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HomeMy WebLinkAboutSMP Task Force Scoping Topics_Memo 1_2020_0924 1 SMP Task Force Scoping Topics #1 DRAFT September 24, 2020 INTRODUCTION As a follow up to the September 21, 2020 meeting, this document summarizes and transmits some materials to support the Shoreline Master Program (SMP) Task Force meeting on September 28, 2020. Attached are: ▪ The Power Point delivered on September 21, 2020; you may also review the meeting itself at AV Capture ▪ SMP Periodic Checklist, Draft February 2020 ▪ Maps of Shorelines of Statewide Significance The remainder of this document summarizes the attachments, as well as identifies SMP Task Force topics of interest to date including: ▪ Approaches to Sea Level Rise in other SMPs ▪ Summary of Other Topics Identified by Task Force Members PERIODIC CHECKLIST The State of Washington Department of Ecology has developed a Periodic Review Checklist meant to summarize amendments to state law, rules and applicable updated guidance adopted between 2007 and 2019 that may trigger the need for local SMP amendments during periodic reviews. A draft checklist prepared in February 2020 is attached. It is subject to update as the County proceeds with the SMP Periodic Update. To date it has identified limited required amendments and some optional amendments. SHORELINES OF STATEWIDE SIGNIFICANCE The Shoreline Management Act (RCW 90.58.020) provides the state policy around coordinated planning for shorelines of the state, and the need to address shoreline uses, conservation, and public access. For shorelines of statewide significance, there are particular use preferences to provide optimal implementation of the Shoreline Management Act. The SMP Task Force requested maps identifying such shorelines. Ecology shoreline planner Michelle McConnell provided those to the County. Definitions of shorelines of the state and shorelines of statewide significance are at DRAFT September 24, 2020 Jefferson County | SMP Periodic Review: Task Force Scoping Topics #1 2 CLIMATE CHANGE/SEA LEVEL RISE The SMP applies to shorelines of the state, as established in RCW 90.58.030: ▪ All marine waters. ▪ Segments of streams where the mean annual flow is more than 20 cubic feet per second. ▪ Lakes and reservoirs 20 acres and greater in area. ▪ Associated wetlands. ▪ Shorelands adjacent to these water bodies. This is typically the land area within 200 feet of the water body, although there are exceptions in the law/rules. The Jefferson County SMP (2014) contains the following policy on climate change/sea level rise on page 3-5 applicable to shoreline jurisdiction: Encourage all use and development to address potential adverse effects of global climate change and sea level rise. The Jefferson County Comprehensive Plan is applicable countywide, and also addresses climate change in goals and policies, including, but not limited to: 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. Policy LU-P-7.1 Ensure that land use decisions consider climate change, and are based on land use ordinances which are in compliance with the Critical Areas Ordinance and all applicable state environmental laws. Policy LU-P-7.3 Develop information and action plans regarding impacts to land use from climate change, including protecting or moving infrastructure from inundation areas; review of hydrologic budgets and water impoundment and conservation measures for changing precipitation patterns; and protection of water quality from seawater intrusion or other pollutants to drinking water quality. Policy LU-P-9.1 Periodically review, and if necessary, update the Jefferson County Flood Damage Prevention Ordinance to reflect such things as climate change, and changes in federal, state and local legislation, including Jefferson County-City of Port Townsend Natural Hazards Mitigation Plan adopted in 2004. 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. 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 DRAFT September 24, 2020 Jefferson County | SMP Periodic Review: Task Force Scoping Topics #1 3 adaptation strategies suited to Jefferson County’s soils and farm economy. Policy CF-P-4.3 Consider potential effects of climate change when making siting decisions for capital facilities, also with consideration of the land use and environment goals and policies of the Comprehensive Plan. Ecology has summarized approaches to sea level rise in SMPs in its SMP Handbook Appendix A, “Addressing Sea Level Rise in Shoreline Master Programs https://fortress.wa.gov/ecy/publications/parts/1106010part19.pdf.” Example SMPs provide policies to encourage consideration of climate change/sea level rise in shoreline developments, similar to Jefferson County’s current SMP policy. Some SMPs allow for flexibility such as adjustments to height or other standards to account for structure design and response to geologic or flood hazards and associated climate change or sea level rise. More recently, the Whatcom County SMP Periodic Review, Scoping Document, describes that their periodic review will address climate change policies: “Develop and/or strengthen policies regarding climate change/sea level rise, including the incorporation and use of new data (as it becomes available), to review and revise, if warranted, shoreline use regulations.” Port Townsend is currently considering SMP amendments. Their draft amendments identify a potential to consider sea level rise data when determining the ordinary high water mark. The SMP Task Force will be developing a “scope” or “menu” for the SMP Periodic Review. The SMP Task Force could consider the following topics regarding whether to advise Jefferson County on including climate change/sea level rise as a subject for the Periodic Review: ▪ Area of Influence: The SMP applies to shoreline jurisdiction. Changes in sea level rise will be felt in shoreline jurisdiction. Other plans or regulations apply countywide (e.g. Comprehensive Plan) and may be more appropriate to address a holistic approach to climate change. It is possible to address shorelines as part of a focused countywide review. ▪ Combination of SMP Requirements: The SMP contains a number of measures to manage shoreline uses and activities such as requiring buffers of 150 feet from marine and freshwater shorelines (100 feet on lakes). Some water dependent or other water oriented uses are allowed within the buffer. These activities/facilities need to demonstrate they avoid and minimize alterations of the shoreline and ensure no net loss of shoreline ecological function. ▪ Information and Timeline: The availability of information to support the policy development or procedures in the timeframe of the periodic review. ▪ Coordination: Considering the efforts of other adjacent jurisdictions like Port Townsend. ▪ Applicability of Other County Policies: The Comprehensive Plan identifies consideration of climate change effects such as with major infrastructure that has a long, useful life such as in the Transportation and Capital Facilities Elements. ▪ State policies and rules: Ecology has not developed specific rules for SMPs addressing climate change or sea level rise. More direction may come in the future ahead of the next SMP periodic review or update, generally every 8 years. DRAFT September 24, 2020 Jefferson County | SMP Periodic Review: Task Force Scoping Topics #1 4 OTHER TOPICS In addition to climate change and sea level rise, emails from SMP Task Force members to County staff indicate an interest in: ▪ Permit levels and review. ▪ Whether there have been SMP interpretations that would be helpful to understand. ▪ Ensuring compatibility of the SMP and Critical Areas Ordinance standards (e.g. invasive species control). The staff and consultants are compiling more information about approved permits and adjacent jurisdiction approaches that we can share briefly at the September 28, 2020 meeting. DRAFT September 24, 2020 Jefferson County | SMP Periodic Review: Task Force Scoping Topics #1 5