are both physically separated and functionally isolated
from a critical area and do not protect the critical area from adverse impacts shall be excluded
from critical area buffers otherwise required by this chapter. Functional isolation can occur due to
existing public roads, structures, vertical separating, or any other relevant physical characteristic.
(2) Limitations on Functional Isolation.
(a) Functional isolation shall be limited to wetland buffers and fish and wildlife habitat
conservation area buffers only.
(b) Functional isolation shall not be used in geologically hazardous areas, critical aquifer
recharge areas or frequently flooded areas.
(3) Special Report May be Required. The administrator may require a special report to determine
whether a critical area buffer is functionally isolated.
18.22.280 Adaptive Management.
Adaptive management relies on scientific methods to evaluate how well regulatory and
nonregulatory actions achieve their objectives and adjusts those programs. Management, policy,
and regulatory actions are treated as experiments that are purposefully monitored and evaluated
to determine whether they are effective and, if not, how they should be improved to increase their
effectiveness. An adaptive management program is a formal and deliberate scientific approach
to taking action and obtaining information in the face of uncertainty. To effectively implement an
adaptive management program, Jefferson County, in support of this chapter will:
(1) Address funding for the research component of the adaptive management program;
(2) Change course based on the results and interpretation of new information that resolves
uncertainties; and,
(3) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and
nonregulatory actions affecting critical areas protection and anadromous fisheries.
Article III. Critical Aquifer Recharge Areas
18.22.300 Purpose
Potable water is an essential life-sustaining element for humans and many other species. Much of
Jefferson County's drinking water comes from groundwater supplies. Critical aquifer recharge areas
are important to ensure the quality and quantity of groundwater in aquifers. Preventing
contamination from land uses that may contaminate groundwater is necessary to protect water
supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is
the purpose of this article to identify and classify aquifer recharge areas in accordance with WAC
365-190-100 and balance competing needs for land uses, clean water supplies and preserve
essential natural functions and processes, especially for maintaining critical fish and wildlife
habitat conservation areas.
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18.22.310 Classification/designation.
Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable to
contamination that would affect the potability of the water, or is susceptible to reduced recharge.
Critical areas aquifer recharge area maps shall be periodically revised, modified, and updated to
reflect current information.
The following classifications define critical aquifer recharge areas:
(1) Susceptible aquifer recharge areas. Susceptible aquifer recharge areas are those with
geologic and hydrologic conditions that promote rapid infiltration of recharge waters to
groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation
of an aquifer recharge area report authorized under this article, the following geologic units, as
identified from available State of Washington Department of Natural Resources geologic
mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) Aluvial fans (Ha);
(b) Artificial fill (Hx);
(c) Beach sand and gravel (Hb);
(d) Dune sand (Hd);
(e) Floodplain alluvium (Hf);
(f) Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) Vashon recessional outwash in melt water channels (Vro);
(h) Vashon ice contact stratified drift (Vi);
(i) Vashon ablation till (Vat);
Q) Vashon advance outwash (Vao);
(k) Whidbey formation (Pw); and,
(1) Pre-Vashon stratified drift (Py).
(2) Special Aquifer Recharge Protection Areas. Special aquifer recharge protection areas include:
(a) Sole -source aquifers designated by the U.S. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. §300f et seq.), such as
Marrowstone Island;
(b) Special protection areas designated by the Washington Department of Ecology under
Chapter 173-200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies
specified by the Washington Department of Health under authority of Chapter 246-290 WAC;
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(d) Groundwater management areas designated by the Washington Department of Ecology
in cooperation with local government under Chapter 173-100 WAC.
(3) Seawater Intrusion Protection Zones (SIPZ).
(a) Seawater intrusion protection zones (SIPZ) are:
(i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater
intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to
groundwater sources that have demonstrated high chloride readings.
(ii) All islands and land area within one-quarter mile of marine shorelines and associated
aquifers together compose the coastal SIPZ.
(b) High Risk SIPZ.
(i) Existing individual groundwater sources with a history of chloride analyses above 200
mg/L are categorized as a high risk SIPZ for development proposed under this code.
(ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses
above 200 milligrams per liter (mg/L) are categorized as a high risk SIPZ for development
proposed under this code.
(c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride
analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development
proposed under this code.
(d) Connate Seawater Exception. In some cases, high chloride readings may be indicative of
connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When
best available science or a hydrogeologic evaluation demonstrates that high chloride readings in
a particular area are due to connate seawater, the area in question shall not be considered an at
risk or high risk SIPZ.
(c) Recommendation from Public Health Department. When the status of an area as either a high
risk or an at risk SIPZ is in question, the administrator is responsible for making the determination
based upon recommendation from the Jefferson County Department of Public Health.
18.22.320 Applicability.
This article applies to any development within critical aquifer recharge areas, unless the proposed
activity meets any of the exemptions listed in JCC 18.22.230.
(2) Other Activities. The following activities, when proposed in a critical aquifer recharge area shall
be subject to the protection standards in this article:
(a) All industrial and commercial land uses with the potential to impact groundwater;
(b) The following rural residential land uses:
(i)Those using a locally managed community sewage system;
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(ii)Those using a large on-site sewage system meeting the management requirements of
the State Department of Health; and,
(iii) All planned rural residential developments.
18.22.330 Protection standards.
The following protection standards shall apply to activities; provided, the activity is not prohibited
in JCC 18.22.320.
(1) Critical Area Aquifer Recharge High Impact Activities.
(a) High Impact Activities Listed. The activities listed in Table 18.22.330(1) high impact
activities due to the probability and/or potential magnitude of their adverse effects on
groundwater.
Table 18.22.330(1)—Critical Area Aquifer Recharge High Impact Activities
Critical Area Aquifer Recharge High Impact activates
Chemical manufacturing and reprocessing
Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be
permitted in susceptible aquifer recharge areas only if such areas lie outside of special
aquifer recharge protection areas and only if best management practices are
implemented pursuant to JCC 18.20.240 (2)(h)(iv) and JCC 18.30.170(1) and an
accepted aquifer recharge area report)
Dry Cleaners
Electrical battery processing, reprocessing or storage
Electroplating and metal coating activities
Hazardous substance disposal, storage, and treatment facilities
Junk and Salvage Yards
Landfills
Petroleum product refinement and reprocessing
Pipelines
Radioactive disposal or processing of radioactive wastes
Recycling centers or recycling collection facilities as defined in JCC 18.10.180
Storage tanks above or below round for hazardous substances or petroleum products
Waste piles as defined in WAC 173-303-660
Wood and wood products preserving
(b) High Impact Activities Prohibited in Areas Classified as Both a Susceptible Aquifer
Recharge Area and a Special Aquifer Recharge Protection Area. High impact activities shall
be prohibited in areas that are classified as both a susceptible aquifer recharge area and a
special aquifer recharge protection area.
(c) High Impact Activities Proposed in Areas Classified Solely as a Susceptible Aquifer
Recharge Area Require a Critical Aquifer Recharge Report. When high impact activities are
proposed for a susceptible aquifer recharge area, a critical aquifer recharge report that meets
all the requirements of JCC 18.22.930 shall be submitted to the department for review.
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(d) High Impact Activities Proposed in Areas Classified Solely as a Special Aquifer Recharge
Protection Area Require an Aquifer Recharge Area Report. When high impact activities are
proposed for a special aquifer recharge protection area, a critical aquifer recharge report that
meets all the requirements of JCC 18.22.930 shall be submitted to the department for review.
(2) Seawater Intrusion Protection Zones. New development, redevelopment, and activities on
islands and in close proximity to marine shorelines where there is a risk or a high risk of seawater
intrusion should be developed in such a manner to maximize aquifer recharge, maintain the
saltwater/freshwater balance to the maximum extent possible, and are subject to the
antidegradation policy in accordance with WAC 173-200-030 (Antidegradation Policy).
(3) Stormwater Disposal.
(a) Stormwater runoff shall be controlled and treated in accordance with best management
practices and facility design standards as identified and defined in the current Stormwater
Management Manual for Western Washington and the stormwater provisions contained in
Chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that
facilitates aquifer recharge29.
(b) To help prevent seawater from intruding landward into aquifers, all new development
activity on Marrowstone Island and within one-quarter mile of any marine shoreline shall be
required to infiltrate all stormwater runoff on site, except for those areas within the Port Ludlow
Drainage District. The administrator will consider requests for exceptions to this policy on a
case-by-case basis; provided a critical area recharge report that complies with all the
requirements of JCC 18.22.930 demonstrates the project does not pose a threat of seawater
intruding landward into aquifers.
(4) Golf Courses and Other Turf Cultivation.
(a) Golf courses shall be developed and operated in a manner consistent with the most current
edition of "Best Management Practices for Golf Course Development and Operation," King
County department of development and environmental services.
(b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of
cultivated turf shall be operated in a manner consistent with portions of the aforementioned
best management practices pertaining to fertilizer and pesticide use, storage, and disposal.
In seawater intrusion protection zones, golf courses and other turf cultivation using
groundwater for irrigation shall be prohibited, unless the water source is located outside of
seawater intrusion protection zones or in an approved public water supply.
(5) Above -Ground Storage and Underground Storage Tanks.
(a) Above -ground and underground storage tanks shall be fabricated, constructed, installed,
used and operated in a manner which prevents the release of hazardous substances to the
ground or groundwater and be consistent with the Department of Ecology's standards for
construction and installation under Chapter 173-360A WAC.
29 Inserted per WDFW comments
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(b) Above -ground storage tanks intended to hold or store hazardous substances shall be
provided with an impervious containment system, enclosing and underlying the tank; or,
ensure that other measures are undertaken as prescribed by the Uniform Fire Code which
provide an equivalent measure of protection.
(c) Underground storage tanks intended to store hazardous substances shall provide an
impervious tertiary containment system underlying the tanks or ensure that other measures
are undertaken which provide an equivalent measure of protection.
(d) When required under this section, an impervious containment system must be durable,
compatible with the substance it is meant to contain, and large enough to contain a volume equal
to 10 percent of all containers, or 110 percent of the largest single container, whichever is greater.
(6) Mining and Quarrying. For mining and quarrying, required performance standards with
groundwater protection best management practices pertaining to operation, closure, and the
operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt
concrete batch plants, where allowed, are contained in Chapters 18.20 and 18.30 JCC.
(7) Hazardous Substances. Activities that generate, handle, store, or hazardous substances,
which are not prohibited outright under this code, and which are conditionally exempt from
regulation by the Washington Department of Ecology under WAC 173-303-100 (Dangerous
Waste Criteria), or which generate, handle, store or use hazardous substances, shall be required
to prepare and submit a hazardous substances management plan that demonstrates that the
development will not have an adverse impact on groundwater quality. The hazardous substances
management plan shall describe the following:
(a) How hazardous substance(s) will be managed in a manner consistent with Chapter 8.10
JCC and Chapter 173-303 WAC;
(b) Screening of any waste suspected of being a regulated dangerous waste as defined in
JCC 8.10.100;
(c) Requirements for labeling of containers holding hazardous substances with the name of the
hazardous substance(s) and the applicable Material Safety Data Sheets; and,
(d) The secondary containment system to be used to prevent releases of hazardous substances
to the ground, groundwater, and surface water.
The facility owner must update the hazardous materials management plan annually and provide
the updated plan to the department on or before the next January 1 st, after the plan is updated.
(8) Well Drilling, Land Division, and Building Permits in Seawater Intrusion Protection Zones
(SI PZ).
(a) Well Drilling. The Washington State Department of Ecology regulates well drilling pursuant
to the Water Well Construction Act. Proposed wells, including those exempt from permitting
requirements, must be sited at least 100 feet from "known or potential sources of
contamination," which include "sea -salt water intrusion areas" (WAC 173-160-171), unless a
variance is obtained from Ecology per WAC 173-160-106.
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(b) Subdivisions. Applications for land division (Chapter 18.35 JCC) in coastal, at risk, and
high risk SIPZ must include specific and conclusive proof of adequate supplies of potable
water through a the applicant must provide a special report that satisfies all the requirements
or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b) that demonstrates that the
creation of new lots and corresponding use of water will not cause degradation of the in the
aquifer by seawater intrusion. A hydrogeologic evaluation shall not be required when the
applicant demonstrates that public water is available for the entire project.
(c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and
the existence of undeveloped lots of record, the department, in consultation with Jefferson
County Environmental Public Health will only allow land division on the island if public water
connections are provided to each lot of a proposed project and all existing wells within the
project site are decommissioned. No permit shall be approved if a public water connection to
each lot of a proposed project cannot be provided.
(d) Building Permits.
(i) Evidence of potable water may be an individual well, connection to a public water
system, or an alternative system. Whatever method is selected, the regulatory and
operational standards for that method must be met and the department will work in
consultation with the Jefferson County Public Health Department and identification of well
interference problems and impairment to senior rights is the responsibility of the
Washington Department of Ecology. If the possibility of a problem is suspected, the local
permitting authority should contact Ecology, as required by RCW 19.27.097.
(ii) All types of building permits that require proof of potable water use, as per RCW
19.27.097, are subject to this article.
(e) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy
apply to applications within the coastal, at risk, and high risk SIPZ, and upon Marrowstone
Island, in the following manner, in addition to all existing applicable health codes:
(i) Coastal SIPZ.
(A) Voluntary Actions. Voluntary actions may include but are not limited to:
(1) Water conservation measures;
(11) Ongoing well monitoring for chloride concentration; and,
(III) Submittal of data to the county.
(B) Mandatory Actions.
(1) For proof of potable water on a building permit application, applicant must utilize
DOH -approved public water system if available;
(11) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may be used as proof of potable
water subject to the following requirements:
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1. Chloride concentration of a laboratory -certified well water sample submitted
with building permit application; and,
2. Installation of source -totalizing meter (flow).
(I11) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(ii) At Risk SIPZ.
(A) Voluntary Actions.
(1) Water conservation measures.
(B) Mandatory Actions.
(1) For proof of potable water on a building permit application, the applicant must
utilize a Washington Department of Health -approved public water system if
available;
(11) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may be used as proof of potable
water subject to the following requirements:
1. Chloride concentration of a laboratory -certified well water sample submitted
with building permit application;
2. Installation of a source -totalizing meter (flow); and,
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iii) High Risk SIPZ.
(A) Mandatory Actions.
(1) Water conservation measures;
(11) For proof of potable water on a building permit application, applicant must utilize
a Washington Department of Health -approved public water system if available;
and,
(III) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may only be used as proof of potable
water subject to the following requirements:
1. Variance from the Title 173 WAC standards granted by Ecology per WAC
173-160-106 for a new groundwater well within 100 feet of a sea -salt water
intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater
source showing chloride concentrations above 200 mg/L or within 100 feet of
the marine shoreline) and with the submittal of a hydrogeologic evaluation that
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satisfies all the requirements or a hydrogeologic evaluation contained in JCC
18.22.930(2)(b);
2. For an existing groundwater well not subject to an Ecology variance, the
applicant must provide a hydrogeologic evaluation that satisfies all the
requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b),
which shall be transmitted to Ecology for review, demonstrating that use of the
well does not cause any detrimental interference with existing water rights and
is not detrimental to the public interest;
3. Chloride concentration of a laboratory -certified well water sample submitted
with building permit application;
4. If chloride concentration exceeds 250 mg/L in a water sample submitted for
a building permit, then the property owner shall be required to record a
restrictive covenant that indicates a chloride reading exceeded the U.S.
Environmental Protection Agency secondary standard (250 mg/L) under the
National Secondary Drinking Water Regulations;
5. Installation of a source -totalizing meter flow;
6. Ongoing well monitoring for chloride concentration; and,
7. Submittal of flow and chloride data to the county per monitoring program;
(IV) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk
SI PZ, and the island is served by public water, proof of potable water connection to the
public water supply will be required for all lots in the project.
(9) Mitigating Conditions. The administrator may require additional mitigating conditions, as
needed to provide protection to all critical aquifer recharge areas and to ensure that the subject
land or water use action will not pose a risk of significant adverse groundwater quality impacts.
The determination of significant adverse groundwater quality impacts will be based on the anti -
degradation policy included in Chapter 173-200 WAC.
(10) Results of Department's Review of a Critical Area Recharge Report, a Hydrogeologic
Evaluation or a Hazardous Substances Management Plan. The department shall review a
critical area recharge report, a hydrogeologic evaluation or a hazardous substances
management plan and either:
(a) Accept the critical area recharge report, the hydrogeologic evaluation or the hazardous
substances management plan and approve the application; or,
(b) Reject the critical area recharge report, the hydrogeologic evaluation or the hazardous
substances management plan and require revisions or additional information.
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(11) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval
if the protection standards contained in this section or added mitigating conditions cannot prevent
significant adverse groundwater quality impacts.
Article IV. Frequently Flooded Areas
18.22.400 Purpose
The purpose of this article is to protect the public health, safety and welfare from harm caused by
flooding and to establish protection standards for these areas. It is the intent of this article to
prevent damage and/or loss to both public and private property.
18.22.410 Classification/designation.
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater
chance of flooding in any given year, or within areas subject to flooding due to high groundwater.
These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and
areas where high groundwater forms ponds on the ground surface. Frequently flooded areas
perform important hydrologic functions and may present a risk to persons and property. Flood
hazard areas are depicted on the Federal Emergency Management Agency's Federal Insurance
Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100 -year
flood plain designations of the Federal Emergency Management Agency and the National Flood
Insurance Program.
18.22.420 Applicability.
These standards apply to any development within frequently flooded areas, unless the proposed
activity meets any of the exemptions listed in Chapter 15.15 JCC. The flood damage prevention
ordinance (Chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365-
190-1100)) through directly considering the effects of flooding on human health and safety,
together with effects on public facilities and services, through its protection standards. For
purposes of this article, development is defined as any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, storage of equipment or materials,
subdivision of land, removal of more than five percent of the native vegetation on the property, or
alteration of natural site characteristics.
18.22.430 Protection standards - Incorporation by reference of Chapter 15.15 JCC and
additional requirements.
This article incorporates by reference the classification, designation and protection provisions
contained in the Jefferson County flood damage prevention ordinance (Chapter 15.15 JCC) with
the following additions:
(1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance
(Chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with the
Federal Emergency Management Agency (FEMA) regulatory requirements. Such flood hazard
areas shall be subject to the criteria of the flood damage prevention ordinance (Chapter 15.15
JCC).
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(3) Compliance with National Marine Fisheries Service Biological Opinion.
Development proposed within regulated frequently flooded areas and floodplains shall ensure no
impacts to listed fish and wildlife habitat as required by the National Marine Fisheries Service
(NMFS) September 22, 2008 final Biological Opinion (BiOp) under the Endangered Species Act
(ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.:
2006-00472 (or as amended by NMFS).
(4) Habitat Assessment Requirements.
(a) A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted
to the department for review if any portion of the proposed project occurs within a Special
Flood Hazard Area (floodplain), as mapped by the Federal Emergency Management Agency
(FEMA)..
(b) The administrator may request federal assistance in reviewing the submitted habitat
assessment.
(c) The administrator may waive the requirement to submit a habitat assessment only if:
(i) The entire proposal meets one of the exemptions listed in Chapter 15.15 JCC and does
not require a state hydraulic Perm it30;
(ii) The proposal requires a federal permit that is reviewed by federal agencies responsible
for ensuring compliance with the Endangered Species Act (this could include, but is not
limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of
the Endangered Species Act);
(iii) A habitat assessment previously has been prepared and the proposed project clearly
fits within the nature and scope of that habitat assessment; or,
(iv) If FEMA approves an alternate process for Jefferson County to demonstrate
compliance with the Biological Opinion (such as a programmatic review), this department
may waive the requirement to submit a habitat assessment.
Article V. Geologically Hazardous Areas
18.22.500 Purpose.
The purpose of this article is to reduce risks to human life and safety and reduce the risk of
damage to structures and property from geologic hazards, to allow for natural geologic processes
supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land
use and planning decisions. It is recognized that the elimination of all risk from geologic hazards
is not feasible to achieve but the purpose of this article is to reduce the risk to acceptable levels.
30 Inserted per WDFW comments
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18.22.510 Classification/designation.
Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential, or
industrial development consistent with public health or safety concerns. Unless specifically noted
below, principal sources of geologically hazardous areas mapped information are the Washington
Department of Natural Resources (DNR) Geologic Hazard Maps
(https://www.dnr.wa.gov/programs-and-services/geology/geologic-hazards/geologic-hazard-
maps).
(1) The following are geologically hazardous areas and subject to the standards of this article
when mapped as high or moderate geologically hazardous areas31:
(a) Erosion Hazard Areas (as defined in JCC 18.10.50).
(b) Landslide Hazard Areas (as defined in JCC 18.10.120). Landslide hazard areas include
any areas susceptible to landslide because of any combination of bedrock, soil, slope
(gradient), slope aspect, structure, hydrology, or other factors, as follows:
(i) Areas of historic failures, such as:
(A) Areas delineated by United States Department of Agriculture, Natural Resources
Conservation Service as having a significant limitation for building site development;
(B) Coastal areas mapped by the Department of Ecology Coastal Atlas32 as unstable,
unstable old slides, and unstable recent slides in; or,
(C) Areas designated and mapped as quaternary slumps, earthflows, mudflows,
lahars, or landslide hazards by the Washington State Department of Natural
Resources or the United States Geological Survey.
(ii) Areas where all three of the following conditions occur:
(A) Slopes are steeper than 15 percent;
(B) Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and,
(C) Spring or groundwater seepage.
(iii) Areas that have shown movement during the Holocene epoch (from 10,000 years ago
to present) or have been underlain or covered by mass wastage debris of this epoch.
(iv) Areas with slopes that are parallel or subparallel to planes of weakness (such as
bedding planes, joint systems, and fault planes) in subsurface materials.
31 Inserted by staff after public hearing; was unintentionally omitted and now appears throughout this
article
32 Reinserted by staff; was removed from PC draft as too outdated but no known other source is
available
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
EXHIBIT A
DRAFT WORK PRODUCT
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(v) Areas with slopes having gradients steeper than 80 percent subject to rockfall during
seismic shaking.
(vi) Areas that are potentially unstable as a result of rapid stream incision, stream bank
erosion, and undercutting by wave action, including stream channel migration zones.
(vii) Areas that show evidence of, or are at risk from, snow avalanches.
(viii) Areas located in a canyon or on an active alluvial fan, presently or potentially subject
to inundation by debris flows or catastrophic flooding.
(ix) Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet,
except areas composed of bedrock.
(c) Seismic Hazard Areas (as defined in JCC 18.10.190).
(d) Channel Migration Zones (CMZs) (as defined in JCC.18.10.030).
(d) Seiche and Landslide Generated Wave Hazard Areas (as defined in JCC 18.10.190).
(e) Tsunami Hazard Areas (as defined in JCC 18.10.200).
(f) Other geologic events, such as coal mine hazards and volcanic hazards are not a known
risk in Jefferson County, and are therefore, not subject to review as part of the permitting
process.
18.22.520 Regulated activities.
(1) Any development activity or action requiring a project permit or any clearing within an erosion or
landslide area shall:
(a) Comply with the requirements in an approved geotechnical report when one is required,
including application of the largest buffer and/or building setback;
(b) Utilize best management practices (BMPs) and all known and available technology
appropriate for compliance with this chapter and typical of industry standards;
(c) Prevent collection, concentration or discharge of storm water or groundwater within an
erosion or landslide hazard area and be in compliance with JCC 18.30.070 (Storm Water
Management Standards);
(d) Minimize impervious surfaces and retain vegetation to minimize risk of erosion or landslide
hazards.
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Chapter 18.22 CRITICAL AREAS
EXHIBIT A
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(2) Any development activity or action requiring a project permit or any clearing within an erosion or
landslide area shall not:
(a) Result in increased risk of property damage, death or injury;
(b) Cause or increase erosion or landslide hazard risk;
Increase surface water discharae. sedimentation. slope instabilitv. erosion or landslide
potential to adjacent downstream and down -drift properties beyond predevelopment conditions;
Adverselv impact wetlands. fish and wildlife habitat conservation areas or their buffers: or
(e) Be identified as a critical facility necessary to protect public health, safety and welfare. This
includes, but is not limited to, schools, hospitals, police stations, fire departments and other
emergency response facilities, nursing homes, and hazardous material storage or production.
18.22.530 Protection standards.
(1) Clearing, Gradinq and Vegetation Removal.
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
EXHIBIT A
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(a) Minor pruning of vegetation for view enhancement may be allowed through consultation
with the department. The thinning of limbs on individual trees is preferred to topping of trees
for view corridors. Total buffer thinning shall not exceed twenty-five percent and no more than
thirty percent of the live tree crowns shall be removed.
Veaetation shall not be removed from a landslide hazard area. except for hazardous
trees based on review by a qualified arborist or as otherwise provided for in a vegetation
management and restoration plan.
(c) Seasonal Restrictions. Clearing and grading shall be limited to the period between May
1st and October 1st, unless the applicant provides an erosion and sedimentation control plan
Prepared by a professional engineer licensed in the state of Washington that specifically and
realisticallv identifies methods of erosion control for wet weather conditions.
(d) Only the clearing necessary to install temporary erosion control measures will be allowed
to clearina for roads and utilities construction.
(e) The faces of cut and fill slopes shall be protected to prevent erosion as required by the
enaineered erosion and sedimentation control
(f) Clearing for roads and utilities shall be the minimum necessary and shall remain within
marked construction limits.
(g) Clearing for overhead power lines shall be the minimum necessary for construction and
will provide the required minimum clearances for the serving utility corridor.
(2) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a
geological assessment may be required prior to use as a temporary haul road or permanent access road
under a conversion or COHP forest practices application.
(3) The department may also require:
(a) Clustering to increase protection to geologically hazardous areas; or
(b) Enhancement of buffer vegetation to increase protection to geologically hazardous areas
(b4) The provisions in this section are in addition to those required in JCC 18.30.060 (grading and
excavation standards) and JCC 18.30.070 (stormwater management standards).
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EXHIBIT A
(e5) If there is a conflict between applicable published standards, the more restrictive
protection requirement applies.
(G�) Drainage and Erosion Control.
(i) An applicant submitting a project application shall also submit, and have approved, a,
a stormwater site plan that meets all the requirements of JCC 18.30.070(4)(e), when the
project application involves either of the following:
(Ai) The alteration of a high or moderately high _geologically hazardous area or its
critical area buffer; or,
(Bii) The creation of a new parcel within a high or moderately high _geologically
hazardous area; and,
(++b) Shall discuss, evaluate, and recommend methods to minimize sedimentation of
adjacent properties during and after construction.
() Surface drainage shall not be directed across the face of a marine bluff that is
mapped as high or moderate ®erodible or susceptible to landslide or debris flow. The
applicant must demonstrate that the stormwater discharge cannot be accommodated on
site or upland by evidence presented in a geological assessment as required by JCC
18.22.945, unless waived by the administrator. If drainage must be discharged from a bluff
to adjacent waters, it shall be collected above the face of the bluff and directed to the water
by tight line drain and provided with an energy dissipating device at the shoreline, above
ordinary high-water mark (OHWM).
(+vd) The applicant must clearly demonstrate in the geological assessment that stormwater
quantity, quality, and flow path post -construction will be comparable to pre -construction
conditions.
(0) The felle i - . . . )ns shall alse apply tG Glearing on a 36geelegiGally hazardous area:
33 Inserted by staff after public hearing; was unintentionally omitted.
34 Inserted by staff after public hearing; was unintentionally omitted.
35 Inserted by staff after public hearing; was unintentionally omitted.
36 IRGel4ed b staff a#eF 06119IOG hoar into ,tienall
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(B) EXIGavatiOR, gradiRg, and- earft.verk regulated und-er this Ger-tion shall
only be allowed from April 16t 4o Alnvomhor 'I c4 i iolocc the appliGaRt `Jomooc4ra4oc
,
in this subsection.
(e7) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(+a) During clearing for roadways and utilities, all trees and understory vegetation lying
outside of approved construction limits shall be retained to the maximum extent
practicable;
(i )Clearing limits, as shown on the approved site plan, shall be marked by orange
construction barrier fencing to be installed prior to beginning any clearing, grading, or other
land -disturbing activities;
(if c) Vegetation within identified clearing limits may be removed upon permit issuance. All
vegetation within the high or moderate _geologically hazardous area or its critical area
buffer, but outside the marked clearing limits, shall be retained. Cleared vegetation shall
not be placed within a high or moderate geologically hazardous area unless it is used as
part of a mitigation plan consistent with other critical area mitigation provisions, is reviewed
by the state -licensed geologist or engineer, and is approved by the administrator; and,
-37- inserted by staff after publoG hearwasmnq�intentionally emitter!
38 Inserted by staff after public hearing; was unintentionally omitted.
39 Inserted by staff after public hearing; was unintentionally omitted.
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(iv) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation removal
outside of a high risk CMZ shall not be reviewed under this article. Should this provision
conflict with other vegetation retention requirements specified elsewhere within the Title
18 JCC, the more restrictive protection requirement applies.
(2) Geologically Hazardous Area Buffers - General. Th^ fg"^,e,ir,g nritiGal ar^-a h, iff^rs shill apply
to 44g^olog`1
iGally hazardous areas-
r�
hazaFde us area and aRY pFepesed pFE)jent tg pFE)t^nt p blip health and safety,
(b) The appFepFiate width of the geglggiGally hazard -e -i -is area buffer Shall be dete.rmiped by eitheF�
of Artinl^ IY (Special area Feperts)
G O.A.trl Intig Yl o riFeplaRtig with Ratiyeyeg^tatiGR shall be Feq si(d) Buffers shall be retaiRed OR the.F Ratural r^l•1
0 0
eRhaRGeviews mrni be permitted by the adffliRistratgr GR a Gas^ by Gas^ basis
(e) All buffe.ps be PeFPeRdiGUlaFly fFoRq the top, tee 9F edge of the geglggiGally
ham+ -Ard-e11s a F e a.
E)f 43 geelegiGally hazardous and a buildiRg setbaGk shall be established from the edge of
areas,
the buffeF. StandaFd buffeF widths shall apply te tep of slepe as well as tee of slope, as appFepFiate
BuildiRg GE)des (Chapter 15.05 GG) gr field marLirigs o OR
the E)Fder listed below.
(a) 150 f^^t•
1�T
I andrli`•!^ Fnapped as slider, or high•
0
ChrteFelineslope stability Fn ped 44as 6IRstaaleURstablle eroelpTsl�cSOF 6IRstable eld slides;
High Cresign hg-gr`1s• gr
0 0
/h\ 100 f^^t•
�T
I andGlil•1^ Fnapped Fnederat^•
0
Shgr� slope stability Fnapped- as'9M dified
^7�^� T�Pc�^Ts9�TT�AFT ,
40 Inserted by staff after public hearing; was unintentionally omitted.
44 inserted b staff after iqub is hearwasmnq�intentional) emitter!
42 Clarified On resr,ense to 1/14/2020 IAIr FVV comments
erted by staff after 06111is hearir,
inten-1 911
tieall�� emi++e.t
44
Reinserted bv staff� was removed from PC draft as too outdated but no known other soufce4s
ailahle
acr�v'-arrm�xc
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
EXHIBIT A
DRAFT WORK PRODUCT
SUBJECT TO REVIEW Page 47/109
(1) Erosion and Landslide Hazard Development Standards.
(a) Development activities or actions requiring project permits or clearing shall not be allowed in
landslide hazard areas unless a aeotechnical report demonstrates that buildina within a landslide
hazard area will provide protection commensurate to being located outside the landslide hazard
area and meets the requirements of this section. This may include proposed mitigation measures.
(b) Top of Slope Building Setback. All development activities or actions that require project
permits or clearing in erosion and landslide hazard areas shall provide native vegetation from the
toe of the slope to twenty-five feet beyond the top of slope, with an additional minimum fifteen -foot
building and impervious surface setback, unless otherwise allowed through a geologic assessment.
The minimum building and setback shall be increased from the top of the slope as follows:
(i) For high landslide hazard areas, the setback shall be equal to the height of the slope (1:1
horizontal to vertical) plus the greater of one-third of the vertical slope height or twenty-five
feet.
(ii) For moderate landslide hazard areas, the setback shall be forty feet from the top of
slope•
(2) Toe of Slope Building Setback. A geotechnical report may be required based on slope height
and stability indicators. Where slope hazard indicators are not identified, the requirements of Title 15
JCC, will apply.
(3) The department may require a larger native vegetation width than the standard buffer distance
as determined above, if any of the following are identified through the geological assessment
process:
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(a) The adjacent land is susceptible to severe erosion and erosion control measures will not
effectively prevent adverse impacts; or
(b) The area has a severe risk of slope failure or downslope storm water drainage impacts.
(c) The minimum native vegetation width and/or building setback requirement may be
decreased if a geotechnical report demonstrates that a lesser distance, through design and
engineering solutions, will adequately protect both the proposed development and the
erosion or landslide hazard area. The department may decrease the setback when such a
setback would result in a greater than 1:1 slope setback.
Seismic Hazard Development Standards.
a) Development activities or actions reauirina a Droiect permit occurrina within two hundred feet
of a "high hazard" seismic hazard area may be allowed with an approved geotechnical report that
confirms the site is suitable for the proposed development and addresses any fill or grading that
has occurred on the subject parcel.
(b) Development activities or actions requiring a proiect permit within a seismic hazard area shall
be in accordance with Title 15 JCC.
(45) Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers
as follows:
(a) Buffers may be reduced by up to 25 percent with a geotechnical report prepared by a state
licensed geologist or licensed geotechnical engineer with a state stamp; provided, the
geotechnical report identifies recommendations for preventing or minimizing risks post -
development.
(b) All buffer reductions 25 percent or greater and all development within a high or moderate
geologically hazardous area shall require a geotechnical report prepared by a state licensed
geologist or licensed geotechnical engineer with a state stamp. The administrator may require
a third -party review based on JCC 18.22.930 or the applicant enters into an indemnity and
hold harmless agreement with the county that is approved by the county's risk manager and
the prosecuting attorney. If the administrator requires a third -party review of the geotechnical
report, the administrator shall be responsible for identifying and transmitting the geotechnical
report to the third -party reviewer.
(56) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a geologically hazardous
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EXHIBIT A
area and to reduce risks to public safety and welfare. Information that may be used to support
this determination, include but are not limited to:
(a) The landslide area is unstable and active.
(b) The adjacent land is susceptible to severe landslide or erosion, and erosion control
measures will not effectively protect the proposed project from the risks posed by the landslide
hazard area.
(c) The adjacent land has minimal vegetative cover.
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(7) Landslide hazard areas — Standards. The following activities may be allowed in active
landslide hazard areas when all reasonable measures have been taken to minimize risks and
other adverse effects associated with landslide hazards, and when the amount and degree of the
alteration are limited to the minimum needed to accomplish the project purpose:
(a) The standards of 18.22.530(1) shall apply.
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(b) Developments that will not increase the threat to the health or safety of people and will not
increase potential for landslides on or off the site and meet the reasonable economic use
exception in JCC 18.22.260.
(c) Utility lines and pipes that are above ground, properly anchored and/or designed so that
they will continue to function in the event of a slope failure or movement of the underlying
materials and will not increase the risk or consequences of static or seismic slope instability
or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant
demonstrates that no other feasible alternative is available to serve the affected population.
(d) Access roads and trails that are engineered and built to standards that minimize the need
for major repair or reconstruction beyond that which would be required in nonhazard areas.
Access roads and trails may be permitted only if the applicant demonstrates that no other
feasible alternative exists, including through the provisions of Chapter 8.24 RCW. If such
access through critical areas is granted, exceptions or deviations from technical standards for
width or other dimensions and specific construction standards to minimize impacts, including
drainage and drainage maintenance plans, may be required.
(e) Stormwater conveyance through a properly designed stormwater pipe when no other
storm -water conveyance alternative is available. The pipe shall be located above ground and
be properly anchored and/or designed so that it will continue to function in the event of a slope
failure or movement of the underlying materials and will not increase the risk or consequences
of static or seismic slope instability or result in increased risk of mass wasting activity.
(78) Seismic hazard areas — Standards. Development may be allowed in seismic hazard areas
when all of the following apply:
(a) The standards of JCC 18.22.530(1) shall apply.
(b) Structures in seismic hazard areas shall conform to applicable analysis and design criteria
of Chapter 18.15.05 JCC.
(c) Public roads, bridges, utilities, and trails shall be allowed when there are no feasible
alternative locations, and geotechnical analysis and design are provided that minimize
potential damage to roadway, bridge, and utility structures, and facilities will not be susceptible
to damage from seismically induced ground deformation. Mitigation measures shall be
designed in accordance with the most recent version of the American Association of State
Highway and Transportation Officials (AASHTO) Manual or another appropriate document.
() Tsunami hazard areas — Standards.
(a) The standards of JCC 18.22.530(1) shall apply.
(b) For development within tsunami hazard areas the proposed development shall be
designed to provide protection from the tsunami hazard that meets the projected hazard on
the Department of Natural Resources Tsunami Inundation Maps.
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(c) For other low-lying coastal areas not included on the inundation maps, development shall
be designed to provide protection for debris impact and an inundation as determined by
current Department of Natural Resource modeling, unless other measures can be shown to
provide equal or greater protection.
18.22.540 Required Assessments and Reports.
(1) Map Review. The Jefferson County geologically hazardous areas maps (erosion, landslide, and
seismic) provide an indication of where potential geologically hazardous areas are located within the
county. The department will complete a review of the map to determine if the proposed activity is located
within a hazard area.
(2) A geological assessment shall be required when the proposed activity is located within a potential
hazard area.
(3) A geotechnical professional, as defined in JCC 18.10.070, shall complete a field investigation and
geological assessment to determine whether or not the site for the proposed activity is affected by the
geologic hazard, as provided in subsection (4) of this section.
(4) The geological assessment shall be submitted in the most applicable form as follows:
(a) A geological letter. When the geologist or geotechnical professional finds that no hazard area
exists within two hundred feet of the site, a stamped letter may be submitted demonstrating those
findings;
(b) A geological report. When the geologist finds that a geologically hazardous area exists within
two hundred feet of the site, but will not impact the site or need engineering design
recommendations;
(c) A geotechnical report. When the geotechnical engineer finds that a geologically hazardous
area exists within two hundred feet of the site, and will require engineering design
recommendations or other mitigation measures necessary in order to construct or develop within
the geologically hazardous area.
(5) The department shall review the geological assessment and either:
(a) Accept the geological assessment and approve the application; or
(b) Refect the geological assessment and require revisions or additional information.
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18.22 550 Recording and disclosure.
The following information shall be included in a notice to title that must be signed, notarized, and recorded
with the county auditor prior to permit issuance for development in a geologically hazardous area
requiring a geotechnical report:
(1) An abstract and description of the specific types of risks identified in the geotechnical report;
(2) A statement that the owner(s) of the property understands and accepts the responsibility for the
risks associated with developments on the property given the described condition, and agrees to inform
future purchasers and other successors and assignees of the risks; and
(3) A statement that the owner(s) of the property acknowledge(s) that this chapter does not create
liability on the part of Jefferson County or any officer or employee thereof for any damages that result
from reliance on this chapter or any administrative decision lawfully made thereunder.
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(b) GeGlGgiGal Report. A geGlGgiGal repeFt or, Feq61iFed fGF Site deVelOpMeRt proposals that invelve
renemmeRdatieric
shall be pFepaFed based GR rePert nriteria OR nrtinle Ill of this nhapter
,A1 As
gr
geetenhRiGal letter, geology preent, gper eetenhRiGal reent• preyided-
,
Will riot pFec t aR Ra tabl el of Fisk; and
,area ` epT-�-�,�EEep� e4 , ,
appFeyed by the ne, ,rity'c rick FnaRager and the Precen, ,tiRg atteMey;
,
(e4) Expiration of Geotechnical Reports. Unless there +&-are documented significant changes,
modifications, or other geologic events to render an existing geotechnical report invalid, an
existing report shall be considered valid. Validity shall be examined upon submittal of proposed
developments or every five years whichever is later.
() Geologically Hazardous Areas - Marking Limits. The limits (or outer extent) of a geologically
hazardous area shall be marked onsite as follows:
(a) High or Moderately High 45 Geologically hazardous areas shall be identified and staked by
a professional geologist or engineer with a state stamp. For landslide hazards, the top and/or
toe of slope closest to the proposed activity shall be marked. For erosion hazards, seismic
hazards, and high-risk channel migration zones, the extent of the geologically hazardous area
closest to the proposed activity shall be staked onsite.
(b) Stakes shall be installed and marked as necessary to clearly identify the geologically
hazardous areas present; provided, the distance between each of the stakes shall not exceed
50 feet.
(c) Staked limits of the geologically hazardous area shall remain onsite based on the type of
application, as follows:
(i) Stakes for building or septic applications shall remain in place until a final building
certificate of occupancy for a building permit and/or a final for a septic permit is issued.
45 Inserted by staff after public hearing; was unintentionally omitted.
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(ii) Staking for a subdivision, a planned rural residential development, a binding site plan,
or a rezone shall remain in place until a final county approval is issued. If, at the time of
subsequent building, septic, or other land use application, the stakes are no longer in
place, the administrator may require re -staking of the geologically hazardous area by the
project geologist or engineer.
(iii) Staking for any other application requiring land use review shall remain in place until
the department of community development has made a site visit to review the staking
relative to property boundaries and proposed activities, as shown on a submitted site plan.
(d) The staked location of the on-site geologically hazardous areas shall be shown on a site
plan submitted with an application.
(e) If more than one geologically hazardous area is present, only the most restrictive
geologically hazardous area (area closest to the proposed activity) shall be staked by the
geologist or engineer.
(4) Buffer Marking. The location of the outer extent of geologically hazardous area buffers shall
be marked in the field as follows:
(a) Geologically hazardous areas and buffers shall be shown on a site plan submitted with an
application.
(b) Geologically hazardous area buffers shall be staked onsite prior to beginning any clearing,
grading, or other land -disturbing activities. The administrator may waive this requirement if all
development activities are outside of the geologically hazardous area buffer.
(c) The administrator may require signs be posted at the buffer edge if the proposed activity
is commercial or industrial, or if the proposed activity is proposed on public lands.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600 Purpose.
The purposes of this article are to:
(1) Protect, restore, and maintain native fish and wildlife populations by protecting and conserving
fish and wildlife habitat and protecting the ecological processes, functions and values, and
biodiversity that sustain these resources.
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(2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams
and their associated riparian areas, corridors for state or federally listed species46 and the
ecosystem processes on which these areas depend.
(3) Regulate development so that isolated populations of species are not created and habitat
degradation and fragmentation are minimized.
(4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife
habitat and ensure no net loss of such important habitats, including net losses through cumulative
impacts.
18.22.610 Classification/designation.
Fish and Wildlife Habitat Conservation Areas (FWHCAs) are areas that serve a critical role in
sustaining needed habitats and species for the functional integrity of the ecosystem, and which,
if altered, may reduce the likelihood that the species will persist over the long term. FWHCAs
include those areas identified as being of critical importance to the maintenance of endangered,
threatened, or sensitive species of fish, wildlife and/or plants, or designated habitats and species
of local importance.
(1) The following are designated as fish and wildlife habitat conservation areas
(a) Areas where federally listed species (endangered and threatened) and state -listed species
(endangered, threatened, and sensitive species) have a primary association.
(b) Rivers and streams not otherwise addressed under Washington State Forest Practices
regulations (Chapter 76.09 RCW and Title 222 WAC).
(c) Commercial and recreational shellfish areas.
(d) Kelp and eelgrass beds.
(e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas.
(f) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that
provide fish and wildlife habitat.
(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
(h) State natural area preserves, natural resource conservation areas, and state wildlife areas.
(i) Species and habitats of local importance designated pursuant to the process delineated in
Article IX (Special Reports).
(2) Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction
are regulated under the shoreline master program in Chapter 18.25 JCC, and in circumstances
where this chapter conflicts with the shoreline master program, the provisions of the shoreline
master program shall prevail.
46 Inserted per 1/14/2020 WDFW comments
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18.22.620 Regulated activities.
Any land use or development activity that is subject to a development permit or approval
requirements of this code shall be subject to the provisions of this article. These include, but are
not limited to, the following activities and, in certain circumstances, activity allowances, that are
directly undertaken or originate in a FWHCA, unless otherwise exempted under JCC 18.22.230.
(1) Stream Crossings. Any private or public road expansion or construction which is proposed
and must cross streams classified within this article shall comply with the following minimum
development standards:
(a) The design of stream crossings shall meet the requirements of the Washington
Department of Fish and Wildlife. Fish passage shall be provided if necessary to address
manmade obstructions on-site. Other alternatives may be allowed upon a showing that, for
the site under review, the alternatives would be less disruptive to the habitat or that the
necessary building foundations were not feasible.
(b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing
site exists;
(c) Bridge piers or abutments may be allowed either within the floodway or between the
ordinary high-water marks provided no other reasonable alternative placement exists;
(d) Crossings shall serve multiple properties whenever possible; and,
(e) Where there is no reasonable alternative to providing a culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity.
(2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed
pursuant to the following standards:
(a) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable
alternative location is available and the utility corridor does not cause or increase habitat
fragmentation for state or federally listed species and 47 meets the requirements for installation,
replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow
existing or permitted roads where possible.
(b) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA
buffers when it can be demonstrated that it is necessary to meet state and/or local health code
requirements; that there are no other practicable alternatives available; and, construction
meets the requirements of this article. Joint use of the sewer utility corridor by other utilities
may be allowed.
(c) New utility corridors shall not be allowed in FWHCAs with known locations of federal or
state -listed endangered, threatened, or sensitive species, except in those circumstances
where an approved habitat management plan is in place.
47 Added per 1/14/2020 WDFW comments
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(d) Utility corridor construction and maintenance shall protect the environment of fish and
wildlife habitat areas.
(i) New utility corridors shall be aligned when possible to avoid cutting trees greater than
12 inches in diameter at breast height (four and one-half feet) measured on the uphill side.
(ii) New utility corridors shall be revegetated with appropriate native vegetation at not less
than preconstruction vegetation densities or greater, immediately upon completion of
construction or as soon thereafter as possible due to seasonal growing constraints. The
utility shall ensure that such vegetation survives for a three-year period.
(e) Utility towers should be painted with brush, pad or roller and should not be sandblasted
or spray -painted, nor shall lead-based paints be used.
(3) Bank Stabilization.
(a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring
earth movement threatens existing legal structures, public improvements, unique natural
resources, public health, safety or welfare, or the only feasible access to property, and, in the
case of streams, when such stabilization results in maintenance of fish habitat or improved
water quality, as demonstrated through a habitat management plan or equivalent study or
assessment.
(b) Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County
shoreline master program, geologically hazardous areas provision in this chapter, and the
flood damage prevention ordinance.
(4) Gravel Mining.
(5) Forest Practices, Class IV General and Conversion Option Harvest Plans.
(6) Road/Street Expansion and New Construction. Any private or public road or street expansion
or construction may be allowed in a FWHCA provided it complies with the following minimum
development standards:
(a) No other reasonable or practicable alternative exists and the proposed road or street
serves multiple properties whenever possible;
(b) Public and private roads are encouraged to provide for other purposes, such as utility
crossings, pedestrian, or bicycle easements, viewing points, etc.;
(c) The road or street construction is the minimum necessary, as required by the department
of public works' guidelines. Minimum necessary provisions may include projected level of
service requirements.
(7) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do
not significantly affect the function of the FWHCA (including viewing structures, outdoor scientific
or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs.
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(a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades,
utility corridors, or other previously disturbed areas;
(b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags,
and important wildlife habitat;
(c) Viewing platforms, interpretive centers, benches, and access to them, shall be designed
and located to minimize impacts to wildlife, fish, or their habitat and/^r GFitiGal Gh teFi�+inc
(d) Trails, in general, shall be set back from streams so that there will be minimal impact to
the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces
when feasible and trails within FWHCAs are not intended to be used by motorized vehicles.
(8) Chemical Application or Storage
(9) Land Division, Land Use Permits and Land Alteration (such as excavation, dredging, grading,
or filling).
(10) Modification of Hydrologic Regime or Conditions (including placement of obstructions or
impediments to natural water flow or movement).
(11) Agricultural Activities - see Article VIII 18.22.800
(12) Vegetation Removal or Alteration (could include but is not limited to, clearing, harvesting,
shading, intentional burning, use of herbicides/pesticides, or planting vegetation that alters the
character of the regulated area; provided, the activity is not exempt under JCC 18.22.070).
(13) Relocation of streams, or portions of streams, may be allowed when there is no other feasible
alternative and when the relocation will result in equal or better habitat and water quality and
quantity, and will not diminish the flow capacity of the stream or other natural stream processes;
provided, the relocation meets state hydraulic project approval requirements and that relocation
of shoreline streams shall be prohibited unless the relocation has been identified formally by the
Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat
enhancement or identified in watershed planning documents prepared and adopted pursuant to
Chapter 90.82 RCW.
18.22.630 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated FWHCA
shall adhere to the requirements in this section.
(2) Drainage and Erosion Control. In addition to complying with the stormwater requirements of
Chapter 18.30 JCC, the applicant must clearly show that stormwater quantity, quality, and flow
path post -construction will be comparable to pre -construction conditions.
(3) Grading. An applicant submitting a project application shall also submit, and have approved,
a grading plan, as specified in Chapter 18.30 JCC.
48 Deleted by staff as redundant and potentially in conflict with other standards
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(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) Vegetation within FHWCAs or buffers shall be retained to the extent practicable. Unless
exempt under this chapter, vegetation removal or alteration of a FWHCA or a buffer shall
require review and approval by the department.
(b) Altering the habitat conditions of FWHCAs or buffers without prior review and approval by
the department is prohibited.
(c) All trees and understory vegetation lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during maintenance clearing of rights-
of-way for roadways and utilities; provided, understory vegetation damaged during approved
clearing operations may be pruned.
(d) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(5) Buffers — Standard Requirements. The administrator shall have the authority to require buffers
from the edges of all FWHCAs in accordance with the following:
(a) Buffers Generally.
(i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect
the integrity, functions, and values of the resource, consistent with the requirements in
Tables 18.22.630(1) and 18.22.630(2) of this section.
(ii) A building setback line of 5 feet is required from the edge of any buffer area; however,
nonstructural improvements such as septic drain fields may be located within setback
areas and buffers.
(iii) Utilities including sewer lines and on-site sewage systems may be permitted in
FWHCA buffers only when no practicable or reasonable alternative location is available.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of
vegetation to enhance views or provide access may be permitted as long as the function
and character of the buffer are not diminished.
(iv) Lighting shall be directed away from the FWHCA.
(v) The administrator shall have the authority to increase a buffer width, if supported by
appropriate documentation showing the increase is needed to protect the functions and
values of the FWHCA buffe09.
(vi) The administrator shall require signs be posted at the buffer edge if the proposed
activity is commercial or industrial, or if the activity is proposed on public lands.
(b) Prescriptive FWHCA Buffers.
49 Removed by staff; buffers protect the FWHCA
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(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the FWHCA/stream functions and values at the time of the proposed
activity. When a buffer lacks adequate vegetation to protect critical area functions, the
administrator may require additional documentation before allowing a proposal for buffer
reduction or buffer averaging.
(ii) The standard buffer shall be measured landward horizontally on both sides of the
stream from the ordinary high-water mark (OHWM) as identified in the field. Nevertheless,
the required buffer shall include any adjacent regulated wetland(s), landslide hazard
areas and/or erosion hazard areas and required buffers but shall not be extended across
paved roads or other lawfully established structures or hardened surfaces. The following
standard buffer width requirements are established; provided, portions of streams that
flow underground may be exempt from these buffer standards at the administrator's
discretion when it can be demonstrated that no adverse effects on aquatic species will
occur.
Table 18.22.630(1): Stream Buffers*
Stream Type
Buffer Requirement
Type "S" — Shoreline Streams
150 feet
Type "F" — Fish Bearing Streams
150 feet
Type "Np"— Non -Fish Bearing
75 feet
Perennial Streams
Type "Ns" — Non -Fish Bearing
75 feet
Seasonal Streams greater than or
equal to 20% grade
Type "Ns" — Non -Fish Bearing
50 feet
Seasonal Streams less than 20% grade
*N ote:
(a) The buffers above shall apply to culverted streams; though in limited
circumstances, a variance may be made in the application of stream buffers
under Article IX of Chapter 18.40 JCC.
(b) The buffers above shall not apply to lawfully established piped streams.
The burden of proof is on the applicant to show that the pipe was lawfully
established; failure to demonstrate compliance with this requirement shall
result in buffers being required.
(c) Stream type shall be determined using the criteria in WAC 222-16-030, or
as amended
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(iii) Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths
for other FWHCAs based on the best available information. Buffer widths for
nonstream habitat conservation areas shall be as follows:
Table 18.22.630(2): Buffers for Other FWHCAs
FWHCA Type
Buffer Requirement
Areas where federally listed (endangered
Buffers shall be 150 feet; provided, local and site
and threatened) species or state -listed
specific factors shall be taken into consideration and
(endangered, threatened, and sensitive)
the buffer width based on the best available
species have a Primary Association
information concerning the species/habitat(s) in
question and/or the opinions and recommendations
of a qualified professional with appropriate expertise.
Commercial and Recreational Shellfish
Buffers shall extend 150 feet landward from ordinary
Areas
high-water mark of the marine shore.
Kelp and Eelgrass Beds
Buffers apply to areas where native kelp and eelgrass
species occur only, and buffers shall extend 22 feet
from each patch. There is no buffer for non-native
kelp and eelgrass beds.
Surf Smelt, Pacific Herring, and Pacific
Buffers shall extend 150 feet landward from ordinary
Sand Lance Spawning Areas
high-water mark of the marine shore.
Natural Ponds and Lakes (along with any
Ponds under 20 acres — buffers shall extend 50 feet
submerged aquatic beds serving as fish
from the ordinary high-water mark.
or wildlife habitat)
Lakes 20 acres and larger — buffers shall extend 100
feet from the ordinary high-water mark; provided,
where wetlands are associated with the shoreline, the
wetland buffer requirements shall also apply.
Natural Area Preserves Natural
Buffers shall not be required adjacent to these areas.
Resource Conservation Areas
These areas are assumed to encompass the land
required for species preservation.
Game Fish Planted by a Governmental or
Ponds under 20 acres — buffers shall extend 50 feet
Tribal Agency (lakes, ponds, streams,
from the ordinary high-water mark.
and rivers)
Lakes 20 acres and larger — buffers shall extend 100
feet from the ordinary high-water mark; provided,
where wetlands are associated with the shoreline, the
wetland buffer requirements shall also apply.
Stream and rivers — see Table 18.22.630(1).
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FWHCA Type
Buffer Requirement
Designated Habitats of Local Importance
Tho h, iffer fnr m-arino Aearchnro hah0tatS chao.,+on,�
!i high °VateF
150 feet from the
a"rhea Fd
crvv E)Fdi
—
Rq a FPr50
The need for and dimensions of buffers for other
locally important species or habitats shall be
determined on a case-by-case basis.
18.22.640 Buffer Reductions and Averaging
(1) The administrator shall have the authority to reduce buffer widths on a case-by-case basis;
provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply,
and when the applicant demonstrates to the satisfaction of the administrator that all of the
following criteria are met:
(a) The buffer reduction shall not adversely affect the habitat functions and values of the
adjacent FWHCA or other critical area.
(b) The buffer shall not be reduced to less than 75 percent of the standard buffer -unless it can
be demonstrated through a special report prepared by a qualified professional that there will
be no net loss of FWHCA functions or valueser 50 percent f single family residential
(c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does
not exceed 30 percent.
(2) The administrator shall have the authority to average buffer widths on a case -by case basis;
provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply,
and when the applicant demonstrates to the satisfaction of the administrator that all the following
criteria are met:
(a) The total area contained in the buffer area after averaging is no less than that which would
be contained within the standard buffer and all increases in buffer dimension are parallel to
the FWHCA.
(b) The buffer averaging does not reduce the functions or values of the FWHCA or riparian
habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the
habitat function.
(c) The buffer averaging is necessary due to site constraints caused by existing physical
characteristics such as slope, soils, or vegetation.
(d) The buffer width averaging does not reduce the buffer to less than 75 percent of the
standard width or 50% for single family residential development.
50 Deleted by staff to avoid conflict with SMP and duplicate regulatory provisions
51 Revised in response to 1/14/2020 WDFW Comments.
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(e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does
not exceed 30 percent.
(f) Buffer averaging shall not be allowed if FWHCA buffers are reduced.
(3) The limits of clearing for the proposed development or use shall be shown on the site plan
relative to the FWHCA and the buffer.
(4) In the case of short plat, long plat, binding site plan, and site plan approvals under this code,
the applicant shall include on the face of any such instrument the boundary of the FWHCA.
(5) The applicant may also choose to dedicate the buffer through a conservation easement or
deed restriction that shall be recorded with the Jefferson County auditor. Such easements or
restrictions shall, however, use the forms approved by the prosecuting attorney.
18.22.650 Habitat management reports —When required.
(1) When a development, use, or activity is proposed on lands designated as a fish and wildlife
habitat conservation area or a buffer, a habitat evaluation may be required. An on-site habitat
evaluation determines if FWHCAs or buffers occur in the project area.
(2) If the proposed use, development, or activity occurs in marine water, a dive survey shall be
required to determine if any FWHCA is present in the project area and if any FWHCA has the
potential to be affected by the proposal.
(3) Evaluations shall be conducted pursuant to the special report requirements found in Article IX
Special Reports.
(4) Types of Reports. When required by this section, an applicant shall submit a report
documenting the results of the habitat evaluation for county review and approval. Based on the
results of the site evaluation, a report shall be prepared by a qualified professional and either be:
(a) Habitat Reconnaissance Letter. This type of report shall be used if the field evaluation
determines that no regulated fish and wildlife habitat conservation area or buffer is present in
the proposed project area, which includes those areas that may be temporarily affected by
construction -related activities or would be within the limits of clearing for construction. Habitat
reconnaissance letters shall be prepared by a wildlife biologist based on requirements
presented in Article IX (special reports) of this chapter.
(b) Habitat Management Plan. This type of report shall be used if the field evaluation
determines that any portion of the proposed project occurs within a regulated FWHCA or
buffer, which includes those areas that may be temporarily affected by construction -related
activities or would be within the limits of clearing for construction. This type of report shall be
used if a proposed buffer reduction or buffer averaging does not exceed 25 percent of the
standard buffer width, as shown in Tables 18.22.630(1) and (2). Habitat management plans
shall be prepared by a wildlife biologist based on report requirements in Article IX (special
reports) of this chapter.
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(d) If the proposal cannot meet the mitigation or critical areas stewardship plan requirements
of this chapter, a Type I I I critical area variance or reasonable use exception in JCC 18.22.260
shall be followed and a habitat management plan shall be required.
(d) If a dive survey is required, the results of the survey shall be described in a report and
supported by photos taken underwater.
18.22.660 Mitigation
(1) Applicants shall prepare and submit a mitigation plan for FWHCA buffer reductions greater
than 25% but less than 50% and may submit a financially -bonded critical areas stewardship plan
for impacts to FWHCAs or for buffer reductions greater than 50 percent of the standard buffer
width; provided, the proposal meets the mitigation or critical area stewardship provisions of this
chapter.
(2) Sequencing.
The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or
a FWHCA buffer. All regulated development, uses, and activities in a FWHCA or an associated
buffer shall be mitigated in the following order:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environment to the historical condition or the condition existing at the time of the initiation of a
project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
(f) Monitoring the required compensation and taking appropriate corrective measures when
necessary.
(2) Mitigation - Minimum requirements and types of mitigation.
(a) Minimum mitigation requirements are as follows:
(i) Unavoidable impacts to a critical area buffer shall be mitigated with at least a 1:1
mitigation ratio. The administrator has the authority to require buffer mitigation at a higher
ratio if the area to be adversely affected consists of intact native habitat.
(ii) Unavoidable impacts to a critical area shall require mitigation that fully compensates
for all adverse effects to FWHCA functions, natural processes, and area.
(b) FWHCAs mitigation shall include the following options:
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(i) On-site Mitigation. The applicant may propose on-site mitigation if the mitigation
proposal compensates for the loss or degradation to existing habitat.
(ii) Off-site Mitigation. The applicant may propose off-site mitigation if:
(A) On-site mitigation is not feasible and the mitigation proposal compensates for the
loss or degradation of existing habitats and species; or,
(B) Off-site mitigation occurs within the same ecosystem to the maximum extent
practicable 52 and provides better protection of the FWHCA or a significant ecological
and functional improvement to the FWHCA; and,
(C) There is a willing landowner that accepts the proposed mitigation; and,
(D) A mitigation agreement/easement is recorded that specifies the individuals or
parties responsible for implementing, maintaining, and monitoring the mitigation area.
(c) In -Lieu Fee Mitigation (ILF). As an alternative to permittee -responsible mitigation, an in -lieu
fee program may be used to compensate for impacts or alterations to a fish and wildlife habitat
conservation area or a buffer, if an established in -lieu fee program is available for the project area.
Use of the in -lieu fee program to address impacts to fish and wildlife habitat conservation areas
and/or buffers shall adhere to the in -lieu mitigation requirements in JCC 18.22.350(5).
Article VII. Wetlands
18.22.700 Purpose
The purposes of this article are to:
(1) Recognize and protect the beneficial functions, values, and services performed by wetlands,
which include, but are not limited to, providing food, breeding, nesting and/or rearing habitat for
fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low
flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce
flooding and erosion; and, improving water quality through biofiltration, adsorption, retention and
transformation of sediments, nutrients, and toxicants.
(2). Regulate land use to avoid adverse effects on wetlands and maintain the functions, services,
and values of freshwater and estuarine wetlands throughout Jefferson County.
(3) Establish review procedures for development proposals in and adjacent to wetlands.
(4) Establish minimum standards for identifying and delineating wetlands
18.22.710 Classification/designation.
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
52 Added per 1/14/2020 WDFW comments
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include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate conversion of wetlands.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway.
(1) Wetland Delineation. Wetlands shall be delineated in accordance with the requirements of
RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county
determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands
Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region
Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are
subject to the provisions of this article.
(2) Wetland Rating. Wetlands shall be rated based on categories that reflect the functions and
values of each wetland. Wetland categories shall be based on the criteria provided in the
Washington State Wetland Rating System for Western Washington, revised 2014, and as
amended thereafter, as determined using the appropriate rating forms and associated figures
contained in that publication. These categories are generally defined as follows:
(a)Category I. These wetlands are: (1) relatively undisturbed estuarine wetlands larger than one
acre; (2) wetlands of high conservation value that are identified by scientists of the Washington
Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger
than one acre; (5) wetlands in coastal lagoons; (6) wetlands that perform many functions well
(scoring a total of 23 or more points). These wetlands: (1) represent unique or rare wetland types;
(2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and
contain ecological attributes that are impossible to replace within a human lifetime; or, (4) provide
a high level of functions.
(b) Category II. These wetlands are: (1) estuarine wetlands smaller than one acre or disturbed
estuarine wetlands larger than one acre or (2) wetlands with a moderately high level of functions
(scoring between 20 and 22 points total).
(c) Category III. These wetlands are (1) those with moderate level of functions (scoring between
16 and 19 points total) or (2) those that can often be adequately replaced with a well-planned
mitigation project. Wetlands scoring between 16 and 19 point generally have been disturbed in
some ways and are often less diverse or more isolated from other natural resources in the
landscape than Category II wetlands.
(d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total
points) and are often heavily disturbed. These wetlands likely could be replaced or improved in
some cases. Replacement cannot be guaranteed in any specific case. These wetlands may
provide some important functions, so they should be protected to some degree.
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(3) Category IV wetlands that are non -federally regulated and not associated with a riparian 53
areahydFGIGgiGaIIy iselated and less than one-tenth acre (4,356 square feet) shall be exempt
from the requirements of this article when all of the following criteria are met:
(a) The wetland does not provide significant breeding habitat for native amphibian species.
Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin -
stemmed emergent vegetation, and clean water;
(b) The wetland does not have unique characteristics that would be difficult to replace through
standard compensatory mitigation practices;
(c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) or
a FWHCA buffer as defined in Article VI of this chapter, and is not integral to the maintenance
of habitat functions of an FWHCA;
(d) The wetland is not located within a floodplain;
(e) The wetland is not within the jurisdiction of the county shoreline master program;
(f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the
guidance provided in the wetland rating system; and,
(g) The wetland does not score five or more points for habitat functions (based on the 2014
version of the Washington Department of Ecology Wetland Rating System, or as amended
by Washington Department of Ecology).
In addition, mitigation in the torm of enhancement or expansion of another part of the butter to
should be considered in order to offset any expansion of a nonconforming use or structure. 54
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise
altered. This exemption does not allow for unmitigated alteration of wetland area or functions.
Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require
mitigation.
(4) General. Application for a project on a parcel of real property containing a designated wetland
shall adhere to the requirements in this section.
(a) Types of Wetland Evaluations. An applicant submitting an application for a development,
use, or activity on lands determined to be wetland shall also submit, and have approved, a
wetland evaluation prepared based on results of an on-site field investigation conducted by a
qualified wetland professional using wetland delineation manuals specified in JCC 18.22.710.
The wetland evaluation shall be completed based on the following:
(i) Wetland Reconnaissance. This type of wetland assessment does not require flagging
of wetland boundaries or completing a wetland rating form. It shall be used if no regulated
wetland is present within 300 feet of the project area, which includes those areas that may
be temporarily affected by construction -related activities or would be within the limits of
53 Added per 1/21/2020 comments from Ecology.
54 Added per 1/21/2020 comments from Ecology.
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EXHIBIT A
construction. The wetland reconnaissance requires the wetland specialist to assess all
areas within 300 feet of any proposed project component.
(ii) Wetland Delineation. This type of wetland assessment shall be used if any portion of
the proposed project is within 300 feet of a regulated wetland, including those areas that
may be temporarily affected by construction -related activities or are within the proposed
limits of clearing. The on-site wetland boundary shall be flagged in the field and flags shall
be numbered sequentially, and a wetland rating form shall be completed, as required by
JCC 18.22.300(2), for each wetland identified. A wetland delineation report shall be
prepared by the wetland specialist based on report requirements presented in Article VIII
(special reports) of this chapter.
(b) If the wetland is located off of the property involved in the project application and is
inaccessible, the best available information shall be used to determine the wetland boundary
and category.
18.22.720 Regulated activities.
Any land use or development activity shall be subject to the provisions of this Article VII, including,
but not limited to, the following activities that are directly undertaken or originate in a regulated
wetland, unless exempted under JCC 18.22.070:
(1) The removal, excavation, grading, or dredging of material of any kind, including the
construction of ponds and trails;
(2) The dumping or discharging of any material, or placement of any fill;
(3) The draining, flooding, or disturbing of the wetland water level or water table;
(4) The driving of pilings;
(5) The placing of anything that obstructs water movement, including but not limited to, surface
water flow, surface water runoff, or groundwater infiltration;
(6) The construction, reconstruction, or expansion of any structure;
(7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading,
intentional burning, application of herbicides or pesticides, or planting of vegetation that would
alter existing wetland conditions;
(8) The alteration or modification of water quality and/or water quantity.
(9) The requirement for a wetland evaluation may be waived by the administrator for construction
of a single-family residence on an existing lot of record if DCD staff or a qualified wetland evaluator
determines that:
(a) Sufficient information exists for staff to estimate the boundaries of a wetland without a
delineation; and,
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(b) The single-family residence and all accessory structures and uses are not proposed to be
located within the distances identified in Table 18.22.735(1) from the estimated wetland
boundary.
18.22.730 Protection standards.
The following activities may be permitted in wetlands and/or wetland buffers as specified when all
reasonable measures have been taken to avoid adverse effects on wetland functions and values
as documented through an alternatives analysis, the amount and degree of alteration are limited
to the minimum needed to accomplish the project purpose, and compensatory mitigation is
provided for all adverse impacts to wetlands that cannot be avoided. To the maximum extent
practicable, impacts to buffers shall be minimized and any disturbed buffer areas shall be
immediately restored except as specifically allowed.
(1) Utility lines in Category II, III, and IV wetlands and their buffers and/or Category I wetland
buffers when no feasible conveyance alternative is available shall be designed and constructed
to minimize physical, hydrologic, and ecological impacts to the wetland, and meet all of the
following:
a. The utility line is located as far from the wetland edge and/or buffer as possible and in a
manner that minimizes disturbance of soils and vegetation.
b. Clearing, grading, and excavation activities are limited to the minimum necessary to
install the utility line and the area is restored following utility installation.
c Buried utility lines shall be constructed in a manner that prevents adverse impacts to
surface and subsurface drainage. This may include regrading to the approximate original
contour or the use of trench plugs or other devices as needed to maintain hydrology.
d. Best management practices are used in maintaining said utility corridors such that
maintenance activities do not expand the corridor further into the critical area.
(2) Public roads or bridges in Category II, III, and IV wetlands and their buffers and/or Category I
wetland buffers when no feasible alternative alignment is available and the road or bridge is
designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland,
including placement on elevated structures as an alternative to fill, where feasible.
(3) Access to private development sites may be permitted to cross Category II, III, or IV wetlands
or their buffers; provided there are no feasible alternative alignments and measures are taken to
maintain preconstruction hydrologic connectivity across the access road. Alternative access shall
be pursued to the maximum extent feasible, including through the provisions of
Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other
dimensions, and specific construction standards to minimize impacts may be specified, including
placement on elevated structures as an alternative to fill, if feasible.
(4) Low -impact, passive recreational activities may be constructed, such as pervious trails,
nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing
Jefferson County Code DRAFT WORK PRODUCT
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EXHIBIT A
or hunting; provided, construction is limited to the outer 592555 percent of the buffer. Trails within
buffers shall be designed to minimize impacts to the wetland and shall not include any impervious
surfaces and avoid removal of significant treesss
(5) Stormwater management within the buffers of only Category III and IV wetlands with habitat
scores of 3-4 pointsspAy, are allowed provided the management techniques follow published
guidelines for stormwater management in wetlands by the Department of Ecology57 and are
vegetation -lined swales designed for stormwater management or conveyance when topographic
restraints determine there are no other upland alternative locations. Swales used for detention
purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be
placed through the buffer, if necessary.
(6) Wetland buffer widths.
(a) The standard buffer shall be based on a combination wetland category, habitat function score
(from the wetland rating form), and land use intensity. The intensity of the land use shall be
determined in accordance with the definitions as listed below unless the technical administrator
determines that a lesser level of impact is appropriate based on information provided by the
applicant demonstrating that the proposed land use will have a lesser impact on the wetland than
that contemplated under the buffer standard otherwise appropriate for the land use,
The administrator shall have the authority to require buffers from the edges of all wetlands, in
addition to the building setback in accordance with the following:
(b) Wetland buffers shall be established to protect the integrity, functions, and values of the
wetland. Wetland buffers shall be measured horizontally from a perpendicular line established by
the wetland boundary based on the base buffer width identified in Table 18.22.735(1). Buffers
shall not include areas that are functionally and effectively disconnected from the wetland by an
existing, legally established road or another substantial developed surface.
(c) The buffer standards required by this article presume the existence of a dense, multi -storied
native vegetation community in the buffer adequate to protect the wetland functions and values.
When a buffer lacks adequate vegetation, the technical administrator may increase the standard
buffer, require buffer planting or enhancement, and/or deny a proposal for buffer reduction or
buffer averaging.
(d) The standard buffer shall be based on a combination wetland category, habitat function score
(from the wetland rating form), and land use intensity. The intensity of the land use shall be
determined in accordance with the definitions found in this chapter unless the technical
administrator determines that a lesser level of impact is appropriate based on information
provided by the applicant demonstrating that the proposed land use will have a lesser impact on
55 Changed per 1/21/2020 comments by Ecology
56 Added per 1/21/2020 Ecology comments
57 Added per 1/21/2020 Ecology comments and referred to generally as the suggested standards are
lengthy and mirror existing stormwater code
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EXHIBIT A
the wetland than that contemplated under the buffer standard otherwise appropriate for the land
use.
(e) Standard buffer widths are shown in Table 18.22.730(1). However, for Category I or II
wetlands with "special characteristics" as determined and defined through the Washington State
Department of Ecology (2014) Wetland Rating System (including estuarine, coastal lagoons,
wetlands of high conservation value, bogs, forested, and interdunal wetlands), only buffers in the
highest habitat score (8 to 9) group are applied.
(i) The prescribed buffer widths are based the wetland category (1, 11, 111, IV) as determined by
the scoring results on the rating form for the wetland rating system; and, the expected level
of impact of the proposed adjacent land use.
"High intensity land use" means land use that includes the following uses or activities:
commercial, urban, industrial, institutional, retail sales, residential (more than one
unit/acre), high-intensity new agriculture (dairies, nurseries, greenhouses, raising and
harvesting crops requiring annual tilling, raising and maintaining animals), high-intensity
recreation (golf courses, ball fields), hobby farms, and Class IV special forest practices,
including the building of logging roads A High Intensity Land Use may become a
Moderate Intensity Land Use where Required Measures to Minimize Impacts in Table
18.22.730(1)(b) are made part of the proposal and where a buffer condition is well
vegetated per 18.22.730(8) criteria.
"Low intensity land use" means land use that includes the following uses or activities:
forestry (cutting of trees only), low intensity open space (such as passive recreation and
natural resources preservation), utility corridor without a maintenance road and little or no
vegetation management58 and unpaved trails. Low intensity uses incorporate features in
Table 18.22.730(1)(b) by the nature of their use.
"Moderate intensity land use" means land use that includes the following uses or
activities: residential (one unit/gross acre or less), moderate -intensity open space (parks),
moderate -intensity new agriculture (such as orchards and hay fields), utility corridor or
riaht-of-wav shared by several utilities and includina access/maintenance roads59 and
paved trails
The administrator may determine, on the basis of detailed information from the applicant about
the site conditions, scope, and intensity of the proposed development, that the proposed land
use will have a lesser level of impact on the wetland than indicated by similar land uses on the
list.
58 Added per 1/14/2020 WDFW comments
59 Added per 1/14/2020 WDFW comments
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EXHIBIT A
Table 18.22.730(1),1. Standard Wetland Buffer Widths
Table 18.22.730(1)(b). Required measures to minimize impacts to wetlands
(All measures are required if applicable to a specific proposal )60
Disturbance
Land Use Intensity*
Wetland
Habitat Function High Impact
Moderate
Low Impact Buffer
Category
Score Buffer Width
Impact Buffer
Width (feet)
(feet)
Width (feet)
disruptive noise, such as certain heavy industry or mining,
Category 1
establish an additional 10' heavily vegetated buffer strip
8-9
300
225
150
wetland is not dewatered
6-7
150
110
75
<3- 5
100
75
50
Category 11
8-9
25 300
450 225-:-50
90150
4-90150-
6-7
6-7
150
110
75
<3- 5
60 1000
60 750
50
Category 111
8-9
4-50 300:50
4411225 0
75150 �
6-7
150
400110L 00
60750
<3- 5
80
60
50
Category IV
All
50
40
25
Table 18.22.730(1)(b). Required measures to minimize impacts to wetlands
(All measures are required if applicable to a specific proposal )60
Disturbance
Required Measures to Minimize Impacts
Lights
. Direct lights away from wetland
Noise
. Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation
plantings adjacent to noise source
• For activities that generate relatively continuous, potentially
disruptive noise, such as certain heavy industry or mining,
establish an additional 10' heavily vegetated buffer strip
immediately admacent to the outer wetland buffer
Toxic runoff
. Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
• Establish covenants limiting use of pesticides within 150 ft of
wetland
• Apply int e rated pest management
60 Table added per 1/21/2020 Ecology comments
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EXHIBIT A
Disturbance
Required Measures to Minimize Impacts
Stormwater runoff
. Retrofit stormwater detention and treatment for roads and
existing adjacent development
• Prevent channelized flow from lawns that directly enters the
buffer
• Use Low Intensity Development techniques (for more information
refer to the drainage ordinance and manual
Change in water
regime
. Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns
Pets and human
disturbance
. Use privacy fencing OR plant dense vegetation to delineate
buffer edge and to discourage disturbance using vegetation
appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
• Use best management practices to control dust
(6) Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of
the wetland buffer shall be identified as follows:
(a)The outer extent of the wetland buffer shall be flagged onsite.(b) In the case of short plat,
long plat, and binding site plan, the applicant shall include on the face of any such plan the
boundary of the wetland and its buffer.
(c) For all other approvals, the administrator shall have the authority to require a notice to title
be recorded on the property by the property owner prior to any permits may be issued.
(d) The administrator shall require signs be posted at the buffer edge if the proposed activity
is commercial or industrial, or if the activity is proposed on public lands.
(7) Buffers — Standard Requirements.
(a) The administrator shall have the authority to require buffers from the boundaries of all
wetlands as established by this article, and in accordance with the following criteria.
(i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the
wetland boundary as marked in the field during delineation if required, or based upon site
investigation, aerial photographs, or LiDAR images.
(ii) Functionally isolated buffer areas will be subject to wetland evaluation to determine
protective functions such as whether or not the isolated buffer area is used by wildlife to
gain access to the wetland. In instances where substantial wildlife use is documented, the
area shall be retained as buffer despite being otherwise isolated or disconnected from the
wetland.
(iii) When a buffer is on a slope steeper than 30 percent, and/or lacks adequately dense
and diverse vegetation, the administrator may deny a proposal for buffer reduction or
buffer averaging.
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EXHIBIT A
(8) Reducing Buffer Widths. Buffer widths may be reduced as depicted in Table 18.22.730(1)(bc)
when implementing listed impact -reducing measures on the adjacent land use per Table
18.22.730(1)(b) and requiring a protected vegetated corridor between the wetland and a Priority
Habitat or relatively undisturbed area, if present.61. Other buffer reductions may be allowed Upon
upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer
reduction does not adversely affect the existing functions and values of the wetland.; !the
administrator shall have the authority to reduce the prescribed buffer widths listed in the Table
18.22.735(1)x; provided, all of the following shall apply:
(a) The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of
the standard buffer; 62
63(b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the
required buffer, or 25 feet, whichever is greater,;
(c) The applicant implements reasonable measures to reduce the adverse impacts of
structures and appurtenances on the subject parcel as determined by the administrator; and,
(d) Buffer area reduction shall be minimized to accommodate only those structures and
appurtenances as approved by the administrator.
Table 18.22.730(1)(c). Reduced Wetland Buffer Widths with integration of Table
18.22.730(1)(b) Measures and Criteria in JCC 18.22.730 (8) at 25 Percent Reduction
61 Added per 1/21/2020 Ecology comments.
6 r' elete nor 1/21/2020 Ecolnnv Co ents
63nolote r, r 1 /'21 /:20:20 G, ,,I,,,."
Land Use Intensity*
Wetland
Habitat Function
High Impact
Moderate Impact
Low Impact
Buffer Width
Category
Buffer Width
Buffer Width
Score
feet
feet
feet
Category 1
8-9
225
168.75
112.5
6-7
112.5
82.5
56.25
<3- 5
75
56.25
37.5
Category 11
8-9
225
168.75
112.5
6-7
112.5
82.5
56.25
<3- 5
75
56.25
37.5
Category 111
8-9
225
168.75
112.5
6-7
112.5
82.5
56.25
<3- 5
60
45
37.5
Category IV
61 Added per 1/21/2020 Ecology comments.
6 r' elete nor 1/21/2020 Ecolnnv Co ents
63nolote r, r 1 /'21 /:20:20 G, ,,I,,,."
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EXHIBIT A
All 1Land Use Intensity*
-5037.5 14030 25
(9) Averaging Buffer Widths. Upon submission of a wetland evaluation by a wetland specialist
that demonstrates a buffer reduction does not adversely affect the existing functions and values
of the wetland, the administrator shall have the authority to average wetland buffer widths on a
case-by-case basis; provided, all of the following shall apply:
(a) The buffer averaging does not have any adverse impact on the functions and values of the
wetland and provides greater protection of the wetland;
(b) The total area contained within the buffer after averaging is no less than that which would
be contained within the prescribed buffer, and the buffer boundary remains more or less
parallel to the wetland boundary;
(c) The most sensitive, or highest value, areas of the wetland have the widest buffer
dimensions, and the buffer boundary considers variations in slope, soils, or vegetation to
optimize the overall effectiveness of the buffer;
(d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer
width;
(e) The buffer width was not already the subject of a buffer reduction; and,
(f) If area of buffer reduction is composed of native trees that are 8 inches in diameter at breast
height, the buffer reduction shall not be approved unless the area of buffer increase consists
of native trees of a similar size, age, density, and species composition as that in the area to
be reduced.
(10) Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will
be subject to a variance under JCC 18.22.250 or a financially bonded critical areas stewardship
plan (CASP); provided, the proposal can meet all CASP financial and other provisions.
(11) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a wetland. Supporting
documents that may be used to support this determination, include but are not limited to:
(a) The wetland is used by, or has habitat features that could be used by, state or federally
listed threatened or endangered species;
(b) The wetland serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or,
(d) The area adjacent to the wetland has minimal deep rooting, native vegetation and/or the
slopes are greater than 30 percent.
18.22.740 Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and area.
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EXHIBIT A
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse
impacts to regulated wetlands. When a proposed use or development activity poses potentially
significant adverse impacts to a regulated wetland, the preferred sequence of mitigation as
defined below shall be followed unless the applicant demonstrates that an overriding public
benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environment to the historical condition or the condition existing at the time of the initiation of a
project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
(f) Monitoring the required compensation and taking appropriate corrective measures when
necessary.
(2) Compensatory Wetland Mitigation — General Requirements. As a condition of any permit or
other approval allowing alteration which results in the unavoidable loss or degradation of
regulated wetlands, or as an enforcement action pursuant to Chapter 18.50 JCC, compensatory
mitigation shall be required to offset impacts resulting from the actions of the applicant or any
code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter
regulated wetlands shall provide wetland mitigation that is equivalent to or larger than those
altered in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation
ratios by category and type of mitigation that must be used for compensatory wetland
mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category
Re-
Rehabilitation
Re-
Re-
Enhancement
and Type of
establishment
Only'
establishment
establishment
Only'
Wetland
or Creation
or Creation
or Creation
Impacts
(R/C) and
(R/C) and
Rehabilitation
Enhancement
(RH)'
(E)'
All Category
1.5:1
3:1
1 R/C and 1:1
1:1 R/C and 2:1
6:1
IV
kH
E
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EXHIBIT A
Category
Re-
Rehabilitation
Re-
Re-
Enhancement
and Type of
establishment
Only'
establishment
establishment
Only'
Wetland
or Creation
or Creation
or Creation
Impacts
(R/C) and
(R/C) and
Rehabilitation
Enhancement
(RH)'
(E)'
All Category
2:1
4:1
1:1 R/C and 2:1
1:1 R/C and 4:1
8:1
III
RH
E
Category II
Case-by-case
4:1
Case-by-case
Case-by-case
Case-by-case
Estuarine
Rehabilitation
of an estuarine
wetland
All Other
3:1
6:1
1:1 R/C and 4:1
1:1 R/C and 8:1
12:1
Category II
RH
E
Category 1
6:1
12:1
1:1 R/C and
1:1 R/C and
24:1
Forested
10:1 RH
20:1 E
Category 1
4:1
8:1
1:1 R/C and 6:1
1:1 R/C and
16:1
Based on
RH
12:1 E
Score for
Functions
Category I
Not considered
6:1
R/C not
R/C not
Case-by-case
Wetlands
possible
Rehabilitation
considered
considered
with High
of a wetland
possible
possible
Conservation
with high
Value
conservation
value
Category I
Not considered
6:1
R/C not
R/C not
Case-by-case
Coastal
possible
Rehabilitation
considered
considered
Lagoon
of a coastal
possible
possible
lagoon
Category I
Not considered
6:1
R/C not
R/C not
Case-by-case
Bog
possible
Rehabilitation
considered
considered
of a bog
possible
possible
Category I
Case-by-case
6:1
Case-by-case
Case-by-case
Case-by-case
Estuarine
Rehabilitation
of an estuarine
wetland
' These ratios assume that the rehabilitation or enhancement actions implemented represent the
average degree of improvement possible for the site. Proposals to implement more effective
rehabilitation or enhancement actions may result in a lower ratio, while less effective actions
may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-
cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within
the gray area between rehabilitation and enhancement will result in a ratio that lies between the
ratios for rehabilitation and the ratios for enhancement.
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Chapter 18.22 CRITICAL AREAS
EXHIBIT A
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Category Re- Rehabilitation Re- Re- Enhancement
and Type of establishment Only' establishment establishment Only'
Wetland or Creation or Creation or Creation
Impacts (R/C) and (R/C) and
Rehabilitation Enhancement
(RH)' (E)'
2 Wetlands with high conservation value, coastal lagoons, and bogs are considered irreplaceable
wetlands because they perform some functions that cannot be replaced through compensatory
mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no
matter what kind of compensation is proposed.
Note: Each type of mitigation is defined in Chapter 18.10.130 under mitigation types.
Note: Wetland preservation may be approved by the administrator under limited circumstances
on a case-by-case basis if preservation requirements are met, as specified in Wetland Mitigation
in Washington State, Part 1: Agency Policies and Guidance, or as amended.
(b) Compensatory mitigation may also be determined using methods described in Calculating
Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final
Report (Washington State Department of Ecology Publication #10-06-011, or as amended);
provided, the mitigation is consistent with Table 18.22.740(1).
(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant
to this article, with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and
managed to avoid further development or degradation. The applicant or code violator must
provide for long-term preservation of the compensation area. The administrator has the
authority to require the applicant record a notice to title to ensure protection.
(e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic
conditions, and shall not be used as a stormwater system to comply with Chapter 18.30 JCC.
(f) The applicant shall post a mitigation performance bond to ensure monitoring the site occurs
and contingency plans are implemented if the project fails to meet projected goals. Corrective
actions must be coordinated and approved by department of community development.
(4LJ) Compensatory Wetland Mitigation — Type, Location, and Timing.
(a) Mitigation is to be provided in the preferred order listed below. A lower order preference
shall not be approved unless a wetlands evaluation prepared by a wetlands specialist
documents to the satisfaction of the administrator that a higher preferred option is not
ecologically viable.
(i) Restoration (re-establishment or rehabilitation) is the preferred mitigation option;
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EXHIBIT A
(ii) Creation (also referred to as establishment) may be approved if restoration is not an
ecologically viable option;
(iii) Enhancement may be approved if restoration or creation are not ecologically viable
options or may be required in the same buffer area when a use or structure is permitted
and encroaches into the same buffer 64
(iv) Preservation (also referred to as protection or maintenance) is the least preferred
mitigation option and shall be permitted only under limited circumstances when, based on
a report prepared by a wetlands specialist, the administrator determines that no other
option is ecologically viable.
(b) On-site compensation within the same sub -drainage basin is preferred. The administrator
may approve off-site compensation only if:
(i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site
mitigation is ecologically preferable;
(ii) No reasonable opportunities exist on-site and within the same sub -drainage basin;
(iii) On-site mitigation would result in the loss of high-quality upland habitats;
(iv) Off-site mitigation has a greater likelihood of compensating for project -related impact;
(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(vi) On-site compensation is not practical due to probable adverse impacts from
surrounding land uses; and,
(vii) Potential functions and values at the site of the proposed restoration are significantly
greater than the lost wetland functional values.
(c) Compensation outside of the sub -drainage basin may be approved by the administrator if
an in -lieu fee program is used.
(d) Construction of compensation projects must be timed to reduce impacts to existing wildlife
and flora. Construction must be timed to assure that grading and soil movement occurs during
the dry season. Planting of vegetation must be specifically timed to the needs of the target
species.
(e) Compensation must be completed prior to wetland destruction, where feasible
(6) In -lieu Fee (ILF) Program. An applicant may opt to use an ILF program to compensate for
impacts to aquatic resources (critical areas) and/or buffers based on criteria listed below. Use of
an ILF program transfers the responsibility of providing compensatory mitigation from the
applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation
that complies with all mitigation requirements of this chapter.
64 Added per 1/14/2020 WDFW comments
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(a) The ILF program may be used by an applicant as a way to mitigate for project impacts if
the impacts to the critical area or buffer occur within an ILF program service area. If an impact
occurs outside of an ILF Program Service Area, an applicant may request that Jefferson
County investigate the possibility of using the ILF program as mitigation. The ILF program
sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF
program service area.
(b) The applicant shall determine if there is a preference for using the ILF program over
permittee -responsible mitigation to compensate for unavoidable impacts. The county may
encourage an applicant to use the ILF program, but shall not require an applicant to use ILF
for mitigation.
(c) The administrator may approve an application using an ILF program for mitigation if the
ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has
the right to deny the request if the sponsoring organization cannot fulfill all ILF program
mitigation requirements. If the sponsoring organization does not accept the mitigation
responsibility, the applicant shall be responsible for providing mitigation that complies with
this chapter. The administrator shall not approve a permit involving ILF mitigation until (1) the
applicant has purchased the appropriate number of credits from the sponsoring organization
and (2) the sponsoring organization has completed a statement of sale. Once the ILF
program sponsor completes the financial transaction with the applicant, the sponsor
becomes responsible for completing the mitigation effort to comply with Jefferson County
Code critical areas requirements and the applicable approved in -lieu fee program instrument.
Article XIII. Agriculture
18.22.800 Purpose and Intent.
(1) Jefferson County desires to encourage the conservation of productive agricultural lands and
to implement alternative means of protecting critical areas using conservation practices in this
Article. As allowed under WAC 365-196-830 (Protection of Critical Areas), both regulatory and
voluntary measures may be developed and used to prevent degradation of critical areas.
(2) The well-being of agricultural activities in Jefferson County depends in part on good quality
soil, water, air, and other natural resources. Agricultural operations that incorporate protection of
the environment, including critical areas and their buffers as defined by Title 18 JCC, are essential
to achieving this goal.
(3) Jefferson County offers agricultural producers two paths to achieve no net loss of critical areas
functions and values while supporting the viability of agriculture. These two paths are:
(a) A "prescriptive" approach is one in which standard buffer widths from streams, wetlands,
and ponds are established, which may offer a simpler yet stricter set of standards; or,
(b) A "performance" based approach where the producer works independently or with farm
assistance agencies to identify the resource concerns that are unique to the farm operation
and to implement practices best suited to address those concerns.
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EXHIBIT A
(4) Jefferson County shall ensure monitoring and adaptive management processes are in place
to evaluate whether the application of performance-based approaches address resource
concerns identified in this article to the extent related to agricultural activities.
18.22.810 Resource Concerns.
Agricultural activities have the potential to create adverse impacts to critical areas. It is the
county's policy to minimize such impacts.
(1) Nutrient Pollution of Water. Agricultural activities without proper conservation practices may
contribute wastes or sediments into a natural or modified natural stream or wetlands.
(2) Nutrient and Farm Chemical Management. Without proper conservation practices, manure
could be carried into a stream, wetlands, or other waters of the state by any means. Farm
chemicals must be applied consistent with chemical container labels and all applicable federal
and state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife
habitat conservation areas.
(3) Soil Erosion and Sediment Control Management. Construction of roads used for agricultural
purposes, agricultural equipment operation, and ditch construction and maintenance should be
undertaken in such a manner as to avoid sediment contribution to streams.
(4) Operation and Maintenance of Agricultural Drainage Infrastructure. Maintenance and
operation of ditches should be designed to prevent maintenance problems, avoid blocking water
flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure stream
bank vegetation is protected or replanted.
(5) Riparian Management. Dense riparian vegetation along the water's edge will slow and protect
against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish,
birds, and wildlife; and, keep water cooler in summer. Existing riparian vegetation should be
managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish
and wildlife, and control noxious weeds.
18.22.820 Applicability and Classification.
(1) Applicability: Proponents of the following activities within fish and wildlife conservation areas
or wetlands or their buffers shall comply with either the prescriptive standards of Chapter 18.22
JCC or the performance- based approach in this Article XIII:
(a) New or expanded areas of agricultural activities.
(b) Producers conducting one or more of the following activities within the footprint of the
agricultural activity as of the effective date of this code (XXX date):
(i) adding or expanding temporary or permanent structures;
(ii) adding or expanding compacted areas such as for parking, roads, or access;
(iii) adding or expanding impervious areas;
(iv) adding or replacing wells or septic systems;
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(v) constructing or altering ditches or drainage systems;
(vi) constructing or altering farm and stock ponds;
(vii) expanding or altering manure or compost management structures or practices;
(viii) altering the application of fertilizers or agricultural chemical management activities in
proximity to wetlands or water bodies;
(ix) adding or altering irrigation practices; or,
(x) other similar activities as determined by the administrator.
(2) This Article does not apply to:
(a) Exempt Activities per JCC 18.22.210. Agricultural activities occurring within the
footprint of use as of the effective date of this code (XXX date) are exempt from
compliance with Chapter 18.22 JCC unless listed in JCC 18.22.720.
(b) Agricultural activities that do not lie within fish and wildlife conservation areas or
wetlands.
(3) Checklist and Classification: Jefferson County shall prepare and maintain a critical areas
checklist in consultation with farm assistance agencies. The checklist shall identify agricultural
activities and the conservation practice(s) necessary to achieve performance standards in JCC
18.22.830 and avoid potential negative impacts described under resource concerns in JCC
18.22.810. Based on the achievement of performance standards as documented in the critical
areas checklist, proposals shall be typed as follows:
(a) Type 1 Conservation Practices Compliant. Type 1 applies to producers that have a farm
plan developed by State or Federal farm assistance agencies, or has completed a critical
areas checklist demonstrating that the proposal addresses performance standards in JCC
18.22.830 due to the nature of the proposals and conservation practices in place that avoid
potential negative impacts described under resource concerns in JCC 18.22.810.
(b) Type 2 Conservation Practices Scheduled. Type 2 applies to proposals do not meet one
or more performance standards in JCC 18.22.830 and identifies conservation practices that
will adequately address resource concerns created by the agricultural activities. The
conservation practices shall be implemented based on a schedule developed in consultation
with farm assistance agencies or a report by a natural resource conservation professional.
Such scheduled conservation practices shall avoid resource concerns identified in JCC
18.22.810 and meet performance standards in JCC 18.22.830.
(c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteria
and cannot document that appropriate conservation practices have been implemented or
scheduled that will adequately address resource concerns created by the agricultural
practices. The producer shall complete a critical areas checklist and provide a report prepared
by a State or Federal farm assistance agency or a natural resource conservation professional
to demonstrate how the proposal meets the performance standards in JCC 18.22.830 and
avoids potential negative impacts described under resource concerns in JCC 18.22.810. If
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performance standards cannot be met with adequate conservation practices scheduled, the
proponent shall be subject to the prescriptive standards of this chapter and may apply for
variances or reasonable economic use exception where appropriate.
18.22.830 Protection Standards.
(1) Performance Standards. Producers shall submit a critical areas checklist and supporting
documentation to the satisfaction of the administrator to demonstrate the following performance
standards are met due to the nature of the proposal as well as installed or scheduled conservation
practices:
(a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment,
and other contaminants from entering fish and wildlife habitat conservation areas and
wetlands.
(b) Roof runoff is managed so that it does not result in ponding and/or channeling in
confinement areas, and/or contribute to the discharge of manure, pathogens, sediment,
pesticides, and other contaminants to fish and wildlife habitat conservation areas and
wetlands.
(c) Areas of farm production are managed to prevent stormwater from carrying manure,
pathogens, sediment, pesticides, and other contaminants from entering all fish and wildlife
habitat conservation areas and wetlands.
(d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that
outlet to streams and ditches installed and maintained in a manner that prevents the entry of
manure, pathogens, sediment, pesticides, and other contaminants.
(e) Livestock are excluded from fish and wildlife habitat conservation areas and wetlands by
means of fencing, gates and/or other controls that are consistent with the practices
recommended by farm assistance agencies.
(f) Buffers are established that either: (i) are consistent with either the prescriptive standards
in Chapter 18.22 JCC applicable to fish and wildlife habitat conservation areas or wetlands or
(2) consistent with farm assistance agency -designed conservation practices that provide for
buffers around fish and wildlife habitat conservation areas or wetlands within areas where
livestock are kept.
(g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and
other contaminants from entering fish and wildlife habitat conservation areas and wetlands.
(h) Manure is applied in a manner and its application timed to prevent pollution of fish and
wildlife habitat conservation areas and wetlands.
(i) Compost production is handled and stored in a way that prevents stormwater from carrying
nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat
conservation areas and wetlands.
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Q) Application of fertilizers and/or agricultural chemicals for weed and pest control are
conducted in a manner that prevents them from entering any fish and wildlife habitat
conservation areas and wetlands on the farm either by aerial drift or by stormwater run-off.
(k) The proposal avoids expandinn +ho `-rained! to i infarmed- ,, eflandsadverse alteration
of wetland hydrology65
(1) The proposal protects riparian vegetation or tree cover after drainage maintenance or
construction.
(m) The proposal maintains surface and groundwater flow, discharge, and recharge, through
such means including but not limited to maintaining soil permeability, avoiding net increases
in impervious areas, avoiding compaction, or avoiding changing discharge to streams.
(n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands
consistent with the practices recommended by farm assistance agencies.
(o) The site has not been cleared under a forest practices permit or altered tree cover by more
than 10,000 square feet.
(p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as
proposed are in conformity with County flood hazard regulations and the practices
recommended by farm assistance agencies.
(q) The proposed agricultural activity is consistent with locational allowances in Subsection
(2).
(2) Locational Standards. Table 18.22.830(1) identifies agricultural activities that are allowed in
or near wetlands and streams and their prescriptive buffers.
(a) Cultivation and production and agricultural structures, buildings, impervious areas shall
meet the locational allowances and associated performance standards.
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Table 18.22.830(1). Agricultural Activities Allowances in Wetland/Strean; and
Wetland/Stream" Buffers
Activity
Cultivation and
production
Agricultural
structures,
buildings,
impervious areas
Notes:
Allowed in GFitiGaE
AfeaWetlands
Yes, existing agricultural activities
lawfully established as of the
effective date of this chapter (XXX)
Allowed in Prescriptive Wetland
and Stream Buffers
Yes, existing agricultural activities
lawfully established as of the
effective date of this chapter (XXX)
Yes, new or expanded agricultural Yes, new or expanded agricultural
activities 1'2 activities 1,2
Limited to activities addressed by
farm assistance agency practices
on farmed wetlands, including but
not limited to high tunnel systems,
where consistent with federal and
state law' 2,3
Yes, existing agricultural activities
lawfully established as of the
effective date of this chapter (XXX)
Yes, new or expanded agricultural
activities' 2
1Subject to performance standards in JCC 18.22.830(1) and determined to be a Type I or Type
2 proposal per JCC 18.22.820.
2 Conditions or performance standards applied by the administrator may include but are not
limited to wetland/riparian or buffer enhancement in limited circumstances and as determined
in consultation with a farm assistance agency or qualified professional, provided proposed
actions for compensation are conducted in advance of the impact and are shown to be
successful and provided enhancement is part of ongoing monitoring.
3 Producers shall demonstrate they have received a NRCS Certified Wetlands Determination
or equivalent determination by another farm assistance agency, state oversight agency official,
qualified professional, or Jefferson County.
(3) Structures. Structures shall be determined to achieve no -net -loss of critical area functions
and values when following NRCS Field Office Technical Guides (FOTGs). Documentation
supports the administrator making a written decision finding that the landowner's compliance
with other state or federal regulations or permits provides sufficient protection on the site to
satisfy related critical areas requirements of this chapter.
(a) The administrator may condition the proposed agricultural activities to avoid resource
concerns in JCC 18.22.810 through the application of conservation practices recommended
by farm assistance agencies or a qualified professional.
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(b) If the agricultural activity is a Type 3 Critical Area Undocumented or does not demonstrably
meet the performance standards in JCC 18.22.730(1), or does not meet locational
requirements of Table 18.22.830(1), the administrator shall deny proposal. The proponent
may seek use of the prescriptive path offered in Chapter 18.22 JCC.
(3) Conservation Practices. Agricultural landowners and operators are encouraged to design
conservation practices through use of the following resources:
(a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) "Field Office
Technical Guide" (FOTG) contains a nonexclusive list of conservation practices to guide
implementation of the expectations of this article.
(b) The Jefferson County conservation district is available to assist with completion of the
critical areas checklist and in the development of conservation plans approved through
the NRCS. A producer may also work with other farm assistance agencies.
(4) Scheduled Conservation Practices. For a Type 2 Conservation Practices Scheduled proposal,
the proponent shall identify the standards by which the practice will be designed and the
scheduled date of implementation. The proponent shall provide documentation the scheduled
conservation practice has been established in accordance with the design specifications following
implementation.
18.22.840 Monitoring and Adaptive Management
Monitoring provides information used by Jefferson County to assist in determining the
effectiveness of the County's critical area regulations and conservation practices applicable to
agricultural activities. Jefferson County shall develop a monitoring program. The monitoring
program shall identify existing functions and values per subsection (1), the thresholds of no harm
or degradation in subsection (2), and the benchmarks and outcomes in subsection (3). The
monitoring and adaptive management report shall be prepared periodically in accordance with
subsection (4).
(1) "Existing functions and values" relates to the following categories as compared to conditions
as of effective date of this chapter (XXX):
(a) Water quality, as documented in a given watershed by the Jefferson County conservation
district or other management agency.
(b) The existence or absence of large woody debris within a stream, as documented in the
analyses completed by the Washington Department of Fish and Wildlife (WDFW) for the
Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(c) The existing riparian buffer characteristics and width, including, but not limited to, the
existing amount of shade provided by the existing riparian buffer, as documented in analyses
completed _ — for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21,
or other relevant studies.
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(d) The existing channel morphology as documented with Department of Natural Resources
(DNR) Aerial Photography.
(e) TT"Location and functions of wetlands if present and determined by a
wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical
areas mapper or other mapped documentation and described by a wetland rating (when
vailable). ss
(2) "No harm or degradation" means the following:
(a) Maintaining or improving documented water quality levels, if available
(b) Meeting, or working towards meeting, the requirements of any total maximum daily load
(TMDQ requirements established by the Department of Ecology pursuant to
Chapter 90.48 RCW.
(c) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-110 WAC
(Hydraulics Code).
(d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the
stream or wetland that can be reasonably attributed to adjacent agricultural activities.
(e) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-
201A and 220-110 WAC shall not be interpreted to replace Department of Ecology and
WDFW authority to implement and enforce these state programs.
(3) Monitoring Program Benchmarks and Outcomes:
(a) Water quality monitoring results shall be based on sampling data collected and analyzed
by Jefferson County department of public health or a designated partnering agency. To
comply with the no harm requirement for water quality, all parameters evaluated must remain
comparable (or improve) relative to established state standards. If any water quality parameter
shows a decline, the departments of community development and public health may require
on-site sampling of upstream and downstream water quality conditions to determine if
permitted activities that have been implemented have since affected water quality.
(b) Habitat ecology should remain comparable to the watershed conditions as documented by
agencies with expertise with no net loss of critical area functions and values compared to a
baseline as of the effective date of this ordinance (XXX). Additionally, indicators of habitat
conditions, such as (1) the percent cover of woody vegetation shall not result in a net
decrease; (2) the amount of habitat features such as snags, downed woody debris, and open
water habitats shall not result in a net decrease.
(c) In -stream fish habitat, wetland and riparian vegetation conditions should remain stable
or improve (based on assessments, reports, and online information published the Washington
Department of Fish and Wildlife or another state or federal agency with comparable expertise).
Critical area restoration and habitat improvement projects should meet specific benchmarks
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to ensure success.' -
At a site-specific level, any activity that negatively affects salmonids
shall be considered a negative benchmark. This could include, but is not limited to, installation
of in -stream barriers to fish passage, removing woody debris from a stream, altering spawning
gravel, altering pool/riffle instream conditions, or introduction of chemicals into the water
column.
(d) Wetland area and function should remain stable or improve as documented by monitoring
or periodic site inspection of plan implementation and/or aerial photo analysis of mapped
wetlands within areas of new or expanded agricultural intersects."
(4) Reporting. The administrator shall periodically review the monitoring and adaptive
management report implementation and compliance beginning one year after the effective date
of this article and every two years thereafter, through the life of the monitoring and adaptive
management report, or more frequently at the administrator's discretion. The review may include
periodic site inspections, -a certification of compliance by the farm operator, or other appropriate
actions. A subset of properties may be monitored on a rotating basis.
(a) Self -certification is allowed for approved Type 1 or Type 2 classifications. A sufficient self -
certification monitoring report shall include photos and implemented conservation practices or
documentation from farm assistance agencies or a qualified professional. Self -certifications
shall be submitted within 45 days of request, county staff may make a site visit. Site visits will
be coordinated with the landowner/farm operator. Prior to carrying out a site inspection, the
administrator shall provide reasonable notice to the owner or manager of the property as to
the purpose or need for the entry, receive confirmation, and afford at least two weeks in
selecting a date and time for the visit. At the landowner's/farm operator's discretion, the
Jefferson conservation district staff or other farm assistance agency staff may accompany
staff.
(b) The County will publish the results of its periodic reviews and make them available to the
public and state agencies. These results will include all baseline monitoring data, summary
statistics, an assessment of the accuracy and completeness of the data, and a description of
data collection issues if any, identified during the reporting period as well as the following
additional information:
(i) A description of all compliance assessments and source identification actions taken
during the reporting period;
(ii) A description of educational outreach actions as well as enforcement actions taken
during the reporting period;
(iii) A description of any actions taken to modify conservation practices on a site or area
specific basis; and,
(iv) A discussion of monitoring priorities for the next reporting period.
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(v) Potential adaptive management measures applicable on an areawide or countywide
basis when monitoring indicates: that standards and/or thresholds are being exceeded;
the exceedance is adversely affecting designated critical areas; and, a change in
regulations that are applicable areawide or countywide is needed to address the
exceedance. Modifications may also be made if monitoring indicates that less stringent
standards are appropriate based on best available science.
18.22.850 Compliance.
(1) Critical area protection is required for existing and ongoing agriculture as well as new
agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the
existing functions of critical areas and associated buffers.
(2) Agricultural activities are expected to meet the objectives and standards of this Article through
voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and
a new or revised critical areas checklist and supporting documentation will be required consistent
with JCC 18.22.820, when the administrator determines that any of the following has occurred:
(a) When a producer fails to implement and maintain their conservation practices determined
to exist or be scheduled in a Type 1 or Type 2 review per JCC 18.22.820 properly and fully.
(b) When implementation of the conservation practices fails to protect critical areas. If so, a
new or revised critical areas checklist and schedule of conservation practices shall be required
per JCC 18.22.820 to protect the values and functions of critical areas at the benchmark
condition described in JCC 18.22.840 or a baseline established by the producer in
consultation with a farm assistance agency or qualified professional.
(c) When substantial changes in the agricultural activities of the farm or livestock operation
have occurred that render the current critical areas checklist and associated conservation
practices ineffective. Substantial changes that render a critical areas checklist and associated
conservation practices ineffective are those that:
(i) Degrade baseline critical area conditions for riparian and wetland areas that existed
when the plan was approved;
(ii) Result either in a direct discharge or substantial potential discharge of pollution to
surface or ground water; or,
(iii) The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3.
(d) When a new or revised critical areas checklist and supporting documentation is
required, and the producer has been so advised in writing and a reasonable amount of
time has passed without significant progress being made to develop said plan. Refusal or
inability to provide a new checklist within a reasonable period of time shall be sufficient
grounds to revoke the approved agricultural activity and require compliance with the
standard provisions of this chapter.
(3) When a producer denies the administrator reasonable access to the property for technical
assistance, monitoring, or compliance purposes, then the administrator shall document such
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refusal of access and notify the producer of his/her findings. The producer shall be given an
opportunity to respond in writing to the findings of the administrator, propose a prompt alternative
access schedule, and to state any other issues that need to be addressed. Refusal or inability to
comply with an approved critical areas checklist and schedule of conservation practices within a
reasonable period of time shall be sufficient grounds to revoke said plan and require compliance
with the standard provisions of this chapter.
(4) If agricultural activities result in degradation of a critical area, the farmer shall be required to
either cease the agricultural activity that results in critical area degradation or prepare a critical
areas checklist and supporting documentation that demonstrates how farming activities will be
brought into compliance with critical area protection requirements. The critical areas checklist
shall be submitted to department of community development for review and approval. If the
administrator determines the proposed activities and conservation practices do not sufficiently
address critical areas degradation, a farm assistance agency or qualified professional shall
prepare a schedule of conservation practices. The proponent shall allow the County or farm
agency with expertise reasonable access to the parcel to determine that the scheduled
conservation practices are installed, and critical areas functions are not being degraded. If
compliance cannot be achieved, other enforcement action based on Chapter 18.50 shall be
required.
(5) A producer is responsible only for those conditions caused by agricultural activities conducted
by the producer and is not responsible for conditions that do not meet the standards of this article
resulting from actions of others or from natural conditions not related to the on-site agricultural
operations. Conditions resulting from unusual weather events (such as storm in excess of a 25 -
year, 24-hour storm) or other exceptional circumstances that are not the product of obvious
neglect are not the responsibility of the owner or operator.
18.22.760 Limited Public Disclosure.
(1) Producers that have a farm plan developed by State or Federal farm assistance agencies will
not be subject to public disclosure unless required by law or a court of competent jurisdiction;
(2) Provided, that the county will collect summary information related to the general location of a
farming enterprise, the nature of the farming activity, and the specific conservation management
practices to be implemented such as through a critical areas checklist per JCC 18.22.720. The
summary information shall be provided by the farm operator or his/her designee and shall be used
to document the basis for the county's approval of the proposal.
(3) The county will provide to the public via its website information regarding which farms have
approved Type 1 or Type 2 conservation practices per JCC 18.22.720 and the date of their
approval.
(4) Upon request, the county may provide a sample critical areas checklist, exclusive of site- or
property specific information, to give general guidance on the development of a conservation farm
plan.
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Article IX. Special Reports
18.22.900 Purpose.
(1) Purpose. Special reports may be required to provide environmental information and to present
proposed strategies for maintaining, protecting, or mitigating impacts to critical areas:
(a) Demonstrate that the submitted proposal is consistent with the purposes and specific
standards of this chapter;
(b) Describe all relevant aspects of the development proposal and critical areas adversely
affected by the proposal and assess impacts on the critical area from activities and uses
proposed; and,
(c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no
other feasible alternative exists.
(d) Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such
impacts shall include those to wildlife, habitat, and migration corridors; water quality and
quantity; and, other geologic or watershed processes that relate to critical area condition,
process, and/or service.
18.22.905 General requirements.
(1) When Special Reports Must be Submitted. The administrator shall require a special report or
reports if any portion of a proposed development or use has the potential to negatively impact a
critical area or encroach upon a buffer, consistent with the standards found in this chapter.
(2) Minimum Description. Special reports shall be prepared for review and approval by the
administrator. In addition to the applicable report requirements presented in this article, special
reports shall describe, at a minimum, the following:
(a) The proposed activity;
(b) Existing site conditions; and,
(c) Critical areas and their buffers on the project site.
(3) Minimum Assessment. Special Reports shall also:
(a) Assess potential impacts to critical areas function and values;
(b) Propose mitigation for unavoidable losses to critical areas;
(c) Present a figure showing the location of critical areas and buffers on the project site;
(d) Present a scaled site plan that includes a north arrow, property boundaries, existing
structures and features on the project site, and the limits of clearing needed during
construction;
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(e) Identify amount of clearing, grading, and impervious surface on a Stormwater Calculation
Worksheet, if applicable; and,
(f) Present photographs of the project site.
(4) Special reports shall be valid for five years from the date the report was prepared and report
validity may be extended by the administrator; provided, critical area conditions, including buffer
conditions, have not changed since the special report was written. The administrator shall have
the authority to require a revised special report, as needed, to satisfy all the provisions of this
chapter.
18.22.910 Waivers.
The administrator may waive the requirement for a special report in limited circumstances when
an applicant demonstrates all of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals,
purposes, and objectives of this code; and,
(2) The minimum protection standards required by this chapter are satisfied.
18.22.915 Retaining consultants.
Jefferson County may retain consultants to assist in the review of special reports outside the
range of staff expertise. The applicant shall pay for the costs of retaining said consultants.
18.22.920 Acceptance of special reports.
(1) The administrator shall verify the accuracy and sufficiency of all special reports.
(2) If the administrator finds that a special report does not accurately reflect site conditions, or
does not incorporate appropriate protections mechanisms, the administrator shall cite evidence
that demonstrates where the special report is insufficient or in error. The applicant may then revise
and resubmit the special report.
18.22.930 Critical aquifer recharge area reports.
(1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson
County to verify the accuracy of its critical aquifer recharge area map and to determine specific
aquifer protection measures to be applied to prevent significant adverse impacts to groundwater
quality, and in some cases water quantity. A critical aquifer recharge report shall be prepared
when required in Article III (critical aquifer recharge areas).
(2) Standards for Critical Aquifer Recharge Report or Hydrogeologic Evaluation. Acritical aquifer
recharge report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical
aquifer recharge report shall include:
(a) A detailed description of the project, including all processes and other activities that have
the potential for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
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(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and
existing groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site;
(vi) An evaluation of existing groundwater recharge; and,
(vii) A discussion and evaluation of the potential impact of the proposal upon groundwater
recharge;
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming
an accidental spill or release of project -specific contaminants or on-site sewage discharge, or
both if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment
equipment, employee spill response training, and emergency service coordination measures;
(e) Best management practices to minimize exposure of permeable surfaces to potential
pollutants and to prevent degradation of groundwater quality; and,
(f) Demonstrate compliance with applicable protection standards in Section 18.22.330.
(g) Requirements for a monitoring program with financial guarantees/assurances that the
monitoring program will be implemented.
(3) County Review. Critical aquifer recharge report or hydrogeologic evaluation shall be forwarded
to the Jefferson County department of public health for technical review. The county may request
additional information in order to determine the adequacy of the reports and may rely on input
from Washington Department of Ecology.
(4) Conditions for Mitigation Identified in the Critical Aquifer Recharge Report or Hydrogeologic
Evaluation. The administrator shall determine appropriate permit conditions as identified in the
critical aquifer recharge report or hydrogeologic evaluation to mitigate the impacts of proposed
activities to critical aquifer recharge areas.
18.22.940 Frequently flooded area reports.
(1) Habitat Assessment Required. A habitat assessment shall be submitted if any portion of the
proposed project occurs within a Special Flood Hazard Area (floodplain), as mapped by the
Federal Emergency Management Agency (FEMA).
(2) Standards for Habitat Assessment.
(a) 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain
Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA).
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(b) Habitat Assessments also shall be prepared to comply with Article III of this chapter and
the flood damage prevention ordinance, as codified in Chapter 15.15 JCC.
18.22.945 Geologically hazardous area reports.
(1) When a Geological Assessment is Required. Whenever development is proposed in a
potentially geologically hazardous area as defined in Article V orwhen the department determines
that additional soils and slope analysis is appropriate on a particular site, the applicant is required
to submit a geological assessment.
(2) Purpose of Geological Assessments. Geological assessments evaluate the surface and
subsurface soil conditions that may impact a proposal or that may be impacted by a proposal.
(3) Types of Geological Assessments. Geological assessments shall be submitted as one of the
following types:
(a) A geological letter. When the geotechnical professional finds that no hazard area exists
within two hundred feet of the site, a stamped letter may be submitted demonstrating those
findings;
(b) A geological report. When the geotechnical professional finds that a geologically
hazardous area exists within two hundred feet of the site, but will not impact the site or need
engineering design recommendations;
(c) A geotechnical report. When the geotechnical professional engineer finds that a
geologically hazardous area exists within two hundred feet of the site and will require
engineering design recommendations or other mitigation measures necessary in order to
construct or develop within the geologically hazardous area.
(5) Standards for All Geological Assessments.
(a) Must be Based on Site Conditions. Recommendations for earthwork, clearing or siting
structures in geologically hazardous areas shall be based on existing site conditions rather
than measures that have not yet been successfully approved, designed, or constructed (e.g.,
slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.).
(b) Limits on Shoreline Bulkheads and Retaining Walls. Shoreline bulkheads and retaining
walls may only be utilized as an engineering solution where it can be demonstrated that:
(i) An existing residential structure or other permitted existing public or private structures
or public facilities such as roads or highways cannot be safely maintained without such
measures;
(ii) Other nonstructural methods of beach stabilization have been considered and
determined infeasible; and,
(iii) The resulting stabilization structure is the minimum necessary to provide stability for
the existing structure and appurtenances.
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(c) Minor Repair Activities on Existing Permitted Structures. Minor repair activities on existing
permitted structures (i.e., those that do not involve design modifications, changes in structure
location, or demolition or abandonment of failed structure and replacement with new structure)
are not subject to the project submittal standards in subsections (4) and (5).
(6) Project Submittal Standards for Geological Reports. A geological report is required for site
development proposals that involve development activity or the installation of structures within a
geologically hazardous area, or as otherwise required but do not involve or require engineering
design recommendations. The following minimum information is required:
(a) Site information regarding the critical areas designations that affect site features;
(b) Description of surface and subsurface conditions, including ground materials, vegetation,
surface drainage, groundwater, and a preliminary geologic hazard assessment which includes
the locations of structures and the identification of the slope and/or coastal processes
occurring at the site and factors that contribute to them;
(c) Review of available site information, literature, and mapping;
(d) Detailed description of slope and other topographic features;
(e) Conceptual siting of structures and general recommendations, which include methods and
practices that avoid and/or reduce slope and shore impacts. Minimum recommendations
should include upland and slope drainage control, groundwater control, site vegetation
management, and erosion control;
(f) A description of how the proposal complies with the clearing, grading, excavation, and
stormwater requirements in JCC 18.30.060 and JCC 18.30.070, and the current version of
the Stormwater Management Manual for Western Washington;
(g) A description of potential effects of the proposal on stormwater quantity, quality, and runoff
patterns post -construction;
(h) A clear statement whether or not the proposal will affect or alter water movement to the
geologically hazardous area and its critical areas buffer if the proposal is implemented; and,
(i) Identify measures to avoid or minimize alteration of stormwater runoff patterns post -
construction.
(7) Project Submittal Standards for Geotechnical Reports. A geotechnical report is required when
the department or a geological report determines that a proposal requires additional site
information such as engineering design recommendations, slope stability analysis, subsurface
exploration and testing, coastal process analyses, or construction recommendations. Depending
on the level of activity proposed, the geotechnical report will either be a more limited geotechnical
slope evaluation report or a full geotechnical design investigation report as described below.
(a) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required
when slope stability analyses are confined to addressing only existing surface and/or drainage
conditions, including the relationship of natural and constructed slope features to proposed
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changes in environmental conditions such as drainage, vegetation removal and slope
geometry. The following minimum information is required:
(i) All the information required under subsection (6) (Project Submittal Standards for
Geological Reports);
(ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical
engineer;
(iii) Estimated (or surveyed) site plan with ground surface profiles and typical cross-
sections;
(iv) Relative location of ordinary high water (OHW) on the surface profile and cross-
sections, where applicable;
(v) Soil strength parameters;
(vi) Stability analysis of existing site;
(v) Analysis of the relationship of vegetation and slope stability; and,
(vi) Conceptual site development plans and cross-sections.
(b) Geotechnical Design Investigation Report. A geotechnical design investigation report is
required for site development activities that propose design and construction measures at the
slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal
processes, the report will not be required to perform all items listed under this section, as long
as each item is addressed and the report details why a particular item does not apply. The
report shall include all items considered necessary by the engineer to fully address the
engineering design requirements of the site. The following minimum information is required:
(i) All the information required under subsection (5)(a) of this section (Geotechnical Slope
Evaluation Report);
(ii) Geotechnical requirements and measures to reduce risks;
(iii) Geotechnical criteria used for any designs including all critical dimensions, lateral earth
pressures, soil bearing pressures, location, and limits of structures on or near the slope,
maximum constructed slope angles, minimum soil reinforcement embedment, soil
compaction requirements, and structure heights;
(iv) Temporary construction slope stability recommendations and analysis of proposed
final site stability measures;
(v) Required construction specifications and construction monitoring procedures;
(vi) Revegetation and surface and groundwater management requirements;
(vii) Evaluation of erosion potential, recommendations for erosion avoidance and any
proposed mitigation measures;
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(viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to
design and construction, and when required for clarification, detailed examples of tests
conducted for the project; and,
(ix) Information outlined in the geotechnical design investigation report site evaluation
checklist required in subsection (d).
(c) Additional Requirements for Projects in Landslide -prone Geologically Hazardous Areas.
When a project is located within a landslide -prone geologically hazardous area, the following
additional project submittal requirements shall apply:
(i) Erosion Control Information. An evaluation of the erosion potential on the site during
and after construction is required. The evaluation shall include recommendations for
mitigation, including retention of vegetative buffers and a revegetation program. The
geotechnical engineer shall provide a statement identifying buffer areas at the top or toe
of a slope based on geotechnical site constraints and the impacts of proposed construction
methods on the erosion potential of the slope.
(ii) Seismic Information. The geotechnical engineer shall submit a statement that the
design criteria consider the one -in -one -hundred -year seismic event (an earthquake
ground motion that has a forty percent probability of exceedance in fifty years).
Calculations of soil bearing capacity, general soil stability, and wall lateral earth pressures
shall be adjusted to reflect a one -in -one -hundred -year seismic event and the structural
plans for the project shall be reviewed by the geotechnical engineer for consistency with
these design criteria:
Analysis for the one -in -one -hundred -year seismic event shall be based on a
near -crustal event having an assumed magnitude of 6.5 and occurring directly
below the site. Based on regional studies performed by others, the department
will allow the use of the following minimum general values of horizontal peak
ground accelerations for this event:
a = 0.2g for fill, alluvial soils
a = 0.17g for till, firm glaciated soils
a = 0.15g for rock.
The appropriateness of the above accelerations shall be confirmed by the
geotechnical engineer based on the actual site characteristics. Reduction in
the above values may be considered when supported by the appropriate
analytical evidence. Slope stability, lateral pressures, and liquefaction of the
site shall be assessed by using subsurface soil, rock, and groundwater
conditions, as well as the seismic parameters discussed above.
(iii) Recommendations on Relative Site Stability. The geotechnical engineer shall make
recommendations as to which portions of the site are the least prone to instability and the
preferred location of the structure. The limits of any area proposed for grading activity shall
be identified.
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(iv) Construction Season Limitation. In general, no excavation will be permitted in
landslide -prone geologically hazardous areas during the typically wet winter months.
When excavation is proposed, including the maintenance of open temporary slopes,
between October 1 st and April 30th, technical analysis shall be provided to ensure that no
environmental harm, threat to adjacent properties, or safety issues would result. In
addition, recommendations for temporary erosion control and shoring/mitigating measures
shall be provided. The technical analysis shall consist of plans showing mitigation
techniques and a technical memorandum from the geotechnical engineer.
(v) Revisions to Geotechnical Report. Further recommendations shall be provided by the
geotechnical engineer should there be additions or exceptions to the original
recommendations based on the plans, site conditions, or other supporting data. If the
geotechnical engineer who revises the plans and specifications is not the same engineer
who prepared the geotechnical report, the new engineer shall, in a letter to the department,
express his or her agreement or disagreement with the recommendations in the
geotechnical report and state whether the plans and specifications conform to his or her
recommendations.
(vi) Plan and Specification Review. The geotechnical engineer shall submit a statement
that, in his or her judgment, the plans and specifications (if prepared by others) conform
to the recommendations in the geotechnical report and that all portions of the site which
are disturbed or impacted by the proposed development have appropriate measures or
specifications that permit construction to occur while addressing slope stability so that the
work does not create additional risk. The statement shall also indicate whether or not a
relative gain in slope stability will be achieved after construction is complete.
(vii) Construction Inspection. A final inspection report shall be provided by the geotechnical
engineer stating that construction has or has not implemented the design
recommendations of the geotechnical report and evaluating any deviation from the design
recommendations.
(d) Geotechnical Design Investigation Report — Site Evaluation Checklist. The following are
report guidelines for geotechnical design investigation reports:
(i) Project information
(A) Site owner name;
(B) Project proponent name;
(C) Ordinary high-water mark (OHWM) where applicable; and,
(D) Critical areas designations affecting site features.
(ii) Project description, including:
(A) Description of proposed structures, site improvements, and adverse impact
avoidance and reduction methods; and,
(B) Location and total area of the construction zone.
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The checklist information shall be included as part of the geotechnical design investigation
report. All items listed above must be addressed in the report. However, the above guidelines
are not intended to be all-inclusive. It is the responsibility of the geotechnical engineer to
address all factors which in their geotechnical design investigation report is relevant to the
project. For any items in the checklist that are not relevant to a project, information shall be
provided to demonstrate why the checklist items are not relevant to a project.
(8) Results of Department's Review. The department shall review the geological assessment and
either:
(a) Accept the geological assessment and approve the application; or,
(b) Reject the geological assessment and require revisions or additional information.
18.22.950 Habitat Management Reports.
(1) General. When required in Article VI, a site visit conducted by a wildlife biologist is required to
determine if a fish and wildlife habitat conservation area (FWHCA) or buffer is present. Based on
the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management
plan. Habitat reconnaissance letters and habitat management plans shall be prepared based on
requirements in Article VI (fish and wildlife habitat conservation areas), the general report
requirements of 18.22.905, and the criteria specified in subsections (3) and (4) below.
(3) Habitat Reconnaissance Letter. A habitat reconnaissance letter shall be prepared and
submitted only if all project components, including areas of temporary impact and the limits of
construction, are outside of all FWHCA buffers, as described in JCC 18.22.265(1)(a); provided,
no critical areas buffer reduction is proposed. A habitat reconnaissance letter shall address the
following:
(a) Identify the site location and describe the site conditions;
(b) Describe the proposed activity;
(c) Describe all FWHCAs and buffers on the property;
(d) Present the distance of all FWHCAs from the limits of clearing, as shown on a site plan.
The site plan used during the site visit shall be included in the habitat review letter; and,
(e) Photographs of the site and the FWHCAs.
(4) Habitat Management Plan. A habitat management plan shall be prepared and submitted if any
portion of the proposed activity, including areas of temporary impact and areas within the limits of
clearing, are within a FWHCA , as described in JCC 18.22.265(1)(b), or if a critical areas buffer
reduction is proposed. A habitat management plan shall address the following:
(a) Site location, including parcel number;
(b) Detailed description of all proposed project components relative to property boundaries,
other on-site development, and limits of clearing;
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(c) State whether or not in -water work is proposed, and if so, describe timing and methods of
construction;
(d) Date site visits were made and date report was completed;
(e) Summarize the information reviewed (such as maps and reports) to determine the potential
for FWHCAs or their critical areas buffers to occur on the project site. Based on this review,
identify all FWHCAs and critical areas buffers that may be present on or in the vicinity of the
project site;
(f) Describe the existing conditions on the property;
(g) Detailed description of the field investigation results, including habitat types present on the
property, habitat conditions with FWHCAs, location of native vegetation on the property, and
location of non-native or invasive vegetation on the property. The habitat management report
should indicate if the critical areas extend offsite;
(h) If the project area is identified as potential habitat for threatened or endangered species,
provide dates and times of site visit(s), methods used to determine presence or absence of
listed species, methods used to determine if appropriate habitat occurs onsite or in the vicinity
of the site, and results of the field investigation.
(i) In addition to complying with the clearing, grading, excavation, and stormwater
requirements in JCC 18.30.060 and 18.30.070, and the current Stormwater Management
Manual for Western Washington, describe any potential effects of the proposed activity on
stormwater quantity, quality, and runoff patterns post -construction. The report must clearly
indicate if the proposal will affect or alter water movement to the FWHCA and buffer if the
proposal is implemented and identify measures to avoid or minimize alteration of stormwater
runoff patterns post -construction.
(j) Identify all potential impacts of the proposed activity on FWHCAs. The habitat management
report shall include:
(i) Mitigation Sequencing. Describe measures to avoid impacts to FWHCAs. For any
unavoidable impacts, describe all project components that cannot avoid impacting the
FWHCA, and why the impacts cannot be avoided. Identify measures taken to minimize
impacts.
(ii) Types of Impacts. All potential impacts to FWHCAs shall be identified and described in
the habitat management report. Habitat management reports shall consider direct
impacts, indirect impacts, permanent impacts, temporary (long-term and short-term)
impacts, and cumulative impacts.
(iii) Impact Area. The area (square footage) of potential impact shall be quantified for each
FWHCA. At a minimum, impact area shall include FWHCA that occurs within the limits of
clearing, as shown on the site plan.
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(iv) Functional Impact. The habitat management report shall describe how FWHCA
functions will be affected by the proposed development or use. The habitat management
report shall consider how the proposed activity will affect natural processes.
(k) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall
include:
(i) Description of the mitigation area and suitability of the area to compensate for impact
area and functions.
(ii) Detailed description of the mitigation proposal.
(iii) Goals and objectives of the mitigation, including a detailed description of how the
proposal will compensate for impacts.
(iv) A table identifying impact areas (in square feet) and functions affected for each
FWHCA and buffer that also identifies mitigation areas (in square feet) and functions. The
table shall clearly show a link between potential impacts (area and function) and proposed
mitigation (area and function).
(v) Mitigation plans shall include performance standards that are applicable to the goals
and objectives of the mitigation effort. Monitoring shall be required annually for five years
and quantifiable performance standards shall be specified in the plan for each of the five
years of monitoring.
(vi) A planting plan that lists the species to be planted, including quantity and planting
density of each species to be installed.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall
be described.
(viii) Contingency measures shall be described. If any performance standard is not met,
the administrator shall require contingency measures be implemented and may extend
the monitoring period beyond five years to ensure FWHCAs are adequately mitigated and
protected.
(ix) Figure showing existing conditions, including the property boundaries, the location of
the proposed activity and limits of clearing, existing structures and other physical features
on the property, the location of all on-site FWHCAs, and all on-site FWHCA buffers. This
figure shall be to scale using an easily readable (engineering) scale.
(x) Figure showing impact areas on the property. Figure must be to scale based on an
engineering scale and shall show all FWHCAs potentially affected by the proposal relative
to the limits of clearing, property boundaries, and existing site features. Type of impact
and area of impact in square feet, as described in subsection (4)(i)(ii) and (iii) above shall
be included on the figure.
(xi) Figure showing mitigation areas on the property. Figure must be to scale based on an
engineering scale and shall show all mitigation areas proposed on the property. Square
footage of each mitigation area shall be shown on the figure. If buffer averaging is
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proposed, the area of increase shall be shown relative to the area of decrease on the
figure.
(xii) Photographs of the site and the FWHCAs.
(5) Habitat management plans shall address any unavoidable development activity within a
FWHCA or the inner 75 percent of a standard buffer and accompany either a financially bonded
critical area stewardship plan or critical areas variance application or reasonable economic use
exception in JCC 18.22.260.
(6) In -lieu Fee Program. A mitigation plan shall not be required if an actively managed ILF
program, is used to mitigate project impacts.
18.22.955 Process and requirements for designating habitats of local importance as
critical areas.
(1) Purpose. This section describes the process for designating species and habitats of local
importance that are not covered by the federal and state sensitive, threatened, or endangered
species regulations. Accordingly, this section details the requirements for designating and
monitoring species and habitats of local importance, as well as removing such species and
habitats from designation if necessary.
(2) Definition. The use of the term "habitat" in this section means a place or type of site where a
plant or animal naturally or normally lives and grows, and includes areas used by a species during
any life stage at any time of the year."
(3) Procedure for Designation — Generally. An application/nomination to designate a habitat of
local importance as a critical area shall be processed according to the procedures for Type V land
use decisions established in Chapter 18.40 JCC.
(4) Nominations/Applications. Any person, organization, or Jefferson County agency may
nominate and apply for designation a species or habitat of local importance. A nominating person
or organization must be a resident of, or headquartered in, Jefferson County.
(5) Nomination/Application Submittal.
(a) The applicant shall provide information demonstrating that the species or habitat is native
to Jefferson County, existing on or before the date of adoption of the regulations codified in
this chapter.
(b) All nominations/applications for designation of a species/habitat of local significance shall
include the following:
(i) Identification of the species including its scientific and locally common name(s);
(ii) Identification of the geographic location, including Jefferson County parcel numbers,
and extent of the habitat associated with a nominated species or the nominated habitat
itself if not associated with a nominated species; a map of an appropriate scale to properly
describe the location and extent of the habitat will accompany the nomination, as well as
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geo-referencing information sufficient to allow mapping of the habitat site in the county
GIS mapping system;
(iii) The status of the species or the occurrence of the type of habitat in surrounding
counties and in the rest of the state has been considered in making this nomination;
(iv) A management strategy for the species or habitat;
(v) Indications as to whether the proposed management strategy has been peer reviewed,
and if so, how this was done and by whom;
(vi) Where restoration of habitat is proposed, a specific plan, including how the restoration
will be funded, must be provided as part of the nomination;
(vii) Recommendations for allowed, exempt, and regulated activities within the area;
(viii) Recommended buffer and setback requirements and their justification;
(ix) Seasonal requirements;
(x) A monitoring plan must be practical and achievable and include the following:
(A) Baseline data and a description of what measurements will be used to determine
the success of the project. The plan shall include the criteria and time period required
to evaluate the success of the plan;
(B) A contingency plan for failure; and,
(C) A list of all parcels not included in the nomination but affected by the monitoring
process.
(xi) The nomination must also include an economic impact, cost, and benefits analysis.
The nomination must also include an analysis of alternative solutions to formal designation
of the habitat of local importance as a regulated critical area under this chapter.
(c) The applicant shall be responsible for paying all fees and all expenses incurred by
Jefferson County to process the application.
(6) Review and Approval Criteria.
(a) Species nominated for designation under this section must satisfy the following criteria:
(i) Local populations that are in danger of extirpation based on documented trends since
the adoption of the Growth Management Act;
(ii) The species is sensitive to habitat manipulation;
(iii) The species or habitat has commercial, game, or other special value such as locally
rare species;
(iv) The nomination includes an analysis of the proposal using best available science; and,
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(v) The nomination specifies why protection by other county, state or federal policies, laws,
regulations or nonregulatory tools is inadequate to prevent degradation of the species or
habitat and for which management strategies are practicable, and describes why, without
designation and protection, there is a likelihood that the species will not maintain and
reproduce over the long term, or that a unique habitat will be lost.
(b) Habitats nominated for designation under this section must satisfy the following criteria:
(i) Where a habitat is nominated to protect a species, the use of the habitat by that species
must be documented or be highly likely or the habitat is proposed to be restored with the
consent of the affected property owner so that it will be suitable for use by the species;
and, long-term persistence of the species in Jefferson County and adjoining counties is
dependent on the protection, maintenance or restoration of the habitat;
(ii) Areas nominated to protect a particular habitat must represent either high quality native
habitat or habitat that has an excellent potential to recover to a high-quality condition and
which is either of limited availability or highly vulnerable to alteration; and,
(iii) The nomination specifies the specific habitat features to be protected (e.g., nest sites,
breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nomination
shall specify those features that are required for the corridor to remain viable to support
and protect the nominated species.
(7) Review and Approval Process.
(a) The department of community development shall determine whether the application
submittal is complete. If deemed complete, the department shall evaluate the proposal for
compliance with the approval criteria in this section and make a recommendation to the
planning commission based on those criteria. The department shall also notify all parcel
owners affected of the terms and contents of the proposal.
(b) Upon receipt of a staff report and recommendation from the department, the planning
commission shall hold a public hearing, and make a recommendation to the board of
commissioners based upon the approval criteria in this section.
(c) The Jefferson County board of commissioners shall consider the recommendation
transmitted by the planning commission at a regularly scheduled public meeting, and may
then adopt an ordinance formally approving the designation. Should the board wish to vary
from the planning commission recommendation and alter or reject the application, such action
may only occur following a separate public hearing conducted by the board.
(d) Upon approval, the ordinance designating and regulating the species or habitat of local
importance shall be codified in this article for public information and implementation by the
department, and a notice to title shall be placed upon all parcels affected by the designation.
(e) Each ordinance creating a species or habitat of local importance shall include periodic
review or reassessment of the initial designation. The length of the periodic review may be
dependent on the characteristics of the species or habitat.
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(8) Removal from Designation. Species or habitats of local significance may be removed at any
time; provided, they no longer meet the criteria in subsection (5) of this section (e.g., as a result
of a natural catastrophe or climatic change event); and provided further, that the procedural
requirements of this section and the procedural requirements established for Type V land use
decisions within Chapter 18.40 JCC are met.
18.22.950 Wetland reports.
(1) General. When required by Article VII, a site visit conducted by a qualified wetland professional
is required to determine if a wetland is present. Based on the site visit, a wetland reconnaissance
letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and
wetland delineation reports shall be prepared based on requirements Article VII (wetlands), the
general report requirements of JCC 18.22.905, and the criteria specified in subsections (3) and
(4) below.
If a proposed activity is unavoidable and occurs within a wetland or the inner 75 percent of a
wetland buffer the wetland reports shall accompany either a financially bonded critical area
stewardship plan or critical area variance application in JCC 18.22.250 or reasonable economic
use exception in JCC 18.22.260.
(3) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and
submitted only if all the project components are at least 300 feet from areas of temporary impact
and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance
letter shall address the following:
(a) Identify the site location and describe the site conditions;
(b) Describe the proposed activity;
(c) Describe all wetlands and buffers on the property;
(d) Present the distance of all wetlands from the limits of clearing, as shown on the site plan;
The site plan used during the site visit shall be included in the wetland reconnaissance letter;
(e) Provide a wetland delineation field data form for all potential wetland areas assessed;
(f) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance
letter; and,
(g) Photographs of the site and the wetlands.
(4) Wetland Delineation Report. A wetland delineation report shall be prepared and submitted if
any portion of the proposed activity is within 300 feet of areas of temporary impact and areas
within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall
address the following:
(a) Site location, including parcel number.
(b) Detailed description of all proposed project components relative to property boundaries,
other on-site development, and the limits of clearing.
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(c) Date site visits were made and date report was completed.
(d) Summary of information reviewed (such as maps and reports) to determine the potential
for wetlands to be present. Based on this review, describe wetlands that may occur within 300
feet of the proposed activity.
(e) Describe existing conditions on the property.
(f) Detailed description of the field evaluation results, including methods used to determine if
wetlands occur onsite or within 300 feet of the proposed activity, location and types of
wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-
site wetlands, and wetland ratings and buffer widths. Indicate locations of wetland boundary
flagging and plot flagging, including flag color, type, and number.
(g) In addition to complying with the clearing, grading, excavation, and stormwater
requirements in JCC 18.30.060 and 18.30.070, and the 2014 Stormwater Management
Manual for Western Washington (or as amended), describe any potential effects of the
proposed activity on stormwater quantity, quality, and runoff patterns post -construction. The
report must clearly indicate if the proposal will affect or alter water movement to the wetland
if the proposal is implemented and identify measures to avoid or minimize alteration of
stormwater runoff patterns post -construction.
(h) Describe how the proposal complies with all the requirements of Article VI (Wetlands).
(i) Wetland rating form for each wetland identified shall be included in the wetland report.
(j) Figure showing mitigation areas on the property. Figure must be to scale based on an
engineering scale and shall show all mitigation areas proposed on the property. Square
footage of each mitigation area shall be shown on the figure. If buffer averaging is proposed,
the area of increase shall be shown relative to the area of decrease on the figure.
(k) Photographs of the site and the wetlands and/or buffer.
(5) If any portion of the proposed activity is unavoidable and within a wetland or the inner 75
percent of a standard buffer, prepared wetland reports shall accompany either a financially
bonded critical area stewardship plan or critical area variance application in in JCC 18.22.250 or
reasonable economic use exception in JCC 18.22.260. A mitigation plan shall not be required if
an actively managed ILF program, is used to mitigate project impacts.
18.22.965 Critical area stewardship plans.
(1) Property Owner Election. Property owners may elect to develop site-specific critical area
stewardship plans (CASPs) as an alternative to the prescriptive requirements of Article VI (Fish
and Wildlife Habitat Conservation Areas (FWHCAs)) and Article VII (Wetlands) of this chapter.
(2) The administrator may approve CASPs for critical area buffer reductions greater than 25
percent; provided, the project does not require a reasonable economic use variance.
(3) Review and Approval of CASPs. The administrator shall be responsible for reviewing and
approving submitted CASPs. The administrator may, at the administrator's discretion, seek
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
EXHIBIT A
DRAFT WORK PRODUCT
SUBJECT TO REVIEW Page 108/109
technical assistance from the Jefferson County conservation district, Washington Department of
Fish and Wildlife or the Washington Department of Ecology when reviewing CASPs.
(4) Applicability and Limitations. The following provisions define the applicability and limitations
of the CASP:
(a) CASPs may be used in any zoning designation if the provisions of this article can be met.
CASPs may not be used in the urban growth area if a buffer reduction implemented while
using transitional zoning (i.e., rural zoning designation prior to connection with a sewer
system) has the potential to preclude future density requirements. The overall goal of the
CASP is to maintain existing functions and values of the watershed and subbasin, while
addressing the needs and desires of the property owner.
(b) CASPs can be applied to properties one-quarter acre or larger.
(c) CASPs are only applicable to fish and wildlife habitat conservation areas and associated
buffers (Article VI) or wetlands and associated buffers (Article VII).
(d) CASPs must provide equal or greater protection of critical area functions and values than
the prescriptive standards of buffers and setbacks.
(e) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC
(5) Implementation.
(a) A CASP permit is valid for the same timeframe as the underlying permit (e.g., building
permit, septic permit, shoreline permit). If the underlying permit does not have a specified
expiration date or if the CASP application is a standalone application, the CASP permit shall
be valid for three years from the date the CASP permit is issued. A CASP permit shall not be
considered valid beyond five years from the date the CASP permit is issued. If the underlying
permit remains valid beyond five years, the CASP permit shall be considered null and void.
Once the permit has expired, it shall not be renewed.
(b) The applicant shall record a notice title for any approved mitigation at the Auditor's Office
and shall post a mitigation performance bond with DCD. The administrator shall provide the
necessary paperwork to the applicants. Assuming the administrator does not need to
designate staff (or contract with other qualified professionals) to ensure that maintenance and
monitoring are completed as required by this section, the performance bond is to be refunded
to the applicant at the end of the specified monitoring period or when all performance
standards are met, whichever is greater. The CASP permit is a conditional approval and no
other permits (such as building, shoreline, septic) shall be approved until the applicant has
recorded the notice to title and posted the performance bond.
(6) As -built plan requirement. An as -built plan shall be prepared by a wetland specialist describing
the action taken to implement the CASP. This as -built plan shall include:
(a) A contour map describing final contours if grading is required;
(b) A quantitative description of the vegetation planted;
Jefferson County Code
Chapter 18.22 CRITICAL AREAS
EXHIBIT A
DRAFT WORK PRODUCT
SUBJECT TO REVIEW Page 109/109
(c) Establishment of two or more permanent photo documentation stations with established
bearings and monuments to ensure that subsequent photographs depict the same landscape for
comparative purposes;
(d) Additional photographic documentation that shows the condition of mitigation area(s) once
CASP mitigation has been implemented;
(e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as
presented in the approved CASP report and to the CASP permit conditions; and,
(f) Building final certificate of occupancy and/or septic final shall not be issued until the applicant
has submitted an as -built showing compliance with this article, the approved CASP report, and
all CASP permit conditions.
(7) Contingency Plan Requirement. A contingency plan is required describing how the CASP
might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify
the goals because of events outside the landowner's control (e.g., damage associated with a
wildlife). For instance, if one of the planted species of vegetation proves ill adapted to the
environment and fails to survive or thrive to the extent needed to provide the intended function
then alternative species should be identified. In general, plans should initially plant at greater than
120 percent of the specified final density of shrubs and trees. The contingency plan should call
for either supplemental planting when the density falls below the prescribed final density or it could
call for the planting of alternate specie(s).
(8) Failure to submit required reports. Failure to submit a report required under this article shall
constitute a failure to comply with the terms of the permit.
(9) Performance Bond. The administrator shall authorize the use of the performance bond to
ensure maintenance and monitoring are completed to comply with permit conditions. In the event
the performance bond amount is insufficient to ensure compliance with the permit (or if activities
on the site have negatively affected the mitigation area(s), the failure to comply with CASP permit
conditions shall be processed by the administrator pursuant to Chapter 18.50 JCC (Enforcement).
(10) Waiver.
The administrator may waive portions of a critical area stewardship plan (CASP) if, in the
administrator's opinion, critical area functions and values will not be adversely affected by a
proposed activity.
(11) Recording of Approved CASP Required. An approved CASP must be recorded on the
property deed (recorded with the Jefferson County auditor) and must remain in effect unless
replaced by a new or updated CASP approved by the county.
EXHIBIT B
JEFFERSON COUNTY
STATE OF WASHINGTON
AN ORDINANCE REPEALING AND }
REPLACING CHAPTER 18.22 OF THE } ORDINANCE NO.
JEFFERSON COUNTY CODE, KNOWN }
AS THE CRITICAL AREAS }
ORDINANCE }
WHEREAS, Jefferson County is required under the Growth Management Act ("GMA")
codified as Chapter 36.70A RCW and under the Chapter 18.45 of the Jefferson County
Code ("JCC") to conduct a periodic review and update of its Comprehensive Plan and
Development Regulations to ensure consistency with updated state laws and regulations,
population and employment projections, and county policy decisions, and adopts the
following procedural and legislative findings:,
1_WHEREAS, RCW 36.70A.170 and RCW 36.70A.172 requires Jefferson County
to designate critical areas, including the best available science in developing
policies and development regulations to protect the functions and values of critical
areas; and,
2_WHEREAS, RCW 36.70A.130 requires Jefferson County to continually review,
evaluate, and periodically update its development regulations, including critical
areas regulations;
3_WHEREAS, on December 10, 2018, the Jefferson County Board of County
Commissioners ("BoCC") completed its periodic review and update of the
Comprehensive Plan and its development regulations, deferring completion of the
periodic review and update of the Critical Areas Ordinance ("CAO"), and declaring
additional goals and policies that emphasized economic development, affordable
housing and residential development while protecting the environmental quality of
the county's unincorporated areas; and,
4_WHEREAS, on March 25, 2019, the BoCC and Board of Health passed a joint
resolution establishing a program of regulatory reform directing County
departments to accomplish reform goals, such as streamlining and simplifying the
Jefferson County Code, including updates to the CAO, while ensuring early and
continuous public participation and engagement and ensuring protection of the
county's environment and public health; and,
5_WHEREAS, on July 8, 2019, the BoCC passed a resolution establishing a Critical
Areas Regulatory Reform Task Force ("Task Force") and appointing its members
representing broad and diverse public, private and local civic skill sets that relate
to the CAO update effort so that the Task Force contribute to continuous public
participation and citizen involvement and holistically analyze and recommend to
2020 Critical Areas Ordinance Periodic Review and Update
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the Planning Commission and Department of Community Development regulations
that protect the environment and create efficient development practices and
permitting paths; and,
6_WHEREAS, the Task Force met from August 8, 2019 until November 14, 2019,
providing their advice and recommendations to the Planning Commission on
December 4, 2019.
7_WHEREAS, on December 2, 2019, the BoCC referred the CAO to the Planning
Commission, including the recommendations of the Task Force which were
presented to the Planning Commission during their regular meeting December 4,
2019; and,
8_WHEREAS, the CAO is supported by a record of best available science; and,
9_WHEREAS, the Planning Commission has reviewed the draft CAO and Task
Force recommendations and after timely notice held a public hearing on January
22 2020 ; and,
10. WHEREAS, after receipt of written and oral comments, the Planning Commission
deliberated on the draft CAO making changes to the County staff recommended
CAO and on Februa , 3, 2020 , the Planning Commission voted
unanimously to recommend the draft CAO for BoCC consideration; and,
11. WHEREAS, on February 3, 2020 , the BoCC deliberated on the Planning
Commission's recommendation and after applying the required growth factors, the
BoCC decided to modify the Planning Commission recommendations;
12. WHEREAS, the BoCC, after timely notice, held a public hearing on
receiving written and oral comments; and,
13. WHEREAS, the BoCC deliberated over the draft CAO, providing substantive
feedback, which resulted in changes to the CAO which are consistent with the State
Environmental Policy Act ("SEPA") review and best available science record; and,
14. WHEREAS, the periodic review and update of the CAO were included in a SEPA
review through a staff issued Addendum to the 1998 Draft and Final Jefferson
County Comprehensive Plan Environmental Impact Statements ("EIS") and
subsequent Supplemental EISs and Addenda addressing potential revisions to the
proposed Comprehensive Plan and Unified Development Code updates; and
15. WHEREAS, the BoCC finds that the periodic review and update of the CAO serve
to benefit the health, welfare, safety, and lifestyle of the residents of Jefferson
County; and
2020 Critical Areas Ordinance Periodic Review and Update
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16. WHEREAS, the BoCC finds that the periodic review and update of the CAO is
consistent with county -wide planning policies and consistent with the
comprehensive plans of other counties and cities with which Jefferson County has
common border or regional issues; and
17. WHEREAS, the BoCC finds that the periodic review and update of the CAO
satisfies GMA requirements and JCC requirement for a periodic review and update;
and
18. WHEREAS, the BoCC must evaluate the CAO periodic review and update using
the criteria set forth in JCC 18.45.080(2)(c); and
19. WHEREAS, the BoCC makes the following additional findings, based on the full
and complete record, pursuant to the JCC 18.45.080(2)(c):
(i) Have circumstances related to the proposed amendment and/or the area in which it is
located substantially changed since the adoption of the Jefferson County Comprehensive
Plan?
The circumstances related to the proposal and/or area have no substantially changes since the
adoption of the Jefferson County CoMprehensive Plan. The Comprehensive Plan's Periodic
Review and Update was completed in December 2018, however, the CAO periodic review and
update was postponed. This proposal brings the CAO development regulations in alignment
with the 2018 Comprehensive Plan.
(ii) Are the assumptions upon which the [2004] Jefferson County Comprehensive Plan is
based no longer valid; or is new information available, which was not considered during
the adoption process or any annual amendments to the Jefferson County Comprehensive
Plan?
New information is available which was not considered during the most recent periodic review
and update of the Comprehensive Plan. Specifically, additional best available science and
public engagement have resulted in new information which informs this proposal.
(iii) Does the proposed amendment reflect current, widely held values of the residents of
Jefferson County?
The nronosal reflects currently widelv held values. The nronosed CAO meets the
Comprehensive Plan, representing resident input in the Comprehensive Plan
Periodic Review and Update completed in 2018. See for example the following
Framework Goal: Framework Goal VI Environmental Conservation: Foster
environmental stewardship, preserve clean air and water, and protect fish and
wildlife habitat. Anticipate and respond to climate change with mitigation and
adaptation strategies. Further, a robust public participation process included a
diverse group of appointed stakeholders, including the Critical Areas Ordinance
Regulatory Reform Task Force, which met and delivered recommendations on
the CAO to the Planning Commission, the Planning_ Commission finds that the
proposal reflects currently widely held values.
(iv) Is growth and development as envisioned in the {2884}2018 Comprehensive Plan
occurring faster or slower than anticipated, or is it failing to materialize?
2020 Critical Areas Ordinance Periodic Review and Update
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There is not sufficient information since the December 2018 adoption of the Jefferson County
Comprehensive Plan to assess whether growth or development as envisioned is occurring faster of
slower than anticipated
(v) Has the capacity of the county to provide adequate services diminished or increased?
The capacity of the Cog= to provide adequate services has not diminished or increased
relating to this proposal.
(vi) Is there sufficient urban land, as designated and zoned to meet projected demand and
need?
There is sufficient urban land as designated and zoned to meet projected demand and
need.
(vii) Are any of these assumptions under which the plan is based no longer found to be
valid?
All assumptions in the Comprehensive Plan are still valid.
(viii) Are there changes in the county -wide attitudes? Do they necessitate amendments to
the goals of the Comprehensive Plan and the basic values embodied within the
Comprehensive Plan Vision Statement?
The county -wide attitudes remain strongly aligned with those embodied on the Comprehensive
Plan Vision Statement. The proposal does not necessitate amendments to the goals or basic values
embodied within the Comprehensive Plan Vision State and the proposal brings the development
regulations into better conformance with the Comprehensive Plan.
(ix) Are there changes in circumstances which dictate a need for amendment to the
Comprehensive Plan?
The circumstances related to the proposal and/or area have no substantially
changes since the adoption of the Jefferson County Comprehensive Plan. The
Comprehensive Plan's Periodic Review and Update was completed in December
2018, however, the CAO periodic review and update was postponed. This
proposal brings the CAO development regulations in alignment with the 2018
Comprehensive Plan.
(x) Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and countywide planning policies for Jefferson County?
There are no inconsistencies between the Comprehensive Plan. GMA. and Coun , -wide
Planning Policies for Jefferson County.
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NOW THEREFORE, BE IT HEREBY ORDAINED, by the Jefferson County Board
of Commissioners as follows:
Section 1. Findings. The BoCC hereby adopts the recitals (the WHEREAS statements) as
its findings of fact in support of this Ordinance.
Section 2. Chapter 18.22 JCC Repealed. Chapter 18.22 JCC and Ordinance No. 03-0317-
08 creating 18.22 JCC, a Critical Areas Ordinance is hereby repealed. The repealing of
the Chapter 18.22 JCC and the ordinances adopting and amending the Critical Areas
Ordinance does not repeal or affect any vested rights established by the ordinance.
Section 3. 2018 Comprehensive Plan Adopted. The Critical Areas Ordinance, as set forth
in Exhibit A and MLA 14-00086/ZON16-00027, is incorporated by reference and adopted
as the Jefferson County Critical Areas Ordinance, Chapter 18.22 JCC. The Critical Areas
Ordinance shall be transmitted to the Washington State Department of Commerce.
Section 4. Best Available Science. All references listed in Exhibit B are considered the
review of scientific literature that was submitted, considered, and evaluated by citizens,
agencies, tribes, the Planning Commission, Department of Community Development, and
the Board of County Commissioners. This literature is referred to as the best available
science ("BAS"). BAS was included in the citizen, Planning Commission, and Board of
County Commissioner review.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or section of
this Ordinance or its application to any person or circumstance is held invalid, the
remainder of this Ordinance or its application to other persons or circumstances shall be
fully valid and shall not be affected.
Section 6. Effective Date. The Ordinance becomes effective upon adoption by the BoCC.
Approved and adopted this day of 2020 at
SEAL:
ATTEST
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Greg BrothertonTjDean, Chair
David Sullivan, Member
Kate DeanGfeg Bfethe , Member
APPROVED AS TO FORM:
2020 Critical Areas Ordinance Periodic Review and Update
Page 5 of 6
Carolyn Gallaway
Deputy Clerk of the Board
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
2020 Critical Areas Ordinance Periodic Review and Update
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APPENDIX B—STAFF REPORT PRESENTING COMMENTS
Staff Report Presenting Comments is Attached.
APPENDIX B
Jefferson County
Critical Areas Ordinance Update
Staff Report to the Board of
County Commissioners with
Comments on the Planning
Commission’s Recommendations
February2020
February 28, 2020 Jefferson County| Critical Areas Ordinance Update Staff Report for the Board of County
Commissioners
Table of Contents
Introduction and Background................................................................................................................1
Requirements and Options....................................................................................................................1
Best Available Science (BAS) ................................................................................................................................... 1
Alternative Protection................................................................................................................................................2
Regulatory Reform ..................................................................................................................................................... 3
Planning Commission Public Process....................................................................................................3
Public Hearing ............................................................................................................................................................ 4
Agency Comments During and After the Planning Commmision Process......................................................... 6
Planning Commission, Deliberations and Recommendations ............................................................................ 10
Evaluation ........................................................................................................................................... 13
Comments Received Up Until Friday, February 28, 2020 ................................................................... 17
Staff’s Comments on the Planning Commission’s Proposed CAO ...................................................... 18
Recommendation ................................................................................................................................ 18
Appendices.......................................................................................................................................... 18
February 28, 2020 Jefferson County| Critical Areas Ordinance Update Staff Report for the Board of County
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Introduction and Background
This staff report discusses the draft Critical Areas Ordinance (CAO) recommended by the Planning
Commission to the Board of County Commissioners on February 3, 2020.This staff report discusses the
Planning Commission’s public process, the comments received by the public, private non-profit organizations,
tribesand state agencies.
Critical areas are environmentally sensitive areas in the landscape that are important for maintaining
healthy, natural conditions,andinclude critical aquifer recharge areas, frequently flooded areas,
geologically hazardous areas, fish and wildlife habitat conservation areas, and wetlands. The Growth
Management Act (GMA) requires Jefferson County to adopt and maintain critical areas regulations.
Approximately every eight years the County must review and revise as appropriate its critical areas
regulations.
Critical Area Ordinance (CAO) regulations are to provide for no-net-loss of critical area functions and
1
values, whilebalancing GMA goalsand allowing alternative means of protecting critical areas.Counties
and cities are to consider best available science (BAS) but can ensure regulations are tailored to the local
jurisdiction’s conditions and needs.
Jefferson County is amending its CAO including definitions, classifications, criteria, submittal requirements,
and performance standards consistent with statelaw, agency guidance, BAS, and the results of community
engagement including a Regulatory Reform Task Force. This update is meant to achieve no net loss of
critical area functions and values while ensuring fair and predictable permit procedures.
This Staff Report describes the CAO Update with the following sections:
Introduction and Background
Requirements and Options
Proposal
Evaluation
Appendices
Requirements and Options
BEST AVAILABLE SCIENCE (BAS)
Counties and cities must include BAS when developing policies and development regulations to protect the
functions and values of critical areas and must give “special consideration” to conservation or protection
2
measures necessary to preserve or enhance anadromous fisheries. WAC 365-195-900. Sources of BAS
include state agency scientific information, model ordinances,and published scientific literature. Local
1
See: https://app.leg.wa.gov/rcw/default.aspx?cite=36.70a.020 and https://app.leg.wa.gov/wac/default.aspx?cite=365-
196-830(8).
2
Best available science has characteristics of a valid scientific process including peer review, stated and clear methods, logical
conclusions, quantitative analysis, and proper context, with detailed references.
February 28, 2020 Jefferson County| Critical Areas Ordinance Update Staff Report for the Board of County
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governments can compile scientific information through its own efforts, with or without the assistance of
qualified experts. Jurisdictions may depart from BAS based on information in its record by providing a
rationale and identifying potential risks to the functions and values of the critical areas at issue and any
additional measures chosen to limit such risks. Examples of nonscientific information includelegal, social,
cultural, economic, and political information used as a basis for critical area policies and regulations that
depart from recommendations derived from the best available science.
The County commissioned a Best Available Science Report by Environmental Science Associates, Inc. (ESA)
in 2015 addressing wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas.
Related reports include:
Final Jefferson County Critical Areas Ordinance Update: Best Available Science Report. Prepared by
ESA, December 15, 2015.
Final Jefferson County Critical Areas Ordinance Update: Watershed Characterization Report.
Prepared by ESA, March 2016.
Draft Jefferson County Critical Areas Ordinance Update: Recommendations Report. Prepared by ESA,
April 25, 2016, revised June 14, 2016.
Though the reports above were more recently commissioned, the County’s substantive record of BAS
prepared for its 2008 CAO Update is incorporated by reference into this periodic review and update. No
significant additional research was found from the 2008 BAS other than updates to wetland functional
rating system. Additionally, the County considered new and additional legislative requirements for
geologically hazardous areas and critical aquifer recharge areas.Jefferson County staff finds that the
December 2019 CAO Periodic Review and Update includes standards that fall within acceptable BAS
ranges.
ALTERNATIVE PROTECTION
State rules allow counties and cities to develop alternative means of achieving no net loss of functions and
values for all critical areas, through best management practices or combinations of regulatory and
nonregulatory programs for some activities.
WAC 365-196-830 (8) Local government may develop and implement alternative means
of protecting critical areas from some activities using best management practices or a
combination of regulatory and nonregulatory programs.
(a) When developing alternative means of protection, counties and cities must assure no net
loss of functions and values and must include the best available science.
(b) Local governments must review and, if needed, revise their development regulations to
assure the protection of critical areas where agricultural activities take place.
(c) Local governments shall not broadly exempt agricultural activities from their critical
areas regulations. ***
Jefferson County proposes a performance-based approach to protecting critical areas while allowing for
agricultural activities. The proposal includes performance standards that rely on producers implementing
conservation practices developed by the Natural Resources Conservation Service, with advice by farm
assistance agencies like the Jefferson Conservation District.
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REGULATORY REFORM
Jefferson County has initiated a regulatory reform initiative, which promotes environmental protection while
reducing cost and barriers to economic development and affordable housing consistent with state law. The
goals of the initiative include:
Protect Jefferson County’s environment;
Streamline and simplify the structure of County Code to make it understandable and efficient to comply
with and to administer;
Reduce the Code and permit review reliance on burdensome and costly professional studies;
Allow County departments greater flexibility to allow minor exceptions that retain environmental
protections and public safety;
Streamline permit review procedures; and,
Enhance transparency and accountability for timely reviews.
In addition to promoting housing and economic development and environmental protection, a desired
outcome of the CAO Periodic Review and Update and the Regulatory Reform Initiative is to make it more
attractive to comply voluntarily with health, safety and environmental protections, support the County’s new
Code compliance effort, and, reduce the incidence of non-compliant development and activities that can
negatively impact surrounding properties.
The County formed the CAO Regulatory Reform Task Force, which met from August 8 to November 14,
3
2019.The Task Force includedcitizens, agricultural producers, and agencies.
The Task Force made recommendations to the Jefferson County Planning Commission on the following topics:
Regulatoryreform opportunities and compliant example counties;
Agriculture and performance-based approach;
Wetlands and stream buffers, allowed activities, and variance process; and,
Administrative provisions for Exemptions, Variances and Reasonable Use Exceptions.
The Task Force did not have the time to address geologic hazards, critical aquifer recharge areas, flood
hazard regulations, or report requirements. The Task Force Report is attached in Appendix B.
Planning Commission Public Process
On December 2, 2019, the Board asked the Planning Commission to begin work immediately, in
coordination with County staff, on legislation to revise the CAO. On December 4, 2019, the Planning
Commission was given a briefing on the Task Force’s report. On December 18, 2019, the Planning
3
The CAO Regulatory Reform Task Force included the following individuals: Jean Ball, District 3 citizen; John Bellow, Spring
Rain Farms; Robin Fitch, District 2 citizen; Donna Frostholm, Jefferson County DCD; Al Cairns, Jefferson County Conservation
District; Kevin Coker, Jefferson County Planning Commission; Craig Durgan, business owner; Linda Herzog, Facilitator/Quilcene
Community; Steve Mader, Environmental Scientist/Consultant, and Teresa Michelson, district 1 citizen.
February 28, 2020 Jefferson County| Critical Areas Ordinance Update Staff Report for the Board of County
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Commission received a briefing on the staff report and on all updates to the CAO including the revised
section on agriculture.
On January 8, 2020, the Planning Commission held a briefing session on the draft CAO. A notice of hearing
was published for a hearing on January 22, 2020.
PUBLIC HEARING
On January 22, 2020, the Planning Commission held a public hearing, accepting verbal and written
testimony on the draft CAO. The Planning Commission accepted written comments from January 8, 2020
until January 24, 2020. Approximately eleven written public comments were received and six individuals
verbally testified at the public hearing.
Comment Name Affiliation Topics Summarized Comment
Number
Written Public Comments Received During Planning Commission Comment Period
Add beaver dam and noxious weed removal to
1 Al Latham JCCD Exemptions
exemptions
Include drainage with irrigation exemption
Ag Code at
Clarify Ag CAO applicability to only new or expanding
JCC 18.20
ag
CAO-Ag
Article
Supports TF recommendations
2 Owen Private Ag-CAO
Performance based approach must have consistent and
effective monitoring and enforcement
Fairbanks citizen Article
Current capabilities and competencies of JCCD will help
3 Al Cairns JCCD Ag-CAO
new ag section be properly implemented
Can partner with DCD on ag section
Article
4 Donna Bunten Dept of Wetlands Specific changes to standards suggested for wetlands and
Ecology wetland buffers in wetlands section and in ag section
Ag-CAO
Article
Assumes new ag is only marijuana
5 Patricia Private Ag
BMP definition needs insertion of “in order” between
“practices” and “to prevent”
Earnest citizen definitions
Geohazard buffers increased from 30 feet to 50, 100,
6 David Private Geohazards
and 150 feet without supporting BAS
Requirement of geotechnical report not kept to more
Wayne citizen
limited circumstances
Johnson
Waiver is difficult to obtain
Geohazards article does not comply with Regulatory
Reform resolution
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Comment NameAffiliationTopicsSummarized Comment
Number
Typo on pg 22
7 Tim Futurewise Geohazards
References landslide run-out in W. WA
Trohimovich
Landslide buffers do not protect people or property
FWHCA
Expand regulated activities in FWHCA and wetlands
Increase building setbacks to create Home Ignition Zone
Wetlands
protections
Ag
Clarify “moderate intensity”land use
Prohibit new or expanded ag in FWHCA or wetland
buffers; conversions cause net loss
Prohibit new or expanded ag in FWHCA, wetlands and
8 Tim Futurewise Ag-CAO
buffers of both
Mitigation fails
Trohimovich Article
Article XIII violates GMA
9 Samantha Farmer General Lists typo errors
Jones
Add Riparian Management Guidance to BAS
10 Darrin WDFW BAS
CMZ protections need to be broader
Masters
Manage stormwater to achieve aquifer recharge and
CMZ
prevent flashiness to rivers and streams
Emphasize wildlife corridors connectedness and
Ag-CAO
connectivity
Ensure monitoring in Ag section
General
Appreciates dialogue with staff and wishes to continue and
provide more detail comments on later drafts
wetland buffers function variably not static
11 Steve Mader Environmental Wetlands
use existing tools to address impacts
consultant
no need to increase buffers
Ag-CAO
Verbal Testimony Heard at January 22, 2020 Planning Commission Public Hearing
Exemptions need to be clarified for ag
1vAl LathamJCCDExemptions
Recommend adding beaver removal to exemptions if
following strict state rules
Ag
Describes skills, knowledge and capacity of JCCD to help
with Ag-CAO section
CAO update
More communication and dialogue needed between DCD
process
and JCCD
Compliments TF work
2v Roger Short Farmer TF
Wants to see Ag-CAO checklist
What triggers a permit for ag
Ag
CREP is a disaster
Beaver put farmland out of production
If CAO causes harm, someone has to pay
Farmers provide local food
3v Samantha Farmer Ag
Need more dialogue with farmers
Jane
Appreciates work to date
Was a TF member; describes process as positive
4v Steve Mader Environmental TF
Best Available Science supports draft CAO
Scientist
Adopt CAO draft
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Comment NameAffiliationTopicsSummarized Comment
Number
BAS
18.22.820 (1)(b)(viii) through (x) not okay
5vJohn BellowFarmerTF
Needs refinement to not be misinterpreted or misapplied
Ag
Has been farming locally since 1945
6v Julie Boggs Farmer Ag
CAO has to make as few encumbrances as possible to
farmers, whether livestock or crops
Permits take too long and can impact planned activities
during growing season
Flooding has greatly increased; make sure CAO doesn’t
worsen problem; needs to be addressed.
Agency Comments Received After Planning Commission Deliberations
Offered specific language to correct buffer reductions
13 Donna Dept. Ecology Wetlands
table and standards
Supported revised definition on farmed wetland
Bunten, Rick
Mraz
Written Comments Received During Board of Commissioners Comment Period
Agricultural Best Management Practices do not ensure no net
14 Sam Phillips, Port Gamble SEPA
loss
Suggests County move beyond no net loss and require net
Environmental S’Klallam Determination
ecological gain
Scientist Tribe and Checklist
AGENCY COMMENTS DURING AND AFTER THE PLANNING COMMMISION
PROCESS
During the Planning Commission process, County staff made special note of the state agency comments from
the Dept. Ecology and the Dept of Fish and Wildlife given their oversight authority and lead technical
status for wetlands and fish and wildlife habitat conservation areas. These code revisions were discussed
and, in large part, accepted during Planning Commission deliberations, discussed below. A few additional
Dept. of Ecology comments were received after the close of public comments for the Planning Commission
process. Since it is not appropriate to fail to address agency comments, staff proposes additional changes,
also discussed below.
Dept. of Ecology Comments about Wetland Buffer Changes
The Dept. of Ecology complemented the County on the work that went into the update. It’s obvious that
much effort has been spent on crafting the current draft. In its January 21, 2020 comment letter, the Dept.
of Ecology stated:
In particular, Article XIII represents the desire to implement alternative means of protecting
critical areas while encouraging the conservation of productive agricultural lands. We also
understand that many of the changes to the existing CAO have been the result of a desire
to streamline regulations and make the County Code “understandable and efficient to
comply with and to administer.”
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However, the Dept. of Ecology was concerned that “some provisions in the current draft will pose a
significant risk of adverse impacts to the County’s wetland resources.”According to the department, the
wetland buffer table had been altered from the previous CAO, with significant reductions in buffers for
Category II wetlands. The Dept. of Ecology also said that the proposed buffers for high-habitat Category
III wetlands are not consistent with Ecology’s BAS-based guidance. Accordingly, the revisions in the table
below (shown in red) were proposed the January 21, 2020 comment letter:
According to the January 21, 2020 comment letter:
The narrower wetland buffers proposed in the current draft are not explained in the
County’s Best Available Science (BAS) Bibliography, and there is no rationale offered in the
draft CAO that justifies these narrower buffers. Allowing further decreases in these buffers
(see next section) will only increase the risk to wetland functions. We would like to see the
scientific or other rationale that supports these proposed higher-risk buffer widths.
Otherwise, we recommend revising the buffer table to reflect Ecology’s guidance.
The Dept. of Ecology also said that buffer reductions of fifty percent for residential development are not
consistent with the departments Best Available Science guidance.The January 21, 2020 comment letter
proposed implementing impact-reducing measures in the table below on adjacent land and requiring a
protected vegetated corridor between the wetland and a priority habitat or relatively undisturbed area.
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The Dept. of Ecology also made technical changes to strengthen the protections provided to wetlands.
Because of the weight placed on agency comments in any administrative or court review of a CAO, staff
proposes these revisions in the final CAO to address the department’s comments.
Dept. of Ecology Comments about the County’s Agriculture Section Changes
The Dept. of Ecology appreciated the performance-based approach to regulating agricultural activities in
critical areas. But the January 21, 2020 comments expressed a concern “that the draft CAO did not include
specific elements necessary to implement this approach.” The Dept. of Ecology said, “It is difficult to
evaluate whether conservation practices, referenced in the checklist, will effectively protect wetlands
without knowing what those practices are.” The Dept. of Ecology also suggested that monitoring being
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done by the County Conservation District and non-governmental organizations be added to the text “to
reflect that a program is not so much being developed, but expanded and further targeted.”
In addition to these general comments, the Dept. of Ecology had specific comments on language that needed
to be changed related to the agriculture section. Including changes to JCC 18.22.830(k) Standards,Table
18.22.830-1, JCC 18.22.840 Monitoring and Adaptive Management.
Again, because of the weight given to agency comments, staff proposes these revisions in the final CAO to
address these comments.
Dept. of Fish and Wildlife Comments
The Dept. of Fish and Wildlife presented its comments in a January 14, 2020 email, which were discussed
in a call that same day that Staff believes required changes to the CAO, including:
(1) Irrigation General Exemption. In response to Dept. of Fish and Wildlife comments, staff recommends
modification of the irrigation general exemption in JCC 18.22.230(4) (k), as underlined below:
(k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other
irrigation structures and facilities that do not require a state hydraulic permit and do not meet the
criteria for being designated a fish and wildlife habitat conservation area; provided, the maintenance
or repair complies with JCC 18.22.230(5).
(2) Critical Area Protection Standard for Stormwater. In response to Dept. of Fish and Wildlife comments,
staff recommends modification of the Critical Area protection standards in JCC 18.22.330(3)(a) for
stormwater disposal, as underlined below:
(a) Stormwater runoff shall be controlled and treated in accordance with best management
practices and facility design standards as identified and defined in the current Stormwater
Management Manual for Western Washington and the stormwater provisions contained in
Chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way
that facilitates aquifer recharge.
(3) Corridors for Wildlife. In response to Dept. of Fish and Wildlife comments, staff recommends
modification of the purpose statement in Article VI, the Fish and Wildlife Habitat Conservation Areas in
Section 18.22.600(2), as underlined below:
(2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and
streams and their associated riparian areas, corridors for state or federally listed species
and the ecosystem processes on which these areas depend.
(4) Utilities. In response to Dept. of Fish and Wildlife comments, staff recommends modification of the
regulated activities in Article VI, the Fish and Wildlife Habitat Conservation Areas in Section
18.22.620(2)(a) for utilities, as underlined below:
(a) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable
alternative location is available and the utility corridor does not cause or increase habitat
fragmentation for state or federally listed species and meets the requirements for
installation, replacement of vegetation and maintenance outlined below. Utilities are
encouraged to follow existing or permitted roads where possible.
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(5) Buffer Reductions and Averaging. In response to Dept. of Fish and Wildlife comments, staff recommends
modification of the buffer reductions and averaging in Article VI, the Fish and Wildlife Habitat Conservation
Areas in Section 18.22.640(1)(b), as underlined and stuck out below:
(b) The buffer shall not be reduced to less than 75 percent of the standard buffer, unless it
can be demonstrated through a special report prepared by a qualified professional that
there will be no net loss of FWHCA functions or values or 50 percent for single family
residential development.
(6) Off-Site Mitigation of Wetlands. In response to Dept. of Fish and Wildlife comments, staff recommends
modification of the off-site mitigation of wetlands in Article VII, the Wetlands in Section
18.22.660(3)(b)(iii)(B), as underlined below:
(B) Off-site mitigation occurs within the same ecosystem to the maximum extent practicable
and provides better protection of the FWHCA or a significant ecological and functional
improvement to the FWHCA; and,
(7)
Definitions for Intensity of Land Use. In response to Dept. of Fish and Wildlife comments, staff
recommends modification of the definitions of “low intensity land use” and “moderateintensity land use” in
Article VII, the Wetlands in Section 18.22.730(6)(e)(i), as underlined below:
“Low intensity land use” means land use that includes the following uses or activities: forestry (cutting
of trees only), low intensity open space (such as passive recreation and natural resources
preservation), utility corridor without a maintenance road and little or no vegetation management
and unpaved trails. Low intensity uses incorporate features in Table 18.22.730(1)(b) by the nature
of their use.
“Moderate intensity land use” means land use that includes the following uses or activities:
residential (one unit/gross acre or less), moderate-intensity open space (parks), moderate-intensity
new agriculture (such as orchards and hay fields), utility corridor or right-of-way shared by several
utilities and including access/maintenance roads and paved trails.
(8)
Compensatory Wetland Mitigation. In response to Dept. of Fish and Wildlife comments, staff
recommends modification of the enhancement language in the order of preferred wetland compensatory
mitigationin Article VII, the Wetlands in Section 18.22.740(3)(a)(iii), as underlined below:
(iii) Enhancement may be approved if restoration or creation are not ecologically viable
options or may be required in the same buffer area when a use or structure is permitted
and encroaches into the same buffer;
Because of the weight given to agency comments, staff proposes these revisions in the final CAO to
address these comments.
PLANNING COMMISSION, DELIBERATIONS AND RECOMMENDATIONS
A hearing was held noted above and on January 27, 28, and 29, 2020, the Planning Commission
deliberated on the proposal after taking into consideration the verbal and written testimony received
during the public comment period.
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On February 3, 2020, the Planning Commission submitted its recommendations on the CAO to the Board of
County Commissioners in the form of a report, a draft adopting ordinance and revised proposed CAO
code for insertion in Chapter 18.22 JCC.
A summary of proposed Critical Areas Ordinance changes per the Planning Commission recommendations
and per state agency comments is provided in Table 1 below.
Table 1. Summary of Critical Areas Ordinance Changes
Topic Description
Wetlands
Purpose: Adds a section that describes the purpose of the wetland regulations.
Classification/designations: Adds a section that describes all classes and designations of
Wetlands.
Consistency with Ecology Guidance: Added Washington Department of Ecology (Ecology)
wetland category descriptions. Updated wetland delineation manuals to be used.
Evaluation: Added two types of evaluation: ‘wetland reconnaissance’ and ‘wetland
delineation’.
Buffer: Updated/corrected wetland buffer tables based on BAS. Updated wetland buffer
reduction and wetland buffer averaging provisions based on BAS and added process for
increasing wetland buffer widths.
Mitigation: Updated mitigation sequencing steps based on BAS. Added option to use Ecology
publication, Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington. Added an In-lieu Fee Mitigation section.
Regulatory Reform Amendments: Minor adjustments to buffer table similar to state guidance.
Allowance for some activities in buffers if no other feasible alternative (e.g. wells, roads,
septic), and subject to criteria including mitigation.
Fish and
Purpose: Adds a section that describes the purpose of the FWHCA regulations.
Wildlife
Classification/designations: Adds a section that describes all classes and designations of
Habitat
FWHCAs.
Conservation
Areas
Evaluation: Updated standards for habitat evaluation.
(FWHCAs)
Protection Standards: Require vegetation or buffers to be retained to extent practicable.
Clarify buffers do not apply to lawfully piped streams. Clarify buffer extent from kelp and
eelgrass beds. Address buffers for waters containing game fish.
Mitigation: Updated mitigation sequencing steps based on BAS.
Regulatory Reform Amendments: Task Force reviewed BAS background and example
regulations and considered reducing buffers on streams. Staff proposal would retain buffers
on fish-bearing and perennial streams, and reduce buffers for moderate intensity uses on Ns
streams. Task Force and staff propose to allow some activities in buffers if there is no other
feasible alternative (e.g. wells, roads, septic), and subject to criteria including mitigation, similar
to current code allowances.
Frequently
Definitions: New section that defines frequently flooded areas.
Flooded
Purpose: Adds a section that describes the purpose of the Frequently Flooded Areas
Areas
regulations.
Classification/designations: Adds a section that describes all classes and designations of
Frequently Flooded Areas.
Applicability: Added section clarifying activities that must comply with this article.
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Protection Standards:Identifies the protection standards in addition to those in Chapter 15.15
JCC for Frequently Flooded Areas.
Biological Opinion Requirement: Added new section to comply with the Biological Opinion on
FEMA’s National Flood Insurance Program, requiring the County to consider, despite broad
availability of federal flood insurance, the effects of permitting development in floodplains
that contain threatened or endangered species or habitats. There is now the requirement to
prepare a Habitat Assessment that addresses federally listed species.
Geologically
Definitions and Information:Updated definitions.Updated sources for identifying
Hazardous
geologically hazardous areas.
Areas
Purpose: Adds a section that describes the purpose of the Geologically Hazardous Areas
regulations.
Classification/designations: Adds a section that describes all classes and designations of
Geologically Hazardous Areas.
Evaluation: Added new section describing when an evaluation is needed such as if the activity
is in a moderate geologically hazardous area.
Buffers: Added new section on buffer widths increasing from 30-foot buffer to a range of 50
to 150 feet, depending on level of hazard, which may be reduced administratively up to 25%
with a report by a qualified professional. The buffer may be reduced further if there is a
report and a hold harmless statement if a development is within a geologically hazardous
area. Third party review may be required. Regulatory Reform Amendments: Based on staff
proposed revisions, there is a refinement of when a report is needed (e.g. a moderate to high
specific evaluations by qualified professionals to
hazard) and an ability to provide site-
address local conditions while ensuring attention to health and safety.
Critical
Definitions: Updated definition of critical aquifer recharge areas based on WAC language.
Aquifer
Purpose: Adds a section that describes the purpose of the CARA regulations.
Recharge
Area (CARA)
Classification/designations: Adds a section that describes all classes and designations of
CARAs.
Applicability: Clarified when ‘high intensity land uses’ are prohibited and when those land
uses may be approved. Added section for ‘other land uses’ to clarify types of proposals that
may trigger CARA review.
Protection Standards:Updated protection standards to comply with WAC requirements. Refer
to Health and Safety standards for above and below ground storage tanks. Revise well drilling
section standards. Address Watershed Resource Inventory Area (WRIA) 17 in-Stream flow rule.
Regulatory Reform Amendments: Staff proposes clarifications to reduce paragraphs and
provide clearer language.
Special
Applicability: Special Reports are required as described in each of the five critical area
Reports
articles. Special Reports generally must be prepared by qualified professionals.
Standards: In limited circumstances, special reports may be waived based on level of impact
and sensitivity of critical area. Also, provided new less costly, but equally protective, options
for geohazards, habitat and wetland reports. Further, the procedure to nominate and have
adopted local fish and wildlife species of concern is now a type of special report, due to the
low level of utilization since original adoption.
Regulatory Reform Amendments: The addition of Hearing Examiner Variances and
Reasonable Use Exceptions modified the Critical Area Stewardship Plan as an additional
option to achieve no net loss alongside other compensatory mitigation options
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Critical Areas
Regulatory Reform Amendments: Adds a performance-based approach to implement
and
conservation practices best suited to address resource concerns. Include performance
Agriculture
standards, activity allowances, and monitoring.
Source: Jefferson County, BERK, 2019
Evaluation
Amendments to the County’s development regulations are required to be evaluated in relation to Jefferson
County Code criteria addressing GMA plans and regulations. Each criterion is provided with the evaluation
immediately following.
18.45.080 Final docket – Planning commission and board of county commissioners review.
(1) (b)Required Findings –Generally. For all proposed amendments, the planning
commission shall develop findings and conclusions and a recommendation which consider the
18.45.050
growth management indicators set forth in JCC(4)(b)(i) through (4)(b)(vii), as
well as the following:
(i) Whether circumstances related to the proposed amendment and/or the area in which it
is located have substantially changed since the adoption of the Jefferson County
Comprehensive Plan;
Evaluation: The circumstances related to the proposal and/or area have no substantially changes
since the adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan’s
Periodic Review and Update was completed in December 2018; however, the CAO periodic
review and update was postponed. This proposal brings the CAO development regulations in
alignment with the 2018 Comprehensive Plan.
(ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan is based
are no longer valid, or whether new information is available which was not considered during
the adoption process or any annual amendments of the Jefferson County Comprehensive
Plan; and
Evaluation: New information isavailable which was notconsideredduring the most recent periodic
review and update of the Comprehensive Plan. Specifically, additional best available science and
public engagement have resulted in new information which informs this proposal
(iii)Whether the proposed amendment reflects current widely held values of the residents
of Jefferson County.
Evaluation: The proposed CAO meets the Comprehensive Plan, representing resident input in the
Comprehensive Plan Periodic Review and Update completed in 2018. See for example the
following Framework Goal:
Framework Goal VI Environmental Conservation: Foster environmental stewardship,
preserve clean air and water, and protect fish and wildlife habitat. Anticipate and
respond to climate change with mitigation and adaptation strategies.
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(c) Additional Required Findings – Formal Site-Specific Amendments. …
(i) The proposed site-specific amendment meets concurrency requirements for transportation
and does not adversely affect adopted level of service standards for other public facilities
and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general
governmental services);
Evaluation: The CAO Periodic Review and Update addresses environmental conservation and does
not directly affect or change public services.
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County Comprehensive
Plan;
Evaluation: The CAO Update implements several goals and policies of the 2018 updated
Comprehensive Plan, including:
Goal LU-G-1 Ensure a community-based Comprehensive Plan that is consistent with the
Growth Management Act and the County-wide Planning Policy, and provide for a well-
implemented Comprehensive Plan through the preparation of supporting development
regulations, system plans, and programs.
Policy LU-P-1.4 Encourage the use of innovative site planning and design techniques as a
way to preserve rural character, open lands and natural resources, including lot consolidation
opportunities, development regulations, and other innovative tools such as farm conservation
plans.
Goal NR-G-1 Encourage the conservation and long-term sustainable use of resource lands so
their continued future use will not be precluded by other uses; and encourage the long-term
sustainability of natural resource-based economic activities throughout Jefferson County.
Policy NR-P-1.1 Support resource-based economic activities that comply with applicable
federal, state, and local regulations.
Policy NR-P-1.3 Consider incentive programs to support resource-based economic activities
in rural areas.
Policy NR-P-2.1 Ensure resource-based practices do not cause cumulative adverse impacts,
and ensure they mitigate adverse impacts to the environment and adjacent properties.
Policy NR-P-2.3 Explore incentives that encourage compliance with “best management
practices” by resource-based economic activities.
Goal NR-G-8 Conserve and protect the agricultural land base and its associated economy
and lifestyle.
Policy NR-P-8.2 Coordinate with local, state and federal agencies and organizations to
encourage conservation of productive agricultural land through best management practices,
including soil and water conservation, drainage, and livestock waste management programs.
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Policy NR-P-8.5 Support the work of Washington State University Cooperative Extension,
and the Jefferson County Conservation District, for technical and marketing assistance for
small-scale commercial farmers.
Policy NR-P-8.6 Collaborate with partners such as North Olympic Development Council
(NODC), Washington State University (WSU), and Jefferson County Conservation District to
assess likely impacts of climate change on agriculture and to develop mitigation and
adaptation strategies suited to Jefferson County’s soils and farm economy.
Goal HS-G-2 Promote a variety of housing choices throughout the county with innovative land
use practices, community redevelopment strategies, development standards, design
techniques, and building and infrastructure permit requirements.
HS-P-2.1 Explore regulatory opportunities that help minimize costs to developing affordable
housing while ensuring that public health, safety, and environmental quality standards are not
compromised.
Goal EN-G-6 Continue to implement, periodically review, and update critical area
regulations under the Jefferson County Critical Areas Ordinance (CAO) consistent with GMA
requirements, including best available science.
Policy EN-P-2.4 Promote best management practices and voluntary open space conservation
to protect critical areas in land use regulations related to septic systems, forest management,
agricultural practices, industry, and other development.
Policy ED-P-6.2 Develop and update land use policies that conserve working resource lands
and provide sustainable employment opportunities.
Policy ED-P-8.2 Ensure that permit review and requests for additional information are fair,
consistent and balanced with the needs of the applicant and the public interest at large
(iii) The proposed site-specific amendment will not result in probable significant adverse
impacts to the county’s transportation network, capital facilities, utilities, parks, and
environmental features that cannot be mitigated, and will not place uncompensated burdens
upon existing or planned service capabilities;
Evaluation: Not applicable as the CAO Periodic Review and Update is a legislative update to
development regulations which protect the environment. The development regulations at issue will
not result in impacts to the county’s transportation network, capital facilities, utilities, parks, and
environmental features. The CAO Periodic Review and Update includes options with the range of
acceptable BAS.
(iv) In the case of a site-specific amendment to the land use map, that the subject parcels
are physically suitable for the requested land use designation and the anticipated land use
development, including, but not limited to, the following:
(A) Access;
(B) Provision of utilities; and
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(C) Compatibility with existing and planned surrounding land uses;
Evaluation: Not applicable. There is no land use map amendment.
(v) The proposed site-specific amendment will not create a pressure to change the land use
designation of other properties, unless the change of land use designation for other
properties is in the long-term best interests of the county as a whole;
Evaluation: Not applicable. The CAO Update does not address land use designations.
(vi) The proposed site-specific amendment does not materially affect the land use and
population growth projections that are the bases of the Comprehensive Plan;
Evaluation: While some buffer standards could alter developability(e.g. increased geologic
hazard buffers; adjusted wetland buffers) this is more likely to alter the pattern of development
such as by clustering, and is not anticipated to materially affect the County’s capacity to meet
growth projections. Additionally, there are criteria and procedures designed to allow
consideration of local conditions with administrative and Hearing Examiner variancesand
reasonable use exceptions. The County has more than the minimum capacity to meet its growth
targets.
(vii) If within an unincorporated urban growth area (UGA), the proposed site-specific
amendment does not materially affect the adequacy or availability of urban facilities and
services to the immediate area and the overall UGA;
Evaluation: Not relevant; the CAO Update does not include site-specific amendments.
(viii) The proposed amendment is consistent with the Growth Management Act
36.70A
(Chapter RCW), the County-Wide Planning Policy for Jefferson County, any other
applicable inter-jurisdictional policies or agreements, and any other local, state or federal
laws.
Evaluation: The proposed amendment is consistent with the GMA periodic review requirement. The
proposal fulfils the County-Wide Planning Policy for Jefferson County; though there are no specific
County-Wide Planning Policies on critical areas,there is reference to GMA goalsincluding those
addressing the environment.
18.45.050 Compilation of preliminary docket.
(4) Planning Commission Periodic Assessment – Recommendations.
(b) Criteria Governing Planning Commission Assessment. The planning commission’s periodic
assessment and recommendation shall be based upon, but shall not be limited to, an inquiry
into the following growth management indicators:
(i) Whether growth and development as envisioned in the Comprehensive Plan is occurring
faster or slower than anticipated, or is failing to materialize;
Evaluation: Not applicable. The CAO Update does not alter growth allocations or land use
designations.
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(ii) Whether the capacity of the county to provide adequate services has diminished or
increased;
Evaluation: Not applicable. The CAO Update does not alter levels of service or responsibilities.
(iii) Whether sufficient urban land is designated and zoned to meet projected demand and
need;
Evaluation: Not applicable. The CAO Update does not alter land use designations.
(iv) Whether any of the assumptions upon which the plan is based are no longer found to
be valid;
Evaluation: Not applicable. The CAO Update does not alter Comprehensive Plan assumptions. The
Comprehensive Plan assumes periodic review of CAO regulations. See (c)(ii) above.
(v) Whether changes in county-wide attitudes necessitate amendments to the goals of the
plan and the basic values embodied within the Comprehensive Plan Vision Statement;
Evaluation: There are no changes in county-wide attitudes which necessitate amendments to the
goals of the plan and the basic values embodied within the Comprehensive Plan Vision Statement.
The Comprehensive Plan was updated in December 2018. This periodic review and update
included extensive revisions to the Comprehensive Plan’s Vision Statement. The 2018 Vision
Statement supports this proposal for example “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, and wildlife habitat so that future generations may also practices
stewardship of the land, the seas, and the communities of Jefferson County.” The Vision Statement
also recognizes the need to balance economic and housing development.
(vi) Whether changes in circumstances dictate a need for amendments;
Evaluation: While there is no need for an amendment to the Comprehensive Plan, RCW
36.70A.130.
(vii) Whether inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the County-wide Planning Policy for Jefferson County.
Evaluation: Not applicable. The proposal involves a code and plan implemented by the City.
Comments Received Up Until Friday, February 28, 2020
Two written comments have been received so far during the current comment period. One comment was
from the Port Gamble S’Klallam Tribe and one comment was received from County Commissioner Greg
Brotherton. Commissioner Brotherton’s comment related to whether Article IX on Special Reports can be
simplified without sacrificing environmental protection. Staff believes Article IX on Special Reports can be
revised to both simplify it and maintain environmental protection. Staff suggests this be done using
language from Kitsap County’s CAOon geologically hazardous area reports and has made proposed
revisions for presentation to the Board of County Commissioners in its comments to the Planning Commission’s
recommendations attached as Appendix D.
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Staff expects to prepare a comment summary of all public comments received during the current public
comment period, after it ends and before the Board of County Commissioners complete their deliberations.
Staff’s Comments on the Planning Commission’s Proposed
CAO
Staff’s proposed revisions to the Planning Commission’s recommended CAO are attached as Appendix D.
Recommendation
Jefferson County DCD recommends that the Board of County Commissioners consider the draft proposed
CAO Periodic Review and Update recommended by the Planning Commission (including their proposed
adopting ordinance), hold a public hearing, consider public comments (including Staff’s comments presented
in this report and in Appendix C), deliberate, and adopt a GMA and Jefferson County Comprehensive
Plan-compliant CAO.
Appendices
Appendix A: Regulatory Reform Task Force Recommendations and Documents
Appendix B: Public Participation Summary
Appendix C: Staff’s Comments on the Planning Commission’s Proposed CAO
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APPENDIXA
Jefferson County Critical Areas Regulatory Reform Task Force
Recommendations Report
Transmitted December 4, 2019
ONTENTS
C
I.Introduction and Overview of the Task Force
Process and Schedule
Summary of Outcomes
II.Items of Task Force Concurrence
a.#1 - #48
III.Appendices
a.Comprehensive Plan goals and policies with relevance
to Task Force work
b.Resolution 17-19 on Regulatory Reform
c. Resolution 35-19 establishing Task Force
d.Task Force Charter
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Introduction and Overview of the Task Force
Background
As required by the Washington Growth Management Act (GMA),
Jefferson County began working on its periodic update to its
Comprehensive Plan including updates to its critical areas ordinance
(CAO) in 2014. Work was completed on updating the record of best
available science and an initial draft CAO update was briefed to the
County’s Planning Commission in late 2017. The Planning Commission
requested that additional work be done and emphasized the need for
more work on balancing agricultural activities and farming in critical
areas. The County deferred work on the CAO until the periodic
updates to its Comprehensive Plan were completed in December,
2018. The Plan acknowledged that more effort is needed in providing
for affordable housing and economic development opportunities while
protecting the County’s environment and public health.
The Critical Areas Regulatory Reform Task Force
On July 8, 2019 the Jefferson County Board of Commissioners (BoCC)
passed Resolution 35-19 and established the Critical Area Regulatory
Reform Task Force (Task Force) for the purposes of advising the
County with recommendations as the County finalizes its updates to its
Critical Areas Ordinance (CAO). The Task Force provided for broad
and robust public participation in the CAO update process and was
directed to follow the letter and intent of Resolution 17-19. That
resolution, adopted in late March, 2019, set forth a program of
regulatory reform directing County programs to streamline and
simplify county codes and regulations while protecting the environment
and public health.
The Task Force appointed citizen members which represented a broad
variety of stakeholders including farmers and agricultural interests,
building designers and developers, environmental interests and
general commissioner district representatives. A volunteer Task Force
Facilitator was appointed and the District 3 Commissioner, Community
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Development Director, and County professional planning consultant
attended each task force meeting.
Process and Schedule
The Task Force work process was directed by Resolution 35-19, which
stated that other, GMA-compliant jurisdictions were to be used to
compare CAO standards and inform Task Force recommendations.
Task Force meeting topics were substantively guided by white papers
produced by Lisa Grueter, Principal Planner with BERK and Associates,
a professional planning consulting firm who assisted the County with its
Comprehensive Plan periodic update and was retained to help
complete the County’s state-mandated periodic update to its CAO.
The Task Force held meetings on every other Thursday beginning
August 8, 2019, with an extra meeting on November 7. The initial
work plan was to have the Task Force review and make
recommendations on each separate Article of an existing draft CAO
update. It became clear early on that the group wanted to prioritize
work on protecting critical areas on farms and where agricultural
activities happen.
The Task Force was informed by the County in September that
because of the CAO not having been completed by its state-
mandated deadline that work by the Task Force could not extend
beyond the end of 2019. The County passed Resolution 50-19
committing the County to adopt an updated CAO no later than
February 28, 2020 and directed the Task Force to complete its
meetings and work by November 18, 2019. In reviewing Task Force
members’ schedules, it became clear that the Task Force would not be
able to meet as a group with a quorum beyond November 14, 2019.
Thus, Task Force work on all critical areas code sections was not
possible.
Summary of Outcomes
The Task Force met a total of nine times. The Task Force agreed to be
paperless as much as possible and accessed materials via a
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dedicated web page as well as through email from the Facilitator.
The Task Force decided early on to focus attention on agricultural
activities ad critical areas protections. The Task Force was largely
guided by Whatcom County’s programs and codes which provided a
performance-standard based CAO in addition to prescriptive buffer
standards. The Task Force discussed and applied Whatcom County
codes in a way that made sense for Jefferson County, meaning not all
Whatcom County code was adopted verbatim but instead was
modified to serve the needs of Jefferson County best. The
performance-based CAO standards were very popular with most all
Task Force members. There was insufficient time to develop
performance-based recommendations for all critical area types or all
permit types.
The Task Force completed recommendations on a new section to the
Jefferson County CAO on agricultural activities, completed
recommendations on the general administration of the CAO and on
development standards for wetlands and fish and wildlife habitat
conservation areas (streams and other water bodies). The Task Force
did not have the opportunity to work on the CAO’s draft code on
geologically hazardous areas, critical aquifer recharge areas,
frequently flooded areas, or special reports sections. County staff is
completing those updates to the existing draft CAO.
The Task Force produced recommendations by discussing and then
‘voting’ on “Items of Task Force Concurrence.” Many Items created a
lot of Task Force discussion and not all Items received unanimous
approvals. The following pages display all Task Force
Recommendations, including some that did not receive full concurrence.
Some of the Items specifically relate to discussion topics contained in
white papers produced by BERK and Associates.
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CAO TASK FORCE RECOMMENDATIONS
1. Provide a “navigational graphic”at the opening of the
CAO
An overview table or other graphic should appear at the
beginning of Chapter 18.22, identifying the types of areas
subject to the code, and assisting with “navigation”through the
CAO.
It was further suggested that a visible notation should appear
on each page, showing where the reader is, in relation to the
overview graphic.
Task Force vote: Allin favor
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2. The terms “allowed”and “exempt”should be clarified
Use of the terms “allowed”(under the CAO) and “exempt”
(from these regulations or from the County’s jurisdiction) is
confusing . . . they must be more clearly defined.
“Allowed”should be used when the development falls within
the County’s jurisdiction and the CAO regulations apply to it,
but the specific named activity is “allowed”as long as it meets
specified conditions or criteria.
“Exempt”activities either don’t require a permit at all or are
deemed to have no impact or an acceptably low impact on the
functions and values of critical areas.
Task Force vote: All in favor
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3. A Performance-Based approach should be provided in
addition to Prescriptive regulation
Performance-based requirements should replace prescriptive
mandates where possible . . . educating developers / farmers /
applicants what a critical area is, why it’s important, what it
needs to remain a valuable component of the ecosystem, and
helping them to find ways to protect the critical area and its
functions
For agricultural activities, a hybridized model of side-by-side
“voluntary stewardship (VSP)-type”methods and prescriptive
CAO regulations would be the best of both worlds and could be
made to work in Jefferson County.
The desired approach is a dual track for permitting Ag activities
that may affect Critical Areas: one track with prescriptive rules,
the other focusing on performance-based standards.
The TF recommended that both options be available to
agricultural permit applicants.
Task Force vote: All in favor
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4. Cultural change will be needed
Moving from prescriptive to performance-based regulations
requires a significant culture change, but offers substantial
benefit in:
on-the-ground results,
clarification of what should be protected and why,
using data gathered locally over 25 years,
actions that increase public value over the status quo,
changed relationships between County staff and the
landowning / development / business communities,
greater job enjoyment and professional gains for
regulatory staff,
new ideas, increased creativity and intentionality, and
tested best practices that can be applied to other like
projects and land uses.
Such an approach will call for a potential cultural shift, requiring
extensive staff training and additional funding support,for
implementation to be successful.
Task Force vote: Allin favor.
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5. Describe the purposes and intent of the CAO
regulations
JeffersonCountyshould clearly describe the beneficial
functions and values of areas designated as “critical areas”
and should describe the outcomes that need to be achieved for
these areas to retain and/or improve their values and functions.
Explain in plain language what is being protectedandthe
purpose of the regulations.
Task Force vote: 8 in favor, 1 abstention
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6. Achieve No Net Loss
The CAO needs to require and assure no net loss.
Task Force vote: All in favor
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7. Partner with independent professionals and
organizations
Partners can work directly with applicant farmers to prepare a
plan that fulfills the requirements of performance-based
standards.
e.g.,
Jefferson County Conservation District
WashingtonState Conservation Commission
Ruckelshaus Center
Washington State University’s Low Impact Development
Research Program
Organic farming certification authorities
Partnering in this way would both reduce burden on DCD staff
and better serve permit applicants and agriculturaloperators.
However, some of these agencies may not havetheexpertise
to address allcritical areasconcerns.
Task Force vote: All in favor
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8. Provide incentives for landowners
The Code should provide incentives for applicants to
voluntarily design their projects and plan their uses so that
critical areas are
not only protected but improved / restored.
Incentives could include:
their applications might be “fast tracked”or offered more
timely review
special consultative assistance
opportunities to pilot new methods
Task Force vote: All in favor
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9. There should be no rule regarding duration of fallow
status
There should be no regulation in the Jefferson County Code
regarding “fallow land”duration, or changes in products and
practices that are clearly part of agricultural production and
farm management.
Agricultural land reactivated after a fallow or non-productive
period (e.g., 5 years) should not be held to different standards
than continuously farmed land.
Note: See Item 10 for further discussion.
Task Force vote: All in favor
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10. Definitionof agricultural activities
The definition set out in the Shoreline ManagementAct and
incorporated in WA code as RCW.90.58.065* should be
incorporated in JeffersonCountyCAO regulations as the
definition of “agriculture.”
This definition broadly and thoroughly defines “agriculture”as
TF membersunderstand the scope of agriculturalactivities,
and it obviates the concern with fallow land being classified as
“new agriculture”when it is returned to production.
The definition also clarifies that allowed activities include
“maintaining, repairing,agriculture facilities”
and replacing
with conditions.
*”Agricultural activities”means agricultural uses and practices including, but not limited to:
Producing, breeding, or increasing agricultural products; rotating and changing agricultural
crops; allowing land used for agricultural activities to lie fallow in which it is plowed andtilled
but left unseeded; allowing land used for agricultural activities to lie dormant as a result of
adverseagricultural market conditions; allowing land used for agricultural activities to lie
dormant because the land is enrolled in a local, state, orfederal conservation program, or the
land is subject to a conservation easement; conducting agricultural operations; maintaining,
repairing, and replacing agricultural equipment; maintaining, repairing, and replacing
agricultural facilities, provided thatthe replacement facility is no closer to the shoreline than the
original facility; and maintaining agricultural lands under production or cultivation.
Task Force vote: All in favor
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11. Adopt a “typing”system for agricultural activities
Adopt a “typing”system for agriculturaloperations, but make it
different from Whatcom County’s“risk classification”method.
Definition of the “types”needs to be modified to suit the
character of farming and the resource concerns in Jefferson
County.
Modifications will be needed in the Whatcom example to make
“type”classifications, risk assumptions,and monitoring
requirements specific to and appropriate to Jefferson County
conditions.
Task Force vote: All in favor
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12. Clarity is needed in regulations and measurable
benchmarks
Task Force vote: All in favor
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13. Accountability for resource degradation
Assure that farmers not be held responsible for resource
degradation they have not caused and cannot control.
Task Force vote: All in favor
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14. There should be no distinction between “existing”
agriculture and “new”agriculture
There is no need to make a distinction between new and
existing agriculture within the regulations because the TF’s
recommended definition of agriculture (see Item #10) does not
make such a distinction.
“. . . if anyone needs to come in for a permit, they should have
a choice of the prescriptive option or the performance-based
option.”
Task Force vote: All in favor
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15. Consistency with Federal and State regulations
Include in the Code that Jefferson County will accept
documentation of compliance with named Federal / State
requirements (e.g., National Flood Insurance Program
requirements), as satisfaction of County requirements
addressing the same environmental protections.
Task Force vote: All in favor
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16. “Farm Plan”should be replacedwith the phrase
”
“conservation practices
The TF advises use of the phrase “conservation practices”to
replace the term and concept of “farm plan.”
Task Force vote: All in favor
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ITEMS OF CAO TF CONCURRENCE
#17
Agricultural ‘typing’system used in Whatcom County code based on
Deleted
ag activity; was replaced by a more favorable ‘typing’based on
critical areas resource concern
ITEMS OF CAO TF CONCURRENCE
#18 and #19
Direction to DCD to ensure sufficiency of ag conservation practices
Deleted
which would require specific competencies in ag operations; this
was replaced by more favorable direction to develop a process (and
have it directed in code) with the Conservation District and, when
applicable, to refer and reply on the conservation practices required
by NRCS, State CC, other state and federal ag agencies (See #23 and
#27)
A practice that Whatcom County included that provided a special
Deleted
kind of leniency to farmers against enforcement actions
ITEMS OF CAO TF CONCURRENCE
#20
removed a requirement that Whatcom County practices relating to
Deleted
“imminent public health threat.”This is dealt with by JeffCo’s
environmental public health programs
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21. Definition of “compliance”with Conservation Practices
Whatcom County defines compliance as “implementing an
approved Farm Plan.”
Jefferson untyshould ensure that agriculturalapplicants are
Co
implementing appropriate Conservation Practices.
Task Force vote: All in favor
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22. Finding a Farm Operation non-compliant with
Conservation Practices
Whatcom CPAL lists 6 situations where an approved Farm
Plan can become non-compliant(WCC16.16.860D; see
below).
The TF agreed that all six are reasonable.
Whatcom Co Code 16.16.860
D. Agricultural operations shall cease to be in compliancewith this article, and a new or
revised conservation farm plan will be required, when the technical administrator determines
that any of the following has occurred:
1. When a farm or ranch operator fails to properly and fully implement and maintain their
conservation farm plan.
2. When implementation of the conservation farm plan fails to protect critical areas. If so, a
new or revised conservation farm plan shall be required to protect the values and functions of
critical areas at the benchmark condition.
3. When substantial changes in the agricultural activities of the farm or livestock operation
have occurred that render the current conservation farm plan ineffective. Substantial changes
that render a conservation farm plan ineffective are those that: a. Degrade baseline critical
area conditions for riparian and wetland areas that existed when the plan was approved; or b.
Result either in a direct discharge or substantial potential discharge of pollution to surface or
ground water; or c. The type of agricultural practices change from Type 1 to Type 2, Type 2 to
Type 3, or Type 1 to Type 3 operations.
4. When the increase in livestock or decrease in land base or nutrientexport results in the farm
being out of balance between the nutrients generated and to be used by growing crops.
5. When a new or revised conservation farm plan is required, and the farm operator has been
so advised in writing and a reasonable amount of time has passed without significant progress
being made to develop said plan. Refusal or inability to provide a new plan within a reasonable
period of time shall be sufficient grounds to revoke the approved conservation farm plan and
require compliance with the standard provisions of this chapter.
6. When an owner or manager denies the technical administrator reasonable access to the
property for technical assistance, monitoring, or compliance purposes, then the technical
administrator shall document such refusal of access and notify the owner of his/her findings.
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The owner shall be given an opportunity to respond in writing to the findings of the technical
administrator, propose a prompt alternative access schedule, and to state any other issues
that need to be addressed. Refusal or inability to comply with an approved conservation farm
plan within a reasonable period of time shall be sufficient grounds to revoke said plan and
require compliance with the standard provisions of this chapter.
Task Force vote: All in favor
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23. Monitoring and reporting on implementation of
Conservation Practices
The County should be responsible for that monitoring
ensuring
is conducted.
County staff should work with responsible farm agencies to
develop and implement a monitoring program.
Monitoring requirements and processes should be customized
to the specific permit and included in permit conditions.
Note: The TF “assigned”to DCD and JCCD the task of describing how and by
whom monitoring will be done.
Task Force vote: All in favor
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ITEMS OF CAO TF CONCURRENCE
#24
DeletedA consideration of a Whatcom County
mechanism regarding “farm plans”and
enforcement. TF recommends using
“conservation practices”and not “farm
plans.”
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25. Public disclosure of farm management information
Conservation Practices agreements should:
Protect proprietary information
Not be disclosed publicly
Not be held by a local government agency thatis required to
disclose all of its records
Provide data (without attribution) useful to ascertain the
utility/effectiveness of ag management practices, and to
inform the public about measures taken to protect the
environment
Whatcom’s CPAL public disclosure standards (see below) are
deemed to be agood model for JeffersonCounty.
Note: Legal and Risk Management is requested to assess what characteristics of
the Conservation Plan need to become public record.
Whatcom County Code 16.16.870 Limited public disclosure.
A. Conservation farm plans will not be subject to public disclosure unless required by law or a
court of competent jurisdiction;
B. Provided, that the county will collect summary information related to the general location of
a farming enterprise, the nature of the farming activity, and the specific best management
practices to be implemented during the conservation farm plan review process. The summary
information shall be provided by the farm operator or his/her designee and shall be used to
document the basis for the county’s approval of the plan.
C. The county will provide to the public via its website information regarding which farms have
approved conservation farm plans and the date of their approval.
D. Upon request, the county may provide a sample conservation farm plan, exclusive of site-
or property specific information, to give general guidance on the development of a
conservation farm plan.
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Task Force vote: All in favor
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ITEMS OF CAO TF CONCURRENCE
#26
A graphic that Whatcom County uses for ag applicants to follow
Deleted
using Whatcom Ag Typing System
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27. Consultation and assistance from farm agencies and
qualified consultants
Applicants / developers / landowners who choose the
performance-based standards approach should have easy
access to local, state and federal agriculture program
experts and consultants who are identified by Jefferson
County as partners in implementation of performance-based
agriculturalregulations.
Task Force vote: All in favor
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ITEMS OF CAO TF CONCURRENCE
#28
This item replaced by Item #43, which represents TF
NOTE:
concurrence at Oct 31 meeting
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29. Code silence (on any regulatory topic)leads to user
uncertainty
Even though not all situations can be anticipated and
addressed in Code, the more complete the Code can be the
greater the common understanding by the applicant and
Code administrator.
Task Force vote: All in favor
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30. Relationship between CAO regulatory reform and
climate change effects
The County is advised to use existing practices and reviews
to incorporate response to climate change in the CAO.
Task Force vote: All in favor
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31. Wetlands and their buffers
The TF recommends using Whatcom Countyas an example to
set wetland buffers(see below), as long as there is supporting
science regarding protection of wetland values and functions.
16.16.630Wetland buffer widths.
The technical administrator shall have the authority to require buffers from the edges of all wetlands (in
addition to the building setback required by WCC 16.16.265(D)) in accordance with the following:
A.Wetland buffers shall be established to protect the integrity, functions and values of the
wetland. Wetland buffers shall be measured horizontally from a perpendicular line established
by the wetland boundary based on the base buffer width identified in Table 1. Buffers shall not
include areas that are functionally and effectively disconnected from the wetland by an
existing, legally established road or other substantial developed surface.
B.The buffer standards required by this article presume the existence of a dense, multi-storied
native vegetation community in the buffer adequate to protect the wetland functions and
values. When a buffer lacks adequate vegetation, the technical administrator may increase the
standard buffer, require buffer planting or enhancement, and/or deny a proposal for buffer
reduction or buffer averaging.
C.Thestandard buffer shall be based on a combination wetland category, habitat function
score (from the wetland rating form), and land use intensity. The intensity of the land use shall
be determined in accordance with the definitions found in Article 9 of this chapter unless the
technical administrator determines that a lesser level of impact is appropriate based on
information provided by the applicant demonstrating that the proposed land use will have a
lesser impact on the wetland than that contemplated under the buffer standard otherwise
appropriate for the land use, as specified in WCC16.16.640.
D.Standard buffer widths are shown in Table 1. However, for Category I or II wetlands with
“special characteristics”as determined and defined through the Washington State Department
of Ecology (2014) Wetland Rating System (including estuarine, coastal lagoons, wetlands of
high conservation value, bogs, forested, and interdunal wetlands), only buffers in the highest
habitat score (8 to 9) group are applied.
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Table 1. Standard Wetland Buffer Widths
Land Use Intensity*
Wetland Habitat High Buffer Moderate Low Buffer
CategoryFunction ScoreWidth (feet)Buffer Width Width (feet)
(feet)
Category I
8–9300225150
5–715011075
< 51007550
Category II
8–9275150100
5–715011075
< 5806050
Category III
8–915011075
5–715010060
< 5806050
Category IV
8–< 5504025
* Definitions for high, moderate, and low intensity land use are provided in Article 9 of this
chapter.
Task Force vote: Seven in favor, one against
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32. Buffer allowances for infrastructure
The TF recommends adopting Whatcom County’sallowances
for roads, bridges, utilities and access to private development
in wetland buffers, along with Whatcom’s accompanying
descriptions and conditions (see below).
16.16.620 Wetlands – General standards.
The following activities may be permitted in wetlands and/or wetland buffers as specified when
all reasonable measures have been taken to avoid adverse effects on wetland functions and
values as documented through an alternatives analysis, the amount and degree of alteration
are limited to the minimum needed to accomplish the project purpose, and compensatory
mitigation is provided for all adverse impacts to wetlands that cannot be avoided:
B.Utility linesin Category II, III, and IV wetlands and their buffers and/or Category I wetland
buffers when no feasible conveyance alternative is available shall be designed and
constructed to minimize physical, hydrologic, and ecological impacts to the wetland, and meet
all of the following:
1.The utility line is located as far from the wetland edge and/or buffer as possible and in
a manner that minimizes disturbance of soils and vegetation.
2.Clearing, grading, and excavation activities are limited to the minimum necessary to
install the utility line and the area is restored following utility installation.
3.Buried utility lines shall be constructed in a manner that prevents adverse impacts to
surface and subsurface drainage. This may include regrading to the approximate original
contour or the use of trench plugs or other devices as needed to maintain hydrology.
4.Best management practices are used in maintaining said utility corridors such that
maintenance activities do not expand the corridor further into the critical area.
C.Public roads or bridgesin Category II, III, and IV wetlands and their buffers and/or
Category I wetland buffers when no feasible alternative alignment is available and the road or
bridge is designed and constructed to minimize physical, hydrologic, and ecological impacts to
the wetland, including placement on elevated structures as analternative to fill, where feasible.
D.Access to private development sitesmay be permitted to cross Category II, III, or IV
wetlands or their buffers, provided there are no feasible alternative alignments and measures
are taken to maintain preconstruction hydrologic connectivity across the access road.
Alternative access shall be pursued to the maximum extent feasible, including through the
provisions of Chapter8.24RCW. Exceptions or deviations from technical standards for width
or other dimensions, and specific construction standards to minimize impacts may be
specified, including placement on elevated structures as an alternative to fill, if feasible.
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Task Force vote: Seven in favor, one abstention
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33. Exempt activities in wetlands
With the single exception of activities or structures to “comply
with Department of Homeland Security orders,”the TF
recommends listing exemptions from Article VII of the
JeffersonCountyCAO for “activities that promote beneficial
activities . . . or activities with no expected impacts”(see
below).
Existing and on-going agriculture; forest practices; maintenance -transportation & utilities,
drainage, and structures; site investigative work; emergency action, artificial wetlands and
ponds; irrigation; low impact passive recreation; existing residential landscaping; noxious weed
control; harvesting wild crops; planting native vegetation; new trails; navigation; and other
activities similar to another listed one
and
nesting structures; education and research projects, maintenance for mitigation
implementation; Superfund, and Model Toxics Control Act requirements; restoration or
enhancement activities; vegetation removal or pruning; hazard tree felling within buffers and
CAs; vegetation removal for viewsheds;and alteration of beaver structures that are less than
two years old
Task Force vote: Seven in favor, one abstention
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34. Fish-bearing stream buffers
Three alternatives were considered:
(a) Retaining buffer widths of 150’for fish-bearing streams
(shorelines being covered in a different Code section and
therefore not in question here), and 50-75’for non-fish-bearing
streams
(b) Reducing fish-bearing stream buffers to Whatcom County’s
standard of 100’
(c)Asking DCD and BERK to prepare a range of buffer widths
to apply to different GMA designations, specific land uses, and
local natural resources.
Task Force vote: Five members voted for option (b), three members voted for
option (a), and no members voted for option (c).
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35.Non-Fish-bearing stream buffers
For non-fish-bearing streams, the Task Force recommends
buffers of 50’(adopting Whatcom County example).
Task Force vote: Seven in favor, one abstention
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36. Stream buffer setbacks
Retain the buffer setback width of 5’in the current Jefferson
County code.
Task Force vote:Sevenin favor, one abstention, one against
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37. Stream relocation
Language addressing stream relocation should be included
similar to the Whatcom model(shown below).
, or portions of streams, when there is no other feasible
16.16.720 B:Relocation of streams
alternative and when the relocation will result in equal or better habitat and water quality and
quantity, and will not diminish the flow capacity of the stream or other natural stream
processes; provided, that the relocation meets state hydraulic project approval requirements
and that relocation of shoreline streams shall be prohibited unless the relocation has been
identified formally by the Washington State Department of Fishand Wildlife as essential for
fish and wildlife habitat enhancement or identified in watershed planning documents prepared
and adopted pursuant to Chapter 90.82 RCW, the WRIA 1 Salmonid Recovery Plan or the
WRIA 1 Watershed Management Board Habitat Project List or county shoreline restoration
plan.
Task Force vote: Seven in favor, one abstention
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38. Buffer reduction
Regarding buffer reduction, the Task Forcerecommends
adoption of the Kitsap County model,which allows 25% buffer
reduction for Type Iwetlandsand 25-50% reduction for Type II
wetlands for single family homes.
Task Force vote: Four infavor, two abstentions, and one against
The Task Force further recommends using the Kitsap County
model allowing a Hearing ExaminerVariance for buffer
reductions greater than the above.
Task Force vote: Seven in favor, one abstention, if item above is adopted
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39. Types of Agricultural Activity
Three “Types”of agricultural activityare proposed:
Conservation Practices Compliant,
Type 1
Conservation Practices Scheduled, and
Type 2
Conservation Practices Absent, Noncompliant, or
Type 3
Undocumented
Consensus on Type 3 was not reached due to time limitations.
Task Force vote: All infavor
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40. Septic systems in wetland buffers
Allow onsite sewage system components in buffers for
only
residential uses, and these must comply with locational and
operation / maintenance requirements set forth in the Whatcom
County code(shown below).
16.16.620 J.On-site sewage disposal systems (OSS) may be permitted in wetland buffers
when accessory to an approved residential structure:
1.When it is not feasible to connect to a public sanitary sewer system; and
2.It is located as far as possible from the wetland; and
3.When it is operated and maintained in accordance with WCC24.05.160; provided, that
adverse effects on water quality are avoided.
Task Force vote: All infavor
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41. Wells in wetland buffers
Allow domestic wells serving single-family developments and
necessary appurtenances, in wetland buffers when conditions
(in the Whatcom County code) are met(shown below).
16.16.620 F.Domestic wells serving single-family developments (including plats, short plats,
and individual single-family residences) and necessary appurtenances, including a pump and
appropriately sized pump house, but not including a storage tank, in wetland buffers when all
of the following conditions are met:
1.There is no viable alternative to the well site outside of the buffer and the well is
located as far back from the wetland edge as is feasible;
2.The well is more than 75 feet deep; and
3.Any impacts to the wetland and buffer from staging equipment and the well-drilling
process are mitigated.
Task Force vote: All infavor
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42.Reference to Federal laws for agriculture andwetlands
To demonstrate that Federal and State regulatory
requirements have been satisfied, and that these requirements
are consistent with County regulations:
Producers must document the status of farmed wetland and
farmed wetland pastures and the consistency with
agricultural activities allowed under federal statutes,
Producers must identify monitoring or adaptive management
measures in their conservation practices, and
The County will ensure and document that the activities
meet no-net-loss principles.
Task Force vote: All infavor
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43. Agriculture-related structures, utilities, and impervious
surfaces in relation to critical areas
Activities, structures and impervious surfaces addressed by
NRCS practices (e.g. high tunnel systems) should be allowed
onfarmed wetlandswhere consistent with Federal and State
laws, and subject to County review.Structures and impervious
surfaces not allowed on initial review may seek administrative
buffer reductions, hearing examiner variance, or hearing
ricultural
examiner reasonable use exception.Existingag
structures and impervious surfaces should be allowed in
wetland buffers and stream buffers.New or expanded
agricultural structures and impervious surfaces should be
allowed in buffers subject to added performance standards that
incorporate NRCS practices, and subject to County review (to
verify no net loss of critical area functions and values, which
may include wetland/riparian or buffer mitigation, restoration or
enhancement).
Task Force vote: All in favor
44. Requirement to include all“Waters ofThe State”for
classification and designation in FWHCA regulations
(WAC 365-190-130(2))
The Task Forceadvises DCD to include in the updated CAO a
statement that the County deems all Waters of the State –
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including “underground waters”aka Critical Aquifer Recharge
Areas --to have been included in its Code.
Task Force vote: All infavor
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45. Performance-based standards as an option for ALL
types of development near critical areas
The Task Force strongly recommends that performance-based
standards be prepared and offered as an “optional track”from
prescriptive requirements, that can be chosen by all permit
applicants whose development projects may impact critical
areas.
Task Force vote: All infavor
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46. Add a “standard”hearings examiner varianceto the
permit review process
JeffersonCounty’s current options go from anadministratively-
approved variance to a Reasonable Use Exception (called a
reasonable economic use variance able to be opted-out by
posting a monetary bond through a CASP) that is the last stop
before the property owner must file a “takings”challenge to get
relief. The Reasonable Use Exception is decided by the
Hearings Examiner.
The Task Force recommends that the County establish a new
intermediate mechanism described as a “Standard Variance
Process with Hearing Examiner Review”(see BERK paper
titled Wetlands Review, dated Sept 26, 2019 on page 4).
Task Force vote: Eightin favor, one abstention
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47. Flexibility for very small Category III wetlands
Category III wetlands that are less than 1000sq.ft should be
exempt from wetlands regulations as long as criteria consistent
with Dept.of Ecology guidance are met.
Task Force vote: Seven in favor, one against
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Jefferson County Critical Areas Regulatory Reform Task
Force Recommendations Report
Appendices
1.Comprehensive Plan goals and policies with relevance
to Task Force work
2.Resolution 17-19 on Regulatory Reform
3.Resolution 35-19 establishing Task Force
4.Task Force Charter
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Appendix 1
Comp Plan Goals and Policies with relevance to CAO Regulatory
Reform TF recommendations
Goal LU-G-1Ensure a community-based Comprehensive Plan that is consistent with the
Growth Management Act and the County-wide Planning Policy, and provide for a well-
implemented Comprehensive Plan through the preparation of supporting development
regulations, system plans, and programs.
Encourage the use of innovative site planning and design techniques as a
Policy LU-P-1.4
way to preserve rural character, open lands and natural resources, including lot consolidation
opportunities, development regulations, and other innovative tools such as farm conservation
plans.
Encourage the conservation and long term sustainable use of resource lands so
Goal NR-G-1
their continued future use will not be precluded by other uses; and encourage the long-term
sustainability of natural resource-based economic activitiesthroughout Jefferson County.
Support resource-based economic activities that comply with applicable
Policy NR-P-1.1
federal, state, and local regulations.
Consider incentive programs to support resource-based economic activities
Policy NR-P-1.3
in rural areas.
Ensure resource-based practicesdo not cause cumulative adverse impacts,
Policy NR-P-2.1
and ensure they mitigate adverse impactsto the environment and adjacent properties.
Explore incentives that encourage compliance with “best management
Policy NR-P-2.3
practices”by resource-based economic activities.
Conserve and protect the agricultural land baseand its associated economy and
Goal NR-G-8
lifestyle.
Coordinate with local, state and federal agencies and organizations to
Policy NR-P-8.2
encourage conservation of productive agricultural land through best management practices,
including soil and water conservation, drainage, and livestock waste management programs.
Support the work of Washington State University Cooperative Extension, and
Policy NR-P-8.5
the Jefferson County Conservation District, for technical and marketing assistancefor small-
scale commercial farmers.
Collaborate with partnerssuch as North Olympic Development Council
Policy NR-P-8.6
(NODC), Washington State University (WSU), and Jefferson County Conservation District to
assess likely impacts of climate change on agricultureand to develop mitigation and
adaptation strategies suited to Jefferson County’s soils and farm economy.
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Promote a variety of housing choices throughout the county with innovative land
Goal HS-G-2
use practices, community redevelopment strategies, development standards, design
techniques, and building and infrastructure permit requirements.
Explore regulatory opportunities that help minimize costs to developing affordable
HS-P-2.1
housing while ensuring that public health, safety, and environmental quality standards are not
compromised.
Continue to implement, periodically review, and update critical area regulations
Goal EN-G-6
under the Jefferson County Critical Areas Ordinance (CAO) consistent with GMA
requirements, including best available science.
Promote best management practicesand voluntary open space conservation
Policy EN-P-2.4
to protect critical areas in land use regulations related to septic systems, forest management,
agricultural practices, industry, and other development.
Develop and update land use policies that conserve working resource lands
Policy ED-P-6.2
and provide sustainable employment opportunities.
Ensure that permit review and requests for additional information are fair,
Policy ED-P-8.2
consistent and balanced with the needs of the applicant and the public interestat large.
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Appendix 2
Jefferson County Resolution 17-19on Regulatory Reform
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Appendix 3
Resolution 35-19 establishing Task Force
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Appendix 4
Task Force Charter
JeffersonCounty
Critical Areas Regulatory Reform
TaskForce
Charter and Groundrules
July 2019
BACKGROUNDANDPURPOSE
Jefferson Countyplans under the Washington State Growth Management Act (GMA). The GMA requires
participating counties and cities to adopt a Comprehensive Plan and to designate and protect critical
areas. The GMA further requires periodic update ofComprehensive Plans and the implementing
regulations of the Plan, including critical areas regulations. Jefferson County Department of Community
Development (DCD) is in the process of completing the periodic updates of its Critical Areas Ordinance
(CAO).TheGMA requiresrobustpublicparticipationaspartofCAOdevelopment.
TheCAOregulationsaddressdevelopmentanduseswithin andadjacenttocritical area lands.Critical
areas are:
wetlands,
fish and wildlife habitat conservation areas,
geologically hazardous areas,
frequently flooded areas and
critical aquifer recharge areas.
Theseregulationsaffectlanduses, newdevelopment andmodificationswithinthecritical areas and
their buffers. An additional section of the CAO deals with administration and applicability of the CAO
regulations.
On March 25, 2019, the Jefferson County Board of Commissioners (BoCC) adopted Resolution No. 17-
19 A Joint Resolution of the Board of County Commissioners and the Jefferson County Board of Health
Establishing a Regulatory Reform Program for Jefferson County. That Resolution directs DCD to
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protect Jefferson County’s environment and public health while streamlining and simplifying the
structure of the County Code, including its CAO.
Aspartofmeetingthis directive, the BoCC has assembled a regulatory reform citizen task force to
assist the County in completing the CAO update. Earlier this year DCD staff drafted revisions to the
CAO and briefed the Jefferson County Planning Commission on most of those proposed revisions.
DCD and the Planning Commission jointly decided that more work on CAO revisions was advisable.
The Planning Commission made special note of the need for further work critical area protections in
agricultural areas.
The CAO Regulatory Reform Task Force is comprised of seven private individuals who broadly
represent Jefferson County stakeholders involved in or affected by local regulations, including the CAO.
These members represent land use planning and development, environmental protection and salmon
recovery interests, agriculture and resource conservation, real estate and building trades and each
Commissioner district. Additionally, a representative of Jefferson County Department of Community
Development (DCD) will participate in Task Force discussions, and the DCD Director will be present as a
resource to the group.
MEMBERSHIP
Appointed to the task force are:
Jean Ball, District 3 citizen
John Bellow, Spring Rain Farms
Al Cairns, Jefferson County Conservation District
Kevin Coker, Certified Professional Building Designerand Jefferson Co. Planning Commission member
Craig Durgan, Business Owner
Robin Fitch, District 2 citizen
Donna Frostholm, Jefferson County DCD staff
Steve Mader, Environmental Scientist/Consultant
Teresa Michelson, District 1 citizen
TASKFORCEROLEANDOPERATINGSTRUCTURE
TheTaskForcewill review the CAOs of other GMA-compliant counties,and compare and contrast those
development standards to see if,through the lens of regulatory reform, Jefferson County’s CAO can be
made easier to read, understand and implement.
TheTaskForceisnotadecision-making body,butagroupassembledtoreview,discuss,andmake
recommendations on updating theJefferson County CAO.TheTaskForce’s recommendationswillbe
presentedtotheDepartmentofCommunityDevelopmentandJeffersonCountyPlanning Commission
for ultimate consideration by the BoCC.
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JeffersonCountyDCDhasassembledthescientificdataneededtoinformthepoliciesrelatedtokey
CAO issues withinitsrecord of Best Available Science (BAS) collected in support of this CAO update. No
new or additional BAS data is required. The primary focus of the CAO Regulatory Reform Task Force is
to compare and contrast development standards and protection requirements in other selected, GMA-
compliant counties. The task force will usethisdata,alongwithstaff and task force expertise and
experienceand with professional assistance from BERK and Associates in their continuing role tohelp
Jefferson County complete its Comprehensive Plan and implementing regulations.
TaskForcemembers willspecifically review anddiscuss each of the CAO sections in relation to the
relevant part of other GMA-compliant counties as identified by BERK and Associates:
Isthecomparison CAO standardsworth consideration byJefferson County?Whyorwhynot?
Dothesecomparison standards meettheCAOrequirements?
ShouldtheJefferson County standard bereplaced by one of the comparison CAO sections, or
are other editsorrefinements needed?
WhatistheTaskForcerecommendationrelatedtothisstandard?
TheTaskForcewillworkinarelativelyinformalfashion.Theobjective ofeachmeetingwillbe
comprehensivediscussion oftheissues athand. The group may or may not reach consensus on all
issues. More importantly, the thoughts and opinionsof the task force members willbesharedandnoted.
Whereconsensusappearstobeemergingaroundaparticularissueorrecommendation,everyeffortwill
bemadetobringthegrouptofullagreement.Whenconsensus is elusive,andwhentherearestrong
divergentopinions,eachofthoseperspectiveswillbedocumented.
The group will not formallyvoteon issues or recommendations,norwillRobertsRulesofOrderbe
followed. “Processchecks”willbe used to assess satisfaction with the learning and sharing process,
and tojudge therelative level ofconsensusas the group moves through the issues and forms its
recommendations.
Ifamemberisunable toattendameeting, that member will be expected to study the material slated for
discussion and submit his/her inputtothefacilitatorprior to themeeting.
To assure a smooth flow of the deliberations, conclusions of the prior meeting will be affirmed atthe
subsequentmeeting before discussion moves to the next CAO regulatory area.
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Aquorum–oratleasthalf–oftheTaskForce membersmustbepresentfor the task force to craft a
statement of consensus or majority/minority opinion.
Task Force meetingshavebeenscheduledso that each CAO topic (e.g. wetlands, aquifer recharge
areas, etc.) can be addressed by the task force at two separate meetings.
MEETINGS
TheTaskForcewillmeetoneortwotimespermonthfromAugust2019tolatefall2019.
Meeting agendas will be created in collaboration between DCD staff, BERK and Associates and the
meeting facilitator. The facilitator will provide task force members with an action-only meeting record
following each meeting.
GROUNDRULES
Inorderfor the task force toworkassuccessfullyaspossible,members will honor thesegroundrules:
1.Focusonbroadinterests,notindividualpositions.
2.Usethegroup’stimeproductively.
3.Engageconstructively–vigorous,respectfulexchangethatencouragesallpointsofview,open
communicationandgoodsolutions.
4.Watchyourairtime–makesureeveryonehasthechancetoparticipate.
5.Focusonpreferredendstates,opportunitiesformutualgain,andequitable outcomes.
6.Representwelltheinterestsand welfareofyourcommunityororganization.
7.Seekoutwhatyouandthegroupcanandagreeto,livewith,ormodifytoachieveagreement,
whilerecognizingthatmajorityandminorityopinionsmaybethebestresultonsometopics.
8.Strive,ateverymeeting, toconductyourbusinessinawaythatwillimproveyourabilitytowork
togetherinthefuture.
9.Absolutely turn off cellphoneringersandlaptopcomputersbefore andduringourmeetingtime
together.
10.Show courtesytoyourfellowtask forcemembers.Givethemyourfullattention. Seek first to
understand and then to be understood.
11.Keepyourassociatesandconstituencygroupsuptodateontheprogressofthetaskforce.Itis
yourresponsibilitytobothshareinformationandrepresentyourconstituency’sviewsatthe
meetings.
12.Work willberequiredbetweenmeetingsto maintain momentum.Members mustcheckemail,
reviewdraftdocuments,andprovidetheiredits/commentsontaskforcerecommendations
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betweenmeetings.Thisworkwillbeconductedelectronicallythroughemail and shared
documents.
13.Thetaskforcewillworktogethertodecide how to interactwiththemedia.
ROLEOFTHEFACILITATOR
Linda Herzogwillserveasthegroup’sfacilitator.ItisLinda’sresponsibilitytoensurethattheTaskForce
processisassuccessfulaspossible.Tothatend,hereisLinda’spledgetotheCAOTaskForce:
1.Wewillbeginandendeverymeeting on time unless members assent to extend no more than
10 minutes beyond the scheduled ending time.
2.Iwillmakecertainthateveryonehasthechancetoparticipate,andthatnosingle interest
dominatesthediscussion.
3.Iwillbefocused ontheobjectivesfor eachmeeting, andwillstrivetohelpyouachievethemin
arelativelyfriendly butassertive way.
4.Iwillask members to keepthediscussionassimpleaspossible, strivinghard toassure
everyone is understanding the points being made and to avoid the discussion getting bogged
down.
5.Iwilldo everything Icantohelpyousucceed asagroup, providing meeting action summaries,
reminders,workingdrafts,andother group-supportivecommunicationsbetweenmeetings.
6.Iamresponsiblefor theprocess ofourdiscussionand will always beneutral intermsofits
content.
ROLEOFTHEDCD AND BERK
TheDCD and Berk and Associates willprovide technicalandlogisticssupporttotheTaskForce.This
includesthecreationanddisseminationofbackgroundmaterialand using final recommendations from
the Task Force to createdraftpoliciesandotherproducts.
DCDwillparticipateinTaskForcediscussionstotheextentthatDepartmentstaffareabletoprovide
informationrelevanttothediscussion,oranswerquestionsaboutthesubjectmatterathand. BERK and
Associates may be called upon for technical assistance between meetings or if necessary by SKYPE
during task force discussions.
DCDwillrespondtoallTaskForcerecommendations,providingitsrationaleforaccepting,not
accepting,and/orsuggestingmodificationstothoserecommendations.
DCDwillserveastheliaison betweentheTaskForce andother entitiesproviding inputontheCAO
update,includingagencies,governmentsandotherCountydepartments.
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PUBLICCOMMENTATMEETINGS
TaskForcemeetingswillbeopentothepublic.ObserversarewelcomeatTaskForcemeetings,butwill
notbeseatedatthetablenoroffered opportunity to address the group during its meetings. Comments
about the task force’s processes and conclusions can be expressed at public meetings of the BoCC and the
Planning Commission at appropriate times. Citizens who wish to insert their issues and views into task
force deliberations are free to contact a task force member(s) outside of meeting times.
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APPENDIX B
Jefferson County CAO Public Participation Summary
Jefferson County Critical Areas Ordinance Periodic Update
Summary of Public Outreach, Involvement and Participation
2014
Spring: Jefferson County begins meeting with critical areas, salmon recovery, and agricultural interests
on a scope for Best Available Science updates in support of CAO periodic review.
Spring/Summer: Meetings with Washington State University (WSU) Agricultural Extension Director,
Jefferson County Conservation District on most salient issues affecting critical areas in agricultural areas
with attention to existing farm conservation measures. WSU Director writes to express frustration on
process and lack of agreement.
Summer/Fall: Series of public meetings held with timely notice and meeting documentations entitled
“Protecting Critical Areas and Supporting Agriculture During GMA Required Comprehensive Plan Update
Process.” Agendas published; participants documented; issues (flip charts) recorded.
Fall/Winter: Department of Community Development (DCD)cooperatively reviews feedback to date on
critical areas and agriculture with interested parties; prepares scope and funding request for consultant
services to assist in Best Available Science review; Agricultural Watershed Characterizations and
Proposed Recommendations.
2015
Spring/Summer: Consultant bid process and selection and professional services work program initiated.
Work drafted and prepared with DCD oversight.
Fall/Winter: Critical Areas Best Available Science review report finalized by consultant. Emphasis on
critical area overlap with agricultural activities included.
Spring though Winter: Public participation, internal reviews and redrafting of County Comprehensive
Plan continues, including consultant-led review of attendant development standards recommended
updates.
Summer/Fall: Staff analysis of other GMA County CAO standards with emphasis on protecting critical
areas in agricultural lands and farms. DCD leadership positions vacated earlier in year; interim
managers appointed
2016
Spring: All consultant products completed including final Watershed Characterization Report and Final
Proposed Recommendations for critical areas periodic update.
Summer: Washington Dept. of Commerce acknowledges CAO and Comprehensive Plan progress to date
and grants one-year extension. Permanent DCD Director appointed; Comprehensive Plan update public
participation concludes on top planning issues of public concern and Planning Commission informational
sessions continue.
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2017
Winter/Spring and Fall: DCD holds joint public meetings with Planning Commission on Comprehensive
Plan draft. DCD advertises and holds informational sessions with Planning Commission on proposed
updates to Critical Areas Ordinance, one section per meeting on – Applicability and Administration
proposed updates; Critical Aquifer Recharge proposed updates; Frequently Flooded Areas proposed
updates; Fish and Wildlife Habitat Conservation Areas updates; Wetlands and Special Reports updates;
and, Proposed new Section on Critical Areas Development Standards for Agricultural Activities.
Fall: Planning Commission formally interrupts hearing and deliberations process for CAO, recommending
additional outreach to agricultural interests prior to completing planning commission review.
2018
Winter: DCD advertises and hold public workshop inviting countywide agricultural interests to workshop
on proposed CAO standards affecting agriculture. Approximately 65 participants attend and notes are
recorded over length of meeting.
Spring: DCD formally requests and is granted approval by Board of County Commissioners to complete
Comprehensive Plan adoption separately from critical areas ordinance while work continues on CAO
refinements.
Summer/Fall: Planning Commission hold public hearings and deliberates on periodic update of
Comprehensive Plan and forwards recommendation to Board of Commissioners.
Fall/Winter: Board of County Commissioners holds public hearing and deliberates on Comprehensive
Plan periodic update. Concludes with major emphasis on directing County services and decisions to
specifically protect public health and the environment while ensuring opportunities for rural economic
development and affordable housing.
2019
Winter/Spring: Board of County Commissioners adopts Resolution 17-19 Establishing a Program of
Regulatory Reform for the Department of Community Development and Environmental Public Health
recognizing new directives and emphases in recently adopted Comprehensive Plan.
Spring/Summer: Board of County Commissioner establishes a Critical Areas Regulatory Reform Task
Force and establishes its members and a facilitator to assist in completing the periodic updates and
existing redraft of the County CAO.
Summer/Fall: CAO RR Task Force meets every other Thursday to review work-to-date, discuss options
relative to other GMA County CAO and produce recommendations to DCD, Planning Commission.
Fall/Winter: Planning Commission receives briefings on Task Force and Staff recommendations, including
new draft code section on agriculture plus administrative provisions and wetlands recommendations
2020
Winter: Planning Commission receives updated CAO, adopting ordinance, staff report and BAS
addendum. Planning Commission conducts a hearing, deliberations, and produces a report
recommending a new CAO to the Board of County Commissioners.
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APPENDIX C
Staff’s Comments on the Planning Commission’s Recommended CAO
(Attached)
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Chapter 18.22 CRITICAL AREASSUBJECT TO REVIEWPage1/2
APPENDIX C
Chapter 18.10
1,2
DEFINITIONS
Sections:
18.10.010A definitions.
“Agriculture” means the science, art, and business of producing crops, or raising livestock;
farming.
“Agriculture, existing and ongoing” is defined as follows, except for JCC Chapter 18.22 which is
governed by the definition of agricultural activities. For all other chapters, “agriculture, existing
and ongoing” means any agricultural activity conducted on an ongoing basis on lands enrolled in
the open space tax program for agriculture or designated as agricultural lands of long-term
commercial significance on the official map of Comprehensive Plan land use designations;
provided, agricultural activities were conducted on those lands at any time during the five-year
period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted
is converted to a nonagricultural use.
“Agriculture, new” is defined as follows, except for JCC Chapter 18.22which is governed by the
definition of agricultural activities. For all other chapters, “agriculture, new” means agricultural
activities proposed or conducted after April 28, 2003, and that do not meet the definition of
“existing ongoing agriculture.”
“Agricultural activities” has the same meaning as in RCW 90.58.065(2)(a).
“Agricultural best management practices (BMPs)” mean schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
3
“Agricultural land”has the same meaning as in WAC365-190-030(1)
“Agricultural land of local importance” means land in addition to designated prime agricultural land
that is of local importance for the production of food, fiber, forage,or oilseed crops. Generally,
additional farmlands of local importance include those that are nearly prime farmland and that
economically produce high yields of crops when treated or managed according to acceptable
farming methods. Such farmlands may include areas of commercial aquaculture.
“Agricultural product or commodity” is defined asfollows, except for Chapter 18.22JCC. For all
other chapters, “agricultural product or commodity” means any plant or part of a plant, or animal,
1
Footnotes are added for convenience of review only and will be deleted when the final ordinance is
adopted.
2
This section containsdefinitionsrelevant to the Ag and CAOprovisions presented by Staff to the
Jefferson County Planning Commission.Redliningshows changes or new language.
3
(1) "Agricultural land" is land primarily devoted to the commercial production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed,
Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in
upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
These lands are referred to in this chapter as agricultural resource lands to distinguish between formally
designated lands, and other lands used for agricultural purposes.WAC365-190-030(1).
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APPENDIX C
or animal product, produced by a person (including farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists, floriculturists, orchadists, foresters, or other
comparable persons) primarily for sale, consumption, propagation, or other use by people or
animals. For JCC Chapter 18.22agricultural products are defined in RCW 90.58.065(2)(b).
“Agricultural resource lands (agricultural lands)” means lands that are primarily devoted to the
commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animals
products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise
tax imposed by RCW 84.33.100throughRCW84.33.140, finfish in upland hatcheries, or livestock,
and that have long-term commercial significance for agricultural production (RCW
36.70A.030(2)). Agricultural resource lands are divided into two land use designations, prime (AP-
20) and local (AL-20), in the Comprehensive Plan.
“Agricultural warehouse (public warehouse)” means any elevator, mill, subterminal grain
warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is used
or usable for the storage of agricultural products, and in which commodities are received from the
public for storage, handling, conditioning, or shipment for compensation. The term does not
include any warehouse storing or handling fresh fruits and/ororvegetables, any warehouse used
exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons of an
agricultural commodity for compensation.
Agritourism” means agriculturally related accessory uses designed to bring the public to the farm
on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm
mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours,
horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting,
etc.
18.10.020B definitions.
“Buffer” means an area that is intended to protect the functions and values of critical areas.
Protecting these functions and values includes the preservation of existing native and nonnative
vegetation where it exists, unless otherwise required to be replaced withnative vegetation through
mitigation or voluntarily enhanced or restored.
18.10.030C definitions.
“Channel migration zone” (or CMZ) means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream incision,
stream bank erosion and shifts in the location of stream channels. “Channel migration zone”
means the historic channel migration zone (which is the footprint of the active channel
documented through historical photographs and maps), the avulsion hazard zone (which is an
area with the potential for movement of the main river channel into a new location), and the
erosion hazard area (which is an area outside the historic channel migration zone and the avulsion
hazard zone, and includes an erosion setback for a 100-year period of time and a geotechnical
setback to account for slope retreat to a stable angle of repose). “Channel migration zone” does
not include disconnected migration areas, which are areas that have been disconnected from the
river by legally existing artificial structure(s) that restrain channel migration (such as levees and
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APPENDIX C
transportation facilities built above or constructed to remain intact through the 100-year flood
elevation), that are no longer available for migration by the river. “Channel migration zone” may
exclude areas that lie behind a lawfully established flood protection facility that is likely to be
maintained by existing programs for public maintenance consistent with designation and
classification criteria specified by public rule. When a natural geologic feature affects channel
migration, the channel migration zone width will consider such natural constraints. “High channel
migration hazard” (or high risk CMZ) for the Big Quilcene, Little Quilcene, Dosewallips,
Duckabush, and Lower Hoh Rivers means those nondisconnected portions of the channel that
are likely to migrate within a 50-year time frame. For the Big Quilcene, Little Quilcene,
Dosewallips, and Duckabush Rivers, “moderate channel migration hazard” (or moderate risk
CMZ) means those nondisconnected portions of the channel that are likely to migrate within a 50-
to 100-year time frame; and,“low channel migration hazard” (or low risk CMZ) means those
nondisconnected portions of the channel that are likely to migrate beyond a 100-year time frame.
For the Lower Hoh River, “moderately high hazard” (or moderately high risk CMZ) means those
nondisconnected portions of the channel that are likely to migrate within a 50-to 100-year time
frame, “moderate hazard” means those nondisconnected portions of the channel that are likely to
migrate beyond a 100-year time frame, and “low hazard” means the nondisconnected portions of
the channel that are less likely to be affected by channel migration, but are still at risk due to their
location on the valley floor.Rivers that have not been evaluated or mapped for CMZs include:
Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek, Upper Hoh River,
Bogachiel River, Clearwater River, and Quinault River.
4
“Critical aquifer recharge areas” has the same meaning as in WAC365-190-030(3).
5
“Critical areas” has the same meaning as in WAC365-190-030(4).
“Critical area buffer” means any buffer required by Chapter 18.22JCC.
18.10.040D definitions.
None.
18.10.050 E definitions.
6
“Erosion hazard areas” has the same meaning as in WAC365-190-030(5).
4
(3) "Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable to
contamination that would affect the potability of the water, or is susceptible to reduced recharge.
WAC365-190-030(3).
5
(4) "Critical areas" include the following:
(a) Wetlands;
(b) Areas with a critical recharging effect on aquifers used for potable water, referred to in this chapter as
critical aquifer recharge areas;
(c) Fish and wildlife habitat conservation areas;
(d) Frequently flooded areas; and
(e) Geologically hazardous areas.
WAC365-190-030(4).
6
5) "Erosion hazard areas" are those areas containing soils which, according to the United States
Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience
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APPENDIX C
18.10.060F definitions.
“Farm assistance agencies” means federal, state, or local agencies with expertise in the design,
implementation, and evaluation of conservation practices including but not limited to the federal
Natural Resource Conservation Service, the Washington State Department of Agriculture, or the
Jefferson County Conservation District.
“Farmed wetland” meanswet meadow, grazed or tilled: an emergent wetland that has grasses,
sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been
previously converted to agricultural activities.a wetland that prior to December 23, 1985, was
manipulated and used to produce an agricultural commodity, and on December 23, 1985, did not
support woody vegetation and metthe following hydrologic criteria: is inundated for 15
consecutive days or more during the growing season or 10 percent of the growing season,
7
whichever is less, in most years (50 percent chance or more)
“Farm equipment” for all chaptersin Title 18JCC, except Chapter 18.22JCC, includes, but is not
limited to, tractors, trailers, combines, tillage implements, balers, and other equipment, including
attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and
marketing of agricultural,horticultural, or livestock products.Farm equipment for purposes of
Chapter 18.22JCC is governed by the definition of agricultural activities.
“Farm plan” means a conservation plan developed by a farm assistance agency and a landowner
outlining a series of actions developed to meet a landowner’s goals while protecting water quality
and the natural resources within and around the farm property. Many things are considered in a
farm plan including farm size, soil types, slope of the land, proximity to streams, wetlands or water
bodies, type and numbers of livestock or crops, resources such as machinery or buildings and
finances available. Theterms conservation plan and farm plan are interchangeable in this context.
“Farm worker housing” means a place, area, or piece of land where sleeping places or housing
sites are provided by an agricultural employer for agricultural employees.
“Field Office Technical Guide (FOTG)” means a USDA Natural Resources Conservation Service
manual thatcontains information for use in technical assistance to decision-makers for resource
management.
8
“Fish and wildlife habitat conservation areas”has the same meaning as in WAC365-190-030(6).
significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration
zones.
(5).
WAC365-190-030
7
Inserted definition perto addressDept Ecology 1/21/2020 comments.This definition comes from King
County Code 21A.06.1390. King County Code is referenced in GMA as a good example of a code that
regulates agriculture in critical areas.(See RCW 36.70A.735(1)(b) for jurisdictions implementing a critical
areas regulatory approach rather than a VSP Work Plan.)On February 7, 2020, Ecology reviewed
proposed changes and withdrew their prior recommendation to use the federal definition.
8
(6)(a) "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining
needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may
reduce the likelihood that the species will persist over the long term. These areas may include, but are not
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APPENDIX C
9
“Forest land” has the same meaning as in WAC365-190-030(7).
10
“Frequently flooded areas”has the same meaning as in WAC365-190-030(8).
18.10.070 G definitions.
11
“Geologically hazardous areas” has the same meaning as in WAC365-190-030(9).
“Geotechnical professional” means a person with experience and training in analyzing, evaluating,
and mitigating any of the following: landslide, erosion, seismic, and/orormine hazards, or
hydrogeology, fluvial geomorphology,and river dynamics. A geotechnical professionalshall be
licensed in the State of Washington as an engineering geologist, hydrogeologist, or professional
engineer. In accordance with Washington Administrative Code 308-15-140and196-27-020,
licensed engineering geologists, hydrogeologists, and professionalengineers shall affix their
signatures or seals only to plans or documents dealing with subject matter in which they are
qualifiedby training or experience.
18.10.080H definitions.
“Hydrogeologist” means a person who is qualified to engage in the practice of hydrogeology, has
met the qualifications in hydrogeology established under Chapter 18.220RCW, and has been
issued a license in hydrogeology by the Washington StateGeologist Licensing Board. In
accordance with Washington Administrative Code 308-15-140and 196-27-020, licensed
limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including
seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative
population density or species richness. Counties and cities may also designate locally important habitats
and species.
(b) "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those
areas found to be locally important by counties and cities.
(c) "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the
boundaries of, and are maintained by, a port district or an irrigation district or company.WAC365-190-
030(6).
9
(7) "Forest land" is land primarily devoted to growing trees for long-term commercial timber production
on land that can be economically and practically managed for such production, including Christmas trees
subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term
commercial significance. These lands are referred to in this chapter as forest resource lands to
365-
distinguish between formally designated lands, and other lands used for forestry purposes.WAC
190-030(7).
10
(8) "Frequently flooded areas" are lands in the flood plain subject to at least a one percent or greater
chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These
areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high
(8).
groundwater forms ponds on the ground surface.WAC365-190-030
11
(9) "Geologically hazardous areas" are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential, or industrial
development consistent with public health or safety concerns.WAC365-190-030(9).
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APPENDIX C
hydrogeologists shall affix their signatures or seals only to plans or documents dealing with
subject matter in which they are qualifiedby training or experience.
18.10.090I definitions.
None.
18.10.100J definitions.
None.
18.10.110K definitions.
None.
18.10.120Ldefinitions.
12
“Landslide hazard areas”has the same meaning as in WAC365-190-030(10).
13
“Long-term commercial significance”has the same meaning as in WAC365-190-030(11).
18.10.130M definitions.
14
“Mine hazard areas”has the same meaning as in WAC365-190-030(12).
15
“Mineral resource lands” has the same meaning as in WAC365-190-030(13).
16
“Minerals”has the same meaning as in WAC365-190-030(14).
18.10.140N definitions.
17
“Natural resource lands”has the same meaning as in WAC365-190-030(15).
18.10.150O definitions.
None.
12
(10) "Landslide hazard areas" are areas at risk of mass movement due to a combination of geologic,
topographic, and hydrologic factors.WAC365-190-030(10).
13
"Long-term commercial significance" includes the growing capacity, productivity, and soil composition
of the land for long-term commercial production, in consideration with the land's proximity to population
areas, and the possibility of more intense uses of land. Long-term commercial significance means the
land is capable of producing the specified natural resources at commercially sustainable levels for at least
the twenty-year planning period, if adequately conserved. Designated mineral resource lands of long-term
commercial significance may have alternative post-mining land uses, as provided by the Surface Mining
Reclamation Act, comprehensive plan and development regulations, or other laws.WAC365-190-
030(11).
14
(12) "Mine hazard areas" are those areas directly underlain by, adjacent to, or affected by mine
workings such as adits, tunnels, drifts, or air shafts.WAC365-190-030(12).
15
(13) "Mineral resource lands" means lands primarily devoted to the extraction of minerals or that have
known or potential long-term commercial significance for the extraction of minerals.WAC365-190-
030(13).
16
(14) "Minerals" include gravel, sand, and valuable metallic substances.WAC365-190-030(14).
17
(15) "Natural resource lands" means agricultural, forest and mineral resource lands which have long-
term commercial significance.WAC365-190-030(15).
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APPENDIX C
18.10.150P definitions.
18
“Public facilities”has the same meaning as in WAC365-190-030(16).
19
“Public services”has the same meaning as in WAC365-190-030(17).
18.10.170Q definitions.
None.
18.10.180R definitions.
“RCW” means the Revised Code of Washington, as it now exists or may be amended in the future.
18.10.190S definitions.
“Seiche and landslide generated wave hazard areas” means lake and marine shoreline areas
susceptible to flooding, inundation, debris impact, and/orormass wasting as the result of a seiche
or landslide generated waves. No known best available science is currently available to
characterize potential seiche hazards in Jefferson County.
20
“Seismic hazard areas” has the same meaning as in WAC365-190-030(18).
21
“Species of local importance”has the same meaning as in WAC365-190-030(19).
“SIPZ” means seawater intrusion protection zones.
18.10.200T definitions.
“Tsunami hazard areas” means coastal areas susceptible to flooding, inundation, debris impact,
and/orormass wasting as the result of a tsunami generated by seismic events.
18.10.210U definitions.
22
“Urban growth” has the same meaning as in WAC365-190-030(20).
18
(16) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems,
traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.WAC365-190-030(16).
19
(17) "Public services" include fire protection and suppression, law enforcement, public health,
education, recreation, environmental protection, and other governmental services.WAC365-190-
030(17).
20
(18) "Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake
induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.
(18).
WAC365-190-030
21
(19) "Species of local importance" are those species that are of local concern due to their population
(19).
status or their sensitivity to habitat alteration or that are game species.WAC365-190-030
22
"Urban growth" refers to growth that makes intensive use of land for the location of buildings,
structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of
such land for the production of food, other agricultural products, or fiber, or the extraction of mineral
resources. Urban growth typically requires urban governmental services. "Characterized by urban growth"
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APPENDIX C
18.10.220V definitions.
None.
18.10.230W definitions.
“WAC” means the Washington Administrative Code, as it now exists or may be amended in the future.
23
“Wetland” or “wetlands” has the same meaning as in WAC365-190-030(22).
“Wetland specialist” means a person with experience and training in wetlands issues andwith
experience in performing delineations, analyzing wetland functions and values, analyzing wetland
impacts, and recommending wetland mitigation and restoration. Qualifications include: (1)
Bachelor of Science or Bachelor of Arts or equivalent degree inbiology, botany, environmental
studies, fisheries, soil science, wildlife, agriculture, or related field, and two years of related work
experience, including a minimum of one year experience delineating wetlands and preparing
wetland reports and mitigation plans using the following manuals and guidelines: Federal Manual
for Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers Wetlands Delineation
Manual 1987 edition and corresponding guidance letters, March 1997 Washington State
WetlandsIdentification and Delineation Manual, Washington State Wetlands Rating System for
Western Washington, as now or hereafter amended. Additional education may substitute for one
year of related work experience; or (2) four years of related work experience and training, with a
minimum of two years’ experience. delineating wetlands using the manuals cited above and
preparing wetland reports and mitigation plans. The person should be familiar with the Pierce
County Site Development Regulations, Pierce County Wetland Management Policies, Ordinance
Nos. 88-182 and 89-162, and the requirements of this Title.
“Wildlife biologist” means a person with experience and training within the last ten years in the
principles of wildlife management and with practical knowledge in the habits, distribution,and
environmental management of wildlife. Qualifications include:
(a) Certification as professional wildlife biologist through the Wildlife Society;
refers to land having urban growth located on it, or to land located in relationship to an area with urban
growth on it as to be appropriate for urban growth.WAC365-190-030(20).
23
(22) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites,grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after
July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.
However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to
mitigate conversion of wetlands, if permitted by the county or city.
WAC365-190-030(22).
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APPENDIX C
(b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology,
ecology, zoology, or a related field from an accredited institution and two years of professional
field experience; or,
(c) Five or more years of experience as a practicing wildlife biologist with a minimum of three
years of practical field experience.
18.10.240X definitions.
None.
18.10.250Y definitions.
None.
18.10.260Zdefinitions.
None.
Chapter 18.20
PERFORMANCE AND USESPECIFIC STANDARDS
Sections:
24
JCC 18.20.030Agricultural activities and accessory uses.
(1)Definitions. For the purposes of this section, the definitions in Chapter18.10JCC shall apply.
(2)Agricultural Activities.
(a)Where Allowed. Agricultural activities, as defined above and excepting those related to
recreational marijuana/cannabis, are an allowed use under any of the Comprehensive Plan
land use designations, subject to the provisions of this subsection, except that “processing,”
“packing,” and “sales” are regulated under subsection (3) (Accessory Uses). Agricultural
activities related to marijuana producing, processing and retail are subject to this section and
JCC18.20.295for recreational marijuana/cannabis. Where conflicts occur, the more
restrictive performance standards shall apply.
(b)When Exempt from Permit Process. Agricultural activities are considered a matter of right
and not subject to land use permits or approval from the administrator, except:
(i)Other Applicable Laws and Rules. This section does not exempt the proponent from
acquiring any other required approvals from county, state,or federal agencies, including,
but not limited to, approvals relatedto matters of public health, safety, and welfare.
24
This section is the result of the work of the Regulatory Task Force appointed by the Board of County
Commissioners.
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APPENDIX C
(ii)Critical AreasOrdinance.If there is any conflict between this chapter and Chapter
18.22JCC,the most protective requirement applies.
(iii)Stormwater Management. Jefferson County stormwater management regulations and
procedures are described in JCC18.30.060, Grading and excavation standards, and
JCC18.30.070, Stormwater management standards. These sections pertain to
agricultural activities in the following manner:
(A)Commercial agriculture is exempt from stormwater management minimum
standards pursuant to JCC18.30.070(2) and the referenced Department of Ecology
Stormwater Management Manual for Western Washington (manual).
(B)According to the manual, “commercial agriculture” is defined as:
Those activitiesconducted on lands defined in RCW84.34.020(2), and activities
involved in the production of crops or livestock for wholesale trade. An activity ceases
to be considered commercial agriculture when the area on which it is conducted is
proposed for conversion to a nonagricultural use or has lain idle for more than five
years, unless the idle land is registered in a federal or state soils conservation
program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or
drainage ditches related to an existing and ongoing agricultural activity.
(C)Accordingly, agricultural activities such as land preparation for the cultivation of
crops or the grazing of livestock and the maintenance of agricultural irrigationand
drainageinfrastructure are exempt from meeting the minimum requirements for
stormwater management and from obtaining a stormwater management permit.
(D)This exemption does not apply to new development that is secondarily related to
agriculture and that involves the construction of new structures, such as buildings for
agricultural processing and retail sales, and the addition of impervious surfaces, such
as compacted areas designed to accommodate parking.
(E)This exemption does not apply to the initial clearing of forested land. Conversion
of forested land to some other use incompatible with commercial forestry, as defined
in the Forest Practices Act, Chapter76.09RCW, requires review under
JCC18.20.160,18.30.060and18.30.070. The State Department of Natural
Resources may also require a Class IV general forest practices application.
(iv)Farm Ponds and Irrigation Infrastructure.
(A)Construction or expansion of farm and stock ponds and irrigation ditches and
infrastructure in association with commercial agriculture as defined above is exempt
from meeting stormwater management minimum standards and from obtaining
approval; provided,theseactivities are not conducted in critical areas or critical area
buffers as defined in Chapter18.22JCC. Landowners are encouraged to document
the creation of new exempt ponds through photographs (before, during, and after
construction) in order to facilitate any future development review on the property.
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APPENDIX C
(B)Generally, pursuant to JCC18.30.060(5)(b), drainage improvements constructed
in accordance with JCC18.30.060(2) and18.30.070and construction of a pond of
one-half acre or less which is not in a regulated wetland are exempt from the
stormwater management permit requirement outlined in JCC18.30.070(5).
(v)Livestock Management.
(A)On designated agricultural lands, livestock management is allowed as a matter of
right, except:
(I)Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a consistency review land use permit (i.e., “Yes” or Type
I).
(II)Any activity that meets the state or federal definition for a custom slaughtering
establishment, custom meat facility, or medium concentrated animal feeding
operation (medium CAFO) requires a conditional administrative (C(a)) land use
permit.
(III)Any operation that meets the state or federal definition for a large concentrated
animal feeding operation (CAFO), certified feed lot, public livestock market,
stockyard, warehouse, or grain elevator requires a conditional use (C) land use
permit.
(B)On lands that are not designated agricultural lands, livestock management is
allowed as a matter of right, except:
(I)The slaughter and preparation of between 100 and 1,000 chickens or other fowl
in a calendar year by the agricultural producer of the chickens for the sale of whole
raw chickens by the producer directly to the ultimate consumer at the producer’s
farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall
be prohibited.
(II)Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a conditional administrativeland use permit (C(a)).
(III)Any operation that meets the state or federal definition for a custom
slaughtering establishment, custom meat facility, certified feed lot, public livestock
market, stockyard, warehouse, grain elevator, or medium or large concentrated
animal feeding operation (CAFO) shall be prohibited, except in the heavy industrial
land use designation, where a conditional use (C) land use permit shall be
required.
(C)Facilities for breeding and maintaining working dogs raised for livestock
management purposes are exempt from performance of JCC18.20.060(2), Animal
kennels, catteries, and shelters, in order to allow livestock guardian dogs to work
during nighttime hours. Facilities for breeding and raising dogs for show or sale must
be incidental and accessory to the principal farm activities and meet all of the
performance standards for animal kennels and shelters atJCC18.20.060(2).
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APPENDIX C
(vi)Structures. According to JCC15.05.040(1), certain types of agricultural structures do
not require a building permit from the department of community development.
(A)No county building permit is required for buildings or structures erected exclusively
for the storage of livestock, feed, and/ororfarm implements; provided,these structures
are: freestanding, located at least 10 feet from the nearest structure andnot attached
to any structure, unless attached to another agricultural building; do not contain
plumbing, except as necessary to maintain farm animals; do not contain a heat source,
such as a wood stove or electric heat, unless specifically permitted.
(B)Agricultural buildings that contain plumbing other than that as authorized above
must obtain a plumbing installation permit and health department approval.
(C)Agricultural buildings that contain a heat source for an agricultural purpose must
obtain a wood stove permit or an electrical permit as appropriate.
(D)Agricultural buildings used for the storage of private automobiles, trucks, etc.,
which are not licensed as farm equipment, are considered garages or carports,and
must obtain a building permit.
(E)Agricultural buildings used for the purpose of hosting members of the public for the
purpose of retail sales of agricultural products or machinery constructed on site shall
require a building permit to ensure life safety and structural integrity. If an older
agricultural building constructed under the building permit exemption for agricultural
buildings is proposed for hosting members of the public, the building shall be brought
into compliance with the building code, as determined by the building official.
(F)The building official shall judge whether a proposed structure, a structure under
construction, or a completed structure violates this building permit exemption. A
structure determined to be in violation will be considered a structure subject to the
building code.
(G)Temporary growing structures used solely for the commercial production of
horticultural plants including ornamental plants, flowers, vegetables, and fruits are not
considered structures subject to the State Building Code, Chapter19.27RCW,
pursuant to RCW19.27.065.
(3)Accessory Uses.
(a)General Provisions. Pursuant to RCW36.70A.177:
(i)Accessory uses that support, promote, or sustain agricultural operations and production
shall comply with the following:
(A)Accessoryuses shall be located, designed, and operated so as not to interfere with
natural resource land uses and shall be accessory to the growing of crops or raising
of animals;
(B)Accessory commercial or retail uses shall predominantly produce, store, or sell
regionally produced agricultural products from one or more producers, products
Jefferson County Code DRAFT WORK PRODUCT
Chapter 18.22 CRITICAL AREASSUBJECT TO REVIEWPage13/14
APPENDIX C
derived from regional agricultural production, agriculturally related experiences, or
products produced on site. Accessory commercial and retail uses shall offer for sale
predominantly products or services produced on site; and,
(C)Accessory uses may operate out of existing or new buildings with parking and
other supportive uses consistent with the size and scale of existing agricultural
buildings on the site but shall not otherwise convert agricultural land to nonagricultural
uses.
(ii)Accessory uses may include compatible commercial or retail uses including, but not
limited to:
(A)Storage and refrigeration of regional agricultural products;
(B)Production, sales, and marketing of value-added agricultural products derived from
regional sources;
(C)Supplemental sources of on-farm income that support and sustain on-farm
agricultural operations and production;
(D)Support services that facilitate the production, marketing, and distribution of
agricultural products; and,
(E)Off-farm and on-farm sales and marketing of predominantly regional agricultural
products and experienceslocally made art and arts and crafts, and ancillary retail sales
or service activities.
(b)Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands,
except those for recreational marijuana. All recreational marijuana activities are subject to
specific process approval allowances and prohibitions per JCC18.15.040, Table 3-1, for
recreational marijuana and the performance standards in JCC18.20.295.
(c)Where Prohibited. Accessory uses to agriculture, as defined,and regulated in this section,
are prohibited in all land use districts except agricultural lands. Proposals that would be
classified accessory uses in agricultural lands, such as processing, packing, and sales of
agricultural products, may be considered and approved in other land use districts under
different and appropriate land use classifications, such as commercial use, light industrial use,
home business, cottage industry, or small-scale recreation and tourist use, subject to allowed
and prohibited uses per land use district and the associated permit processes and approval
criteria.
(d)When Exempt from Permit Process. Accessory uses on agricultural lands, except those
for recreational marijuana, are considered a matter of right and not subject to land use permits
or approval from the administrator, subject to the following limitations and provisions in
association with these various use categories:
(i)General. All accessory uses, when exempted from a permit or approval process, shall
be conducted in such a manner that:
Jefferson County Code DRAFT WORK PRODUCT
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APPENDIX C
(A)Parking for all visitors or suppliers is fully accommodated on site in a location and
manner that does not encroach upon or negatively impact critical areas and their
protection buffers and that converts as little prime agriculturalsoil as practicable into
nonagricultural use.
(B)New structures are constructed or existing structures are expanded in a location
and manner that does not encroach upon or negatively impact critical areas and their
protection buffers and that converts aslittle prime agricultural soil as practicable into
nonagricultural use.
(ii)Composting and recycling must be nonhazardous and biodegradable.
(iii)Processing and packing agricultural products if at least 50 percent of the product was
raised or produced on the site or on other Jefferson County parcels, including but not
limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc.,
including cooperative processing and packing involving more than one local farmer.
(iv)Retail and wholesale sales of agricultural products from existing or new farm stands
and farm buildings, including cooperative sales involving more than one local farmer,
subject to the following provisions:
(A)At least 50 percent of the square footage of the undercover, retail display area is
comprised of products from the farm on which the stand is located or from land owned
by the owner of the stand.
(B)If less than 50 percent of the products sold come from the farm on which the sale
occurs, all the products sold must primarily supply local agricultural activities and the
sales must be accessory to the prime function of the land as a farm. Examples are
sale of hay, specialized livestock materials, farm equipment, livestock fencing,
horticultural supplies, etc.
(v)Farm Equipment. Commercial repair and maintenance of farm equipment and sales of
equipment, structures, or machinery manufactured on site for use in agricultural
operations subject to the following provisions:
(A)The activity must be accessory to the main function of the property as a farm.
(B)The activity shall comply with JCC18.20.220(1)(a), (c), and (d), Industrial uses –
Standardsfor site development.
(C)Storage of vehicles, equipment, materials or products not related to agriculture
must meet the requirements of JCC18.20.280, Outdoor storage yards.
(vi)Agritourism. Agriculturally related activities designed to bring the public to the farm on
a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products,
farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm
tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc., subject to the following provisions:
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(A)All activities must be closely related to normal agricultural activities. Activities
which simply adopt an agricultural theme or setting but which are not otherwise a
normal extension of agricultural activities are not permitted as a matter of right;
however, they may be considered under JCC18.20.350, Small-scale recreation and
tourist uses. The following list of uses not permitted as a matter of right is illustrative
but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade
type games and activities, dance halls, stage performances, drinking establishments
that serve alcohol which is not wine produced on site, fireworks, sporting events, caged
wild animals, exhibits, etc.
(B)Temporary events that are not related to agriculture are regulated by
JCC18.20.380, Temporary outdoor uses.
(vii)Classes. Subject to the following provisions:
(A)Classes are clearly accessory to the primary function of the farm.
(B)Classes must not exceed four weeks in length for any single course of instruction.
Schools with classes that exceed four weeks must meet the provisions of subsection
(3)(e)(ii)(B) of this section, addressing agricultural schools.
(C)If students are regularly housed on site for the class, the provisions of
JCC18.20.210, Hospitality establishments, shall apply.
(viii)Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting,
sawing, processing, assembling and selling lumber is limited to timber from the designated
agricultural lands property on which the activity is located and is subject to the regulations
of JCC18.20.230, Lumber mills (portable and stationary).
(e)When Permit Process Is Required.
(i)Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are
best described as one of the uses listed in subsection (3)(d) of this section and yet exceed
or lie outside of the terms and limitations in subsection (3)(d) of this section are considered
discretionary uses (i.e., “D” uses), as defined at JCC18.15.020(1)(b), and subject to a
Type II administrative review as specified in Chapter18.40JCC. The administrator may
classify the proposed use as an allowed “yes” use, conditional administrative use,
conditional use, or prohibited use. The permit process is subsequently conducted pursuant
to Chapter18.40JCC according to the use classification.
(ii)Other Accessory Uses. The following accessory uses may be permitted on designated
agricultural lands subject to a discretionary determination by the administrator (i.e., a Type
II administrative review process for a “D” use); provided,they are located, designed and
operated so as not to interfere with natural resource land uses and subject to the following
provisionsin association with these various use categories:
(A)Permanent and/ororseasonal farm worker housing, in addition to an accessory
dwelling unit; provided:
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(I)The housing is used exclusively for agricultural workers on the farm and their
families or members of the family of the farm owner with at least one member of
each household actively working on the farm.
(II)The housing for farm labor is not sold, leased or rented to the general public
unless the owner applies for and receives a permit for an agriculture-related
recreational or tourist use as specified in JCC18.20.350.
(III)The farm worker housing units are constructedin such a manner that they
meet all applicable regulations for dwelling units for agricultural worker housing.
(IV)A covenant is recorded with the title of the parcel on which the housing is
located in a form satisfactory to the county that specifies that the units are
exclusively for use by farm laborers and their families employed on the property by
the owner. The use of the farm labor dwelling units may be converted to
nonagricultural uses and the covenant removed subject to approval by the
administrator and issuance of any required land use permits.
(V)The accommodations shall not require the extension of public sewer services.
(B)Agricultural schools which offer a program that lasts for more than 30 days per
year per student and which may be the primary function of the land, subject to the
following provisions:
(I)The predominant focus of the curriculum and activities of the school is closely
tied to and dependent upon agricultural activities and facilities on the farm. If the
school has a conventional curriculum and is merely utilizing an agrarian setting, it
does not qualify for location on designated agricultural land.
(II)Agricultural schools under this section which also house students and/oror
faculty for the duration of the course of study must meet the requirements of
JCC18.40.490for a conditional use permit.
(III)Buildings and parking facilities used for the school avoid location on prime
agricultural soils, whenever practicable.
(C)Veterinary clinics or hospitals which have at least a portion of their business
serving large domestic animals necessitating holding pens, paddocks, etc., subject to
the provisions of JCC18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do
not include an on-site, large animal practice are not permitted on land designated
agricultural land.
(D)Farm restaurant when it is a component of the agritourism activities of a farm
subject to the restrictions in JCC18.20.350(1).
(E)Farm campground for fishing or hunting on or near farm property subject to the
regulations in JCC18.20.350(6)(a)(i) through (ix).
(F)Guide services associated with livestock used for trail riding, packing, etc.
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(G)Rural recreational tourist lodging subject to the provisions of JCC18.20.350.
(H)Commercial display gardens subject to the requirements of JCC18.20.350(3).
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APPENDIX C
Chapter 18.22
CRITICAL AREAS
Sections:
Article I. Authority, Purpose, and Intent
18.22.100Authority.
18.22.110Purpose.
18.22.120Intent and Construction of Chapter.
Article II. Administrative Provisions
18.22.200Applicability.
18.22.210Identification and mapping of critical areas.
18.22.220Critical area review process.
18.22.230General exemptions.
18.22.240Nonconforming usesand structures.
18.22.250Variances.
18.22.260Reasonable economic useexceptions.
18.22.270Physical separation –Functional isolation.
18.22.280Adaptive Management.
Article III. Critical Aquifer Recharge Areas
18.22.300Purpose.
18.22.310Classification/designation.
18.22.320Applicability.
18.22.330Protection standards.
Article IV. Frequently Flooded Areas
18.22.400Purpose.
18.22.410Classification/designation.
18.22.420Applicability.
18.22.430Protection Standards -Incorporation by referenceof Chapter 15.15 JCC and additional
requirements.
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Article V. Geologically Hazardous Areas
18.22.500Purpose.
18.22.510Classification/designation.
18.22.520Regulated activities.
18.22.530Protection standards.
18.22.540Required Assessments and Reports.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.600Purpose.
18.22.610Classification/designation.
18.22.620Regulated activities.
18.22.630Protection standards.
Table 18.22.630(1): Stream Buffers.
Table 18.22.630(2): Buffers for Other FWHCAs.
18.22.640Buffer Reductions and Averaging.
18.22.650Habitat management plans–When required.
18.22.660Mitigation.
Article VII. Wetlands
18.22.700Purpose.
18.22.710Classification/designation.
18.22.720Regulated activities.
18.22.730Protection standards.
Table 18.22.730(1) Standard Wetland Buffer Widths.
18.22.740Mitigation.
Table 18.22.740(1):Required Replacement Ratios for Compensatory Wetland
Mitigation.
Article VIIIAgriculture
18.22.800Purpose.
18.22.810Resource Concerns.
18.22.820Applicability and Classification.
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18.22.830Protection Standards.
Table 18.22.830(1):Agriculture Activities Allowances in Wetland/Stream and
Buffers
18.22.840Monitoring and Adaptive Management.
18.22.850Compliance.
18.22.860Limited Public Disclosure.
Article IX.SpecialReports
18.22.900Purpose.
18.22.905General requirements.
18.22.910Waivers.
18.22.915Retaining consultants.
18.22.920Acceptance of specialreports.
18.22.930Critical aquifer recharge area reports.
18.22.940Frequently flooded area reports.
18.22.945Geologically hazardous area reports.
18.22.950Habitat management plan.
18.22.955Process and requirements for designating habitats of local importance as critical
areas.
18.22.960Wetland reports.
18.22.965Critical area stewardship plan reports.
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APPENDIX C
Article I. Authority,Purpose,and Intent
18.22.100Authority.
This chapter is adopted under the authority of Article XI, Section 11 of the Washington State
Constitution, Chapter 36.70RCW, which empowers a county to enact a critical area ordinance
and provide for its administration, enforcement and amendment, and Chapter 36.70ARCW, the
Growth Management Act.
18.22.110Purpose.
25
The purpose of this chapteris to adopt development regulations that protect critical areasthat
are required to be designated under RCW36.70A.170,part ofthe Growth Management Act
(Chapter 36.70ARCW).
18.22.120Intentand Constructionof Chapter.
The intent of this chapter is to complywith the requirements for critical areas in the Growth
RCW),the Growth Management Actimplementing regulations
Management Act (Chapter36.70A
(Chapter365-190WAC),and the Jefferson County Comprehensive Plan.The provisions of this
chapter and all proceedings under it shall be liberally construed with a view to affectits purpose
and intent.
Article II. Administrative Provisions
18.22.200Applicability.
2627
(1) This chapter applies toany land disturbing activity,development,oractivity undertaken on
land located within or containing a critical area or a critical area bufferin Jefferson County.All
persons within Jefferson County shall comply with this chapter.
(2) Jefferson County shall not grantany permit or other approvalto alter a critical area or a critical
area buffer without ensuring compliance with this chapter.
(3) No land disturbing activity, development, or activityon land located within or containing a
critical area or a critical area buffer in Jefferson Countyshall be authorizedwithout full compliance
with the terms of this chapter.
25
Revised definition in JCC 18.10.030: “Critical areas” has the same meaning as in WAC365-190-
030(4).
26
“Land disturbing activity” means any activity that results in movement of earth, or a change in the
existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land
disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction
that is associated with stabilization of structures and road construction shall also be considered a land
disturbing activity. Vegetation maintenance practices are not considered land-disturbing activity.JCC
.
18.10.120
27
“Development” means the division of a parcel into two or more parcels; the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any structure; any grading, excavation,
mining, landfill; or,any extension of the use of land.JCC 18.10.040.
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(4)Areas characterized by a particular critical area may also be subject to other regulations
established by this chapter due to the overlap or multiple functions of some critical areas. When
one critical area adjoins or overlaps another, the more restrictive standards shall apply.
(5)Uses, development,and activities in critical areas or critical area buffers for which no permit
or approval is required by any other provision of the Jefferson County Code nevertheless are
subject to the requirements of this chapter.
(6)When any provision of this chapter is in conflict with any other section of the Jefferson County
Code, the provision that provides most protection to the critical area shall apply, except that any
critical area occurring within the jurisdiction of the Shoreline Management Actalso shall followthe
policies and regulations in Chapter 18.25JCC.
(7) Compliance with these regulations does not remove an applicant from the obligation to comply
with all other applicable federal, state, and/ororlocal regulations.
(8) Any action taken in a critical area or a critical area buffer designated bythis chapter that is in
violation of the standards and conditions contained in this chapter is expressly prohibited.
(9) The requirements of this chapter shall apply concurrently with review conducted under the
State Environmental Policy Act (SEPA) (Chapter43.21CRCW), as locally adopted
(Chapter18.40JCC). Any conditions required pursuant to this chapter shall be coordinated with
the SEPA review and threshold determination.
(10) This chapter applies to all forest practices over which Jefferson County has jurisdiction under
Chapter 76.09RCW and Title 222WAC.
18.22.210Identification and mapping of critical areas.
(1) The approximate location and extent of critical areas within the county are displayed on various
inventory maps available on theJefferson County geographic information system (GIS) web site.
(2) The critical areas maps are provided only as a general guide to alert the viewer to the possible
location and extent of critical areas. These maps shallnot berelied upon exclusively to establish
the existence/absence or boundaries of a critical area, or to establish whether all of the elements
necessary to identify an area as a critical area actually exist.
(3)Thetype, extent and boundaries may be determined in the field by a geotechnicalprofessional,
wetland specialist, wildlife biologistor staff person according to the requirements of this chapter.
In the event of a conflict between a critical area location shown on the county’s maps and that of
an on-site determination, the on-site determination will apply.
(4)To the extent practicable, the county shall ensure that its critical area maps are updated as
inventories are completed in compliance with the requirements of the Growth Management Act
RCW).
(Chapter36.70A
18.22.220Critical area review process.
(1)All applicants for new development are encouraged have a customer assistance meetingwith
the department prior to applying for a permit. Fees for a customer assistance meeting may be
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APPENDIX C
applied towards the application fee for the same project. The purpose of this customer
assistance meeting is to discuss zoning and applicable critical area requirements, to review
any conceptual site plans prepared by the applicant and to identify potential impacts and
mitigation measures. Such conference shall be for the convenience of the applicant, and any
recommendations shall not be binding on the applicant or the county.
(2)The Department shall perform a critical area review for any application submitted for a
regulated activity. Reviews for multiple critical areas shall occur concurrently. For critical areas
within shoreline jurisdiction, critical area review shall occur as part of the shoreline review
process.
(3)The Department shall, to the extent reasonable, consolidate the processing of related
aspects of other County regulatory programs which affect activities in regulated critical areas,
such as subdivision or site development, with the approval process established in this chapter
so as to provide a timely and coordinated review process.
(4)As part of the review of all development or building-related approvals or permit applications,
the Department shall review the information submitted by the applicant to:
(a) Confirm the nature and type of the critical area and evaluate any required assessments,
reports, or studies;
(b)Determine whether the development proposal is consistent with this chapter;
(c) Determine whether any proposed alterations to the site containing critical areas are
necessary; and,
(d) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient
to protect the public health, safety, and welfare consistent with the goals, purposes, objectives,
and requirements of this chapter.
(5)(4)If a proposal has the potential to impacta critical area or a buffer, the administrator
may require a special report pursuant to this chapter. When required, critical area special
reports are subject to the following requirements:
(a) The applicant is required to submit a critical area report prepared by a qualified
professional based on the report requirements of this chapter;
(b) The report will be evaluated to determine if all potential impacts to the critical area or buffer
have been addressed in the critical area report;
(c) Any impacts of the proposed development will be reviewed for compliance with mitigation
28
requirements (as defined in JCC 18.10.130) and determine if the mitigation plan
sequencing
sufficiently addresses the potential impacts; and,
28
Corrected because JCC 18.10.130defines “mitigation, not “mitigation sequencing.” (“Mitigation”
means measures prescribed and implemented to avoid, minimize, lessen, or compensate for
adverse impacts.)
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APPENDIX C
(d) Ensure that the submittal for critical areas is consistent with other documents submitted as
part of the application and that the submittal is consistent with the requirements for a complete
application in Chapter 18.40JCC.
(5) At every stage of the application process, the burden of demonstrating that a proposal is
consistent with this chapter is upon the applicant.
18.22.230General exemptions.
(1) Theactivities listed in JCC 18.22.230(5)are exempt from the requirements of this chapter,
assuming the proposed activity complies with all provisions of the exemption.
(2) The administrator may determine that an activity is closely allied or similar to any activity in
this list even if the proposed does not meet the precise terms of a listed exempt activity. The
administratoris authorized to determine through a Type I permit process whether or not a
development should be classified as an exempt activity and that such an activity does not impact
the functions and values of any critical area or acritical area buffer.
(3)It is the responsibility of the applicant to provide sufficient information for the administrator to
determine that one of the exemptionslisted in JCC 18.22.230(5)applies.
(4) The following activities in critical areas or critical area buffers are exempt from the requirements of
this chapter:
(a)Agriculture,as defined in JCC 18.10.010,may continue in substantively the same manner;
provided,the activity does not result in adverseimpacts to a critical area or a critical area
buffer.Thisexemption shall include maintenance and repair of lawfully established structures,
infrastructure, drainage and irrigation ditches, and farm ponds; provided,maintenancework
does not expand further into a critical area.
(b)Forest Practices. Class I, II, III, and IV special (not Class IV general) forest practices
regulated and conducted in accordance with the provisions of Chapter 76.09RCW and forest
practice regulations, Title 222WAC,except where the lands have been or are proposed to be
converted to a use other than commercial forest product production.
(c)Maintenance –Transportation. Maintenance or reconstruction of existing public or private
roads, paths, bicycle ways, trails, and bridges, provided thatthe maintenance or
reconstruction complies withthe additional requirements in JCC 18.22.230(5).
(d)Maintenance or Reconstruction –On-site Sewage Systems. Maintenance or
reconstruction of on-site sewage systems; provided,the maintenance or reconstruction
complies with the additional requirements in JCC18.22.230(5).
(e)Maintenance –Drainage. Maintenance and repair of existing drainage facilities or systems
and flood control structures, including, but not limited to, ditchesthat do not meet the criteria
for being considered a fish and wildlife habitat conservation area, culverts, catch basins,
levees, reservoirs,and outfalls; provided,the maintenance or repair complies with the
additional requirements in JCC18.22.230(5).
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(f) Utility activities.This exemption is limited to the utility activities listed below; provided,the
utility activitiescomplies with the additional requirements in JCC18.22.230(5):
(i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or,
(ii) Installation, construction, relocation and replacement, operation, repair, or alteration of
all utility lines, equipment, or appurtenances, not including substations, in improved road
rights-of-way.
(g)Reconstruction, Remodeling, or Maintenance –Structures. This exemption is limited to
reconstruction, remodeling, or maintenance of existing structureswithin the footprint of an
existing lawfully established structureprovided the maintenance complies with the additional
requirements in JCC18.22.230(5),work areasare minimized to the fullest extent possible,
work areas are restored to previous conditions as soon as construction is complete,and
staging areas are located outside of allcritical areasand critical area buffers. This exemption
shall not apply if the activity creates or continues a circumstance where personal or property
damage is likely due to conditions of the critical areaor if there is further intrusion into a critical
area or a critical area buffer.
(h) Site Investigative Work. Site investigative work in wetlands, landslide hazard areas,
riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areas, or
their critical area buffersthat is necessary for land use application submittalsor permit
compliance, including but not limited to groundwater monitoring wells, sediment sampling,
surveys, soil borings,shallow soil test pits, and percolation tests involving no fill or use of
heavy equipment; provided, the site investigative work complies with the additional
requirements in JCC18.22.230(5)and excavation for soil logs or percolation tests are filled.
(i) Emergency Action. Action that is taken which is necessary to resolve or prevent imminent
threat or danger to public health or safety, or to public or private property, or serious
environmental degradation; provided,the emergency action complies with the additional
requirements in JCC18.22.230(5). If the nature of the emergency requires immediate action
within a time period too short to allow full compliance with this chapter, the department, as
well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers),
must be notified of the emergency action within one working dayof the initiation of the
emergency action.Any person or agency undertaking emergency action using this exemption
must submit a complete application to departmentfor review and approval within 30 days of
abatement of the emergency, and the ‘after-the-fact’ application must show compliance with
all requirements of this chapter.Any impacts tocritical areas or critical area buffers that are
not mitigated within one year of issuance of an ‘after-the-fact’ permit shall be in violation of
this exemption and may be subject to enforcement actions by the department.
(j) Artificial Wetlands and Artificial Ponds. Artificial Wetlands and Artificial Ponds,provided:
(i)Theartificial wetland or pond does not meet the definition ofwetland or fish and
wildlife habitat conservation area;and,
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(ii)The artificial wetland or pond was not historically constructedfrom a wetland or
fish and wildlife habitat conservation area (without receiving all applicable permits
to modify the critical area).
(k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other
29
irrigation structures and facilitiesthat do not require a state hydraulic permitand do not meet
the criteria for being designated a fish and wildlife habitat conservation area; provided,the
maintenance or repair complies with JCC 18.22.230(5).
(l)Passive Recreation.Passiverecreation, when the activity does not cause adverse impacts.
Examples include, but are not limited to, such recreational usesasswimming,
canoeing/kayaking, hunting,and fishing (pursuant to state law), bird watching, hiking, and
bicycling.
(m) ExistingResidential Landscaping. Planting, irrigating, mowing,pruning,and maintenance and
repair of land scaping structures; provided,these activities are part of existing normal residential
landscaping activities and no building permit is requiredand the landscaping complies with JCC
18.22.230(5). This exemption does not allow any additional intrusion,expansion,or introduction
of non-native species into a critical area or a critical area buffer.
(n)Noxious Weed Control. Removal or eradication of noxious weeds listed in Chapter 16-750
WAC.Such activityis the responsibility of the landowner; provided, the following conditions
are met:
(i) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson
County noxious weed control board. The Jefferson County noxious weed control board
shall coordinate with the department of planning and community development for the
control of noxious weeds in wetlands.
(ii) All herbicide applications in aquatic environments shall conform to the rules of the
Department of Ecology, Department of Agriculture and Department of Natural Resources,
pursuant to Chapters16-228,173-201a, and 222-38
WAC.
(o)Harvestingof Wild Crops. Theharvesting of wild crops; provided,thatthe harvesting:
(i)Is not injurious to natural reproduction of such crops;
(ii)Does not require tilling soil, planting crops, or changing existing topography, water
conditions, or water sources;and,
(iii)Doesnot have any adverse impacts on protectionof the critical area or a critical area
buffer.
(p)Planting Native Vegetation. The enhancement of a critical area bufferby planting native
vegetation.
(q)New Trails. The construction of new, unpaved, non-motorizedtrails when located in the
outer 25% ofa wetland or a fish and wildlife habitat conservation areaortheircritical area
29
Inserted per 1/14/2020 WDFW comments.
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APPENDIX C
buffers; provided,the new trailisno wider than five feet.This exemption shall not applywithin
a frequently flooded areaor its critical area buffer, where development must follow FEMA
requirements, or within a geologically hazardous area or its critical area buffer if the new trail
will be for public use.
(r)NavigationAids and Boundary Markers.Installation of navigation aids and boundary
markers;provided,they are installed in accordance with applicable state and federal laws or
the installation of mooring buoys in accordance with the Department of Fish and Wildlife
design guidelines and the Jefferson County Shoreline Management Program (Chapter 18.25
JCC).
(5)Additional Protection and Restoration Requirements.Where compliance with this section is
required by a section above, all of the following requirements must be met:
(a) Prior to the start of the activity for which an exemption is sought, the applicant must submit
to the department a written description of the activity that includes at least the following
information:
(i)Type, timing, frequency, and sequence of the activity to be conducted;
(ii) Type of equipment to be used (hand or mechanical);
(iii) Manner in which the equipment will be used; and,
(iv) The best management practices to be used.
The written description shall be valid for five years; provided,there is no significant change in
the type or extent of the activity.
(b) The activity cannot furtheralter, impact, or encroach upon critical areas or critical area
buffersand no reasonable or practicable alternative exists.
(c) The activity cannot furtheraffect the functions of a critical area or a critical area buffer, and
no reasonable or practicable alternative exists.
(d)Best management practices mustbe implemented to minimize impacts to critical areas
and critical area buffers during the activity.
(e)Disturbed critical areas and critical area buffers mustbe restored immediately after the
activityis complete.
(f) Anyimpacts of the activity to a critical area or a critical area buffer must be mitigated, as
approvedby the administrator.
(5)The administrator has the authorityto:
(a)Request information from an applicant to ensure compliance with exemption requirements;
(b)Determine whether or not an application meets the exemptions listed below; and,
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APPENDIX C
(c)Take enforcement action for any land disturbing activity, development, or action
undertaken on land located within or containing a critical area or a critical area buffer in
Jefferson Countythat does not meet exemption requirements.
18.22.240Nonconforming usesand structures.
(1) Any legal use or legal structure in existence on the effective date of this chapterthat does not
meet the critical area or critical area bufferrequirements of this chapter for any designated critical
area shall be considered a legal nonconforming use.
(2) Any use or structure for which an application has vested or for which a permit has been
obtained prior to the effective date of this chapter,that does not meet the critical area buffer
requirements of this chapter for any designated critical area, shall be considered a legal
nonconforming use.
(3) A legal nonconforming use or structure may be maintained or repaired as allowedby this
chapterand the nonconforming provisions of JCC 18.20.260.
18.22.250 Variance
(1)Requests for relief from the dimensional or performance standards of this chapter shall require
a critical areas variance which shall be processed as a Type III permit; provided:
30
(2)The Hearing Examiner in accordance withChapter 2.30JCC2.30.070shall have the
authority to grant a variance from the requirements of this chapter when, in the opinion of the
Hearing Examiner, all of the following criteria have been met:
(a)There are special circumstances applicable to the subject property or to the intended use
such as shape, topography, location, or surroundings that do not apply generally to
surrounding properties or that make it impossible to redesign the project to preclude the need
for a variance;
(b)The applicant has avoided impacts and provided mitigation to the maximum practical
extent;
(c)Thecritical areabuffer reduction proposed through the variance is the minimum necessary
to accommodate the permitted use;
(d)Granting the variance will not be materially detrimental to the public welfare or injurious to
the property or improvement;.
(e)Granting the variance is necessary to ensure consistency with the Comprehensive Plan
and any attendant public service obligations;.and,
(f)No other practicable or reasonable alternative exists.
30
JCC 2.30.070discusses theHearing Examiner Rules of Procedure. Better to cite to the
whole chapter, so all the Hearing Examiner code and the Hearing Examiner Rules of Procedure
are included.
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(2)In lieu of criteria (a)(i)-(vi), above, an applicant may pursue a critical area variance through
proof of all of the following criteria:
(a)The applicant has avoided impacts and provided mitigation, in accordance with this
chapter, to the maximum practical extent;.
(b)The variance will not adversely impact receiving water quality or quantity;.
(c)The variance will not adversely impact any functional attribute of the critical area;.
(d)The variance will not jeopardize the continued existence of species listed by the Federal
government or the State as endangered, threatened, sensitive, or documented priority species
or priority habitats; and,.
(e)The variance is based on the criteria and standards referenced in this chapter.
18.22.260Reasonable economic use exceptions.
(1) Permit applicants for a property so encumbered by critical areas and/ororbuffers that
application of this chapter, including buffer averaging, buffer reduction, or other mechanism,
would deny all reasonable economic usemay seek approval pursuant to the reasonable economic
usestandards and procedures provided in this section.
(2) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the
application of this chapter would deny all reasonable economic use of the subject property,
including agricultural use, use or development shall be allowed if it is consistent with the zoning
code and the purposes of this chapter.
(3) To qualify as a reasonable economic use, the technical administrator or hearing examiner, as
appropriate, must find that the proposal is consistent with all of the following criteria:
(a). There is no portion of the site where the provisions of this chapter allow reasonable
economic use, including agricultural use or continuation of legal nonconforming uses;
(b) There is no feasible alternative to the proposed activities that will provide reasonable
economic use with less adverse impact on critical areas and/ororbuffers;.
(c) Activities will be located as far as possible from critical areas and the project employs all
reasonable methods to avoid adverse effects on critical area functions and values, including
maintaining existing vegetation, topography, and hydrology. Where both critical areas and
buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical
area;
(c) The proposed activities will not result in adverse effects on endangered or threatened
species as listed by the federal government or the state of Washington, or be inconsistent
with an adopted recovery plan;
(d) Measures shall be taken to ensure the proposed activities will not cause degradation of
groundwater or surface water quality, or adversely affect drinking water supply;
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(e) The proposed activities comply with all state, local and federal laws, including those related
to erosion and sediment control, pollution control, floodplain restrictions, and on-site
wastewater disposal;
(f) The proposed activities will not cause damage to other properties;
(g) The proposed activities will not increase risk to the health or safety of people on or off the
site;
(h) The inability to derive reasonable economic use of the property is not the result of
segregating or dividing the property and/ororcreating the condition of lack of use; and,
(i) The project includes mitigation for unavoidable critical area and buffer impacts in
accordance with the mitigation requirements of this chapter.
18.22.270Physical separation –Functional isolation.
(1) Exclusion for Functionally Isolated Critical Areas Buffers. Subject tothe limitations in
subsection (2), critical areasbuffersthat are both physically separated and functionally isolated
from a critical area and do not protect the critical area from adverse impacts shall be excluded
from critical area buffers otherwise required by this chapter. Functional isolation can occur due to
existing public roads, structures, vertical separating, or any other relevant physical characteristic.
(2) Limitations on Functional Isolation.
(a) Functional isolation shall be limited to wetland buffers and fish and wildlife habitat
conservation area buffers only.
(b) Functional isolation shall not be used in geologically hazardous areas,critical aquifer
recharge areas or frequently flooded areas.
(3) Special Report May be Required. The administrator may require a special reportto determine
whether acritical area bufferis functionally isolated.
18.22.280Adaptive Management.
Adaptive management relies on scientific methods to evaluate how well regulatory and
nonregulatory actions achieve their objectives and adjuststhose programs. Management, policy,
and regulatory actions are treated as experiments that are purposefully monitored and evaluated
to determine whether they are effective and, if not, how they should be improved to increase their
effectiveness. An adaptive management program is a formal and deliberate scientific approach
to taking action and obtaining information in the face of uncertainty. To effectively implement an
adaptive management program, Jefferson County, in support of this chapter will:
(1) Address funding for the research component of the adaptive management program;
(2) Change course based on the resultsand interpretation of new information that resolves
uncertainties; and,
(3) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and
nonregulatory actions affecting critical areas protection and anadromous fisheries.
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APPENDIX C
Article III. Critical Aquifer Recharge Areas
18.22.300Purpose
Potable water is an essential life-sustaining element for humans and many other species. Much of
Jefferson County’s drinking water comes from groundwater supplies. Critical aquifer recharge areas
are important to ensure the quality and quantity of groundwater inaquifers. Preventing
contamination from land uses that may contaminate groundwater is necessary to protect water
supplies and avoid exorbitantcosts, hardships and physical harm to people and ecosystems. It is
the purpose of this article to identify and classify aquifer recharge areas in accordance withWAC
365-190-100and balance competing needs for land uses, cleanwater supplies and preserve
essential natural functions and processes, especially for maintaining critical fish and wildlife
habitat conservation areas.
18.22.310Classification/designation.
Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable to
contamination that would affect the potability of the water, or is susceptible to reduced recharge.
Critical areas aquifer recharge area maps shall be periodically revised, modified, and updated to
reflect current information.
The following classifications define critical aquifer recharge areas:
(1) Susceptible aquifer recharge areas. Susceptible aquifer recharge areas are those with
geologic and hydrologic conditions that promote rapid infiltration of recharge waters to
groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation
of an aquifer recharge area report authorized under this article, the following geologic units, as
identified from available State of Washington Department of Natural Resources geologic
mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) Aluvialfans (Ha);
(b) Artificial fill (Hx);
(c) Beach sand and gravel (Hb);
(d) Dune sand (Hd);
(e) Floodplain alluvium (Hf);
(f) Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) Vashon recessional outwash in melt water channels (Vro);
(h) Vashon ice contact stratified drift (Vi);
(i) Vashon ablation till (Vat);
(j) Vashon advance outwash (Vao);
(k) Whidbey formation (Pw); and,
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(l) Pre-Vashon stratified drift (Py).
(2)Special Aquifer Recharge Protection Areas. Special aquifer recharge protection areas include:
(a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in
accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. §300f et seq
.), such as
Marrowstone Island;
(b) Special protection areas designated by the Washington Department of Ecology under
Chapter 173-200WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies
specified by the Washington Department of Health under authority of Chapter 246-290
WAC;
(d) Groundwater management areas designated by the Washington Department of Ecology
in cooperation with local government under Chapter 173-100WAC.
(3)Seawater Intrusion Protection Zones(SIPZ).
(a) Seawater intrusion protection zones (SIPZ) are:
(i) Aquifers and land overlying aquifers with some degree of vulnerability to seawater
intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to
groundwater sources that have demonstrated high chloride readings.
(ii)All islands and land area within one-quarter mile of marine shorelines and associated
aquifers together compose the coastal SIPZ.
(b) High Risk SIPZ.
(i) Existing individual groundwater sources with a history of chloride analyses above 200
mg/L are categorized as a high risk SIPZ for development proposed under this code.
(ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses
above 200milligrams per liter (mg/L) are categorized as ahigh risk SIPZfor development
proposed under this code.
(c) At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride
analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development
proposed under this code.
(d) Connate Seawater Exception.In some cases, high chloride readings may be indicative of
connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When
best available science or a hydrogeologic evaluation demonstratesthat high chloride readings in
a particular area are due to connate seawater, the area in question shall not be considered an at
risk or high risk SIPZ.
(c) Recommendation from Public Health Department. When the status of an area as either a high
risk or an at risk SIPZ is in question, the administrator is responsible for making the determination
based upon recommendation from the Jefferson CountyDepartment of Public Health.
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18.22.320Applicability.
This article applies to any development within critical aquifer recharge areas, unless the proposed
activity meets any of the exemptions listed in JCC 18.22.230.
(2) Other Activities. The following activities, whenproposed inacriticalaquifer recharge area shall
besubject to the protection standards in this article:
(a) All industrial and commercial land useswith the potential to impact groundwater;
(b) The following rural residential land uses:
(i)Those using a locally managed community sewage system;
(ii)Those using a large on-site sewage systemmeeting the management requirements of
the State Department of Health;and,
(iii) All plannedrural residential developments.
18.22.330Protection standards.
The following protection standards shall apply to activities; provided, the activity is not prohibited
in JCC 18.22.320.
(1) Critical Area Aquifer Recharge High Impact Activities.
(a) High Impact ActivitiesListed. The activities listed in Table 18.22.330(1) high impact
activities due to the probability and/ororpotential magnitude of their adverse effects on
groundwater.
Table 18.22.330(1)—Critical Area Aquifer Recharge High ImpactActivities
Critical Area Aquifer Recharge High Impactactivates
Chemical manufacturing and reprocessing
Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be
permitted in susceptible aquifer recharge areas only if such areas lie outside of special
aquifer recharge protection areas and only if best management practices are
implemented pursuant to JCC 18.20.240 (2)(h)(iv)and JCC 18.30.170(1)and an
accepted aquifer recharge area report)
Dry Cleaners
Electrical battery processing, reprocessing or storage
Electroplating and metal coating activities
Hazardous substance disposal, storage,and treatment facilities
Junk and Salvage Yards
Landfills
Petroleum product refinement and reprocessing
Pipelines
Radioactive disposal or processing of radioactive wastes
Recycling centers or recycling collection facilities as defined in JCC 18.10.180
Storage tanks (above or below ground) for hazardous substances or petroleum products
Waste piles as defined in WAC 173-303-660
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Wood and wood products preserving
(b) High Impact Activities Prohibited in Areas Classified as Both a Susceptible Aquifer
Recharge Area and a Special Aquifer Recharge Protection Area. High impact activities shall
be prohibited in areas that are classified as both a susceptible aquifer recharge area and a
special aquifer recharge protection area.
(c) High Impact Activities Proposed in Areas Classified Solely as a Susceptible Aquifer
Recharge Area Require a Critical Aquifer Recharge Report.When high impact activities are
proposed for a susceptible aquiferrecharge area, acritical aquifer recharge reportthat meets
all the requirements of JCC 18.22.930 shall be submitted to the departmentfor review.
(d) High Impact Activities Proposed in Areas Classified Solely as a Special Aquifer Recharge
Protection Area Require an Aquifer Recharge Area Report. When high impact activities are
proposed for a special aquifer recharge protection area, a critical aquifer recharge report that
meets all the requirements of JCC 18.22.930 shall be submitted to the department for review.
(2) Seawater Intrusion Protection Zones. New development, redevelopment, and activities on
islands and in close proximity to marine shorelines where there is a risk or a high risk of seawater
intrusion should be developed in such a manner to maximize aquifer recharge,maintain the
saltwater/freshwater balance to the maximum extent possible, and are subject to the
antidegradation policy in accordance with WAC 173-200-030(Antidegradation Policy).
(3) Stormwater Disposal.
(a) Stormwater runoff shall be controlled and treated in accordance with best management
practices and facility design standards as identified and defined in the current Stormwater
Management Manual for Western Washingtonand the stormwater provisions contained in
Chapter 18.30JCC.To the extent practicable, stormwater should be managed in a way that
31
facilitates aquifer recharge.
(b) To help prevent seawater from intruding landward into aquifers, all new development
activity onMarrowstone Island and within one-quarter mile of any marine shoreline shall be
required to infiltrate all stormwater runoff on site, except for those areas within the Port Ludlow
Drainage District. The administrator will consider requests for exceptions to this policy on a
case-by-case basis; provideda critical area recharge report that complies with all the
requirements of JCC 18.22.930 demonstrates the project does not pose a threat of seawater
intruding landward into aquifers.
(4) Golf Courses and Other Turf Cultivation.
(a) Golf courses shall be developed and operated in a manner consistent with the most current
edition of “Best Management Practices for Golf Course Development and Operation,” King
County department of development and environmental services.
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(b) Recreational and institutional facilities (e.g., parks and schools) with extensive areas of
cultivated turf shall be operated in a manner consistent with portions of the aforementioned
best management practices pertaining to fertilizer and pesticide use, storage, and disposal.
In seawater intrusion protection zones, golf courses and other turf cultivation using
groundwater for irrigation shall be prohibited, unless the water source is located outside of
seawater intrusion protection zones or in an approved public water supply.
(5) Above-Ground Storage and Underground Storage Tanks.
(a)Above-ground and underground storage tanks shall be fabricated, constructed, installed,
used and operated in a manner which prevents the release of hazardous substances to the
ground or groundwater and be consistent with the Department of Ecology’s standards for
construction and installation under Chapter 173-360A
WAC.
(b)Above-ground storage tanks intended to hold or store hazardous substances shall be
provided with an impervious containment system, enclosing and underlying the tank; or,
ensure that other measures are undertaken as prescribed by the Uniform Fire Code which
provide an equivalent measure of protection.
(c)Underground storage tanks intended to store hazardous substances shall provide an
impervious tertiary containment system underlying the tanks or ensure that other measures
are undertaken which provide an equivalent measure of protection.
(d) When required under this section, animperviouscontainment system must be durable,
compatible with the substanceit is meant to contain, and large enough to contain a volume
equal to 10 percent of all containers, or 110 percent of the largest single container, whichever
is greater.
(6) Mining and Quarrying. For mining and quarrying,required performance standards with
groundwater protection best management practices pertaining to operation, closure, and the
operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt
concrete batch plants, where allowed, are contained in Chapters 18.20and 18.30
JCC.
(7) Hazardous Substances.Activitiesthat generate, handle, store, orhazardous substances,
which are not prohibited outright under this code, and which are conditionally exempt from
regulation by the Washington Department of Ecology under WAC 173-303-100(Dangerous
Waste Criteria), or which generate, handle, store or use hazardous substances, shall be required
to prepare and submit a hazardous substances management plan that demonstrates that the
development will not have an adverse impact on groundwater quality. The hazardous substances
management plan shall describethe following:
(a) How hazardous substance(s)will be managed in a manner consistent withChapter 8.10
JCC and Chapter173-303WAC;
(b) Screening of any waste suspected of being a regulated dangerous waste as defined in
JCC8.10.100;
(c) Requirements for labeling of containers holding hazardous substances with the name of
the hazardous substance(s) and the applicable Material Safety Data Sheets; and,
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(d) The secondary containment system to be used to prevent releases of hazardous
substances to the ground, groundwater,and surface water.
The facility owner must update the hazardous materials management plan annuallyand provide
st
the updated plan to the department on or before the next January 1, after the plan is updated.
32
(8) Well Drilling, Land DivisionSubdivisionsf,and Building Permits in Seawater Intrusion
Protection Zones(SIPZ).
(a) Well Drilling. The Washington State Department of Ecology regulates well drilling pursuant
to the Water Well Construction Act. Proposed wells, including those exempt from permitting
requirements, must be sited at least 100 feet from “known or potential sources of
contamination,” which include “sea-salt water intrusion areas” (WAC 173-160-171), unless a
variance is obtained from Ecology per WAC 173-160-106.
(b) Subdivisions. Applications for land division (Chapter 18.35 JCC) in coastal, at risk, and
high risk SIPZ must include specific and conclusive proof of adequate supplies of potable
33
water andthrough a the applicant must provide a special report that satisfiesall the
requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b)that
demonstratesthat the creation of new lots and corresponding use of water will not cause
degradation of the in the aquifer by seawater intrusion.A hydrogeologic evaluationshall not
be required when the applicant demonstrates that public water is availablefor the entire
project.
(c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and
the existence of undeveloped lots of record, the department, in consultation with Jefferson
County Environmental Public Healthwill only allow land division on the island if public water
connections are provided to each lot of a proposed project and all existing wellswithin the
project siteare decommissioned. No permit shall be approved if a public water connection to
each lotof a proposed projectcannot be provided.
(d) Building Permits.
(i) Evidence of potable water may be an individual well, connection to a public water
system, or an alternative system. Whatever method is selected, the regulatory and
operational standards for that method mustbe metand the department will work in
consultation with the Jefferson County Public HealthDepartmentand iIdentification of well
interference problems and impairment to senior rights is the responsibility of the
Washington Department of Ecology. If the possibility of a problem is suspected, the local
permitting authority should contact Ecology, as required by RCW 19.27.097.
(ii) All types of building permits that require proof of potable water use, as per RCW
19.27.097,are subject to this article.
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Revised by staff to be consistent with development standard title.
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Staff clarification.
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(e) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy
apply to applicationswithin thecoastal, at risk, and high risk SIPZ, and upon Marrowstone
Island, in the following manner, in addition to all existing applicable health codes:
(i) Coastal SIPZ.
(A) Voluntary Actions.Voluntary actions may include but are not limited to:
(I) Water conservation measures;
(II) Ongoing well monitoring for chloride concentration;and,
(III) Submittal of data to the county.
(B) Mandatory Actions.
(I) For proof of potable water on a building permit application, applicant must utilize
DOH-approved public watersystem if available;
(II) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may be used as proof of potable
water subject to the following requirements:
1. Chloride concentration ofa laboratory-certified well water sample submitted
with building permit application;and,
2. Installation of source-totalizing meter (flow).
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(ii) At Risk SIPZ.
(A) Voluntary Actions.
(I) Water conservation measures.
(B) Mandatory Actions.
(I) For proof of potable water on a building permit application, the applicant must
utilize a Washington Department of Health-approved public water system if
available;
(II) If public water is unavailable, meaning the subject property is not within a
current water service area, an individual well may be used as proof of potable
water subject to the following requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted
with building permit application;
2. Installation of a source-totalizing meter (flow);and,
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APPENDIX C
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iii) High Risk SIPZ.
(A) Mandatory Actions.
(I) Water conservation measures;
(II) For proof of potable water on a building permit application, applicant must utilize
a Washington Department of Health-approved public water system if available;
and,
(III) If public water is unavailable,meaning the subject property is notwithin a
current water servicearea,an individual well may only be used as proof of potable
water subject to the following requirements:
WAC
1. Variance from the Title 173WAC standards granted by Ecology per
173-160-106for a new groundwater well within 100 feet of a sea-salt water
intrusion area per WAC 173-160-171(i.e., within 100 feet of a groundwater
source showing chloride concentrations above 200 mg/L or within 100 feet of
the marine shoreline)and with the submittal of a hydrogeologic evaluation that
satisfiesall the requirements or a hydrogeologic evaluation contained inJCC
18.22.930(2)(b);
2.For an existing groundwater well not subject to an Ecology variance, the
applicant must provide ahydrogeologic evaluation that satisfiesall the
requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b),
which shall be transmitted to Ecology for review, demonstrating that use of the
well does not cause any detrimental interference with existing water rights and
is not detrimental to the public interest;
3. Chloride concentration of a laboratory-certified well water sample submitted
with building permit application;
4. If chloride concentration exceeds 250 mg/L in a water sample submitted for
a building permit, then the property owner shall be required to record a
restrictive covenant that indicates a chloride reading exceeded the U.S.
Environmental Protection Agency secondary standard (250 mg/L) under the
National Secondary Drinking Water Regulations;
5. Installation of a source-totalizing meter flow;
6. Ongoing well monitoring for chloride concentration;and,
7. Submittal of flow and chloride data to the county per monitoring program;
and,
(IV) If public water is unavailable, a qualifying alternative system may be used as
proofof potable water.
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(iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk
SIPZ, and the island is served by public water, proof of potable water connection to the
public water supply will be requiredfor all lots in the project.
(9) Mitigating Conditions. The administrator may require additional mitigating conditions, as
needed to provide protection to all critical aquifer recharge areasandto ensure that the subject
land or water use action will not pose a risk of significant adverse groundwater quality impacts.
The determination of significant adverse groundwater quality impacts will be based on the anti-
degradation policy included in Chapter 173-200WAC.
(10) Results of Department’s Review of a Critical Area Recharge Report, a Hydrogeologic
Evaluation or a Hazardous Substances Management Plan. The department shall reviewa critical
area recharge report, a hydrogeologic evaluation or a hazardous substances management plan
and either:
(a) Accept the critical area recharge report, the hydrogeologic evaluation or the hazardous
substances management plan and approve the application; or,
(b) Reject the critical area recharge report, the hydrogeologic evaluation or the hazardous
substances management plan and require revisions or additional information.
(11) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval
if the protection standards contained in this section or added mitigating conditions cannot prevent
significant adverse groundwater quality impacts.
Article IV. Frequently Flooded Areas
18.22.400Purpose
The purpose of this article is to protect the public health, safety and welfare from harm caused by
flooding and to establish protection standards for these areas. It is the intent of this article to
prevent damage and/ororloss to both public and private property.
18.22.410Classification/designation.
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater
chance of flooding in any given year, or within areas subject to flooding due to high groundwater.
These areasinclude, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and
areas where high groundwater forms ponds on the ground surface.Frequently flooded areas
perform important hydrologic functions and may present a risk to persons and property.Flood
hazard areas are depicted on the Federal Emergency Management Agency’s Federal Insurance
Rate Maps (FIRMs).FIRMs display areas of concern including areas that fall within the 100-year
flood plain designations of the Federal Emergency Management Agency and the National Flood
Insurance Program.
18.22.420Applicability.
These standards apply to any development within frequently flooded areas, unless the proposed
activity meets any of the exemptionslisted in Chapter 15.15JCC.The flood damage prevention
ordinance (Chapter 15.15JCC) conforms with the intent of the minimum guidelines (WAC365-
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APPENDIX C
190-110(1)) through directly considering the effects of flooding on human health and safety,
together with effects on public facilities and services, through its protection standards. For
purposes of this article, development is defined as any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, storage of equipment or materials,
subdivision of land, removal of more than five percent of the native vegetation on the property, or
alteration of natural site characteristics.
18.22.430Protection standards -Incorporation by referenceof Chapter 15.15 JCC and
additional requirements.
This article incorporates by reference the classification, designation and protection provisions
contained in the Jefferson County flood damage preventionordinance (Chapter 15.15JCC) with
the following additions:
(1) Compliance with FIRMs. TheFIRMsidentified in the flood damage preventionordinance
(Chapter 15.15JCC)shall be used to determineflood hazard areas for compliance with the
Federal Emergency Management Agency (FEMA) regulatory requirements. Such flood hazard
areas shall be subject to the criteria of the flood damage preventionordinance(Chapter 15.15
JCC).
(3) Compliance with National Marine Fisheries Service Biological Opinion.
Development proposed withinregulated frequently flooded areas and floodplains shall ensure no
impacts to listed fish and wildlife habitat as required by the National Marine Fisheries Service
(NMFS) September 22, 2008 final Biological Opinion (BiOp) under the Endangered Species Act
(ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.:
2006-00472(or as amended by NMFS).
(4) Habitat Assessment Requirements.
(a) A habitat assessment that meets all the requirements of JCC 18.22.940shall be submitted
to the department for review if any portion of the proposed project occurs within a Special
Flood Hazard Area (floodplain), as mapped by the Federal Emergency Management Agency
(FEMA)..
(b) The administrator may request federal assistance in reviewing the submitted habitat
assessment.
(c) The administrator may waive the requirement to submit a habitat assessmentonly if:
(i) The entire proposal meets one of the exemptions listed in Chapter 15.15JCCand does
34
not require a state hydraulic permit;
(ii) The proposal requires a federal permit that is reviewed by federal agencies responsible
for ensuring compliance with the Endangered Species Act(this could include, but is not
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limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of
the Endangered Species Act);
(iii) A habitat assessment previously has been preparedand the proposed project clearly
fits within the nature and scope of that habitat assessment; or,
(iv) IfFEMA approves an alternate process for Jefferson County to demonstrate
compliance with the Biological Opinion(such as a programmatic review),this department
may waive the requirement to submit a habitat assessment.
Article V. Geologically Hazardous Areas
18.22.500Purpose.
The purpose of this article is to reduce risks to human life and safety and reduce the risk of
damage to structures and property from geologic hazards, to allow for natural geologic processes
supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land
use and planning decisions. It is recognized that the elimination of all risk from geologic hazards
is not feasible to achieve but the purpose of this article is to reduce the risk to acceptable levels.
18.22.510Classification/designation.
Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential, or
industrial development consistent with public health or safety concerns. Unless specifically noted
below, principal sources of geologically hazardous areas mapped information are the Washington
Department of Natural Resources (DNR) Geologic Hazard Maps
(https://www.dnr.wa.gov/programs-and-services/geology/geologic-hazards/geologic-hazard-
maps).
(1) The following aregeologically hazardous areas and subject to the standards of this article
35
:
when mapped as high or moderate geologically hazardous areas
(a) Erosion Hazard Areas(as defined in JCC 18.10.50).
(b) Landslide Hazard Areas(as defined in JCC 18.10.120). Landslide hazard areas include
any areas susceptible to landslide because of any combination of bedrock, soil, slope
(gradient), slope aspect, structure, hydrology, or other factors, as follows:
(i) Areas of historic failures, such as:
(A) Areas delineated by United States Department of Agriculture, Natural Resources
Conservation Service as having a significant limitation for building site development;
36
as unstable,
(B) Coastal areas mapped by the Department of Ecology Coastal Atlas
unstable old slides, and unstable recent slides in; or,
35
Inserted by staff after public hearing; was unintentionally omitted and now appears throughout this
article.
36
Reinserted bysStaff; wasremoved from Planning Commissiondraft as too outdated,but no known
other source is available.
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(C) Areas designated and mapped as quaternary slumps, earthflows, mudflows,
lahars, or landslide hazards by the Washington State Department of Natural
Resources or the United States Geological Survey.
(ii) Areas where all three of the following conditions occur:
(A) Slopes are steeper than 15 percent;
(B) Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and,
(C) Spring or groundwater seepage.
(iii) Areas that have shown movement during the Holocene epoch (from 10,000 years ago
to present) or have been underlain or covered by mass wastage debris of this epoch.
(iv) Areas with slopes that are parallel or subparallel to planes of weakness (such as
bedding planes, joint systems, and fault planes) in subsurface materials.
(v) Areas with slopes having gradients steeper than 80 percent subject to rockfall during
seismic shaking.
(vi) Areas that are potentially unstable as a result of rapid stream incision, stream bank
erosion, and undercutting by wave action, including stream channel migration zones.
(vii) Areas that show evidence of, or are at risk from, snow avalanches.
(viii) Areas located in a canyon or on an active alluvial fan, presently or potentially subject
to inundation by debris flows or catastrophic flooding.
(ix) Areas with a slope of 40 percent or steeper and witha vertical relief of 10 or more feet,
except areas composed of bedrock.
(c) Seismic Hazard Areas(as defined in JCC 18.10.190).
(d) Channel Migration Zones (CMZs)(as defined in JCC.18.10.030).
(d) Seiche and Landslide Generated Wave Hazard Areas(as defined in JCC 18.10.190).
(e) Tsunami Hazard Areas (as defined in JCC 18.10.200).
(f)Other geologic events, such as coal mine hazards and volcanic hazards are not a known
risk in Jefferson County, and are therefore, not subject to review as part of the permitting
process.
18.22.520Regulated activities.
This article applies to any development withina geologically hazardous area, unless the proposed
activity meets any of the exemptions listed in JCC 18.22.230.
(1) Any development activity or action requiring a project permit or any clearing within an erosion
or landslide area shall:
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(a) Comply with the requirements in an approved geotechnical report when one is required,
including application of the largest buffer and/ororbuilding setback;
(b) Utilize best management practices (BMPs) and all known and available technology
appropriate for compliance with this chapter and typical of industry standards;
(c) Prevent collection, concentration or discharge of storm water or groundwater within an
erosion or landslide hazard area and be in compliance with JCC 18.30.070(Storm Water
Management Standards);and,
(d) Minimize impervious surfaces and retain vegetation to minimize risk of erosion or
landslide hazards.
(2) Any development activity or action requiring a project permit or any clearing within an erosion
or landslide area shall not:
(a) Result in increased risk of property damage, death or injury;
(b) Cause or increase erosion orlandslide hazard risk;
(c) Increase surface water discharge, sedimentation, slope instability, erosion or landslide
potential to adjacent downstream and down-drift properties beyond predevelopment
conditions;
(d) Adversely impact wetlands, fish and wildlife habitat conservation areas or their buffers;
or
(e) Be identified as a critical facility necessary to protect public health, safety and welfare.
This includes, but is not limited to, schools, hospitals, police stations, fire departments and
other emergency response facilities, nursing homes, and hazardous material storage or
production.
18.22.530Protection standards.
(1) GeneralProtection Standards.
(a)New developments shall be located and/or engineered and constructed to reduce risks to
life, health, safety, and buildings, and not increase potential for landslides or erosion that could
impact either other properties, public resources, or other criticalareas. The county may
impose conditions on development activity in a geologically hazardous area as needed to:
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APPENDIX C
(i) Protect human life and safety;
(ii) Minimize the potential for property damage related to seismic events, erosion,or
landslides;
(iii) Minimize the need for stream or riverbank or coastal bluff stabilization in the future;
(vi) Reduce public liabilities for damages associated with geologic hazards;
(iv) Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks;
and,
(v) Maintain natural sediment and erosion processes that are integral to the health and
sustainability of freshwater and marine ecosystems as well as minimizing impacts to
stream, river, and coastal processes such as channel infill, channel migration, sediment
37
transport, or flooding.
(1) Clearing, Grading and Vegetation Removal.
(a) Minor pruning of vegetation for view enhancement may be allowed through consultation
with the department. The thinning of limbs on individual trees is preferred to topping of trees
for view corridors. Total buffer thinning shall not exceed twenty-five percent and no more than
thirty percent of the live tree crowns shall be removed.
(b) Vegetation shall not be removed from a landslide hazard area, except for hazardous
trees based on review by a qualified arborist or as otherwise provided for in a vegetation
management and restoration plan.
(c) Seasonal Restrictions. Clearing and grading shall be limited to the period between May
1st and October 1st, unless the applicant provides an erosion and sedimentation control plan
prepared by a professional engineer licensed in the state of Washington that specifically and
realistically identifies methods of erosion control for wet weather conditions.
(d) Only the clearing necessary to install temporary erosion control measures will be allowed
prior to clearing for roads and utilities construction.
(e) The faces of cut and fill slopes shall be protected to prevent erosion as required by the
engineered erosion and sedimentation control plan.
(f) Clearing for roads and utilities shall be the minimum necessary and shall remain within
marked construction limits.
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Planning Commission improvement developed during deliberations.
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(g) Clearing for overhead power lines shall be the minimum necessary for construction and
will provide the required minimum clearances for the serving utility corridor.
(2) Existing Logging Roads. Where existing logging roads occur in geologically hazardous
areas, a geological assessment may be required prior to use as a temporary haul road or
permanent access road under a conversion or COHP forest practices application.
(3) The department may also require:
(a) Clustering to increase protection to geologically hazardous areas; or
(b) Enhancement of buffer vegetation to increase protection to geologically hazardous
38
areas.
(b4)The provisions in this sectionare in addition to those required in JCC 18.30.060(grading and
excavation standards) and JCC 18.30.070(stormwater management standards).
(c5) Ifthere is a conflict between applicable published standards, the more restrictiveprotection
requirement applies.
(c6) Drainage and Erosion Control.
(ia) An applicant submitting a project application shall also submit, and have approved, a, a
stormwater site plan that meets all the requirements of JCC 18.30.070(4)(e),when the project
application involves either of the following:
39
(Ai) The alteration of a high or moderately highgeologically hazardous area or its critical
area buffer; or,
40
(Bii) The creation of a new parcel within a high or moderately highgeologically
hazardous area;and,
(iib)Shall discuss, evaluate,and recommend methods to minimize sedimentation of adjacent
properties during and after construction.
(iiiC) Surface drainage shall not be directed across the face of a marine bluff that is mapped
41
as high or moderateerodible or susceptible to landslide or debris flow. The applicant must
demonstrate that the stormwater discharge cannot be accommodated on site or upland by
evidence presented in ageological assessment as required by JCC 18.22.945, unless waived
by the administrator. If drainage must be discharged from a bluff to adjacent waters, it shall
be collected above the face of the bluff and directed to the water by tight line drain and
38
Planning Commission improvement developed during deliberations.
39
Inserted by staff after public hearing; was unintentionally omitted.
40
Inserted by staff after public hearing; was unintentionally omitted.
41
Inserted by staff after public hearing; was unintentionally omitted.
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provided with an energy dissipating device at the shoreline, above ordinary high-water mark
(OHWM).
(ivd)The applicant must clearly demonstrate in the geological assessmentthat stormwater
quantity, quality, and flow path post-construction will be comparable to pre-construction
conditions.
(d) Clearing and Grading.
42
(i)The following provisions shall also applyto clearing in a geologically hazardous area:
(A) Clearing within geologically hazardous areas shall be allowed only from April 1st
to November 1st, unless the applicant demonstrates that such activities would not
result in impacts contrary to the protection requirements in this subsection;
(B) Temporary sedimentation and erosion control measures shall be installed once all
applicable permits have been issued and installation shall be based on the locations
shown on the approved site plan;
(C) Clearing limits for roads, septic, water and stormwater utilities, and temporary
erosion control facilities shall be marked in the field and approved by the administrator
prior to any alteration of existing native vegetation;
(D) Clearing for roads and utilities shall remain within construction limits which must
be marked in the field prior to commencement of site work;
(E) The authorized clearing for roads and utilities shall be the minimum necessary to
accomplish project specific engineering designs and shall remainwithin approved
rights-of-way; and,
(F) Clearing land in preparation of site development prior to permit issuance shall be
prohibited.
43
(ii) The following provisions regarding grading shall applyto grading in a geologically
hazardous area:
(A) An applicant submitting a project application shall also submit, and have approved,
a grading plan, as specified in this chapter, when the application involves either of the
following:
(1) The alteration of a geologically hazardous area or its critical area buffer; or,
(2) The creation of a new parcel within a known geologically hazardous area.
(B) Excavation, grading,and earthwork construction regulated under this section shall
only be allowed from April 1st to November 1st, unless the applicant demonstrates
42
Inserted by staff after public hearing; was unintentionally omitted.
43
Inserted by staff after public hearing; was unintentionally omitted.
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that such activities would not result in impacts contrary to the protection requirements
44
in this subsection.
(e7) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(ia) During clearing for roadways and utilities, all trees and understory vegetation lying outside
of approved construction limits shall be retained to the maximum extent practicable;
(iib)Clearing limits, as shown on the approved site plan, shall be marked by orange
construction barrier fencing to be installedprior to beginning any clearing, grading, or other
land-disturbing activities;
(iiic) Vegetation within identified clearing limits may be removed upon permit issuance. All
45
vegetation within the high or moderategeologically hazardous area or its critical area buffer,
but outside the marked clearing limits, shall be retained. Cleared vegetation shall not be
46
placed within a high or moderategeologically hazardous area unless it is used as part of a
mitigation plan consistent with other criticalarea mitigation provisions, is reviewed by the
47
geotechnical professionalstate-licensed geologist or engineer,and is approved by the
administrator; and,
(iv) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation removal
outside of ahigh risk CMZ shall not be reviewed under this article. Should this provision
48
conflict with other vegetation retention requirements specified elsewherewithin the Title 18
JCC, the more restrictive protection requirement applies.
(2)Geologically HazardousArea Buffers –General. The following critical area buffers shall apply
49
to geologically hazardousareas:
(a) Buffer areas shall be required to provide sufficient separation between the geologically
hazardous area and anyproposed projectto protect public health and safety.
(b) The appropriate width of the geologically hazardous area buffer shall be determined by either:
application of the standard buffer width in subsection (3); or,by acceptance by the administrator
of aspecial area report that meets the performance standardsof this article and the requirements
of Article IX (special area reports).
(c) Buffers shall remain naturally vegetated. Where buffer disturbance has occurred during
construction, replanting with native vegetation shall be required.
50
(d) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to
enhance views may be permitted by the administrator on a case-by-case basis.
44
Planning Commission improvement developed during deliberations.
45
Inserted by staff after public hearing; was unintentionally omitted.
46
Inserted by staff after public hearing; was unintentionally omitted.
47
Revised for consistency. The defined term is “geotechnical professional."
48
Inserted by staff after public hearing; was unintentionally omitted.
49
Inserted by staff after public hearing; was unintentionally omitted.
50
Clarified in response to 1/14/2020 WDFW comments.
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(e) All buffers shall be measured perpendicularly from the top, toe or edge of the geologically
hazardous area.
(3) Buffers –Standard Width and Setback. A standard buffer shall be established from the edge
51
of geologically hazardous areas, and a building setback shall be established from the edge of
the buffer. Standard buffer widths shall apply to top of slope as well as toe of slope, as appropriate
and be based on county geologically hazardous area mapping sources, the Jefferson County
Building Codes (Chapter 15.05JCC) or field markings, in the order listed below.
(a) 150 feet:
(i) Landslide hazards mapped as slides or high;
52
(ii) Shoreline slope stability mapped as unstable, unstable recent slides, or unstable old slides;
(iii) HighErosion hazards; or,
(b) 100 feet:
(i) Landslide hazards mapped moderate;
(ii) Shoreline slope stability mapped as modified;
(iii) Channel mitigation zones mapped as high risk; or,
(iv) Coastal bluffs mapped as highly erodible or at high landslide risk.
(c) 50 feet:
(i) Shoreline slope stability mapped as intermediate.
(d) Seismic hazards, landslide hazards mapped as slight, and shoreline slope stability mapped
as stable do not require buffers.Channel migration zones mapped as moderately high risk,
moderate risk, low risk, and disconnected are not regulated as a geologically hazardous area and
do not require a buffer.
(e) A building setback line is required to be 10 feet from the edge of any geologically hazardous
53
area buffer.
(81)Erosion and LandslideHazard Development Standards.
(a) Development activities or actions requiring project permits or clearing shall not be
allowed in landslide hazard areas unless a geotechnical report demonstrates that building
within a landslide hazard area will provideprotection commensurate to being located outside
Inserted by staff after public hearing; was unintentionally omitted.
52
Reinserted by staff; was removed from PC draft as too outdated but no known other source is
available.
53
Planning Commission improvement developed during deliberations.
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APPENDIX C
the landslide hazard area and meets the requirements of this section. This may include
proposed mitigation measures.
54
(b) Top of Slope Building Setback.All development activities or actions that requireproject
permits or clearing in erosion and landslide hazard areas shall provide native vegetation from
the toe of the slope to twenty-five feet beyond the top of slope, with an additional minimum
fifteen-foot building and impervious surface setback, unless otherwise allowed through a
geologic assessment. The minimum building and setback shall be increased from the top of
the slope as follows:
(i) For high landslide hazard areas, the setback shall be equal to the height of the slope
(1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or
twenty-five feet.
(ii) For moderate landslide hazard areas, the setback shall be forty feet from the top of
55
slope.
(29) Geotechnical Report for Toe of Slope Building Setbackmay be Required. A geotechnical
report may be required based on slope height and stability indicators.
(10) Tile 15 JCC Applies where Slope Hazard Indicators Are Not Identified. Where slope
56
hazard indicators are not identified, the requirements of Title15JCC, will apply.
(310) Larger Native Vegetation Width may be Required. The department may require a larger
native vegetation width than the standard buffer distance as determined above, if any of the
following are identified through the geological assessment process:
(a) The adjacent land is susceptible to severe erosion and erosion control measures will not
effectively prevent adverse impacts;or
(b) The area has a severe risk of slope failure or downslope storm water drainage impacts;
or,.
(c) The minimum native vegetation width and/ororbuilding setback requirement may be
decreased if a geotechnical report demonstrates that a lesser distance, through design and
engineering solutions, will adequately protect both the proposed development and the erosion
54
Added to address public comment from Futurwise.
55
Planning Commission improvement developed during deliberations.
56
Deleted by Staff as redundant and confusing.
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APPENDIX C
or landslide hazard area. The department may decrease the setback when such a setback
would result in a greater than 1:1 slope setback.
(410) Seismic Hazard Development Standards.
(a) Development activities or actions requiring a project permit occurring within two hundred
feet of a “high hazard” seismic hazard area may be allowed with an approved geotechnical
report that confirms the site is suitable for the proposed development and addresses any fill
or grading that has occurred on the subject parcel.
(b) Development activities or actions requiring a project permit within a seismic hazard area
57
shall be in accordance with Title 15JCC.
(4511) Reducing Buffer Widths. The administrator may reduce geologically hazardous area
buffersas follows:
(a) Buffers may be reduced by up to 25 percent with a geotechnical report prepared by a state
58
licensed geologist or licensed geotechnical engineergeotechnical professionalwith a state
stamp; provided, the geotechnical report identifies recommendations for preventing or
minimizing risks post-development.
(b) All buffer reductions 25 percent or greater and all development within a high or moderate
geologically hazardous area shall require a geotechnical report prepared by a state licensed
59
geologist or licensed geotechnical engineergeotechnical professionalwith a state stamp.
The administrator may require a third-party review based on JCC 18.22.930or the applicant
enters into an indemnity and hold harmless agreement with the county that is approved by the
county’s risk manager and the prosecuting attorney. If the administrator requires a third-party
review of the geotechnical report, the administrator shall be responsible for identifying and
transmitting the geotechnical report to the third-party reviewer.
(5612) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a geologically hazardous
area and to reduce risks to public safety and welfare. Information that may be used to support
this determination, include but are not limited to:
(a) The landslide area is unstable and active.
(b) The adjacent land is susceptible to severe landslide or erosion, and erosion control
measures will not effectively protect the proposed project from the risks posed by the landslide
hazard area.
(c) The adjacent land has minimal vegetative cover.
57
Planning Commission improvement developed during deliberations.
58
Revised for consistency. The defined term is “geotechnical professional."
59
Revised for consistency. The defined term is “geotechnical professional."
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(6) Erosion hazard areas –Standards. For coastal, riverine, and stream erosion hazard areas,
the following activities shall be allowed when the applicable general protective measures found in
JCC 18.22.530(1) have been applied and the following requirements are satisfied:
(a) Developments that minimize the threat to the health or safety of people and will not
increase the risks of erosion hazards on or off the site and meet the reasonable economic use
exceptionin JCC 18.22.260 or the variance in JCC 18.22.250.
(b) Discharge of surface water drainage into a coastal or riverine erosion hazard area,
provided there are no other alternatives for discharge, and the drainage is collected upland of
the top of the active erosion hazard area and directed downhill in an appropriately designed
stormwater pipe that includes an energy dissipating device at the base of the hazard area.
The pipe shall be located on the surface of the ground and be properly anchored so that it will
continue to function under erosion conditions and not createor contribute to adverse effects
on downslope critical areas. The number of pipes should be minimized along the slope
frontage.
(c) Stormwater retention and detention systems, such as dry wells and infiltration systems
using buried pipe or French drains, provided they are located outside the identified channel
migration zone and shall not affect the stability of the site.
(d) Utility lines when no feasible conveyance alternative is available. The line shall be located
above ground and properly anchored and/or designed so that it will not preclude or interfere
with channel migration and will continue to function under erosion conditions; provided, that
utility lines may be located within channel migration zones if they are buried below the scour
depth for the entire width of a CMZ.
(e) Public roads, bridges, and trails when no feasible alternative alignment is available.
Facilities shall be designed such that the roadway prism and/or bridge structure will not be
susceptible to damage from active erosion.
(f) Access to private development sites may be allowed to provide access to portions of the
site that are not critical areas if there are no feasible alternative alignments. Alternative access
shall be pursued to the maximum extent feasible, including through the provisions of
Chapter8.24RCW. Exceptions or deviations from technical standards for width or other
dimensions and specific construction standards to minimize impacts may be specified.
(g) Stream bank stabilization and shoreline protection may be permitted subject to all of the
following standards:
(i) Shoreline protection measures located within coastal or riverine erosion areas shall use
soft armoring techniques (bioengineering erosion control measures as identified by the
State Department of Ecology and the Department of Fish and Wildlife guidance) unless
the applicant provides a geotechnical analysis demonstrating that bioengineering
approaches will not adequately protect the property.
(ii) The armoring shall not increase erosion on adjacent properties and shall not eliminate
or reduce sediment supply from feeder bluffs.
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APPENDIX C
(iii) The armoring will not adversely affect critical areas including habitat conservation
areas or mitigation will be provided to compensate for adverse effects where avoidance is
not feasible.
(iv) The proposal shall comply with Chapter 18.25JCC (Shoreline Master Program).
(v) Hard bank armoring is discouraged and may occur only when the property contains an
existing permanent structure(s) that is in danger from shoreline erosion caused by wave
action or riverine processes and not erosion caused by upland conditions, such as the
alteration of natural vegetation or drainage, and the armoring shall not increase erosion
on adjacent properties and shallnot eliminate or reduce sediment supply.
(vi) The erosion is not being caused by uplandconditions, such as the removal of
vegetation or human alteration of existing drainage.
(vii) Nonstructural measures, such as placing or relocating the development further from
the shoreline, planting vegetation, or installing on-site drainage improvements, are not
feasible or not sufficient.
(h) New residences shall be located outside of channel migration hazard areas or marine
shoreline retreat areas. Accessory structures not involving human occupancy with a footprint
equal to or less than 2,500 square feet shall be allowed; provided, that they are located at the
outer edge of the migration zone as defined by this chapter; and provided, that the technical
administrator may allow larger accessory structures where mitigating measures are feasible
and provided for by the applicant.
(i) New public flood protection measures and expansion of existing ones may be permitted,
60
subject to Chapter 15.15JCC.
(714)Landslide hazard areas –Additional Standards. The following activities may be allowed in
active landslide hazard areas when all reasonable measures have been taken to minimize risks
and other adverse effects associated with landslide hazards,and when the amount and degree
of the alteration are limited to the minimum needed to accomplish the project purpose:
(a) The standards of 18.22.530(1) shall apply.
(b) Developments that will not increase the threat to the health or safety of people and will not
increase potential for landslides on or off the site and meet the reasonable economic use
exceptionin JCC 18.22.260.
(c)Utility lines and pipes that are above ground, properly anchored and/orordesigned so that
they will continue to function in the event of a slope failure or movement of the underlying
materials and will not increase the risk or consequences of static or seismic slope instability
or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant
demonstrates that no other feasible alternative is available to serve the affected population.
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Planning Commission improvement developed during deliberations.
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(d)Access roads and trails that are engineered and built to standards that minimize the need
for major repair or reconstruction beyond that which would be required in nonhazard areas.
Access roads and trails may be permitted only if the applicant demonstrates that no other
feasible alternative exists, including through the provisions of Chapter 8.24RCW. If such
access through critical areas is granted, exceptions or deviations from technical standards for
width or other dimensions and specific construction standards to minimize impacts, including
drainage and drainage maintenance plans, may be required.
(e)Stormwater conveyance through a properly designed stormwater pipe when no other
storm-water conveyance alternative is available. The pipe shall be located above ground and
be properly anchored and/orordesigned so that it will continue to function in the event of a
slope failure or movement of the underlying materials and will not increase the risk or
consequences of static or seismic slope instability or result in increased risk of mass wasting
activity.
(7815) Seismic hazard areas –Standards. Development may be allowed in seismic hazard areas
when all of the following apply:
(a) The standards of JCC 18.22.530(1) shall apply.
(b) Structures in seismic hazard areas shall conform to applicable analysis and design criteria
of Chapter 18.15.05JCC.
(c) Public roads, bridges, utilities, and trails shall be allowed when there are no feasible
alternative locations, and geotechnical analysis and design are provided that minimize
potential damage to roadway, bridge, and utility structures, and facilities will not be susceptible
to damage from seismically induced ground deformation. Mitigation measures shall be
designed in accordancewith the most recent version of the American Association of State
Highway and Transportation Officials (AASHTO) Manual or anotherappropriate document.
(8916) Tsunami hazard areas –Standards.
(a) The standards of JCC 18.22.530(1)shall apply.
(b) For development within tsunami hazard areas the proposed development shall be
designed to provide protection from the tsunami hazard that meets the projected hazard on
the Department of Natural Resources Tsunami Inundation Maps.
(c) For other low-lying coastal areas not included on the inundation maps, development shall
be designed to provide protection for debris impact and an inundation as determined by
current Department of Natural Resource modeling, unless other measures can be shown to
provide equal or greater protection.
18.22.540Required Assessments and Reports.
(1) Map Review. The JeffersonCounty geologically hazardous areas maps (erosion, landslide,
and seismic) provide an indication of where potential geologically hazardous areas are located
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APPENDIX C
within the county. The department will complete a review of the map to determine if the proposed
activity is located within a hazard area.
61
(2) When a Geological Assessment is Required.A geological assessment shall be required
when the proposed activity is located within a potential hazard area.
(3) Work must be Performed by a Geotechnical Professional. Ageotechnicalprofessional, as
defined in JCC 18.10.070, shall complete a field investigation and geological assessment to
determine whether or not the site for the proposed activity is affected by the geologic hazard, as
provided in subsection(4) of this section.
(4) Geological Assessment Types. The geological assessment shall be submitted in the most
applicable form as follows:
62
(a) A geological letter. When the geologist or geotechnical professionalfinds that no
63
moderate or highhazard area exists within two hundred feet of the site, a stamped letter
may be submitted demonstrating those findings;
64
(b) A geological report. When the geologistgeotechnical professionalfinds that a moderate
65
or highgeologically hazardous area exists within two hundred feet of the site, but will not
impact the site or need engineering design recommendations;
(c) A geotechnical report. When the geotechnical engineergeotechnical professionalfinds
66
that a moderate or highgeologically hazardous area exists within two hundred feet of the
site, and will require engineering design recommendations or other mitigation measures
necessary in order to construct or develop within the geologically hazardous area.
(5) The department shall review the geological assessment and either:
(a) Accept the geological assessment and approve the application; or
(b) Reject the geological assessment and require revisions or additional information.
61
Subsections (2)-(4) moved up for clarity from next section.
62
Revised for consistency. The defined term is “geotechnical professional."
63
Brotherton’s 2/27/2020 public comment.
64
Revised for consistency. The defined term is “geotechnical professional."
65
Brotherton’s 2/27/2020 public comment.
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APPENDIX C
18.22 550 Recording and disclosure.
The following informationshall be included in a notice to title that must be signed, notarized, and
recorded with the county auditor prior to permit issuance for development in a geologically
hazardous area requiring a geotechnical report:
(1)An abstract and description of the specific types of risks identified in the geotechnical report;
(2)A statement that the owner(s) of the property understands and accepts the responsibility for
the risks associated with developments on the property given the described condition, and agrees
to inform future purchasers and other successors and assignees of the risks; and,
(3)A statement that the owner(s) of the property acknowledge(s) that this chapter does not
create liability on the part of JeffersonCounty or any officer or employee thereof for any damages
that result from reliance on this chapter or any administrative decision lawfully made
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thereunderunder this chapter.
(1) Geologically Hazardous Area Assessments –When Required. A geotechnical assessment in
the form of a geotechnical letter, geology report or geotechnical report, shall be required if a
proposed activity occurs within a mapped geologically hazardous area and when a proposed
activity presents potential risk or the area is mapped or otherwise documented to present a greater
than a moderate risk (including those areas that may be temporarily affected by construction), as
follows:
(a) Landslide hazards mapped as slides, high, or moderate;
(b) Shoreline slope stability mapped as intermediate, unstable, unstable recent landslide, unstable
old landslide, or modified;
(c) Moderate to high Erosion hazard;
(d) Seismic hazard;
(e) High risk channel migration zone; or,
(2) Geologically Hazardous Areas Reports and Assessments. Geologically hazardous area
assessments shall be conducted by ageotechnical professional. The level of assessment
required shall be based on site-specific conditions, as follows:
(a) Geotechnical Letter.This type of assessment shall be used if the geotechnical professional
determinesthat the proposed activity will occur outside of the geologically hazardous area and
associated buffer (including those areas that may be temporarily disturbed by construction) or
that the geohazard is low to moderate or that it can be demonstrated that the proposed activity
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APPENDIX C
poses no risk. The geotechnical letter shall be prepared based on report criteria in Article IX of
this chapter.
(b) Geological Report. A geological report is required for site development proposals that involve
development activity orthe installation of structures within a geologically hazardous area or
shoreline setback, or as otherwise required and do not involve or require engineering design
recommendations.
(c) Geotechnical Report. This type of assessment shall be used if the geotechnical professional
determines that the proposed activity will occur within a geologically hazardous area or buffer
(including those areas that may be temporarily disturbed by construction). If the entire property is
located within a geologically hazardous area at top or toe of slope, the geotechnical professional
shall assess the parcel(s) based on requirements in subsection (5) below. The geotechnical report
shall be prepared based on report criteria in Article IX of this chapter.
(d) Waiver of Geotechnical Assessment.Theadministratormay waive the requirement of a
geotechnical letter, geology report, or geotechnical report; provided:
(i) The applicant proves to the satisfaction of the administrator that the geologically hazardous
area will not present an unacceptable level of risk; and,
(ii) The applicant enters into an indemnity and hold harmless agreementwith the county that is
approved by the county’s risk manager and the prosecuting attorney;
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Waivers are valid for one year and are renewableuponapproval of the administrator.
(e4) Expiration of Geotechnical Reports. Unless there is are documented significant changes,
modifications,or other geologic events to render an existing geotechnical report invalid, an
existing report shall be considered valid. Validity shall be examined upon submittal of proposed
developments or every five years whichever is later.
(35) Geologically Hazardous Areas –Marking Limits. The limits (or outer extent) of a geologically
hazardous area shall be marked onsite as follows:
69
(a) High or Moderately HighGeologically hazardous areas shall be identified and staked by
70
a professional geologist or engineer with a state stampgeotechnical professional. For
landslide hazards, the top and/orortoe of slope closest to the proposed activity shall be
marked. For erosion hazards, seismic hazards, and high-riskchannel migration zones, the
extent of the geologically hazardous area closest to the proposed activity shall be staked
onsite.
(b) Stakes shall be installed and marked as necessary to clearly identify the geologically
hazardous areas present; provided, the distance between each of the stakes shall not exceed
50 feet.
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Planning Commission improvement developed during deliberations.
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Inserted by staff after public hearing; was unintentionally omitted.
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Revised for consistency. The defined term is “geotechnical professional.”
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(c) Staked limits of the geologically hazardous area shall remain onsite based on the type of
application,as follows:
(i) Stakes for building or septic applications shall remain in place until a final building
certificate of occupancy for a building permit and/orora final for a septic permit is issued.
(ii) Staking for a subdivision, a planned rural residential development, a binding site plan,
or a rezone shall remain in place until a final county approval is issued. If, at the time of
subsequent building, septic, or other land use application, the stakes are no longer in
place, the administrator may requirere-staking of the geologically hazardous area by the
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projectgeologist or engineergeotechnical professional.
(iii) Staking for any other application requiring land use review shall remain in place until
the department of community development has made a site visit to review the staking
relative to property boundaries and proposed activities, as shown on a submitted site plan.
(d) The staked location of the on-site geologically hazardous areas shall be shown on a site
plan submitted with an application.
(e) If more than one geologically hazardous area is present, only the most restrictive
geologically hazardous area (area closest to the proposed activity) shall be staked by the
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geologist or engineergeotechnical professional.
(4) Buffer Marking. The location of the outer extent of geologically hazardous area buffers shall
be marked in the field as follows:
(a) Geologically hazardous areas and buffers shall be shown on a site plan submitted with an
application.
(b) Geologically hazardous area buffers shall be staked onsite prior to beginning any clearing,
grading, or other land-disturbing activities. The administrator may waive this requirement if all
development activities are outside of the geologically hazardous area buffer.
(c) The administrator mayrequire signs be posted at the buffer edge if the proposed activity
is commercial or industrial, or if the proposed activity is proposed on public lands.
(5) Geologically Hazardous Area Development. If a proposed development or use is determined
to be a geologically hazardous area, the geologist or engineer shall assess the proposed activity
relative to existing geologic conditions to determine if the proposal can be safely constructed and
safely used or occupied. Any development or use within a geologically hazardous area may be
reduced or mitigated by engineering, design, or modified construction. If the risk cannot be
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reduced to acceptable levels, the geologically hazardous area is to be avoided.
71
Revised for consistency. The defined term is “geotechnical professional."
72
Revised for consistency. The defined term is “geotechnical professional."
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Planning Commission improvement developed during deliberations.
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APPENDIX C
Article VI. Fish and Wildlife Habitat Conservation Areas(FWHCAs)
18.22.600Purpose.
The purposes of this article are to:
(1)Protect, restore, and maintain native fish and wildlife populations by protecting and conserving
fish and wildlife habitat and protecting the ecological processes, functions and values, and
biodiversity that sustain these resources.
(2)Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams
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and their associated riparian areas, corridors for state or federally listed speciesand the
ecosystem processes on which these areas depend.
(3)Regulate development so that isolated populations of species are not created and habitat
degradation and fragmentation are minimized.
(4)Maintain the natural geographic distribution, connectivity, and quality offish and wildlife
habitat and ensure no net loss of such important habitats, including net losses through cumulative
impacts.
18.22.610Classification/designation.
Fish and Wildlife Habitat Conservation Areas (FWHCAs) are areas that serve a critical role in
sustaining needed habitats and species for the functional integrity of the ecosystem, and which,
if altered, may reduce the likelihood that the species will persist over the long term. FWHCAs
include those areas identified as being of critical importance to the maintenance of endangered,
threatened, or sensitive species of fish, wildlife and/ororplants, or designated habitats and
species of local importance.
(1) The following are designated as fish and wildlife habitat conservation areas:
(a) Areas wherefederally listedspecies (endangered and threatened) and state-listed species
(endangered, threatened, and sensitive species) have a primary association.
(b) Rivers and streams not otherwise addressed under Washington State Forest Practices
WAC).
regulations (Chapter 76.09RCW and Title 222
(c) Commercial and recreational shellfish areas.
(d) Kelp and eelgrass beds.
(e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas.
(f) Naturally occurringponds less than 20 acres, including submergedaquatic beds that
provide fish and wildlife habitat.
(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.
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(h) State natural area preserves, natural resource conservation areas, and state wildlife areas.
(i) Species and habitats of local importance designated pursuant to the process delineated in
Article IX (Special Reports).
(2) Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction
are regulated under the shoreline master program in Chapter 18.25JCC, and in circumstances
where this chapter conflicts with the shoreline master program, the provisions of the shoreline
master program shall prevail.
18.22.620Regulated activities.
Any land use or development activity that is subject to a development permit or approval
requirements of this code shall be subject to the provisions of this article. These include, but are
not limited to, the following activities and, in certain circumstances, activity allowances, that are
directly undertaken or originate in a FWHCA, unless otherwise exempted under JCC 18.22.230.
(1) Stream Crossings. Any private or public road expansion or construction which is proposed
and must cross streams classified within this article shall comply with the following minimum
development standards:
(a)The design of stream crossings shall meet the requirements of the Washington
Department of Fish and Wildlife. Fish passage shall be provided if necessary to address
manmade obstructions on-site. Other alternatives may be allowed upon a showing that, for
the site under review, the alternatives would be less disruptive to the habitat or that the
necessary building foundations were not feasible.
(b)Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing
site exists;
(c)Bridge piers or abutments may be allowed either within the floodway or between the
ordinary high-watermarks provided no other reasonable alternative placement exists;
(d)Crossings shall serve multiple properties whenever possible; and,
(e)Where there is no reasonable alternative to providing a culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity.
(2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed
pursuant to the following standards:
(a)Construction of utilities may be permitted in FWHCAs when no practicable or reasonable
alternative location is available and the utility corridor does not cause or increase habitat
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fragmentation for state or federally listed species andmeets the requirements for installation,
replacement of vegetation and maintenance outlinedbelow. Utilities are encouraged to follow
existing or permitted roads where possible.
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(b)Construction of sewer lines or on-site sewage systems may be permitted in FWHCA
buffers when it can be demonstrated that it is necessary to meet state and/ororlocal health
code requirements; that there are no other practicable alternatives available; and,construction
meets the requirements of this article. Joint use of the sewer utility corridor by other utilities
may be allowed.
(c)New utility corridors shall not be allowed in FWHCAs with known locations of federal or
state-listed endangered, threatened,or sensitive species, except in those circumstances
where an approved habitat management plan is in place.
(d)Utility corridor construction and maintenance shall protect the environment of fish and
wildlife habitat areas.
(i)New utility corridors shall be aligned when possible to avoid cutting trees greater than
12 inches in diameter at breast height (four and one-half feet) measured on the uphill side.
(ii)New utility corridors shall be revegetated with appropriate native vegetation at not less
than preconstruction vegetation densities or greater, immediately upon completion of
construction or as soon thereafter as possible due to seasonal growing constraints. The
utility shall ensure that such vegetation survives for a three-year period.
(e)Utility towers should be painted with brush, pad or roller and should not be sandblasted
or spray-painted, nor shall lead-based paints be used.
(3) Bank Stabilization.
(a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring
earth movement threatens existing legal structures, public improvements, unique natural
resources, public health, safety or welfare, or the only feasible access to property, and, in the
case of streams, when such stabilization results in maintenance of fish habitat or improved
water quality, as demonstrated through a habitat management plan or equivalent study or
assessment.
(b) Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County
shoreline master program, geologically hazardous areas provision in this chapter, and the
flood damage prevention ordinance.
(4) Gravel Mining.
(5) Forest Practices, Class IV General and Conversion Option Harvest Plans.
(6) Road/Street Expansion and New Construction.Any private or public road or street expansion
or construction may be allowed in a FWHCA provided it complies with the following minimum
development standards:
(a)No other reasonable or practicable alternative exists and the proposed road or street
serves multiple properties whenever possible;
(b)Public and private roads are encouraged to provide for other purposes, such as utility
crossings, pedestrian,or bicycle easements, viewing points, etc.;
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(c)The road or street construction is the minimum necessary, as required by the department
of public works’ guidelines. Minimum necessary provisions may include projected level of
service requirements.
(7) Outdoor Recreation, Education,and Trails Construction.Activities and improvements that do
not significantly affect the function of the FWHCA (including viewing structures, outdoor scientific
or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs.
(a)Trails and other facilities shall, to the extent feasible, be placed on existing road grades,
utility corridors, or other previously disturbed areas;
(b)Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags,
and important wildlife habitat;
(c)Viewing platforms, interpretive centers, benches,and access to them, shall be designed
and located to minimize impacts to wildlife, fish, or their habitatand/or critical characteristics
76
of the affected FWHCA;
(d)Trails, in general,shall be set back from streams so that there will be minimal impact to
the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces
when feasible and trails within FWHCAs are not intended to be used by motorized vehicles.
(8) Chemical Application or Storage.
(9) Land Division, Land Use Permits and Land Alteration (such as excavation, dredging, grading,
or filling).
(10) Modification of Hydrologic Regime or Conditions (including placement of obstructions or
impediments to natural water flow or movement).
(11) Agricultural Activities -see Article VIII 18.22.800
(12) Vegetation Removal or Alteration (could include but is not limited to, clearing, harvesting,
shading, intentional burning, use of herbicides/pesticides, or planting vegetation that alters the
character of the regulated area; provided, the activity is not exempt under JCC 18.22.070).
(13) Relocation of streams, or portions of streams, may be allowed when there is no other feasible
alternative and when the relocationwill result in equal or better habitat and water quality and
quantity, and will not diminish the flow capacity of the stream or other natural stream processes;
provided, the relocation meets state hydraulic project approval requirements and that relocation
of shoreline streams shall be prohibited unless the relocation has been identified formally by the
Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat
enhancement or identified in watershed planning documents prepared and adopted pursuant to
Chapter 90.82 RCW.
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18.22.630Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated FWHCA
shall adhere to the requirementsin this section.
(2) Drainage and Erosion Control. In addition to complying with the stormwater requirements of
Chapter 18.30JCC, the applicant must clearly show that stormwater quantity, quality, and flow
path post-construction will be comparable to pre-construction conditions.
(3) Grading. An applicant submitting a project application shall also submit, and have approved,
a grading plan, as specified in Chapter 18.30JCC.
(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) Vegetation within FHWCAs or buffers shall be retained to the extent practicable.Unless
exempt under this chapter, vegetation removal or alteration of a FWHCA or a buffer shall
require review and approval by the department.
(b) Altering the habitat conditions of FWHCAs or buffers without prior review and approval by
the department is prohibited.
(c) All trees and understory vegetation lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during maintenance clearing of rights-
of-way for roadways and utilities; provided, understory vegetation damaged during approved
clearing operations may be pruned.
(d) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(5) Buffers –Standard Requirements. The administrator shall have the authority to require buffers
from the edges of all FWHCAs in accordance with the following:
(a) Buffers Generally.
(i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect
the integrity, functions,and values of the resource, consistent with the requirements in
Tables 18.22.630(1) and 18.22.630(2) of this section.
(ii) A building setback line of 5 feet is required from the edge of any buffer area; however,
nonstructural improvements such as septic drain fields may be located within setback
areas and buffers.
(iii) Utilities including sewer lines and on-site sewage systems may be permitted in
FWHCA buffers only when no practicable or reasonablealternative location is available.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of
vegetation to enhance views or provide access may be permitted as long as the function
and character of the buffer are not diminished.
(iv) Lighting shall be directed away from the FWHCA.
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(v) The administrator shall have the authority to increase a buffer width, if supported by
appropriate documentation showing the increase is needed to protect the functions and
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values of the FWHCA buffer.
(vi) The administrator shall require signs be posted at the buffer edge if the proposed
activity is commercial or industrial, or if the activity is proposed on public lands.
(b) Prescriptive FWHCA Buffers.
(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the FWHCA/stream functions and values at the time of the proposed
activity. When a buffer lacks adequate vegetation to protect critical area functions, the
administrator may require additional documentation before allowing a proposal for buffer
reduction or buffer averaging.
(ii) The standard buffer shall be measured landward horizontally on both sides of the
stream from the ordinary high-water mark (OHWM) as identified in the field. Nevertheless,
the required buffer shall include any adjacent regulated wetland(s), landslide hazard
areas and/ororerosion hazard areas and required buffers but shall not be extended
across paved roads or other lawfully established structures or hardened surfaces. The
following standard buffer width requirements are established; provided, portions of
streams that flow underground may be exempt from these buffer standards at the
administrator’s discretion when it can be demonstrated that no adverse effects on aquatic
species will occur.
Table 18.22.630(1): Stream Buffers*
Stream TypeBuffer Requirement
Type “S” –Shoreline Streams150 feet
Type “F” –Fish Bearing Streams150 feet
Type “Np”–Non-Fish Bearing 75 feet
Perennial Streams
Type “Ns” –Non-Fish Bearing75 feet
Seasonal Streams greater than or
equal to 20% grade
Type “Ns” –Non-Fish Bearing 50 feet
Seasonal Streams less than 20%
grade
*Note:
(a) The buffers aboveshall apply to culverted streams; though in limited
circumstances, a variance may be made in the application of stream buffers
under Article IX of Chapter 18.40 JCC.
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APPENDIX C
Stream TypeBuffer Requirement
(b) The buffers aboveshall not apply to lawfully establishedpiped streams.
The burden of proof is on the applicant to show that the pipe was lawfully
established; failure to demonstrate compliance with this requirement shall
result in buffers being required.
(c) Stream type shall be determined using the criteria inWAC 222-16-030, or
as amended
(iii)Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths
for other FWHCAs based on the best available information. Buffer widths for
nonstream habitat conservation areas shall be as follows:
Table 18.22.630(2): Buffers for Other FWHCAs
FWHCA TypeBuffer Requirement
Areas where federally listedBuffers shall be 150 feet; provided, local and site
(endangered and threatened) species or specific factors shall be taken into consideration and
state-listed (endangered, threatened, the buffer width based on the best available
and sensitive) species have a Primary information concerning the species/habitat(s) in
Associationquestion and/ororthe opinions and
recommendations of a qualified professional with
appropriate expertise.
Commercial and Recreational Shellfish Buffers shall extend 150 feet landward from ordinary
Areashigh-watermark of the marine shore.
Kelp and Eelgrass BedsBuffers apply to areas where native kelp and
eelgrass species occur only, and buffers shall
extend 22 feet from each patch.There is no buffer
for non-native kelp and eelgrass beds.
Surf Smelt, Pacific Herring, and Pacific Buffers shall extend 150 feet landward from ordinary
Sand Lance Spawning Areashigh-watermark of the marine shore.
NaturalPonds and Lakes (along with Ponds under 20 acres –buffers shall extend 50 feet
any submerged aquatic beds serving as from the ordinary high-watermark.
fish or wildlife habitat)Lakes 20 acres and larger –buffers shall extend 100
feet from the ordinaryhigh-watermark; provided,
where wetlands are associated with the shoreline,
the wetland buffer requirements shall also apply.
Natural Area Preserves Natural Buffers shall not be required adjacent to these
Resource Conservation Areasareas. These areas are assumed to encompass the
land required for species preservation.
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APPENDIX C
FWHCA TypeBuffer Requirement
Game Fish Planted by a Governmental Ponds under 20 acres –buffers shall extend 50 feet
or Tribal Agency (lakes, ponds, streams,from the ordinary high-watermark.
and rivers)Lakes 20 acres and larger –buffers shall extend 100
feet from the ordinary high-watermark; provided,
where wetlands are associated with the shoreline,
the wetland buffer requirements shall also apply.
Stream and rivers –see Table 18.22.630(1).
Designated Habitats of Local ImportanceThe buffer for marine nearshore habitats shall
extend landward 150 feet from the ordinary high-
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watermark.
The need for and dimensions of buffers for other
locally important species or habitats shall be
determined on a case-by-case basis.
18.22.640 Buffer Reductions and Averaging
(1) The administrator shall have the authority to reduce buffer widths on a case-by-case basis;
provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply,
and when the applicant demonstrates to the satisfaction of the administrator that all of the
following criteria are met:
(a) The buffer reduction shall not adversely affect the habitat functions and values of the
adjacent FWHCA or other critical area.
(b) The buffer shall not be reduced to less than 75 percent of the standard buffer,unless it
can be demonstrated through a special report prepared by a qualified professional that there
will be no net loss of FWHCA functions or valuesor 50 percent for singlefamily residential
79
development.
(c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does
not exceed 30 percent.
(2) The administrator shall have the authority to average buffer widths on a case-by case basis;
provided,the specific standards for avoidance and minimization in JCC 18.22.660 shall apply,
and when the applicant demonstrates to the satisfaction of the administrator that all the following
criteria are met:
(a) The total area contained in the buffer area afteraveraging is no less than that which would
be contained within the standard buffer and all increases in buffer dimension are parallel to
the FWHCA.
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(b) The buffer averaging does not reduce the functions or values of the FWHCA or riparian
habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the
habitat function.
(c) The buffer averaging is necessary due to site constraints caused by existing physical
characteristics such as slope, soils, or vegetation.
(d) The buffer width averaging does not reduce the buffer to less than 75 percent of the
standard width or 50% for single family residential development.
(e) The slopesadjacent to the FWHCA within the buffer area are stable and the gradient does
not exceed 30 percent.
(f) Buffer averaging shall not be allowed if FWHCA buffers are reduced.
(3) The limits of clearing for the proposed development or use shall be shown on the site plan
relative to the FWHCA and the buffer.
(4) In the case of short plat, long plat, binding site plan, and site plan approvals under this code,
the applicant shall include on the face of any such instrument the boundary of the FWHCA.
(5) The applicant may also choose to dedicate the buffer through a conservation easement or
deed restriction that shall be recorded with the Jefferson County auditor. Such easements or
restrictions shall, however, use the forms approved by the prosecuting attorney.
18.22.650Habitat management reports –When required.
(1) When a development, use, or activity is proposed on lands designated as a fish and wildlife
habitat conservation area or a buffer, a habitat evaluation may be required. An on-site habitat
evaluation determines if FWHCAs or buffers occur in the project area.
(2) If the proposed use, development, or activity occurs in marine water, a dive survey shall be
required to determine if any FWHCA is present in the project area and if any FWHCA has the
potentialto be affected by the proposal.
(3) Evaluations shall be conducted pursuant to the special report requirements found in Article IX
Special Reports.
(4) Types of Reports.When required by this section, an applicant shall submit a report
documenting the results of the habitat evaluation for county review and approval.Based on the
results of the site evaluation, a report shall be prepared by a qualified professional and either be:
(a) Habitat Reconnaissance Letter.This type of report shall be used if the field evaluation
determines that no regulated fish and wildlife habitat conservation area or buffer is present in
the proposed project area, which includes those areas that may be temporarily affected by
construction-related activities or would be within thelimits of clearing for construction. Habitat
reconnaissance letters shall be prepared by a wildlife biologist based on requirements
presented in Article IX (special reports) of this chapter.
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APPENDIX C
(b) Habitat Management Plan.This type of report shall be used if the field evaluation
determines that any portion of the proposed project occurs within a regulated FWHCA or
buffer, which includes those areas that may be temporarily affected by construction-related
activities or would be within the limits of clearing for construction.This type of report shall be
used if a proposed buffer reduction or buffer averaging does not exceed 25 percent of the
standard buffer width, as shown in Tables 18.22.630(1) and (2).Habitat management plans
shall be prepared by a wildlifebiologist based on report requirements in Article IX (special
reports) of this chapter.
(d) If the proposal cannot meet the mitigation or critical areas stewardship plan requirements
of this chapter, a Type III critical area variance or reasonable use exceptionin JCC 18.22.260
shall be followed and a habitat management plan shall be required.
(d) If a dive survey is required, the results of the survey shall be described in a report and
supported by photos taken underwater.
18.22.660Mitigation
(1) When required. Mitigation is required for Applicants shall prepare and submit a mitigation plan
for FWHCA buffer reductions greater than 25% but less than 50%of the standard buffer widths.
Applications for FWHCA buffer reductions greater than 50% may pursueand may submita
financially-bonded critical areas stewardship plan or be approved for buffer reductions greater
than 50% through a hearing examiner variance or reasonable economic use exception in
80
accordance with this chapter. All unavoidable impacts to FWHCA require mitigation.for impacts
to FWHCAs or for buffer reductions greater than 50 percent of the standard buffer width; provided,
the proposal meets the mitigation or critical area stewardship provisions of this chapter.
(2)FWHCA Mitigation Sequencing.
The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or
a FWHCA buffer.All regulated development, uses, and activities in a FWHCA or an associated
buffer shall be mitigated in the following order:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, orrestoring the affected
environment to the historical condition or the condition existing at the time of the initiation of a
project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
80
Staff proposed change for clarification.
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(f) Monitoring the required compensation and taking appropriate corrective measures when
necessary.
(23) Mitigation -Minimum requirements and types of mitigation.
(a) Minimum mitigation requirements are as follows:
81
(i) Unavoidable impacts to a FWHCA criticalarea or buffer shall be mitigated with at
least a 1:1 mitigation ratio.The administrator has the authority to require buffer mitigation
at a higher ratio if the area to be adversely affected consists of intact native habitat.
82
(ii) Unavoidable impacts to a FWHCAcritical areashall require mitigation that fully
compensates for all adverse effects to FWHCA functions, natural processes, and area.
(b) FWHCAs mitigation shall include the following options:
(i) On-site Mitigation.The applicant may propose on-site mitigation if the mitigation
proposal compensates for the loss or degradation to existing habitat.
(ii) Off-site Mitigation.The applicant may propose off-site mitigation if:
(A) On-site mitigation is not feasible and the mitigation proposal compensates for the
loss or degradation of existing habitats and species; or,
(B) Off-site mitigation occurs within the same ecosystem tothe maximum extent
83
practicableandprovides better protection of the FWHCA or a significant ecological
and functional improvement to the FWHCA; and,
(C) There is a willing landowner that accepts the proposed mitigation; and,
(D) A mitigation agreement/easement is recorded that specifies the individuals or
parties responsible for implementing, maintaining, and monitoring the mitigation area.
(c) In-Lieu Fee Mitigation (ILF).As an alternative to permittee-responsible mitigation, an in-lieu
fee program may be used to compensate for impacts or alterations to a fish and wildlife habitat
conservation area or a buffer, if an established in-lieu fee program is available for the project area.
Use of the in-lieu fee program to address impacts to fish and wildlife habitat conservation areas
and/ororbuffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.350(5).
Article VII. Wetlands
18.22.700Purpose
The purposes of this article are to:
(1)Recognize and protect the beneficial functions, values, and services performed by wetlands,
which include, but are not limited to, providing food, breeding, nesting and/ororrearing habitat for
fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low
81
Corrects typo.
82
Corrects typo.
83
Added per 1/14/2020 WDFW comments.
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flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce
flooding and erosion; and,improving water quality through biofiltration, adsorption, retention and
transformation of sediments, nutrients, and toxicants.
(2).Regulate land use to avoid adverse effects on wetlands and maintain the functions, services,
and values of freshwater and estuarine wetlands throughout Jefferson County.
(3)Establish review procedures for development proposals in and adjacent to wetlands.
(4)Establish minimum standards for identifying and delineating wetlands
18.22.710Classification/designation.
Wetlands are those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate conversion of wetlands.
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street, or highway.
(1)Wetland Delineation.Wetlands shall be delineated in accordance with the requirements of
RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county
determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands
Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region
Supplement (Version 2.0), 2010 or as revised,are hereby designated critical areas and are
subject to the provisions of this article.
(2)Wetland Rating.Wetlands shall be rated based on categories that reflect the functions and
values of each wetland. Wetland categories shall be based on the criteria provided in the
Washington State Wetland Rating System for Western Washington, revised 2014, and as
amended thereafter, as determined using the appropriate rating forms and associated figures
contained in that publication. These categories are generally defined as follows:
(a)Category I.These wetlands are: (1) relatively undisturbed estuarine wetlands larger than one
acre; (2) wetlands of high conservation value that are identified by scientists of the Washington
Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger
than one acre; (5) wetlands in coastal lagoons; (6) wetlands that perform many functions well
(scoring a total of 23 or more points).These wetlands: (1) represent unique or rare wetland types;
(2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and
contain ecological attributes that are impossible to replace within a human lifetime; or,(4) provide
a high level of functions.
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(b) Category II.These wetlands are:(1) estuarine wetlands smaller than one acre or disturbed
estuarine wetlands larger than one acre or (2) wetlands with a moderately high level of functions
(scoring between 20 and 22 points total).
(c) Category III.These wetlands are (1) those with moderate level of functions (scoring between
16 and 19 points total) or (2) those that can often be adequately replaced with a well-planned
mitigation project.Wetlands scoring between 16 and 19 point generally have been disturbed in
some ways and are often less diverse or more isolated from other natural resources in the
landscape than Category II wetlands.
(d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total
points) and are often heavily disturbed.These wetlands likely could be replaced or improved in
some cases.Replacement cannot be guaranteed in any specific case.These wetlands may
provide some important functions, so they should be protected to some degree.
84
(3)Category IV wetlands that are non-federally regulated and not associated with a riparian
areahydrologically isolatedand less than one-tenth acre (4,356 square feet) shall be exempt
from the requirements of this article when all of the following criteria are met:
(a) The wetland does not provide significant breeding habitat for native amphibian species.
Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-
stemmed emergent vegetation, and clean water;
(b) The wetland does not have unique characteristics that would be difficult to replacethrough
standard compensatory mitigation practices;
(c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) or
a FWHCA buffer as defined in Article VI of this chapter, and is not integral to the maintenance
of habitat functions of an FWHCA;
(d) The wetland is not located within a floodplain;
(e) The wetland is not within the jurisdiction of the county shoreline master program;
(f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the
guidance provided in the wetland rating system; and,
(g) The wetland does not score five or more points for habitat functions (based on the 2014
version of the Washington Department of Ecology Wetland Rating System, or as amended
by Washington Department of Ecology).
In addition, mitigation in the form of enhancement or expansion of another part of the buffer to
85
should be considered in order to offset any expansion of a nonconforming use or structure.
Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise
altered.This exemption does not allow for unmitigated alteration of wetland area or functions.
84
Added per 1/21/2020 comments from Ecology.
85
Added per 1/21/2020 comments from Ecology.
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Alteration of any wetland, including wetlands less than one-tenth of an acre, shall require
mitigation.
(4) General. Application for a project on a parcel of real property containing a designated wetland
shall adhere to the requirements in this section.
(a) Types of Wetland Evaluations. An applicant submitting an application for a development,
use, or activity on lands determined to be wetland shall also submit, and have approved, a
wetland evaluationprepared based on resultsof an on-site field investigation conducted by a
qualified wetland professional using wetland delineation manuals specified in JCC 18.22.710.
The wetlandevaluation shall be completed based on the following:
(i) Wetland Reconnaissance.This type of wetland assessment does not require flagging
of wetland boundaries or completing a wetland rating form. It shall be used if no regulated
wetland is present within 300 feet of the project area, which includes those areas that may
be temporarily affected by construction-related activities or would be within the limits of
construction.The wetland reconnaissance requires the wetland specialist to assess all
areas within 300 feet of any proposed project component.
(ii) Wetland Delineation.This type of wetland assessment shall be used if any portion of
the proposed project is within 300 feet of a regulated wetland, including those areas that
may be temporarily affected by construction-related activities or are within the proposed
limits of clearing.The on-site wetland boundary shall be flagged in the field and flags shall
be numbered sequentially, and a wetland rating form shall be completed, as required by
JCC 18.22.300(2), for each wetland identified.A wetland delineation report shall be
prepared by the wetland specialistbased on report requirements presented in Article VIII
(specialreports) of this chapter.
(b) If the wetland is located off of the property involved in the project application and is
inaccessible, the best available information shall be used to determine the wetland boundary
and category.
18.22.720Regulated activities.
(1) Activities Subject to Regulation. Any land use or development activity shall be subject to the
provisions of this Article VII, including, but not limited to, the following activities that are directly
undertaken or originate in a regulated wetland, unless exempted under JCC 18.22.070:
(1a) The removal, excavation, grading, or dredging of material of any kind, including the
construction of ponds and trails;
(2b) The dumping or discharging of any material,or placement of any fill;
(3c) The draining, flooding, or disturbing of the wetland water level or water table;
(4d) The driving of pilings;
(5e) The placing of anything that obstructs water movement, including but not limited to,
surface water flow, surface water runoff, or groundwater infiltration;
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(6f) The construction, reconstruction, or expansion of any structure;
(7g) The destruction or alteration of wetland vegetation through clearing, harvesting, shading,
intentional burning, application of herbicides or pesticides, or planting of vegetation that would
alter existing wetland conditions;or,
(8h)The alteration or modification of water quality and/ororwater quantity.
(92)Requirements for Waiver for Single-Family Residence. The requirement for awetland
evaluation may be waived by the administrator for construction of a single-family residence on an
existing lot of record if DCD staff or a qualified wetland evaluator determines that:
(a) Sufficient information exists for staff to estimate the boundaries of a wetland without a
delineation; and,
(b) The single-family residence and all accessory structures and uses are not proposed to be
located within the distances identified in Table 18.22.735(1) from the estimated wetland
boundary.
18.22.730 Protection standards.
The following activities may be permitted in wetlands and/ororwetland buffers as specified when
all reasonable measures have been taken to avoid adverse effects on wetland functions and
values as documented through awetland report prepared by a qualified wetland specialist.n
alternatives analysis, the amount and degree of alteration are limited to the minimum needed to
accomplish the project purpose, andc.Compensatory mitigation is requiredprovidedfor all
adverse impacts to wetlands that cannot be avoided. To the maximum extent practicable, impacts
to buffers shall be minimized and any disturbed buffer areas shall be immediately restored except
as specifically allowed.
(1)Utility lines in Category II, III, and IV wetlands and their buffers and/ororCategory I wetland
buffers when no feasible conveyance alternative is available shall be designed and constructed
to minimize physical, hydrologic, and ecological impacts to the wetland, and meet all of the
following:
(a).The utility line is located as far from the wetland edge and/ororbuffer as possible and in
a manner that minimizes disturbance of soils and vegetation.
(b).Clearing, grading, and excavation activities are limited to the minimum necessary to install
the utility line and the area is restored following utility installation.
(c.)Buried utility lines shall be constructed in a manner that prevents adverse impacts to
surface and subsurface drainage. This may include regrading to the approximate original
contour or the use of trench plugs or other devices as needed to maintain hydrology.
(d).Best management practices are used in maintaining said utility corridors such that
maintenance activities do not expand the corridor further into the critical area.
(2)Public roads or bridges in Category II, III, and IV wetlands and their buffers and/ororCategory
I wetland buffers when no feasible alternative alignment is available and the road or bridge is
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APPENDIX C
designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland,
including placement on elevated structures as an alternative to fill, where feasible.
(3)Access to private development sites may be permitted to cross Category II, III, or IV wetlands
or their buffers; providedthere are no feasible alternative alignments and measures are taken to
maintain preconstruction hydrologic connectivity across the access road. Alternative access shall
be pursued to the maximum extent feasible, including through the provisions of
Chapter8.24RCW. Exceptions or deviations from technical standards for width or other
dimensions, and specific construction standards to minimize impacts may be specified, including
placement on elevated structures as an alternative to fill, if feasible.
(4) Low-impact, passive recreational activitiesmay be constructed, such as pervious trails,
nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing
86
or hunting; provided,construction is limited to the outer 5025percent of the buffer. Trails within
buffers shall be designed to minimize impacts to the wetland and shall not include any impervious
87
surfacesand avoid removal of significant trees.
(5)Stormwater management within the buffers of only Category III and IV wetlands with habitat
scores of 3-4 pointsonly,are allowed provided the management techniques follow published
88
guidelines for stormwater managementin wetlands by the Department of Ecologyandare
vegetation-lined swales designed for stormwater management or conveyance when topographic
restraints determine there are no other upland alternative locations. Swales used for detention
purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be
placed through the buffer, if necessary.
(6)Wetland buffer widths.
(a)The standard buffer shall be based on a combination wetland category, habitat function score
(from the wetland rating form), and land use intensity. Theintensity of the land use shall be
determined in accordance with the definitions as listed below unless the technical administrator
determines that a lesser level of impact is appropriate based on information provided by the
applicant demonstrating that the proposed land use will have a lesser impact on the wetland than
that contemplated under the buffer standard otherwise appropriate for the land use,
The administrator shall have the authority to require buffers from the edges of all wetlands,in
additionto the building setback in accordancewith the following:
(b)Wetland buffers shall be established to protect the integrity, functions,and values of the
wetland. Wetland buffers shall be measured horizontally from a perpendicular line established by
the wetland boundary based on the base buffer width identified in Table 18.22.735(1). Buffers
shall not include areas that are functionally and effectively disconnected from the wetland by an
existing, legally established road or anothersubstantial developed surface.
86
Changed per 1/21/2020 comments by Ecology.
87
Added per 1/21/2020 Ecology comments.
88
Added per 1/21/2020 Ecology comments and referred to generally as the suggested standards are
lengthy and mirror existing stormwater code.
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APPENDIX C
(c)The buffer standards required by this article presume the existence of a dense, multi-storied
native vegetation community in the buffer adequate to protect the wetland functions and values.
When a buffer lacks adequate vegetation, the technical administrator may increase the standard
buffer, require buffer planting or enhancement, and/orordeny a proposal for buffer reduction or
buffer averaging.
(d)The standard buffer shall be based on a combination wetland category, habitat function score
(from the wetland rating form), and land use intensity. The intensity of the land use shall be
determined in accordance with the definitions found in this chapter unless the technical
administrator determines that a lesser level of impact is appropriate based on information
provided by the applicant demonstrating that the proposed land use will have a lesser impact on
the wetland than that contemplated under the buffer standard otherwise appropriate for the land
89
use.
(e) Standard buffer widths are shown in Table 18.22.730(1). However, for Category I or II
wetlands with “special characteristics” as determined and defined through the Washington State
Department of Ecology (2014) Wetland Rating System (including estuarine, coastal lagoons,
wetlands of high conservation value, bogs, forested, and interdunal wetlands), only buffers in the
highest habitat score (8 to 9) group are applied.
(i) The prescribed buffer widths are based the wetland category (I, II, III, IV) as determined by
the scoring results on the rating form for the wetland rating system; and,the expected level
of impact of the proposed adjacent land use.
“High intensity land use” means land use that includes the following uses or activities:
commercial, urban, industrial, institutional, retail sales, residential (more than one
unit/acre), high-intensity new agriculture (dairies, nurseries, greenhouses, raising and
harvesting crops requiring annual tilling, raising and maintaining animals), high-intensity
recreation (golf courses, ball fields), hobby farms, and Class IV special forest practices,
including the building of logging roads.A High Intensity Land Use may become a
Moderate Intensity Land Use where Required Measures to Minimize Impacts in Table
18.22.730(1)(b) are made part of the proposal and where a buffer condition is well
90
vegetatedper 18.22.730(8)criteria.
“Low intensity land use” means land use that includes the following uses or activities:
forestry (cutting of trees only), low intensity open space(such as passive recreation and
natural resources preservation),utility corridor without a maintenance road and little or
91
no vegetation managementand unpaved trails.Low intensity uses incorporate features
92
in Table 18.22.730(1)(b) by the nature of their use.
“Moderate intensity land use” means land use that includes the following uses or
activities: residential (one unit/gross acre or less), moderate-intensity open space (parks),
moderate-intensity new agriculture (such as orchards and hay fields), utility corridor or
89
Deleted as redundant. See subsection (6)(a).
90
Added per Ecology 2/5/2020 comments.
91
Added per 1/14/2020 WDFW comments.
92
Added per Ecology 2/5/2020 comments.
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APPENDIX C
93
right-of-way shared by several utilities and including access/maintenance roadsand
paved trails.
The administrator may determine, on the basis of detailed information from the applicant about
the site conditions, scope, and intensity of the proposed development, that the proposed land use
will have a lesser level of impact on the wetland than indicated by similar land uses on the list.
Table 18.22.730(1)(a). Standard Wetland Buffer Widths
Land Use Intensity*
Wetland Habitat Function High Impact Moderate Low Impact Buffer
CategoryScoreBuffer Width Impact Buffer Width (feet)
(feet)Width (feet)
Category I
8–9300225150
6–715011075
<3-51007550
Category II
8–9275300;275150225;150100150;100
6–715011075
<3-580100;806075;6050
Category III
8–9150300;150110225;11075150;75
6–7150100110;1006075;60
<3-5806050
Category IV
All504025
Table 18.22.730(1)(b). Required measures to minimize impacts to wetlands
94
(All measures are required if applicable to a specific proposal)
DisturbanceRequired Measures to Minimize Impacts
Lights
Direct lights away from wetland
Noise
Locate activity that generates noise away from wetland
If warranted, enhance existing buffer with native vegetation
plantings adjacent to noise source
For activities that generate relatively continuous, potentially
disruptive noise, such as certain heavy industryor mining,
establish an additional 10’ heavily vegetated buffer strip
immediately adjacent to the outer wetland buffer
93
Added per 1/14/2020 WDFW comments.
94
Table added per 1/21/2020 Ecology comments.
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DisturbanceRequired Measures to Minimize Impacts
Toxic runoff
Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
Establish covenants limiting use of pesticides within 150 ft of
wetland
Apply integrated pest management
Stormwater runoff
Retrofit stormwater detention and treatment for roads and
existing adjacent development
Prevent channelized flow from lawns that directly enters the
buffer
Use Low Intensity Development techniques (for more information
refer to the drainage ordinance and manual)
Change in water
Infiltrate or treat, detain, and disperse into buffer new runoff from
regime
impervious surfaces and new lawns
Pets and human
Use privacy fencing OR plant dense vegetation to delineate
disturbance
buffer edge and to discourage disturbance using vegetation
appropriate for the ecoregion
Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
Use bestmanagement practices to control dust
(6) Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of
the wetland buffer shall be identified as follows:
(a)The outer extent of the wetland buffer shall be flagged onsite.(b) In the case of short plat,
long plat, and binding site plan, the applicant shall include on the face of any such plan the
boundary of the wetland and its buffer.
(c) For all other approvals, the administrator shall have the authority to require a notice to title
be recorded on the property by the property owner prior to any permits may be issued.
(d) The administrator shall require signs be posted at the buffer edge if the proposed activity
is commercial or industrial, or if the activity is proposed on public lands.
(7) Buffers –Standard Requirements.
(a) The administrator shall have the authority to require buffers from the boundaries of all
wetlands as established by this article, and in accordance with the following criteria.
(i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the
wetland boundary as marked in the field during delineation if required, or based upon site
investigation, aerial photographs, or LiDAR images.
(ii) Functionally isolated buffer areas will be subject to wetland evaluationto determine
protective functions such as whether or not the isolated buffer area is used by wildlife to
gain access to the wetland. In instances where substantial wildlife use is documented, the
area shall be retained as buffer despite being otherwise isolated or disconnected from the
wetland.
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(iii) When a buffer is on a slope steeper than 30 percent, and/ororlacks adequately dense
and diverse vegetation, the administrator may deny a proposal for buffer reduction or
buffer averaging.
(8) Reducing Buffer Widths. Buffer widths may be reduced as depicted in Table 18.22.730(1)(bc)
when implementing listed impact-reducing measures on the adjacent land useper Table
18.22.730(1)(b)and requiring a protected vegetated corridor between the wetland and a Priority
95
Habitat or relatively undisturbed area, if present.Other buffer reductions may be allowed Upon
uponsubmission of a wetland evaluationby a wetland specialist that demonstrates a buffer
reduction does not adversely affect the existing functions and values of the wetland.,Tthe
administrator shall have the authority to reduce the prescribed buffer widths listed in the Table
18.22.735(1)(a); provided, all of the following shall apply:
(a) The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of
96
the standard buffer;
97
(b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the
required buffer, or 25 feet, whichever is greater;
(c) The applicant implements reasonable measures to reduce the adverse impacts of
structures and appurtenances on the subject parcel as determined by the administrator; and,
(d) Buffer area reduction shall be minimized to accommodate only those structures and
appurtenances as approved by the administrator.
Table 18.22.730(1)(c). Reduced Wetland Buffer Widths with integration of Table
18.22.730(1)(b) Measures and Criteria in JCC 18.22.730 (8)at 25 Percent Reduction
Land Use Intensity*
High Impact Moderate Impact Low Impact
Habitat Function
Wetland CategoryBuffer Width Buffer Width Buffer Width
Score
(feet)(feet)(feet)
Category I
8–9225168.75112.5
6–7112.582.556.25
<3-57556.2537.5
Category II
8–9225168.75112.5
6–7112.582.556.25
<3-57556.2537.5
95
Added per 1/21/2020 Ecology comments.
96
Deleted per 1/21/2020 Ecology Comments.
97
Deleted per 1/21/2020 Ecology Comments.
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Land Use Intensity*
Category III
8–9225168.75112.5
6–7112.582.556.25
<3-5604537.5
Category IV
All504025
Reduced Wetland Buffer Widths with
Implementation of Table 18.22.730(1)(b)
98
Measures
Wetland Habitat High Impact
CategoryFunctionBuffer Width
I8-9225
6-7110
<3-575
II8-9225
6-7110
<3-575
III8-9225
6-7110
3-560
IVall40
(9) Averaging Buffer Widths. Upon submission of a wetland evaluationby a wetland specialist
that demonstrates a buffer reduction does not adversely affect the existing functions and values
of the wetland, the administrator shall have the authority to average wetland buffer widths on a
case-by-case basis; provided, all of the following shall apply:
(a) The buffer averaging does not have any adverse impact on the functions and values of the
wetland and provides greater protection of the wetland;
(b) The total area contained within the buffer after averaging is no less than that which would
be contained within the prescribed buffer, and the buffer boundary remains more or less
parallel to the wetland boundary;
(c) The most sensitive, or highest value, areas of the wetland have the widest buffer
dimensions, and the buffer boundary considersvariations in slope, soils, or vegetation to
optimize the overall effectiveness of the buffer;
(d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer
width;
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Revised per Ecology’s 02/05/2020 comments
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APPENDIX C
(e) The buffer width was not already the subject of a buffer reduction; and,
(f) If area of buffer reduction is composed of native trees that are 8 inches in diameter at breast
height, the buffer reduction shall not be approved unless the area of buffer increase consists
of native trees of a similar size, age, density, and species composition as that in the area to
be reduced.
(10)Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will
be subject to a variance or reasonable economic use exception, as applicable under JCC
18.22.250and 18.22.260 or may pursue a financially bonded critical areas stewardship plan
(CASP); provided, the proposal can meet all CASP financial and other provisions.
(11) Increasing Buffer Widths.Buffer widths may be increased on a case-by-case basis, as
determined by the administrator, to protect the functions and values of a wetland.Supporting
documents that may be used to support this determination, include but are not limited to:
(a) The wetland is used by, or has habitat features that could be used by, state or federally
listed threatened or endangered species;
(b) The wetland serves as nesting or foraging habitat for raptors or great blue herons;
(c) The area adjacent to the wetland is susceptible to erosion or landslide; or,
(d) The area adjacent to the wetland has minimal deep rooting, native vegetation and/ororthe
slopes are greater than 30 percent.
18.22.740Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and area.
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse
impacts to regulated wetlands.When a proposed use or development activity poses potentially
significant adverse impacts toa regulated wetland, the preferred sequence of mitigation as
defined below shall be followed unless the applicant demonstrates that an overriding public
benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its
implementation;
(c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected
environmentto the historical condition or the condition existing at the time of the initiation of a
project;
(d) Reducing or eliminating the adverse impact over time by preservation and maintenance
operation during the life of the action;
(e) Compensating for the adverse impact by replacing, enhancing, or providing substitute
resources or environments;
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(f) Monitoring the required compensation and taking appropriate corrective measures when
necessary.
(2) Compensatory Wetland Mitigation –General Requirements. As a condition of any permit or
other approval allowing alteration which results in theunavoidableloss or degradation of
regulated wetlands, or as an enforcement action pursuant to Chapter 18.50JCC, compensatory
mitigation shall be required to offset impacts resulting from the actions of the applicant or any
code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter
regulated wetlands shall providewetland mitigation that is equivalent to or larger than those
altered in order to compensate for wetland losses. Table 18.22.740(1)specifies the mitigation
ratios by category and type of mitigationthat must be used for compensatory wetland
mitigation:
Table 18.22.740(1)
Required Replacement Ratios for Compensatory Wetland Mitigation
Category Re-Rehabilitation Re-Re-Enhancement
11
and Type of establishment Onlyestablishment establishment Only
Wetland or Creationor Creation or Creation
Impacts(R/C) and(R/C) and
Rehabilitation Enhancement
11
(RH)(E)
All Category 1.5:13:11:1 R/C and 1:1 R/C and 6:1
IV1:1 RH2:1 E
All Category 2:14:11:1 R/C and 1:1 R/C and 8:1
III2:1 RH4:1 E
Category II Case-by-case4:1Case-by-caseCase-by-caseCase-by-case
EstuarineRehabilitation
of an estuarine
wetland
All Other 3:16:11:1 R/C and 1:1 R/C and 12:1
Category II4:1 RH8:1 E
Category I 6:112:11:1 R/C and 1:1 R/C and 24:1
Forested10:1 RH20:1 E
Category I4:18:11:1 R/C and 1:1 R/C and 16:1
Based on 6:1 RH12:1 E
Score for
Functions
Category I Not considered 6:1R/C not R/C not Case-by-case
2
Wetlands possibleRehabilitation considered considered
33
with High of a wetland possiblepossible
Conservation with high
Value
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Category Re-Rehabilitation Re-Re-Enhancement
11
and Type of establishment Onlyestablishment establishment Only
Wetland or Creationor Creation or Creation
Impacts(R/C) and(R/C) and
Rehabilitation Enhancement
11
(RH)(E)
conservation
value
Category I Not considered 6:1R/C not R/C not Case-by-case
2
Coastal possibleRehabilitation considered considered
33
Lagoonof a coastal possiblepossible
lagoon
Category INot considered 6:1R/C not R/C not Case-by-case
2
BogpossibleRehabilitation considered considered
33
of a bogpossiblepossible
Category I Case-by-case6:1Case-by-caseCase-by-caseCase-by-case
EstuarineRehabilitation
of an estuarine
wetland
1
These ratios assumethat the rehabilitation or enhancement actions implemented represent
the average degree of improvement possible for the site. Proposals to implement more
effective rehabilitation or enhancement actions may result in a lower ratio, while less effective
actions may result in higher ratio. The distinction between rehabilitation and enhancement is
not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals
that fall within the gray area between rehabilitation and enhancement willresult in a ratio that
lies between the ratios for rehabilitation and the ratios for enhancement.
2
Wetlands with high conservation value, coastal lagoons, and bogs are considered
irreplaceable wetlands because they perform some functions that cannot be replaced through
compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some
functions no matter what kind of compensation is proposed.
Note:Each type of mitigation is defined in Chapter 18.10.130 under mitigation types.
Note: Wetland preservation may be approved by the administrator under limited circumstances
on a case-by-case basis if preservation requirements are met, as specified in Wetland
Mitigation in Washington State, Part 1:Agency Policies and Guidance, or as amended.
(b) Compensatory mitigation may also be determined using methods described in Calculating
Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final
Report(Washington State Department of Ecology Publication #10-06-011, or as amended);
provided,the mitigation is consistent with Table 18.22.740(1).
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(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant
to this article, withthe replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and
managed to avoid further development or degradation. The applicant or code violator must
provide for long-term preservation of the compensation area.The administrator has the
authority to require the applicant record a notice to title to ensure protection.
(e) Compensatory wetland mitigation shall be designed to mimicnatural wetland hydrologic
conditions, and shall not be used as a stormwater system to comply with Chapter 18.30JCC.
(f) The applicant may be required to shallpost a mitigation performance bond to ensure
monitoring the site occurs andcontingency plans are implemented if the project fails to meet
projected goals.Corrective actions must be coordinated and approved by departmentof
community development.
(43)Compensatory Wetland Mitigation –Type, Location, and Timing.
(a) Mitigation is to be provided in the preferred order listed below.A lower order preference
shall not be approved unless a wetlands evaluationprepared by a wetlands specialist
documents to the satisfaction of the administrator that a higher preferred option is not
ecologically viable.
(i) Restoration (re-establishment or rehabilitation)is the preferred mitigation option;
(ii) Creation (also referred to as establishment) may be approved if restoration is not an
ecologically viable option;
(iii) Enhancement may be approved if restoration or creation are not ecologically viable
optionsor may be required in thesame buffer areawhen a use or structure is permitted
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and encroaches into the same buffer;
(iv) Preservation (also referred to as protection or maintenance) is the least preferred
mitigation option and shall be permitted only under limited circumstances when, based on
a report prepared by a wetlands specialist, the administrator determines that no other
option is ecologically viable.
(b)On-site compensation within the same sub-drainage basin is preferred.The administrator
may approve off-site compensation only if:
(i) A wetlandsspecialistdocuments that on-site mitigation is not feasible and that off-site
mitigation is ecologically preferable;
(ii) No reasonable opportunities exist on-site and within the same sub-drainage basin;
(iii) On-site mitigation would result in the loss of high-quality upland habitats;
(iv) Off-site mitigation has a greater likelihood of compensating for project-related impact;
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(v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(vi) On-site compensation is not practical due to probable adverse impacts from
surrounding land uses;and,
(vii) Potential functions and values at the site of the proposed restoration are significantly
greater than the lost wetland functional values.
(c) Compensation outside of the sub-drainage basin may be approved by the administrator if
an in-lieu fee program is used.
(d) Construction of compensation projects must be timed to reduce impacts to existing wildlife
and flora. Construction must be timed to assure that grading and soil movement occurs during
the dry season. Planting of vegetation must be specifically timed to the needs of the target
species.
(e) Compensation must be completed prior to wetland destruction, where feasible.
(6) In-lieu Fee (ILF) Program.An applicant may opt to use anILF program to compensate for
impacts to aquatic resources (critical areas) and/ororbuffers based on criteria listed below.Use
of anILF program transfers the responsibility of providing compensatory mitigation from the
applicant to anILF program sponsor.The sponsoring organization is required to provide mitigation
that complies with all mitigation requirements of this chapter.
(a) The ILF program may be used by an applicant as a way to mitigate for project impacts if
the impacts to the critical area or buffer occur within an ILF program service area.If an impact
occurs outside of an ILF Program Service Area, an applicant may request that Jefferson
County investigate the possibility of using the ILF program as mitigation.The ILF program
sponsor is under no obligation to accept mitigation responsibilities for impacts outside anILF
program service area.
(b) The applicant shall determine if there is a preference for using the ILF program over
permittee-responsible mitigation to compensate for unavoidable impacts.The county may
encourage an applicant to use the ILF program, but shall not require an applicant to use ILF
for mitigation.
(c) The administrator may approve an application using anILF program for mitigation if the
ILF program sponsor accepts the mitigation responsibility.Thesponsoring organization has
the right to deny the request if the sponsoring organization cannot fulfill all ILF program
mitigation requirements.If the sponsoring organization does not accept the mitigation
responsibility, the applicant shall be responsible for providing mitigation that complies with
this chapter.The administrator shall not approve a permit involving ILF mitigation until (1) the
applicant has purchased the appropriate number of credits from the sponsoring organization
and (2) the sponsoring organization has completed a statement of sale.Once the ILF
program sponsor completes the financial transaction with the applicant, the sponsor
becomes responsible for completing the mitigation effort to comply with Jefferson County
Code critical areasrequirements and the applicable approved in-lieu fee program instrument.
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Article XIII. Agriculture
18.22.800Purpose and Intent.
(1) Jefferson County desires to encourage the conservation of productive agricultural lands and
to implementalternative meansof protecting critical areas using conservation practices in this
Article. As allowed under WAC 365-196-830 (Protection of Critical Areas), both regulatory and
voluntary measures may be developed and used to prevent degradation of critical areas.
(2) The well-being of agricultural activities in Jefferson County depends in part on good quality
soil, water, air, and other natural resources. Agricultural operations that incorporate protection of
the environment, including critical areas and their buffers as defined by Title 18 JCC, are essential
to achieving this goal.
(3) Jefferson County offers agricultural producers two paths to achieve no net loss of critical areas
functions and values while supporting the viability of agriculture. These two paths are:
(a) A “prescriptive” approach is one in which standard buffer widths from streams, wetlands,
and ponds are established, which may offer a simpler yet stricter set of standards; or,
(b) A “performance” based approach where the producer works independently orwith farm
assistance agencies to identify the resource concerns that are unique to the farm operation
and to implement practices best suited to address those concerns.
(4)Jefferson County shall ensure monitoring and adaptive management processes are in place
to evaluate whether the application of performance-basedapproaches address resource
concerns identified in this article to the extent related to agricultural activities.
18.22.810Resource Concerns.
Agricultural activities have the potential to create adverse impacts to critical areas. It is the
county’s policy to minimize such impacts.
(1)Nutrient Pollution of Water. Agricultural activities without proper conservation practices may
contribute wastes or sediments into a natural or modified natural stream or wetlands.
(2) Nutrient and Farm Chemical Management. Without proper conservation practices, manure
could be carried into a stream, wetlands, or other waters of the state by any means. Farm
chemicals must be applied consistent with chemical container labels and all applicable federal
and state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife
habitat conservation areas.
(3)Soil Erosion and Sediment Control Management. Construction of roads used for agricultural
purposes, agricultural equipment operation, and ditch construction and maintenance should be
undertaken in such a manner as to avoid sediment contribution to streams.
(4)Operation and Maintenance of Agricultural Drainage Infrastructure. Maintenance and
operation of ditches should be designed to prevent maintenance problems, avoid blocking water
flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure stream
bank vegetation is protected or replanted.
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(5) Riparian Management.Dense riparian vegetation along the water’s edge will slow and protect
against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish,
birds,and wildlife; and,keep water cooler in summer. Existing riparian vegetation should be
managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish
and wildlife, and control noxious weeds.
18.22.820Applicability and Classification.
(1) Applicability: Proponents of the following activities within fish and wildlife conservation areas
or wetlands or their buffers shall comply with either the prescriptive standards of Chapter 18.22
JCC or the performance-based approach in this Article XIII:
(a) New or expanded areas of agricultural activities.
(b) Producers conducting one or more of the following activities within the footprint of the
agricultural activity as of the effective date of this code (XXXdate):
(i) adding or expanding temporary or permanent structures;
(ii) adding or expanding compacted areas such as for parking, roads, or access;
(iii) adding or expanding impervious areas;
(iv) adding or replacing wells or septic systems;
(v) constructing or altering ditches or drainage systems;
(vi) constructing or altering farm and stock ponds;
(vii) expanding or altering manure or compost management structures or practices;
(viii) altering the application of fertilizers or agricultural chemical management activitiesin
proximity to wetlands or water bodies;
(ix) adding or altering irrigationpractices; or,
(x) other similar activities as determined by the administrator.
(2) This Article does not apply to:
(a) Exempt Activities per JCC 18.22.210. Agricultural activities occurring within the
footprint of use as of the effective date of this code (XXXdate)are exempt from
compliance with Chapter 18.22 JCC unless listed in JCC 18.22.720.
(b) Agricultural activities that do not lie within fish and wildlife conservation areas or
wetlands.
(3)Checklist and Classification: Jefferson County shall prepare and maintain a critical areas
checklist in consultation with farm assistance agencies. The checklist shall identify agricultural
activities and the conservation practice(s) necessary to achieve performance standards in JCC
18.22.830 and avoid potential negative impacts described under resource concerns in JCC
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18.22.810. Based on the achievement of performance standards as documented in the critical
areas checklist, proposals shall be typed as follows:
(a) Type 1 Conservation Practices Compliant. Type 1applies to producers that have a farm
plan developed by State or Federal farm assistance agencies, or has completed a critical
areas checklist demonstratingthat the proposal addresses performance standards in JCC
18.22.830 due to the nature of the proposals and conservation practices in place that avoid
potential negative impacts described under resource concerns in JCC 18.22.810.
(b) Type 2 Conservation Practices Scheduled. Type 2 applies to proposals do not meet one
or more performance standards in JCC 18.22.830 and identifies conservation practices that
will adequately address resource concerns created by the agricultural activities. The
conservation practices shall be implemented based on a schedule developed in consultation
with farm assistance agencies or a report by a natural resource conservation professional.
Such scheduled conservation practices shall avoid resource concerns identified in JCC
18.22.810 and meet performance standards in JCC 18.22.830.
(c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteria
and cannot document that appropriate conservation practices have been implemented or
scheduled that will adequately address resource concerns created by the agricultural
practices. The producer shall complete a critical areas checklist and provide a report prepared
by a State or Federal farm assistance agency or a natural resource conservationprofessional
to demonstrate how the proposal meets the performance standards in JCC 18.22.830 and
avoids potential negativeimpacts described under resource concerns in JCC 18.22.810. If
performance standards cannot be met with adequate conservation practices scheduled, the
proponent shall be subject to the prescriptive standards of this chapter and may apply for
variances or reasonable economic use exception where appropriate.
18.22.830Protection Standards.
(1) Performance Standards. Producers shall submit a critical areas checklist and supporting
documentation to the satisfaction of the administratorto demonstrate the following performance
standards are met due to the nature of the proposal as well as installed or scheduled conservation
practices:
(a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment,
and other contaminants from entering fish and wildlife habitat conservation areas and
wetlands.
(b) Roof runoff is managed so that it does not result in ponding and/ororchanneling in
confinement areas, and/ororcontribute to the discharge of manure, pathogens, sediment,
pesticides,and other contaminants to fish and wildlife habitat conservation areas and
wetlands.
(c) Areas of farm production are managed to prevent stormwater from carrying manure,
pathogens, sediment, pesticides,and other contaminants from entering all fish and wildlife
habitat conservation areas and wetlands.
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(d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that
outlet to streams and ditches installed and maintained in a manner that prevents the entry of
manure, pathogens, sediment, pesticides,and other contaminants.
(e)Livestock are excluded from fish and wildlife habitat conservation areas and wetlands by
means of fencing, gates and/ororother controls that are consistent with the practices
recommended by farm assistance agencies.
(f) Buffers are established that either: (i) are consistent with either the prescriptive standards
in Chapter 18.22JCC applicable to fish and wildlife habitat conservation areas or wetlands or
(2) consistent with farm assistance agency-designed conservation practices that provide for
buffers around fish and wildlife habitat conservation areas or wetlands within areas where
livestock are kept.
(g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment,and
other contaminants from entering fish and wildlife habitat conservation areas and wetlands.
(h) Manure is applied in a manner and its application timed to prevent pollution of fish and
wildlife habitat conservation areas and wetlands.
(i) Compost production is handled and stored in a way that prevents stormwater from carrying
nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat
conservation areas and wetlands.
(j) Application of fertilizers and/ororagricultural chemicals for weed and pest control are
conducted in a manner that prevents them from entering any fish and wildlife habitat
conservation areas and wetlands on the farm either by aerial drift or by stormwater run-off.
(k) The proposal avoids expanding the area drained to unfarmed wetlandsadverse alteration
100
of wetland hydrology.
(l) The proposal protects riparian vegetationor tree cover after drainage maintenance or
construction.
(m) The proposal maintains surfaceand groundwater flow, discharge, and recharge, through
such means including but not limited tomaintaining soil permeability, avoiding net increases
in impervious areas, avoiding compaction, or avoiding changing discharge to streams.
(n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands
consistent with the practices recommended by farm assistance agencies.
(o) The site has not been cleared under a forest practices permit or altered tree cover by more
than 10,000 squarefeet.
(p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as
proposed are in conformity with County flood hazard regulations and the practices
recommended by farm assistance agencies.
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(q) The proposed agricultural activity is consistent with locational allowances in Subsection
(2).
(2) Locational Standards. Table 18.22.830(1)identifies agricultural activities that are allowed in
or near wetlands and streams and their prescriptive buffers.
(a) Cultivation and production and agricultural structures, buildings, impervious areas shall
meet the locational allowances and associated performance standards.
Table 18.22.830(1). Agricultural Activities Allowances in Wetland/Streamand
101
Wetland/StreamBuffers
Allowedin Critical Allowed in Prescriptive Wetland
Activity
AreaWetlandsand Stream Buffers
Cultivation and Yes, existing agricultural activities Yes, existing agricultural activities
lawfully established as of the lawfully established as of the
production
effective date of this chapter (XXX)effective date of this chapter (XXX)
Yes, new or expanded agricultural Yes, new or expanded agricultural
1,21,2
activities
activities
Agricultural Limited to activities addressed by Yes, existing agricultural activities
structures, farm assistance agency practices lawfully established as of the
buildings, on farmed wetlands, including but effective date of this chapter (XXX)
not limited to high tunnel systems,
impervious areas
Yes, new or expanded agricultural
where consistent with federal and
1,2
activities
1,2,3
state law
Notes:
1Subject to performance standards in JCC 18.22.830(1) and determined to be a Type I or
Type 2 proposal per JCC 18.22.820.
2 Conditions or performance standards applied by the administrator may include but are not
limited to wetland/riparian or buffer enhancement in limited circumstances and as determined
in consultation with a farm assistance agency or qualified professional,providedproposed
actions for compensation are conducted in advance of the impact and are shown to be
successfuland provided enhancement is part of ongoing monitoring.
3 Producers shall demonstrate they have received a NRCS Certified Wetlands Determination
or equivalent determination by another farm assistance agency, state oversight agency
official, qualified professional, or Jefferson County.
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Table modified in response to 1/21/2020 Ecology comments.
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(3) Structures. Structures shall be determined to achieve no-net-loss of critical area functions and
values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports
the administratormaking a written decision finding that the landowner’s compliance with other
state or federal regulations or permits provides sufficient protection on the site to satisfy related
critical areas requirements of this chapter.
(a) The administratormay condition the proposed agricultural activities to avoid resource
concerns in JCC 18.22.810 through the application of conservation practices recommended
by farm assistance agencies or a qualified professional.
(b) If the agricultural activity is a Type 3 Critical Area Undocumented ordoes not demonstrably
meet the performance standards in JCC 18.22.730(1), or does not meet locational
requirements of Table 18.22.830(1), the administratorshall deny proposal. The proponent
may seek use of the prescriptive path offered in Chapter 18.22JCC.
(3) Conservation Practices. Agricultural landowners and operators are encouraged to design
conservation practices through use of the following resources:
(a)Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office
Technical Guide” (FOTG) contains a nonexclusive list of conservation practices to guide
implementation of the expectations of this article.
(b)The Jefferson County conservation district is available to assist with completion of the
critical areas checklist and in the development of conservation plans approved through
the NRCS. A producer may also work with other farm assistance agencies.
(4) Scheduled Conservation Practices. For a Type 2 Conservation Practices Scheduled proposal,
the proponent shall identify the standards by which the practice will be designed and the
scheduled date of implementation. The proponent shall provide documentation the scheduled
conservation practice has been established in accordance with the design specifications following
implementation.
18.22.840Monitoring and Adaptive Management
Monitoring provides information used by Jefferson County to assist in determining the
effectiveness of the County's critical area regulations and conservation practices applicable to
agricultural activities. Jefferson County shall develop a cooperative monitoring programwith
agricultural applicants, conservation district and farm assistance agency staffbased on the
conservation practices and performance standards of approved critical areas permitsin
102
agricultural areas.The monitoring program shall identify existing functions and values per
subsection (1), the thresholds of no harm or degradation in subsection (2), and the benchmarks
and outcomes in subsection (3). The monitoring and adaptive management report shall be
prepared periodically in accordance with subsection (4).
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Added by staff after Planning Commission deliberations closed to address concerns regarding staff
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(1)“Existing functions and values” relates to the following categories as compared to conditions
as of effective date of this chapter (XXX):
(a)Water quality, as documented in a given watershed by the Jefferson County conservation
district or other management agency.
(b)The existence or absence of large woody debris within a stream, as documented in the
analyses completed by the Washington Department of Fish and Wildlife (WDFW) for the
Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(c)The existing riparian buffer characteristics and width, including, but not limited to, the
existing amount of shade provided by the existing riparian buffer, as documented in analyses
103
for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21,
completed by WDFW
or other relevant studies.
(d)The existing channel morphology as documented with Department of Natural Resources
(DNR) Aerial Photography.
(e)The existingLocation andfunctions and values of wetlandsif present and determined by a
wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical
areas mapperor other mapped documentationand described by a wetland rating (when
104
available).
(2)“No harm or degradation”means the following:
(a)Maintaining or improving documented water quality levels, if available.
(b)Meeting, or working towards meeting, the requirements of any total maximum daily load
(TMDL) requirements established by the Department of Ecology pursuant to
Chapter90.48RCW.
(c)Meeting all applicable requirements of Chapter77.55RCW and Chapter220-110WAC
(Hydraulics Code).
(d)No evidence of degradation to the existing fish and wildlife habitat characteristics of the
stream or wetland that can be reasonably attributed to adjacent agricultural activities.
173-
(e)The references above to Chapters77.55and90.48RCW and Chapters
201Aand220-110WAC shall not be interpreted to replace Department of Ecology and
WDFW authority to implement and enforce these state programs.
(3) Monitoring Program Benchmarks and Outcomes:
(a) Water quality monitoring results shall be based on sampling data collected and analyzed
by Jefferson County department of public health or a designated partnering agency. To
comply with the no harm requirement for water quality, all parameters evaluated must remain
comparable (or improve) relative to established state standards. If any water quality parameter
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Staff’s proposededitfor clarity.
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APPENDIX C
shows a decline, the departments of community development and public health may require
on-site sampling of upstream and downstream water quality conditions to determine if
permitted activities that have been implemented have since affected water quality.
(b) Habitat ecology should remain comparable to the watershedconditions as documented by
agencies with expertise with no net loss of critical area functions and values compared to a
baseline as of the effective date of this ordinance (XXX).Additionally, indicators of habitat
conditions, such as (1) the percent cover of woody vegetation shall not result in a net
decrease; (2) the amount of habitat features such as snags, downed woody debris, and open
water habitats shall not result in a net decrease.
105
(c) In-stream fish habitat, wetlandand riparian vegetation conditions should remain stable
or improve (based on assessments, reports, and online information published the Washington
Department of Fish and Wildlife or anotherstate or federal agency with comparable expertise).
Critical area restoration and habitat improvement projectswhen required as part of approved
conservation practices or performance standards shallmeet specific benchmarks to ensure
106
success.The applicant shall propose specific benchmarks for approval by the Director.
The benchmarks shall reference indicators of habitat conditions per subsection (b) or other
relevant habitat ecology indicators based on site specific conditions, advice from farm
assistance agencies, advice from agencies with expertise, or applicable areawide studies by
107
qualified professionals or agencies with expertise thatare relevantto the site.At a site-
specific level, any activity that negatively affects salmonids shallbe considered a negative
benchmark. This could include, but is not limited to, installation of in-stream barriers to fish
passage, removing woody debris from a stream, altering spawning gravel, altering pool/riffle
instream conditions, or introduction of chemicals into the water column.
(d) Wetland area and function should remainstable orimprove,as documented by monitoring
or periodic site inspection of plan implementationand/ororaerial photo analysis of mapped
108
wetlands within areas of new orexpandedagricultural intersects.
(4) Reporting. The administratorshall periodically review the monitoring and adaptive
management reportof applicantconservation practices programs’implementation and
compliance beginning one year after the effective date of this article and every two years
thereafter, through the life of the monitoring and adaptive management report, or more frequently
at the administrator’s discretion. The review may include periodic site inspections, -a certification
of compliance by the farm operator, or other appropriate actions. A subset of properties may be
monitored on a rotating basis.
(a) Self-certification is allowed for approved Type 1 or Type 2 classifications. A sufficient self-
certification monitoring report shall include photos and implemented conservation practices or
documentation from farm assistance agencies or a qualified professional. Self-certifications
shall be submitted within 45 days of request, county staff may make a site visit. Site visits will
105
Staff’s proposed edit for clarity.
106
Added per 1/21/2020 Ecology comments..
107
Added per Ecology 2/5/2020 comments.
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be coordinated with thelandowner/farm operator. Prior to carrying out a site inspection, the
administratorshall provide reasonable notice to the owner or manager of the property as to
the purpose or need for the entry, receive confirmation, and afford at least two weeks in
selecting a date and time for the visit. At the landowner’s/farm operator’s discretion, the
Jefferson conservation district staff or other farm assistance agency staff may accompany
staff.
(b) The County will in cooperation with agricultural applicantsor farm assistance agency
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staff,publish the results of its periodic reviewsand make them available to the public and
state agencies. These results will include all baseline monitoring data, summary statistics, an
assessment of the accuracy and completenessof the data, and a description of data collection
issues if any, identified during the reporting period as well as the following additional
information:
(i) A description of all compliance assessments and source identification actions taken
during the reporting period;
(ii) A description of educational outreach actions as well as enforcement actions taken
during the reporting period;
(iii) A description of any actions taken to modify conservation practices on a site or area
specific basis; and,
(iv) A discussion of monitoring priorities for the next reporting period.
(v) Potential adaptive management measures applicable on an areawide or countywide
basis when monitoring indicates: that standards and/ororthresholds are being exceeded;
the exceedance is adversely affecting designated critical areas; and,a change in
regulations that are applicable areawide or countywide is needed to address the
exceedance. Modifications may also be made if monitoring indicates that less stringent
standards are appropriate based on best available science.
18.22.850Compliance.
(1) Critical area protection is required for existing and ongoing agriculture as well as new
agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the
existing functions of critical areas and associated buffers.
(2) Agricultural activities are expected to meet the objectives and standards of this Article through
voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and
anew or revised critical areas checklist and supporting documentation will be required consistent
with JCC 18.22.820, when the administratordetermines that any of the following has occurred:
(a)When a producer fails to implement and maintain their conservation practices determined
to exist or be scheduled in a Type 1 or Type 2 review per JCC 18.22.820 properly and fully.
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(b)When implementation of the conservation practices failsto protect critical areas. If so, a
new or revised critical areas checklist and schedule of conservation practices shall be required
per JCC 18.22.820 to protect the values and functions of critical areas at the benchmark
condition described in JCC 18.22.840 or a baseline established by the producer in
consultation with a farm assistance agency or qualified professional.
(c)When substantial changes in the agricultural activities of the farm or livestock operation
have occurred that render the current critical areas checklist and associated conservation
practices ineffective. Substantial changes that render a critical areas checklist and associated
conservation practices ineffective are those that:
(i)Degrade baseline critical area conditions for riparian and wetland areas that existed
when the plan was approved;
(ii)Result eitherin a direct discharge or substantial potential discharge of pollution to
surface or ground water; or,
(iii)The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3.
(d) When a new or revised critical areas checklist and supporting documentation is
required, and the producer has been so advised in writing and a reasonable amount of
time has passed without significant progress being made to develop said plan. Refusal or
inability to provide a new checklist within a reasonable period of time shall be sufficient
grounds to revoke the approved agricultural activity and require compliance with the
standard provisions of this chapter.
(3) When a producer denies the administratorreasonable access to the property for technical
assistance,monitoring, or compliance purposes, then the administratorshall document such
refusal of access and notify the producer of his/her findings. The producer shall be given an
opportunity to respond in writing to the findings of the administrator, propose a prompt alternative
access schedule, and to state any other issues that need to be addressed. Refusal or inability to
comply with an approved critical areas checklist and schedule of conservation practices within a
reasonable period of time shall be sufficient grounds to revoke said plan and require compliance
with the standard provisions of this chapter.
(4) If agricultural activities result in degradation of a critical area, the farmer shall be required to
either cease the agricultural activity that results in critical area degradation or prepare a critical
areas checklist and supporting documentation that demonstrates how farming activities will be
brought into compliance with critical area protection requirements. The critical areas checklist
shall be submitted to department of community development for review and approval. If the
administrator determines the proposed activities and conservation practices do not sufficiently
address critical areas degradation, a farm assistance agency or qualified professional shall
prepare a schedule of conservation practices. The proponent shall allow the County or farm
agency with expertise reasonable access to the parcel to determine that the scheduled
conservation practices are installed, and critical areas functions are not being degraded. If
compliance cannot be achieved, other enforcement action based on Chapter 18.50 shall be
required.
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(5)A producer is responsible only for those conditions caused by agricultural activities conducted
by the producer and is not responsible for conditions that do not meet the standards of this article
resulting from actions of others or from natural conditions not related to the on-site agricultural
operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-
year, 24-hour storm) or other exceptional circumstances that are not the product of obvious
neglect are not the responsibility of the owner or operator.
18.22.7860 Limited Public Disclosure.
(1) Producers that have a farm plan developed by State or Federal farm assistance agencies will
not be subject to public disclosure unless required by law or a court of competent jurisdiction;
(2) Provided, that the county will collect summary information related to the general location of a
farming enterprise, the nature of the farming activity, and the specific conservation management
practices to be implemented such as through a critical areas checklist per JCC 18.22.720. The
summary information shall be provided by the farm operator or his/her designee and shall be used
to document the basis for the county’s approval of the proposal.
(3) The county will provide to the public via its website information regarding which farms have
approved Type 1 or Type 2 conservation practices per JCC 18.22.720 and the date of their
approval.
(4) Upon request, the county may provide a sample critical areas checklist, exclusive of site-or
property specific information, to give general guidance on the development of a conservation farm
plan.
Article IX.Special Reports
18.22.900Purpose.
(1)Purpose. Special reports may be required to provide environmental information and to present
proposed strategies for maintaining, protecting,or mitigating impacts to critical areas:
(a) Demonstrate that the submitted proposal is consistent with the purposes and specific
standards of this chapter;
(b) Describe all relevant aspects of the development proposal and critical areas adversely
affected by the proposal and assess impacts on the critical area from activities and uses
proposed; and,
(c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no
other feasible alternative exists.
(d) Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such
impacts shall include those to wildlife, habitat, and migration corridors; water quality and
quantity; and,other geologic or watershed processes that relate to critical area condition,
process, and/ororservice.
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18.22.905General requirements.
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(1) When Special Reports Are RequiredMust be Submitted.The administrator may shallrequire
a specialreport or reports if any portion of a proposed development or use has the potential to
negatively impacta critical area orencroach upon abuffer,and that impact or encroachment
requires mitigation,consistent with the standards found in this chapter.
(2) StandardMinimumRequirementsDescription.Special reports shall be prepared for reviewand
approvalby the administrator.In addition to specific requirements ofthe applicableparticular
special reportsdescribedrequirements presentedin this article, each specialreports shall
describenarratively and show graphically if applicable,at a minimum,the following:
(a)Theproposed activity, location and dimensions;
(b)Existing site conditionsand property boundariespreferably on a scaled site plan with
structures, features and geographic locationdescribed and graphically depicted;and,
(c)All Critical areas and their buffers on the project site.
(3) Minimum Assessment.Special Reportsshall also:
(ad)Assess potential impacts to critical areas function and valuesper the specific
requirements described in this article for each critical area type;
(be)Propose mitigation for unavoidable lossesand impacts to critical areas;
(c)Present a figureshowing the location of critical areas and buffers on the project site;
(d)Present a scaled site plan that includes a north arrow, property boundaries, existing
structures and features on the project site, and the limits of clearing needed during
construction;
(e) Identify amount of and limits of clearing, grading, and impervioussurface on aStormwater
Calculation Worksheet, if applicable;and,
(f) Present photographs of the project site.
(34)Special reportsshall be valid for fiveyears from the date the report was preparedand report
validitymay be extended by the administrator; provided,critical area conditions, including buffer
conditions, have not changed since the special report was written.The administrator shall have
the authority to require a revised specialreport, as needed, to satisfy all the provisions of this
chapter.
18.22.910Waivers.
The administrator may waive the requirement for a special reportin limited circumstanceswhen
an applicant demonstrates all of the following:
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(1) The proposal involved will not affect the critical area in a manner contrary to the goals,
purposes,and objectives of this code; and,
(2) The minimum protection standards required by this chapter are satisfied.
18.22.915Retaining consultants.
Jefferson County may retain consultants to assist in the review of special reports outside the
range of staff expertise. The applicant shall pay for the costs of retaining said consultants.
18.22.920Acceptance of specialreports.
(1) The administrator shall verify the accuracy and sufficiency of all special reports.
(2) If the administrator finds that a special reportdoes not accurately reflect site conditions, or
does not incorporate appropriate protections mechanisms, the administrator shall cite evidence
that demonstrates where the special report is insufficient or in error. The applicant may then revise
and resubmit the special report.
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18.22.930Critical aquifer recharge area reports.
(1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson
County to verify the accuracy of its critical aquifer recharge area map and to determine specific
aquifer protection measures to be applied to prevent significant adverse impacts to groundwater
quality, and in some caseswaterquantity.A critical aquifer recharge report shall be prepared
when requiredin Article III (critical aquifer recharge areas).
(2) Standards for Critical Aquifer Recharge Report or Hydrogeologic Evaluation. Acritical aquifer
recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical
aquifer recharge report shall include:
(a) A detailed description of how the project, including all processes and other activities that
havethe potential to impact groundwater recharge or for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and
existing groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site;and,
(vi) An evaluation of existing groundwater recharge.; and,
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(vii) A discussion and evaluation of the potential impact of the proposal upon
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groundwater recharge;
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming
an accidental spill or release of project-specific contaminants or on-site sewage discharge, or
both if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment
equipment,employee spill response training, and emergency service coordination measures;
(e) Best management practices to minimize exposure of permeable surfaces to potential
pollutants and to prevent degradation of groundwater quality; and,
(f) Demonstrate compliance with applicable protection standards in Section 18.22.330.
(g) Requirements for a monitoring program with financial guarantees/assurances that the
monitoring program will be implemented.
(3) County Review. Critical aquifer recharge report or hydrogeologic evaluationshall be forwarded
to the Jefferson County department of public health for technical review. The county may request
additional information in order to determine the adequacy of the reportsand may rely on input
from Washington Department of Ecology.
(4) Conditions for Mitigation Identified in the Critical Aquifer Recharge Reportor Hydrogeologic
Evaluation.The administrator shall determine appropriate permit conditions as identified in the
critical aquifer recharge report or hydrogeologic evaluationto mitigate the impacts of proposed
activities to critical aquifer recharge areas.
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18.22.940 Frequently flooded area reports.
(1) Habitat Assessment Required. A habitat assessment shall be submitted if any portion of the
proposed project occurs within a Special Flood Hazard Area (floodplain), as mapped by the
Federal Emergency Management Agency (FEMA).
(2) Standards for Habitat Assessment.
(a) In addition to the general requirements found at JCC 18.22.905, frequently flooded area
reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional
Guidance for Floodplain Habitat Assessment and Mitigation inthe Puget Sound Basin(or as
amended by FEMA).
(b) Habitat Assessments also shall be prepared to comply with Article III of this chapter and
the flood damage prevention ordinance, as codified in Chapter 15.15JCC.
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18.22.945Geologically hazardous areareports.
(1)When a Geological Assessment is Required.Whenever development is proposed in a
potentially geologically hazardous area as defined in Article V or when the department determines
that additional soils and slope analysis is appropriate on a particular site, the applicant is required
to submit a geological assessment.
(2) Purpose of Geological Assessments.Geological assessments evaluate the surface and
subsurface soil conditions that may impact a proposal or that may be impacted by a proposal.
(3)Types of Geological Assessments.Geological assessmentsshall be submitted as one of the
following types:
(a) A geological letter. When thegeotechnical professional finds that no hazard area exists
within two hundred feet of the site, a stamped lettermay be submitted demonstrating those
findings;
(b) A geological report. When thegeotechnical professional findsthat a geologically
hazardous area exists within two hundred feet of the site, but will not impact the site or need
engineering design recommendations;
(c) A geotechnical report. When thegeotechnical professional engineer finds that a
geologically hazardous area exists within two hundred feet of the site andwill require
engineering design recommendations or other mitigation measures necessary in order to
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construct or develop within the geologically hazardous area.
(51) Standards for All Geological Assessments.
(a)Must be Based on Site Conditions. Recommendations for earthwork, clearing or siting
structures in geologically hazardous areas shall be based on existing site conditions rather
than measures that have not yet been successfully approved, designed, or constructed (e.g.,
slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.).
(b) Limits on Shoreline Bulkheads and Retaining Walls.Shoreline bulkheads and retaining
walls may only be utilized as an engineering solution where it can be demonstrated that:
(i)An existing residential structure or other permitted existing public or private structures
or public facilities such as roads or highways cannot be safely maintained without such
measures;
(ii) Other nonstructural methods of beach stabilization have been considered and
determined infeasible; and,
(iii) The resulting stabilization structure is the minimum necessary to provide stability for
the existing structure and appurtenances.
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(c) Minor Repair Activities on Existing Permitted Structures.Minor repair activities on existing
permitted structures (i.e., those that do not involve design modifications, changes in structure
location, or demolition or abandonment of failed structure and replacement with new structure)
are not subject to the project submittal standardsin subsections (4) and (5).
(62)ProjectSubmittal Standardsfor Geological Reports. A geological report is required for site
development proposals that involve development activity or the installation of structures within a
geologically hazardous area, or as otherwise required but do not involve or require engineering
design recommendations. The following minimum information is required:
(a)Site information regarding the critical areas designations that affect site features;
(b)Description of surface and subsurface conditions, including ground materials, vegetation,
surface drainage, groundwater, and a preliminary geologic hazard assessment which includes
the locations of structures and the identification of the slope and/or coastal processes
occurring at the site and factors that contribute to them;
(c)Review of available site information, literature, and mapping;
(d)Detailed description of slope and other topographic features;
(e)Conceptual siting of structures and general recommendations, which include methods and
practices that avoid and/or reduce slope and shore impacts. Minimum recommendations
should include upland and slope drainage control, groundwater control, site vegetation
management, and erosion control;
(f) A description of how the proposal complies with the clearing, grading, excavation, and
, and the current version of
stormwater requirements in JCC 18.30.060and JCC 18.30.070
the Stormwater Management Manual for Western Washington;
(g) A description of potentialeffects of the proposal on stormwater quantity, quality, and runoff
patterns post-construction;
(h) A clear statement whether or not theproposal will affect or alter water movement to the
geologically hazardous area and its critical areas buffer if the proposal is implemented; and,
(i) Identify measures to avoid or minimize alteration of stormwater runoff patterns post-
construction.
(73) ProjectSubmittal Standardsfor Geotechnical Reports. A geotechnical report is required
when the department or a geological report determines that a proposal requires additional site
information such as engineering design recommendations, slope stability analysis, subsurface
exploration and testing, coastal process analyses, or construction recommendations. Depending
on the level of activity proposed, the geotechnical report will either be a more limited geotechnical
slope evaluation report or a full geotechnical design investigation report as described below.
(a)Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required
when slope stability analyses are confined to addressing only existing surface and/or drainage
conditions, including the relationship of natural and constructed slope features to proposed
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changes in environmental conditions such as drainage, vegetation removal and slope
geometry. The following minimum information is required:
(i) All the information required under subsection (2) (Project Submittal Standards for
Geological Reports);
(ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical
engineer;
(iii) Estimated (or surveyed) site plan with ground surface profiles and typical cross-
sections;
(iv) Relative location of ordinary high water (OHW) on the surface profile and cross-
sections, where applicable;
(v) Soil strength parameters;
(vi)Stability analysis of existing site;
(v)Analysis of the relationship of vegetation and slope stability; and,
(vi) Conceptual site development plans and cross-sections.
(b) Geotechnical Design Investigation Report. A geotechnical design investigation report is
required for site development activities that propose design and construction measures at the
slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal
processes, the report will not be required to perform all items listed under this section, as long
as each item is addressed and the report details why a particular item does not apply. The
report shall include all items considered necessary by the engineer to fully address the
engineering design requirements of the site. The following minimum information is required:
(i) All the information required under subsection (1)(a) of this section (Geotechnical Slope
Evaluation Report);
(ii) Geotechnical requirements and measures to reduce risks;
(iii) Geotechnical criteria used for any designs including all critical dimensions, lateral earth
pressures, soil bearing pressures, location,and limits of structures on or near the slope,
maximum constructed slope angles, minimum soil reinforcement embedment, soil
compaction requirements, and structure heights;
(iv) Temporary construction slope stability recommendations and analysis of proposed
final site stability measures;
(v)Required construction specifications and construction monitoring procedures;
(vi) Revegetation and surface and groundwater management requirements;
(vii) Evaluation of erosion potential, recommendations for erosion avoidance and any
proposed mitigation measures;
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(viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to
design and construction, and when required for clarification, detailed examples of tests
conducted for the project; and,
(ix) Information outlined in the geotechnical design investigation report site evaluation
checklist required insubsection (d).
(c) Additional Requirements for Projects in Landslide-prone Geologically Hazardous Areas.
When a project is located within a landslide-prone geologically hazardous area, the following
additional project submittal requirements shall apply:
(i) Erosion Control Information. An evaluation of the erosion potential on the site during
and after construction is required. The evaluation shall include recommendations for
mitigation, including retention of vegetative buffers and a revegetation program. The
geotechnical engineer shall provide a statement identifying buffer areas at the top or toe
of a slope based on geotechnical site constraints andthe impacts of proposed construction
methods on the erosion potential of the slope.
(ii)Seismic Information. The geotechnical engineer shall submit a statement that the
design criteria consider the one-in-one-hundred-year seismic event (an earthquake
ground motion that has a forty percent probability of exceedance in fifty years).
Calculations of soil bearing capacity, general soil stability, and wall lateral earth pressures
shall be adjusted to reflect a one-in-one-hundred-year seismic event and the structural
plans for the project shall be reviewed by the geotechnical engineer for consistency with
these design criteria:
Analysis for the one-in-one-hundred-year seismic event shall be based on a
near-crustal event having an assumed magnitude of 6.5 and occurring directly
below the site. Based on regional studies performed by others, the department
will allow the use of the following minimum general values of horizontal peak
ground accelerations for this event:
a = 0.2g for fill, alluvial soils
a = 0.17g fortill, firm glaciated soils
a = 0.15g for rock.
The appropriateness of the above accelerations shall be confirmed by the
geotechnical engineer based on the actual site characteristics. Reduction in
the above values may be considered when supported by the appropriate
analytical evidence. Slope stability, lateral pressures, and liquefaction of the
site shall be assessed by using subsurface soil, rock,and groundwater
conditions, as well as the seismic parameters discussed above.
(iii)Recommendations on Relative Site Stability. The geotechnical engineer shall make
recommendations as to which portions of the site are the least prone to instability and the
preferred location of the structure. The limits of any area proposed for grading activity shall
be identified.
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(iv) Construction Season Limitation. In general, no excavation will be permitted in
landslide-prone geologically hazardous areas during the typically wet winter months.
When excavation is proposed, including the maintenance of open temporary slopes,
between October 1st and April 30th, technical analysis shall be provided to ensure that no
environmental harm, threat to adjacent properties, or safety issues would result. In
addition, recommendations for temporary erosion control and shoring/mitigating measures
shall be provided. The technical analysis shall consist of plans showing mitigation
techniques and a technical memorandum from the geotechnical engineer.
(v) Revisions to Geotechnical Report. Further recommendations shall be provided by the
geotechnical engineer should there be additions or exceptions to the original
recommendations based on the plans, site conditions, or other supporting data. If the
geotechnical engineer who revises the plans and specifications is not the same engineer
who prepared the geotechnical report, the new engineer shall, in a letter to the department,
express his or her agreement or disagreement with the recommendations in the
geotechnical report and state whether the plans and specifications conform to his or her
recommendations.
(vi) Plan and Specification Review. The geotechnical engineer shall submit a statement
that, in his or her judgment, the plans and specifications (if prepared by others) conform
to the recommendations in the geotechnical report and that all portions of the site which
are disturbed or impacted by the proposed development have appropriate measures or
specifications that permit construction to occur while addressing slope stability so that the
work does not create additional risk. The statement shall also indicate whether or not a
relative gain in slope stability will be achieved after construction is complete.
(vii) Construction Inspection. A final inspection report shall be provided by the geotechnical
engineer stating that construction has or hasnot implemented the design
recommendations of the geotechnical report andevaluating any deviation from the design
recommendations.
(d) Geotechnical Design Investigation Report –Site Evaluation Checklist. The following are
report guidelines for geotechnical design investigation reports:
(i) Project information:
(A) Site owner name;
(B) Project proponent name;
(C) Ordinary high-water mark (OHWM) where applicable; and,
(D) Critical areas designations affecting site features.
(ii) Project description,including:
(A)Description of proposed structures, site improvements, and adverse impact
avoidance and reduction methods; and,
(B) Location and total area of the construction zone.
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The checklist information shall be included as part of the geotechnical design investigation
report. All items listed above must be addressed in the report. However, the above guidelines
are not intended to be all-inclusive. It is the responsibility of the geotechnical engineer to
address all factors which in their geotechnical design investigation reportis relevant to the
project. For any items in the checklist that are not relevant to a project, information shall be
provided to demonstrate why the checklist items are not relevant to a project.
(84)Results of Department’s Review. The department shall review the geological assessment
and either:
(a) Accept the geological assessment and approve the application; or,
(b) Reject the geological assessment and require revisions or additional information.
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18.22.950Habitat Management Reports.
(1) General. When required in Article VI, asite visit conducted by a wildlifebiologist is required to
determine if a fish and wildlife habitat conservation area (FWHCA)or buffer is present. Based on
the site visit, the biologist shall prepare a habitat reconnaissanceletter or a habitat management
planand include all of the required information described in JCC 18.22.905.Habitat
reconnaissanceletters and habitat management plans shall be prepared based on requirements
in Article VI (fish and wildlife habitat conservation areas), the general report requirements of
18.22.905, and the criteria specified insubsections (3) and (4) below.
(3)Habitat ReconnaissanceLetter.A habitat reconnaissanceletter shall be prepared and
submitted only if all project components, including areas of temporary impact and the limits of
construction, are outside of all FWHCAbuffers, as described in this chapterJCC 18.22.265(1)(a);
provided,nocritical areas buffer reduction is proposed. A habitat reconnaissanceletter shall
document that proposed projectsbecause of their location will not impact FWHCA and will
includeaddressthe following:
(a) Identify the site location and describe the siteconditions;
(b) Describe the proposed activity;
(c) A description ofDescribeall FWHCAsand buffers on the property;
(d) Narratively and graphically pPresent the distance of all FWHCAsfrom the limits of clearing,
as shown on asite plan. The site plan used during the site visit shall be included in the habitat
review letter; and,
(e) Photographs of the site and the FWHCAs.
(4) Habitat Management Plan. A habitat management plan shall be prepared and submitted if any
portion of the proposed activity, including areas of temporary impact and areas within the limits of
clearing, are within a FWHCA , as described in this chapterJCC 18.22.265(1)(b), or if a critical
areas buffer reduction is proposed. A habitat management plan shall address the following:
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(a) Site location, including parcel number;
(b) Detailed description of all proposedproject components relative to on-site
FWHCAsproperty boundaries, other on-site development, and limits of clearing;
(c)State whether or not in-water work is proposed, and if so, describe timing and methods of
construction;
(d)Date site visits were made and date report was completed;
(e)Summarize theinformation reviewed (such as maps and reports)to determine the potential
for FWHCAs or their critical areas buffers to occur on the project site. Based on this review,
identify all FWHCAs and critical areas buffers that maybe present on or in the vicinity of the
project site;
(f) Describe the existing conditions on the property;
(g)Detailed description of the field investigation results, including habitat types present on the
property, habitat conditions with FWHCAs, location of native vegetationon the property, and
location of non-native or invasive vegetationon the property.The habitat management report
should indicate if the critical areas extend offsite;
(h) If the project area is identified as potential habitat for threatened or endangered species,
provide dates and times ofsite visit(s), methods used to determine presence or absence of
listed species, methods used to determine if appropriate habitat occurs onsite or in the vicinity
of the site, and results of the field investigation.
(i)In addition to complying with the clearing, grading, excavation, and stormwater
requirements in JCC 18.30.060and 18.30.070, and the current Stormwater Management
Manual for Western Washington, describe any potential effects of the proposed activity on
stormwater quantity, quality, and runoff patterns post-construction. The report must clearly
indicate if the proposal will affect or alter water movement to the FWHCA and buffer if the
proposal is implemented and identify measures to avoid or minimize alteration of stormwater
runoff patterns post-construction.
(j) Identify all potential impacts of the proposed activity on FWHCAs.The habitat management
reportshall include:
(i) Mitigation Sequencing. Describe measures to avoid and minimize impacts to FWHCAs.
For any unavoidable impacts, describe and justify all project components that cannot avoid
impacting the FWHCA., and why the impacts cannot be avoided. Identifymeasures taken
to minimize impacts.For unavoidable impacts, mitigation plans must be prepared in
accordance with (k) of this subsection.
(ii) Types of Impacts. All potential impacts to FWHCAsand their functions and values shall
be identified and described in the habitat management report.Habitat management
reports shallconsider direct impacts, indirect impacts, permanent impacts, temporary
(long-term and short-term) impacts, and cumulative impacts.
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(iii) Impact Area. The area (square footage) of potential impact shall be quantified for each
FWHCA. At a minimum, impact area shall include FWHCAthat occurs within the limits of
clearing, as shown on the site plan.
(iv) Functional Impact. The habitat management reportshall describe how FWHCA
functions will be affectedby the proposed development or use. The habitat management
report shallconsider how the proposed activity will affect natural processes.
(k)Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall
include:
(i) Description andscaled, graphic rendering of the mitigation proposal and of the area,
andsuitability, and objectivesof the area to compensate for impactarea and functions.
(ii) Detailed description of the mitigation proposal.
(iii)Goals and objectives of the mitigation, including a detailed description of how the
proposal will compensate for impacts.
(iv)A table identifying impact areas(in square feet) and functions affected for each
FWHCA andbuffer that also identifiesmitigation areas(in square feet) and functions. The
table shall clearly show alink between potential impacts(area and function) andproposed
mitigation (areaand function).
(v) Mitigation plans shall include performance standards that are applicable to the goals
andobjectives of the mitigation effort. Monitoring shall be requiredannually for five years
and quantifiable performance standards shall be specified in the plan foreach of the five
yearsof monitoring.
(vi) A planting plan, when appropriate,that lists the species to be planted, including
quantity and planting density of each species to beinstalled.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall
be described.
(viii)Contingency measuresshall be described. If any performance standard is not met,
the administrator shall require contingency measures be implemented and may extend
the monitoring period beyond five years to ensure FWHCAsare adequately mitigated and
protected.
(ix) Figure showing existing conditions, including the property boundaries, the location of
the proposed activity and limits of clearing, existing structures and other physical features
on the property, the location of all on-site FWHCAs,andall on-site FWHCAbuffers.This
figure shall beto scale using an easily readable (engineering) scale.
(x) Figure showing impact areas on the property. Figure must be to scale based on an
engineering scale and shall show all FWHCAspotentially affected bytheproposalrelative
to the limits of clearing, property boundaries, and existing site features.Type of impact
and area of impact in square feet, as described in subsection (4)(i)(ii) and (iii) above shall
be included on the figure.
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(xi) Figure showing mitigation areas on the property. Figure must be to scale basedon
an engineering scale and shall show all mitigation areas proposed on the property. Square
footage of each mitigation area shall be shown on the figure. If buffer averaging is
proposed, the area of increase shall be shown relative to the area of decreaseon the
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figure.
(xii) Photographs of the site and the FWHCAs.
(5) Habitat management plans prepared for shall addressany unavoidable development activity
within a FWHCA or the inner 75 percent of astandard buffer shall andaccompany either a
financially bondedcritical area stewardship planor critical areas variance application or
reasonable economic useexceptioninJCC 18.22.2650or 260.
(6) In-lieu Fee Program. A mitigation plan shall not be required if an actively managedILF
program, is used to mitigate project impacts,provided that the administrator has approved the
use of ILF to achieve compensatory FWHCA mitigation.
18.22.955Process and requirements for designating habitats of local importance as
critical areas.
(1) Purpose. This section describes the process for designating species and habitats of local
importance that are not covered by the federal and state sensitive, threatened,or endangered
species regulations. Accordingly, thissection details the requirements for designating and
monitoring species and habitats of local importance, as well as removing such species and
habitats from designation if necessary.
(2) Definition. The use of the term “habitat” in this section means a place or type of site where a
plant or animal naturally or normally lives and grows, and includes areas used by a species during
any life stage at any time of the year.”
(3) Procedure for Designation –Generally. An application/nomination to designate a habitat of
local importance as a critical area shall be processed according to the procedures for Type V land
use decisions established in Chapter 18.40JCC.
(4) Nominations/Applications. Any person, organization, or Jefferson County agency may
nominate and apply for designation a species or habitat of local importance. A nominating person
or organization must be a resident of, or headquartered in, Jefferson County.
(5) Nomination/Application Submittal.
(a) The applicant shall provide information demonstrating that the species or habitat is native
to Jefferson County, existing on or before the date of adoption of the regulations codified in
this chapter.
(b) All nominations/applications for designation of a species/habitat of local significance shall
include the following:
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(i) Identification of the species including its scientific and locally common name(s);
(ii) Identification of the geographic location, including Jefferson County parcel numbers,
and extent of the habitat associated with a nominated species or the nominated habitat
itself if not associated with a nominated species; a map of an appropriate scale to properly
describe the location and extent of the habitat will accompany the nomination, as well as
geo-referencing information sufficient to allow mapping of the habitat site in the county
GIS mapping system;
(iii) The status of the species or the occurrence of the type of habitat in surrounding
counties and in the rest of the state has been considered in making this nomination;
(iv) A management strategy for the species or habitat;
(v) Indications as to whether the proposed management strategy has been peer reviewed,
and if so, how this was done and by whom;
(vi) Where restoration of habitat is proposed, a specific plan, including how the restoration
will be funded, must be provided as part of the nomination;
(vii) Recommendations for allowed, exempt, and regulated activities within the area;
(viii) Recommended buffer and setback requirements and their justification;
(ix) Seasonal requirements;
(x) A monitoring plan must be practical and achievable and include the following:
(A) Baseline data and a description of what measurements will be used to determine
the success of the project. The plan shall include the criteria and time period required
to evaluate the success of the plan;
(B) A contingency plan for failure;and,
(C) A list of all parcels not included in the nomination but affected by the monitoring
process.
(xi) The nomination must also include an economic impact, cost,and benefits analysis.
The nomination must also include an analysis of alternative solutions to formal designation
of the habitat of local importance as a regulated critical area under this chapter.
(c) The applicant shall be responsible for paying all fees and all expenses incurred by
Jefferson County to process the application.
(6) Review and Approval Criteria.
(a) Species nominated for designation under this sectionmust satisfy the following criteria:
(i) Local populations that are in danger of extirpation based on documented trends since
the adoption of the Growth Management Act;
(ii) The species is sensitive to habitat manipulation;
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(iii) The species or habitat has commercial, game, or other special value such as locally
rare species;
(iv) The nomination includes an analysis of the proposal using best available science; and,
(v) The nomination specifies why protection by other county, state or federal policies, laws,
regulations or nonregulatory tools is inadequate to prevent degradation of the species or
habitat and for which management strategies are practicable, and describes why, without
designation and protection, there is a likelihood that the species will not maintain and
reproduce over the long term, or that a unique habitat will be lost.
(b) Habitats nominated for designation under this section must satisfy the following criteria:
(i) Where a habitat is nominated to protect a species, the use of the habitatby that species
must be documented or be highly likely or the habitat is proposed to be restored with the
consent of the affected property owner so that it will be suitable for use by the species;
and, long-term persistence of the species in Jefferson County and adjoining counties is
dependent on the protection, maintenance or restoration of the habitat;
(ii) Areas nominated to protect a particular habitat must represent either high quality native
habitat or habitat that has an excellent potential to recover to a high-qualitycondition and
which is either of limited availability or highly vulnerable to alteration;and,
(iii) The nomination specifies the specific habitat features to be protected (e.g., nest sites,
breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nomination
shall specify those features that are required for the corridor to remain viable to support
and protect the nominated species.
(7) Review and Approval Process.
(a) The department of community development shall determine whether the application
submittal is complete. If deemed complete, the department shall evaluate the proposal for
compliance with the approval criteria in this section and make a recommendation to the
planning commission based on those criteria. The department shall also notify all parcel
owners affected of the terms and contents of the proposal.
(b) Upon receipt of a staff report and recommendation from the department, the planning
commission shall hold a public hearing, and make a recommendation to the board of
commissioners based upon the approval criteriain this section.
(c) The Jefferson County board of commissioners shall consider the recommendation
transmitted by the planning commission at a regularly scheduled public meeting, and may
then adopt an ordinance formally approving the designation. Should the board wish to vary
from the planning commission recommendation and alter or reject the application, such action
may only occur following a separate public hearing conducted by the board.
(d) Upon approval, the ordinance designating and regulating the species or habitat of local
importance shall be codified in this article for public information and implementation by the
department, and a notice to title shall be placed upon all parcels affected by the designation.
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(e) Each ordinance creating a species or habitat of local importance shall include periodic
review or reassessment of the initial designation. The length of the periodic review may be
dependent on the characteristics of the species or habitat.
(8) Removal from Designation. Species or habitats of local significance may be removed at any
time; provided, they no longer meet the criteria in subsection (5) of this section (e.g., as a result
of a natural catastrophe or climatic change event); and provided further, that the procedural
requirements of this section and the procedural requirements established for Type V land use
decisions within Chapter 18.40JCC are met.
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18.22.9560Wetland reports.
(1) General. When required by Article VII, a site visit conducted by a qualified wetland professional
is required to determine if a wetland is present. Based on the site visit,a wetland reconnaissance
letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and
wetland delineation reports shall be prepared based on requirements Article VII (wetlands), the
general report requirements of JCC 18.22.905, and the criteria specified in subsections (3) and
(4) below.
If a proposed activity is unavoidable and occurs within a wetland or the inner 75 percent of a
wetland buffer the wetland reports shall accompany either a financially bonded critical area
stewardship plan or critical area variance application in JCC 18.22.250 or reasonable economic
use exception in JCC 18.22.260.
(3) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and
submitted only if all the project components are at least 300 feet from areas of temporary impact
and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance
lettershall document that proposed projects because of their location will not impact wetlands
and will include the following:
shall address the following:
(a) Identify the site location and describe the site conditions;
(b) Describe the proposed activity;
(ca) Describe all wetlands and buffers on the property;
(db)Narratively and graphically describePresentthe distance of all wetlands from the limits of
clearing, as shown on the site plan; The site plan used during the site visit shall be included
in the wetland reconnaissance letter;
(ec) Provide a wetland delineation field data form for all potential wetland areas assessed;
(fe) Plot locations shall be shown on the site plan that is attached to the wetland
reconnaissance letter; and,
(gf) Photographs of the site and the wetlands.
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(4) Wetland Delineation Report. A wetland delineation report shall be prepared and submitted if
any portion of the proposed activity is within 300 feet of areas of temporary impact and areas
within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall
address the following:
(a) Site location, including parcel number.
(b) Detailed description of all proposed project components relative to property boundaries,
other on-site development, and the limits of clearing.
(ca) Date site visits were made and date report was completed.
(db)Summary of information reviewed (such as maps and reports) to determine the potential
for wetlands to be present. Based on this review, describe wetlandsthat may occurwithin 300
feet of the proposed activity.
(e) Describe existing conditions on the property.
(fc) Detailed description of the field evaluation results, including methods used to determine if
wetlands occur onsite or within 300 feet of the proposed activity, location and types of
wetlands identified, and buffer conditions. Discuss all on-sitewetlands identified, potential off-
site wetlands, and wetland ratings and buffer widths. Indicate locations of wetland boundary
flagging and plot flagging, including flag color, type, and number.
(gd) In addition to complying with the clearing, grading, excavation, and stormwater
requirements in JCC 18.30.060 and 18.30.070, and the 2014 Stormwater Management
Manual for Western Washington (or as amended), describe any potential effects of the
proposed activity on stormwater quantity, quality, and runoff patterns post-construction. The
report must clearly indicate if the proposal will affect or alter water movement to the wetland
if the proposal is implemented and identify measures to avoid or minimize alteration of
stormwater runoff patterns post-construction.
(he) Describe how the proposal complies with all the requirements of Article VI (Wetlands).
(fi) Wetland rating form for each wetland identified shall be included in the wetland report.
(jg) Figure showing mitigation areas on the property. Figure must be to scale based on an
engineering scale and shall show all mitigation areas proposed on the property. Square
footage of each mitigation area shall be shown on the figure. If buffer averaging is proposed,
the area of increase shall be shown relative to thearea of decrease on the figure.
(kh) Photographs of the site and the wetlands and/ororbuffer.
(5)If any portion of the proposed activity is unavoidable and within a wetland or the inner 75
percent of a standard buffer, prepared wetland reports shall accompany either a financially
bonded critical area stewardship plan or critical area variance application in in JCC 18.22.250 or
reasonable economic use exception in JCC 18.22.260.A mitigation plan shall not be required if
an actively managed ILF program, is approved by the administrator and used to mitigate project
impacts.
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18.22.965Critical area stewardship plans.
(1) Property Owner Election. Property owners may elect to develop site-specific critical area
stewardship plans (CASPs) as an alternative to the prescriptive requirements of Article VI (Fish
and Wildlife Habitat Conservation Areas (FWHCAs)) andArticle VII (Wetlands) of this chapter.
(2) The administrator may approve CASPs for critical area buffer reductions greater than 25
percent; provided,the project does not require a reasonable economic use variance.
(3) Review and Approval of CASPs. The administrator shall be responsible for reviewing and
approving submitted CASPs. The administrator may, at the administrator’sdiscretion, seek
technical assistance from the Jefferson County conservation district, Washington Department of
Fish and Wildlife or the Washington Department of Ecology when reviewing CASPs.
(4) Applicability and Limitations. The following provisions define the applicability and limitations
of the CASP:
(a)CASPs may be used in any zoning designation if the provisions of this article can bemet.
CASPs may not be used in the urban growth area if a buffer reduction implemented while
using transitional zoning (i.e., rural zoning designation prior to connection with a sewer
system) has the potential to precludefuture density requirements.The overall goal of the
CASPis to maintain existing functions and values of the watershed and subbasin,while
addressing the needs and desires of the property owner.
(b)CASPs can be applied to properties one-quarter acre or larger.
(c) CASPs are only applicable to fish and wildlife habitat conservation areas and associated
buffers (Article VI) or wetlands and associated buffers (Article VII).
(d) CASPs must provide equal or greater protection of critical area functions and values than
the prescriptive standards of buffers and setbacks.
(e) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC.
(5) Implementation.
(a) A CASP permit is valid for the same timeframe as the underlying permit(e.g., building
permit, septic permit, shoreline permit).If the underlying permit does not have a specified
expiration dateor if the CASP application is a standalone application, the CASP permit shall
be valid for three years from the date the CASP permit is issued.ACASP permit shall not be
considered valid beyond five years from the date the CASP permit is issued.If the underlying
permit remains validbeyond five years, the CASP permit shall be considered null and void.
Once the permit has expired, it shall not be renewed.
(b) The applicant shall record a notice title for any approved mitigation at the Auditor’s Office
and shall post a mitigation performance bond with DCD.The administrator shall provide the
necessary paperwork to the applicants.Assuming the administrator does not need to
designate staff (or contract with other qualified professionals) to ensure that maintenance and
monitoring are completed as required by this section, the performance bond is to be refunded
to the applicant at the end of the specified monitoring period or when all performance
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standards are met, whichever is greater.The CASP permit is a conditional approval and no
other permits (such as building, shoreline, septic) shall be approved until the applicant has
recorded the notice to title and posted the performance bond.
(6) As-built plan requirement. An as-built plan shall be prepared by a wetland specialistdescribing
the action taken to implement the CASP. This as-built plan shall include:
(a) A contour map describing final contours if grading is required;
(b) A quantitative description of the vegetation planted;
(c) Establishment of two or more permanent photo documentation stations with established
bearings and monuments to ensure that subsequent photographs depict the same landscape for
comparative purposes;
(d) Additional photographic documentation that shows the condition of mitigation area(s)once
CASPmitigation has been implemented;
(e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as
presented in the approved CASP report and to the CASP permit conditions; and,
(f) Building final certificate of occupancy and/ororseptic final shall not be issued until the applicant
has submitted an as-built showing compliance with this article, the approved CASP report, and
all CASP permit conditions.
(7) Contingency Plan Requirement. A contingency plan is required describing how the CASP
might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify
the goals because of events outside the landowner’s control (e.g., damage associated with a
wildlife). For instance, if one of the planted species of vegetation proves ill adapted to the
environment and fails to survive or thrive to the extent needed to provide the intended function
then alternative species should be identified. In general, plans should initially plant at greater than
120 percent of the specified final density of shrubs and trees. The contingency plan should call
for either supplemental planting when the density falls below the prescribed final density or it could
call for the planting of alternate specie(s).
(8) Failure to submit required reports. Failure to submit a report required under this article shall
constitute a failure to comply with the terms of the permit.
(9) Performance Bond. The administrator shall authorize the use of the performance bond to
ensure maintenance and monitoring are completed to comply with permit conditions.In the event
the performance bond amount is insufficient to ensure compliance with the permit (or if activities
on the site have negatively affected the mitigation area(s), the failure to comply with CASP permit
conditions shall be processed by the administrator pursuant to Chapter 18.50JCC (Enforcement).
(10) Waiver.
The administrator may waive portions of a critical area stewardship plan (CASP) if, in the
administrator’sopinion, critical area functions and values will not be adversely affected by a
proposed activity.
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(11) Recording of Approved CASP Required. An approved CASP must be recorded on the
property deed (recorded with the Jefferson County auditor) and must remain in effect unless
replaced by a new or updated CASP approvedby the county.