HomeMy WebLinkAbout04-21-2021 PC Agenda Packet621 Sheridan St.
Port Townsend WA 98368
Jefferson County Planning Commission
HEARING AGENDA
Virtual Meeting (no in-person attendance allowed per
Gov. Inslee’s Proclamation 20-28)
April 21, 2021
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
To call in comments or for those without internet, see instructions at bottom of page.
Public Hearing
REGARDING 2021 PRELIMINARY DOCKET OF
COMPREHENSIVE PLAN AMENDMENT PROPOSALS
5:30pm Welcome (chair) and Overview Presentation
Call to Order/Roll Call
Approval of Agenda
Staff Report Presentation ............. David Wayne Johnson, Associate Planner, DCD
Public Testimony
Opening Remarks .................................. Richard Hull, Chair, Planning Commission
Closing Remarks (Chair)
Thank you for coming and participating in your government at work!
Although the verbal record closes tonight, written testimony may be accepted after the close of the
public hearing at the discretion of the Planning Commission. All written testimony should be directed
to dwjohnson@co.jefferson.wa.us or to the Jefferson County DCD, 621 Sheridan Street, Port Townsend,
WA 98368. Please include “Department of Community Development – PC Public Hearing Comments”
in the subject line of all email comments submitted on this topic.
You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883-126-605
You can now participate in the video of the meeting and watch live!
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/Community-Development
Page 1 of 5
Department of Community Development’s Review and Recommendation
2021 Comprehensive Plan Amendment Cycle Preliminary Docket
TO: Jefferson County Board of Commissioners, County Administrator, Planning Commission, and
Interested Parties
FROM: Department of Community Development
DATE: April 13, 2021
Under Chapter 18.45 of the Jefferson County Code (JCC), the Jefferson County Department of
Community Development (DCD) annually accepts applications for formal site-specific Comprehensive Plan
amendments (re-zones, overlays) and suggested text amendments to the Jefferson County Comprehensive Plan
and Unified Development Code (UDC) for inclusion in the annual Comprehensive Plan amendment preliminary
docket. DCD accepts applications for each annual cycle’s docket until March 1st. In addition, DCD submits staff
suggested amendments for potential inclusion on the final docket.
For the 2021 annual amendment cycle, DCD received one complete application from Miles Sand and
Gravel for a “Mineral Resource Land Overlay” (MRLO) to expand their current mining operations. The MRLO is
considered a site-specific amendment and is automatically place on the final docket for processing during the
annual cycle per JCC 18.45.050(3). DCD also received one complete application for a UDC Text Amendment from
the Jefferson Land Trust for “Green Burials”, an alternative to conventional cemeteries. DCD staff suggested no
amendments and no suggested amendments were received from the Planning Commission (PC), Board of
County Commissioners (BoCC), or other interested parties by the March 1st deadline.
Chapter 18.45 of the JCC requires that the preliminary docket be reviewed by DCD, the PC, and the
Jefferson County BoCC prior to inclusion on the final docket. During this process DCD reviews and recommends
whether a suggested text amendment should be included in the final docket. Under JCC 18.45.060, DCD’s review
and recommendation includes the following factors:
a) Need;
b) Urgency;
c) Appropriateness;
d) DCD staff capacity to substantively review and manage the suggested text amendments; and,
e) Anticipated DCD cost and budget for processing the suggested amendments.
DCD’s review and recommendations are presented to the PC for their review of the preliminary docket.
After a public hearing, the PC makes a recommendation to the BoCC on which proposed amendments should be
included in the final docket. If the BoCC decides to change the PC’s recommendation by adding, deleting, or
modifying proposed docket items, they are required to hold a separate public hearing prior to the adoption of
the final docket. Once the final docket is adopted by the BoCC, DCD Staff processes the proposed amendments
consistent with the timeline below.
Page 2 of 5
Figure 1 - Process and Proposed Timeline for Establishing and Processing the Docket
Date Activity
March 1, 2021 Deadline for submittal of proposed Comp Plan and UDC text Amendments for the
preliminary docket per JCC 18.45.040(2)(a).
March 12, 2021 Staff prepares a formal Preliminary Docket of proposed amendments (attached) per JCC
18.45.050.
April 7, 2021 Staff presents the Preliminary Docket to the Planning Commission and briefs them on
the annual Comp Plan cycle and the docket process.
April 21, 2021 The Planning Commission holds a public hearing on the Preliminary Docket and crafts a
recommendation to the BoCC on what should be the final docket.
May 10, 2021 Staff presents the Preliminary Docket and Planning Commission Recommendation to the
BoCC.
June, 2021 The BoCC adopts a Final Docket should they accept the PC’s recommendation, or after
they hold a public hearing should they choose to change the recommendation.
July – Sept, 2021 Staff processes docket by review, analysis and produces a report with a recommendation
on approval, denial, or approval with conditions or modifications for each amendment.
October, 2021 Planning Commission reviews Staff Report and Recommendation, holds public hearing
and makes recommendation to the BoCC on approval of Final Docket.
Oct - Nov, 2021 BoCC reviews Amendments, Staff and Planning Commission recommendations. Holds
public hearing if changing Planning Commission recommendation. Staff drafts adopting
ordinance.
December 13, 2021 The BoCC shall take final legislative action on 2021 Docket by second regular board
meeting in December, unless extended by the BoCC consistent with WAC 365-196- 640(
3)(a).
Scheduled as required by Chapter 18.45 JCC
2021 Formal Site-Specific Amendment
Pursuant to JCC 18.45.050(3), the site-specific amendments shall be automatically placed on the final docket for
processing during the 2021 amendment cycle. This includes MLA21-00019.
MLA21-00019
Applicant: Miles Sand and Gravel
TYPE V COMPREHENSIVE PLAN AMENDMENT - MINERAL RESOURCE OVERLAY: The Applicant requests an
amendment to the Jefferson County Comprehensive Plan and Zoning Map to include land for Mineral Resources
Land overlay (MRLO). MRLO is used to “overlay” or designate the property as a mineral resource extraction area
as an interim use. The underlying land use designation of Commercial Forestry (CF80) would still exist and
forestry would remain the subsequent use after mineral resource extraction and reclamation are complete. The
amendment to the Jefferson County Comprehensive Plan and Zoning Map allows the Applicant to seek project-
specific approvals for mineral resource extraction. The MRLO designation in this proposal will add
approximately 200 acres to MRLO designated property at the locations shown on the map exhibits. The
geographic area proposed for addition to the MRLO is located in the vicinity of existing MRL overlay areas,
where there is an existing mineral extraction facility. Properties surrounding the proposed MRL overlay area are
in forestry use. Future uses of the proposed MRL overlay, on an interim basis, are expected to include sand and
gravel extraction and processing, which will coincide with existing forestry uses on areas not being actively
Page 3 of 5
mined. The proposed MRL overlay area is owned by Rayonier. Mineral resource extraction and associated
activities within this area will be conducted by Miles Sand & Gravel Company.
2021 Interested Parties Suggested Amendments
As noted above, DCD received one application from interested parties, by March 1, 2020 for suggested
amendments to the Comprehensive Plan or its implementing development regulations. A summary of this
application and Staff analysis is provided below:
MLA21-00018
Applicant: Jefferson Land Trust
TYPE V UDC TEXT AMENDMENT - GREEN BURIALS. This application proposes a change to the Unified
Development Code (UDC) to allow green burial cemeteries on forest zoned land, consistent with Policy LU-P-
29.4 of the Comprehensive Plan:
Policy LU-P-29.4 “Allow green burials in designated or accepting cemeteries and consider allowing green burial
cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a conditional
use permit.”
This policy also supports the Environmental Considerations in Chapter 5 [p.5-2] of the Comprehensive Plan,
including:
"reduction of greenhouse gas emissions and addressing climate change" and "environmentally friendly
development techniques" that "benefit overall ecosystem vitality and biodiversity while aiding
ecological restoration and adapting to climate disruption" [p.5-6].
A change to the UDC to allow green burial cemeteries on forest zoned land directly responds to this County
Policy in the Comprehensive Plan
Proposed UDC text amendment:
Change the land use table JCC 18.15.040 Categories of Land Use from a “no” cemeteries or prohibited use in the
Forest zone, to a “C(d)” conditional use, and change JCC 18.20.110(3) to include underlined text: “A protective
fence and landscaped strip of trees and shrubs at least 10 feet in width shall be installed on all common
property boundary lines, except for parcels zoned Forest land greater than 20 acres and approved with a
conditional use permit.”
Also, a change to JCC 18.20.110(6) to include underlined text: “Graves shall be located a minimum of 15 feet,
and 100 feet for Forest zoned property, from any property lines,” under the assumption that 100 feet of forest
land provides an adequate buffer from other properties that may not be zoned Forest.
Staff Analysis:
As noted above, the 2018 Comprehensive Plan was amended to specifically include a policy for this type
of use. The goals of the Comprehensive Plan state where we as a community want to be within the 20-year
planning horizon. The Policies are more specific guidance on how we can achieve those goals. Development
Regulations such as what is being proposed, must be consistent with the Goals and Policies of the
Comprehensive Plan to be valid, and lead to the direct “on the ground” implementation of the Comprehensive
Plan. This application is therefore consistent with the Comprehensive Plan.
Page 4 of 5
The next question is how this application meets the review factors under JCC 18.45.060(1):
a) Need;
b) Urgency;
c) Appropriateness;
d) DCD staff capacity to substantively review and manage the suggested text amendments; and
e) Anticipated DCD cost and budget for processing the suggested amendments.
• Need:
o This is needed in order to implement Policy LU-P-29.4 of the Comp Plan.
• Urgency:
o This project is not urgent. There are currently sufficient means and practices available to
dispose of human remains. The Land Trust has been exploring this option for the past
ten years. The UDC must be amended to allow this alternative type of burial before
more work can be done to actually site and operate this alternative, which will take
several more years. This emergent type of burial is drawing more and more attention
and interest, and though not urgent, it is timely, and this would be a good opportunity
to move it forward.
• Appropriateness:
o This amendment is appropriate for the reasons stated above, but also because green
burial is an alternative that significantly reduces the environmental impacts resulting
from conventional burial and cremation. This is the most compelling reason to use this
alternative, and also the reason it was promoted as a policy in the Comp Plan.
• DCD Staff Capacity:
o Currently, DCD staff lacks the capacity to efficiently and effectively process this
suggested amendment and the Site-Specific Amendment for the MRLO. Additional Staff
or outside consultants would be necessary due to existing DCD long-range planning
workload . Further, this suggested amendment would consume DCD resources that
could be spent on higher priority long-range planning activities, such as affordable
housing initiatives.
• Cost:
o Estimated level of effort: 60 hours
o Estimated cost: $5,820 = 60 hours @ $97.00 DCD Staff time
OR
o $8,400.00 (60 hours @ $140 (low end, $200 high end) per hour consultant services and
$300 in prorated administrative costs, such as printing and legal ads)
• DCD’s Recommendation for Inclusion on the 2020 Final Docket:
o DCD recommends that this item be included in the 2021 final docket if supplemental
funding for consultant services is provided to DCD. Revisions to the UDC to allow a more
environmentally alternative to conventional burial or cremation is not only consistent
with the Comp Plan but good for the environment and the community.
Department of Community Development Final Docket Recommendation
Page 5 of 5
DCD recommends that the Jefferson Land Trust’s application for a UDC amendment to allow green
burials on forest zoned land with a conditional use permit, be placed on the 2021 final docket for processing
during the annual Comprehensive Plan Amendment cycle, contingent upon consultant support to this and/or
the site-specific amendment for an MRLO. If the suggested text amendment is placed on the final docket, DCD
requests supplemental budget authority to support the docket work. DCD relies on a combination of on-going
general fund, project specific general fund, and grant dollars to support all long-range planning work. DCD’s
existing budget cannot support any suggested text amendments without supplemental budget authority.
JEFFERSON COUNTY
PLANNING COMMISSION
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: PlanComm@co.jefferson.wa.us
http://www.co.jefferson.wa.us/580/Planning-Commission
1
TO: Jefferson County Board of Commissioners
FROM: Jefferson County Planning Commission
DATE: September 15, 2020
SUBJECT: Jefferson County Planning Commission’s Report and Recommendation for the
2020 Comprehensive Plan Amendment Final Docket
The Jefferson County Planning Commission (PC) has conducted its review of the 2020 Preliminary Docket
(attached) and forwards this report and recommendation to the Jefferson County Board of Commissioners
(BoCC). This report identifies those suggested text amendments the Planning Commission is recommending for
consideration by the BoCC during the annual amendment process. We have based our recommendation on
need, urgency, and appropriateness of each suggested text amendment.
Additionally, the PC recommended four (4) suggested amendments for placement on the 2019 final docket. The
PC requests these items be placed on the 2020 Preliminary Docket for further consideration by the BoCC.
Due to the COVID pandemic, and the cancellation of ten (10) PC meetings from February thru July 2020, Staff
and the PC did not communicate regarding the March 1st deadline for inclusion on the preliminary docket and
those items were not initially included on the docket. After the August 5th PC meeting, and prior to the PC Public
Hearing of August 19th, Staff placed the subject amendments on the 2020 preliminary docket.
On August 19, 2020, the Planning Commission held a duly noticed public hearing to accept testimony regarding
the suggested text amendments on the Preliminary Docket. Thirty-seven written comments were received from
the public during the hearing which ended at 4:30 p. m. August 21, 2020.
The Jefferson County Planning Commission, representing the expressed will of the citizens of Jefferson County,
respectfully requests the opportunity to revisit the current marijuana, and Forest Transition Overly regulations
in order to refine, revise, remove and improve current regulations, consistent with Regulatory Reform
Resolution No. 17-19.
Further, the Jefferson County Planning Commission is advocating that the time to address pressing issues of
affordable housing with ultra-low-impact and impact-positive development is now.
We depend upon the Department of Community Development (DCD) to assist with the cultivation and analysis
of new approaches and ideas, especially when those new proposals are of an urgent planning nature. The PC
relies on DCD to provide community-based planning and analysis, it is critical that we fund additional DCD work
in the public interest in ways that are unattached to permit fees and are compatible with the Department’s
everyday operations. We submit to you the following recommendations regarding which suggested text
amendments should be placed on the Final Docket:
Jefferson County Planning Commission Recommendations on Final Docket
2020 Comprehensive Plan & Unified Development Code Annual Amendment Cycle
2
2020 Suggested Text Amendments on Preliminary Docket
Through a motion and affirmative vote with seven (7) in favor and one (1) opposed, the Jefferson County
Planning Commission at their regular scheduled meeting of September 2, 2020, recommends the following
suggested amendments be placement on the 2020 Final Docket.
MLA20-00102 Comprehensive Plan Amendment to Reflect Revisions to the Port Hadlock Sewer Plan. The Jefferson
County Department of Public Works is revising the 2008 Port Hadlock Sewer Plan to plan a more cost-effective
sewer development approach within the Port Hadlock Urban Growth Area. It is expected that the revisions to the
2008 Port Hadlock Sewer Plan will be engineering and cost related. The revisions must be incorporated into the
Comprehensive Plan’s Capital Facilities Element.
MLA19-00018. Jefferson County Planning Commission suggests an amendment to the Comprehensive Plan and
Unified Development Code (UDC) to rescind provisions of the Forest Transition Overlay (FTO).
MLA19-00019. Jefferson County Planning Commission, with a high priority advocates for an immediate review
and amendment of JCC 18.20.295, Recreational Marijuana, addressing community concerns regarding land use
issues experienced with recreational marijuana production in rural residential zones. This proposed Amendment
received a strong community voice as well as considerable written communications during the Planning
Commissions August 19, 2020, Public Hearing.
MLA19-00020. Jefferson County Planning Commission suggests development of new regulations using “Eco-
ADU” as a method for permitting multiple Accessory Dwelling Units (ADUs) per parcel. The suggestion would
allow the existing square footage of ADUs to be allotted over multiple ADUs per parcel when certain “eco”
performance standards are met.
MLA19-00023. Jefferson County Planning Commission suggests an amendment to the Comprehensive Plan
adding a priority work item to the Housing Element’s Action Plan to “convene a panel of citizens knowledgeable
in the innovative technologies listed in Policy HS-P-2.3 to research and recommend a set of performance
measures upon which to build a set of opt-in, very-low-impact and/or impact-positive standards for Jefferson
County.” One might consider the Eco ADU (MLA19-00020) and Housing Element’s Plan (MLA19-00023) being
coordinated with and inserted onto the Jefferson County / Port Townsend Housing Action Plan Network (HAPN).
Thank you for your consideration.
___________________________________ ________________
Michael Nilssen, Chair Date
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 1 of 19
SEPA ENVIRONMENTAL CHECKLIST
Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your
proposal are significant. This information is also helpful to determine if available avoidance, minimization
or compensatory mitigation measures will address the probable significant impacts or if an environmental
impact statement will be prepared to further analyze the proposal.
Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please
answer each question accurately and carefully, to the best of your knowledge. You may need to consult
with an agency specialist or private consultant for some questions. You may use “not applicable” or
"does not apply" only when you can explain why it does not apply and not when the answer is unknown.
You may also attach or incorporate by reference additional studies reports. Complete and accurate
answers to these questions often avoid delays with the SEPA process as well as later in the decision-
making process.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of
time or on different parcels of land. Attach any additional information that will help describe your proposal
or its environmental effects. The agency to which you submit this checklist may ask you to explain your
answers or provide additional information reasonably related to determining if there may be significant
adverse impact.
Instructions for Lead Agencies:
Please adjust the format of this template as needed. Additional information may be necessary to
evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse
impacts. The checklist is considered the first but not necessarily the only source of information needed to
make an adequate threshold determination. Once a threshold determination is made, the lead agency is
responsible for the completeness and accuracy of the checklist and other supporting documents.
Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable
parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please
completely answer all questions that apply and note that the words "project," "applicant," and "property or
site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead
agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not
contribute meaningfully to the analysis of the proposal.
A. Background [HELP]
1. Name of proposed project, if applicable:
Green Burial Cemeteris on Forest-Zoned Land
2. Name of applicant:
Jefferson Land Trust
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 2 of 19
3. Address and phone number of applicant and contact person:
1130 31st St, Port Townsend; 360-379-9501 xt 103 (office) 360-531-2294 (mobile); Erik
Kingfisher, Stewardship Director; ekingfisher@saveland.org
4. Date checklist prepared:
March 18, 2021
5. Agency requesting checklist:
Jefferson County Dept. of Community Development
6. Proposed timing or schedule (including phasing, if applicable):
To be considered during annual UDC change/amendment process
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain.
If approved, the UDC change would make it possible to pursue the creation of a
green/conservation burial cemetery on forest-zoned land, and community members working with
the Land Trust would be then likely pursue establishing a green/conservation burial cemetery in
Jefferson County.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
This proposal is for a UDC change consistent with the Comprehensive Plan, and no specific
environmental information has been prepared related to this proposed UDC change.
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
No known other governmental approvals directly affecting forest-zoned land related to this
proposal are being considered.
10. List any government approvals or permits that will be needed for your proposal, if known.
Washington State Law includes regulations related to cemeteries (RCW 68), and as proposed, this
UDC change would allow green burial cemeteries on forest-zoned land subject to a conditional
use permit.
11. Give brief, complete description of your proposal, including the proposed uses and the size
of the project and site. There are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to repeat those answers on this
page. (Lead agencies may modify this form to include additional specific information on project
description.)
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 3 of 19
This application proposes a change to the UDC to allow green burial cemeteries on forest-zoned
land, consistent with Policy LU-P-29.4 of the Comprehensive Plan:
Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider
allowing green burial cemeteries consistent with Title 68 RCW, on forest-zoned land
greater than 20 acres in size with a conditional use permit.
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address, if any, and section, township, and
range, if known. If a proposal would occur over a range of area, provide the range or
boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic
map, if reasonably available. While you should submit any plans required by the agency, you
are not required to duplicate maps or detailed plans submitted with any permit applications
related to this checklist.
This proposal is for a change to the UDC, and there is no proposed specifc project location. Forest-
zoned land in Jefferson county is primarily and typically managed to produce timber consistent with
state law. Not all forest-zoned land is actively managed for industrial timber production, but most is
managed for some commercial production of timber. Forest-zoned land makes up most of the private
land base in the county, and the undeveloped condition and native forest plant communities
throughout much of the forest-zoned land can help support important ecological functions such as
wildlife habitat and habitat connectivity, carbon sequestration, clean water, and clean air.
B. Environmental Elements [HELP]
Applicable for all the following answers:
This proposal is for a change to the UDC, and there is no proposed specifc project
location. If the proposed UDC change is approved, then when a conditional use
permit is applied for to create a green burial cemetery on forest zoned land,
specific site evaluations associated with the conditional use permit process could
help determine the appropriateness of a site for such a use.
1. Earth [help] a. General description of the site:
(circle one): Flat, rolling, hilly, steep slopes, mountainous, other _____________
Appropriate site conditions will need to be determined for any future potential green burial
cemetery on forest-zoned land.
b. What is the steepest slope on the site (approximate percent slope)?
Any potential green burial cemetery on forest-zoned land will be seeking properties that have
certain features suitable for such a function, and very steep slopes are incompatible with burial
plots.
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
agricultural land of long-term commercial significance and whether the proposal results in
removing any of these soils.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 4 of 19
Well-drained soils that are suitably-deep for burial and that support decomposition of remains will
be important for any future potential site.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe.
Clearly, stable soils will be an important component of a green burial cemetery site evaluation.
e. Describe the purpose, type, total area, and approximate quantities and total affected area of
any filling, excavation, and grading proposed. Indicate source of fill.
Any future site will include the need to excavate areas for burial sites. The precise location of
those sites will be determined as the green burial cemetery is being established and operated.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
Erosion control presumably will be an important factor for future site consideration.
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
While a green burial cemetery on forest-zoned land would likely include some road and trail
infrastructure similar to other forest-zoned land, and potentially some kind of visitor amenities,
impervious surfaces would be relatively minor compared to more developed cemeteries and many
other conditional uses permitted on forest-zoned lands.
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
Retaining forest structure will support the long-term erosion control on any potential future site,
and burial plots can be located in areas that have very little overall impact to the forest ecosystem.
2. Air [help] a. What types of emissions to the air would result from the proposal during construction,
operation, and maintenance when the project is completed? If any, generally describe and
give approximate quantities if known.
With cremation being a primary choice regionally, offering the choice of green burial on forest-
zoned land would potentially reduce overall cremation emissions in the county, and support the
ongoing and increasing carbon sequestration services of the forest.
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
No known off-site emissions or odors are known to occur on other green burial cemeteries in the
nation.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
No measures appear necessary, as there are not presumed significant emissions or other impacts
to air associated with this proposed change to the UDC.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 5 of 19
3. Water [help] a. Surface Water: [help] 1) Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, state what stream or river it flows into.
Surface water bodies could be attractive features in a possible future green burial cemetery site,
and burial plots would need to be sited at an appropriate distance from any such feature.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
Burial plots would need to be sited away from water features and their buffers on any potential
site. Visitor trails and stream crossings could be potential attractive and supportive features of a
green burial cemetery design.
3) Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material.
Presumably none would be necessary in any potential green burial cemetery site.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
Presumably none would be necessary in any potential green burial cemetery site.
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
While a forest-zoned property may include portions of a 100-year floodplain, as long as there is
sufficient land outside the 100-year floodplain suitable for green burial plots, it could still be an
appropriate property for a green burial cemetery. A green burial cemetery on forest-zoned
property that includes a portion of a 100-year floodplain as well as suitable uplands can can also
help permanently protect the 100-year floodplain portion of that property.
6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
Green burial cemeteries are typically designed to retain the ecological and aesthetic features of a
property, and dischare of waste materials to surface waters is inconsistent with that concept.
b. Ground Water: [help] 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so,
give a general description of the well, proposed uses and approximate quantities
withdrawn from the well. Will water be discharged to groundwater? Give general
description, purpose, and approximate quantities if known.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 6 of 19
Well water may or may not be necessary depending on the facilities contemplated for a potential
green burial site.
2) Describe waste material that will be discharged into the ground from septic tanks or
other sources, if any (for example: Domestic sewage; industrial, containing the
following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if applicable), or the
number of animals or humans the system(s) are expected to serve.
Infrastructure and facilities and their suitability to a site would be presented to the county as part
of a site plan when seeking conditional use permit approval.
c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow into other waters? If so, describe.
No anticipated new runoff is anticipated from this proposed change to the UDC.
2) Could waste materials enter ground or surface waters? If so, generally describe.
Evaluation of a particular proposed future site’s suitability to function as a green burial cemetery
will need to be determined at the time of the green burial cemetery design and the conditional use
permit process.
3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If
so, describe.
Drainage patterns are not anticipated to be affected by this proposed change to the UDC, and any
potential future green burial cemetery plan can be evaluated at the time of proposal.
d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage
pattern impacts, if any:
No inherent measures are necessary associated with this proposed change to the UDC.
4. Plants [help] a. Check the types of vegetation found on the site:
Forest-zoned properties in the county typically include a mix of native tree, shrub, and
groundcover species such as Douglas-fir, western redcedar, red alder, big-leaf maple, red
elderberry, ocean spray, Indian plum, sword fern, salal, and Oregon grape.
b. What kind and amount of vegetation will be removed or altered?
This proposed change to the UDC could help predominantly retain native forest vegetation on
forest-zoned land suitable for green burial cemeteries. Green burial cemetery are often managed
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 7 of 19
to encourage native vegetation growth on and around burial plot sites, encouraging regrowth at
the small disturbance area created by the burial.
c. List threatened and endangered species known to be on or near the site.
A green burial cemetery would largely stay covered in natural vegetation and groundcover,
supporting the regular permeation of water into the ground and having very little change in water
runoff from a current condition.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
A green buial cemetery on forest-zoned land would be expected to largely retain the native plant
communities on a potential site as part of it’s overall design and layout as it seeks to support and
improve the natural conditions of a potential property through the green burial cemetery
stewardship.
e. List all noxious weeds and invasive species known to be on or near the site.
Noxious weeds and invasive species are found on virtually all private parcels throughout the
county in some form or another, and any potential green burial cemetery site would presumably
be managed to reduce the overall existing populations and reduce the threat of additional
populations through appropriate stewardship.
5. Animals [help] a. List any birds and other animals which have been observed on or near the site or are
known to be on or near the site.
Forest-zoned lands typically have a broad spectrum of native wildlife that use it for food, shelter,
and movement. A green burial cemetery established on forest-zoned land would add to it’s
overall protection and assurance that the wildlife habitat it provides will be there for generations
to come.
b. List any threatened and endangered species known to be on or near the site.
Any future potential green burial cemetery site plan could support the ongoing protection and
stewardship of existing habitat of threatened and endangered species in perpetuity.
c. Is the site part of a migration route? If so, explain.
All forest-zoned land host species that are migrating through – particularly birds. Retaining a
forest structure that continues to grow and develop diversity and complexity can enhance it’s
value for future generations of migratory wildlife no matter where a potential green burial
cemetery site is located.
d. Proposed measures to preserve or enhance wildlife, if any:
A potential green burial cemetery location site plan and management plan can specifically address
wildlife values at the time of it’s creation, and as it is stewarded over time.
e. List any invasive animal species known to be on or near the site.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 8 of 19
A green burial cemetery will require regular and ongoing stewardship to support the ecological
and aesthetic values meant to be preserved there. Managing invasive species will be an important
part of that management obligation
6. Energy and Natural Resources [help] a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc.
Unknown, but likely a very small amount of energy or natural resources will ever be required to
develop and sustain a green burial cemetery.
b. Would your project affect the potential use of solar energy by adjacent properties?
If so, generally describe.
The natural successional development of a forest, depending on the site, could affect solar
exposure of adjacent properties.
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
Energy impacts of a green burial cemetery are presumed to be very small, and much smaller than
for other properties that include more infrastructure and development.
7. Environmental Health [help] a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal?
If so, describe.
1) Describe any known or possible contamination at the site from present or past uses.
This will be an important determination that a project proponent will want to determine prior to
committing to a green burial cemetery site.
2) Describe existing hazardous chemicals/conditions that might affect project development
and design. This includes underground hazardous liquid and gas transmission pipelines
located within the project area and in the vicinity.
Again, an important determination of site appropriateness for any future green burial site.
3) Describe any toxic or hazardous chemicals that might be stored, used, or produced
during the project's development or construction, or at any time during the operating life
of the project.
Minimal development of a site as a green burial cemetery would be very unlikely to require toxic
or hazardous chemical storage or use.
4) Describe special emergency services that might be required.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 9 of 19
No special emergency services are contemplated for this UDC change, or in the establishment of
a potential green burial cemetery.
5) Proposed measures to reduce or control environmental health hazards, if any:
This UDC change will support the possibility of establishing a green burial cemetery, which
would reduce the overall environmental health hazards associated with burial compared to
conventional burial.
b. Noise 1) What types of noise exist in the area which may affect your project (for example:
traffic, equipment, operation, other)?
Any future green burial cemetery project will likely require some road or trail work that could
generate some noise initially, but no more than a forest harvest operation that otherwise may
occur on that land. A green burial cemetery would be managed partly to retain it’s lack of noise.
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)?
Indi-cate what hours noise would come from the site.
Again, a green burial cemetery may generate some noise when improving some of the base
conditions, regular maintenance, and in preparation for burial, but the site in general would be
managed for it’s quiet condition.
3) Proposed measures to reduce or control noise impacts, if any:
Retaining a forested condition, and providing guidance to visitors regarding noise, will help
ensure any potential green burial cemetery is a quiet place relative to other properties.
8. Land and Shoreline Use [help] a. What is the current use of the site and adjacent properties? Will the proposal affect
current land uses on nearby or adjacent properties? If so, describe.
A green burial cemetery is meant to be a place for quiet reflection and permanent natural
conditions, and siting a green burial cemetery in a place that would not be threatened by noisy or
busy neighboring properties will be an important consideration.
b. Has the project site been used as working farmlands or working forest lands? If so, describe.
How much agricultural or forest land of long-term commercial significance will be converted to
other uses as a result of the proposal, if any? If resource lands have not been designated,
how many acres in farmland or forest land tax status will be converted to nonfarm or
nonforest use?
Most forest-zoned land is managed at least in part for it’s timber production. Future potential
green burial cemeteries on forest-zoned land could continue to harvest timber, depending on the
site and the goals of the operation. It’s also possible that a green burial cemetery on forest-zoned
land chooses not to harvest timber regularly, and instead sell carbon or provide tax revenue in
other ways.
1) Will the proposal affect or be affected by surrounding working farm or forest land normal
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 10 of 19
business operations, such as oversize equipment access, the application of pesticides,
tilling, and harvesting? If so, how:
While a forest-zoned parcel suitable for a green burial cemetery would likely be adjacent to other
forest-zoned parcels subject to normal forestry operations, those operations would not limit the
potential of a potential site to operate as a green burial cemetery.
c. Describe any structures on the site.
Some structures supporting a green burial cemetery could be proposed in a site plan for a
potential green burial cemetery, and could include maintenance sheds, restrooms, covered seating,
etc.
d. Will any structures be demolished? If so, what?
It is anticipated that potential green burial cemetery proposals on forest-zoned land would be on
properties that have little to no existing structures.
e. What is the current zoning classification of the site?
This UDC change is relevant only to forest-zoned lands.
f. What is the current comprehensive plan designation of the site?
The current designation for cemeteries is that they can be established on rural residential zoned
lands only.
g. If applicable, what is the current shoreline master program designation of the site?
Potential future green burial cemeteries on forest-zoned land will have to conform to the shoreline
master program and any other existing applicable regulatory standards.
h. Has any part of the site been classified as a critical area by the city or county? If so, specify.
Each potential site will have to be considered for it’s appropriateness as a green burial cemetery
and where burial plots will appropriately be located regarding critical areas and other features.
i. Approximately how many people would reside or work in the completed project?
A green burial cemetery on forest-zoned land would require some employment to sustain the
operation and maintenance of the property, and each proposed green burial cemetery in the future
will have it’s own project scope.
j. Approximately how many people would the completed project displace?
Changing the UDC to accommodate the potential for green burial cemeteries on forest-zoned land
will not displace anyone or anything.
k. Proposed measures to avoid or reduce displacement impacts, if any:
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 11 of 19
Not applicable for this proposed UDC change, and could more specifically be addressed in future
proposals for siting a green burial cemetery.
L. Proposed measures to ensure the proposal is compatible with existing and projected land
uses and plans, if any:
This proposal is to change the UDC to provide for the possibility of green burial cemeteries on
forest-zoned lands, which is consistent with the Comprehensive Plan. Specific sites will for
potential green burial cemeteries will need to be evaluated for their consistency with land uses
and plans.
m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term
commercial significance, if any:
There is no significant impact to agricultural and forest lands anticipated from this proposed
UDC change. Siting a green burial cemetery on forest-zoned land could potentially reduce the
amount of timber coming off a property over time, but not necessarily. If a green burial
cemetery were to be established on a forest-zoned property then that property may produce less
timber but produce more other public benefits such as wildlife habitat and habitat connectivity,
carbon sequestration, clean air, and clean water.
9. Housing [help] a. Approximately how many units would be provided, if any? Indicate whether high, mid-
dle, or low-income housing.
Forest-zoned land allows for only very low density development, and a green burial cemetery
would further limit development of any particular property on that particular site. A green burial
cemetery would help ensure land that the public has zoned to be retained as forestland primarily,
and not for subdivision and development, will continue to be forestland far into the future.
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
It’s possible that in establishing a green burial cemetery on a particular forest-zoned property
would reduce the development potential of that property by one or a few development rights
depending on the circumstance, funding, and site requirements.
c. Proposed measures to reduce or control housing impacts, if any:
No significant housing impacts are anticipated with this UDC change.
10. Aesthetics [help]
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed?
Any proposed structure associated with a future green burial cemetery would likely be relatively
discrete and proportionally designed with the aesthetics of the landscape.
b. What views in the immediate vicinity would be altered or obstructed?
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 12 of 19
This change to the UDC would not have a relevant affect to views in the immediate vicinity of
properties, other than the continued improvement of complex older forest aesthetics.
c. Proposed measures to reduce or control aesthetic impacts, if any:
This proposal could help ensure the aesthetic values of certain forest-zoned properties are retained
in perpetuity.
11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly
occur?
This proposed change to the UDC will not inherently affect light or glare.
b. Could light or glare from the finished project be a safety hazard or interfere with views?
This proposed change to the UDC will not inherently affect light or glare.
c. What existing off-site sources of light or glare may affect your proposal?
Site selection for any future potential green burial cemetery will need to consider adjacent
properties, including their light and glare.
d. Proposed measures to reduce or control light and glare impacts, if any:
None necessary for this proposed change to the UDC.
12. Recreation [help]
a. What designated and informal recreational opportunities are in the immediate vicinity?
Each site will need to be evaluated, and forest-zoned land typically offers such recreational
opportunities as wildlife watching, hunting, biking, off-road vehicles, camping, fishing, and
foraging.
b. Would the proposed project displace any existing recreational uses? If so, describe.
This proposed change to the UDC does not inherently displace any existing recreational uses.
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
Any potential future green burial cemetery will offer a place for quiet reflection and walking in a
natural setting, which can provide certain kinds of recreational benefits such as wildlife watching.
13. Historic and cultural preservation [help] a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years
old listed in or eligible for listing in national, state, or local preservation registers ? If so,
specifically describe.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 13 of 19
Each potential future site would need to be evaluated on a case by case basis.
b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation?
This may include human burials or old cemeteries. Are there any material evidence, artifacts,
or areas of cultural importance on or near the site? Please list any professional studies
conducted at the site to identify such resources.
Each potential site would need to be evaluated on a case by case basis, and with ground disturbing
activities such as burial, cultural heritage will be an important aspect of that evaluation.
c. Describe the methods used to assess the potential impacts to cultural and historic resources
on or near the project site. Examples include consultation with tribes and the department of
archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.
Each potential future evaluation would likely need to follow legal and tribal guidance on cultural
resources assessments.
d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance
to resources. Please include plans for the above and any permits that may be required.
This proposed change to the UDC does not inherently increase risk to cultural or historic
resources.
14. Transportation [help] a. Identify public streets and highways serving the site or affected geographic area and
describe proposed access to the existing street system. Show on site plans, if any.
Each site will need to be evaluated independently regarding transportation.
b. Is the site or affected geographic area currently served by public transit? If so, generally
describe. If not, what is the approximate distance to the nearest transit stop?
Each site will need to be evaluated independently regarding transportation, and public transit
service would be a helpful feature of any future potential site.
c. How many additional parking spaces would the completed project or non-project proposal
have? How many would the project or proposal eliminate?
Each site will need to be evaluated independently regarding transportation, and a parking area
suitable for a small group of visitors at any given time will likely be necessary for any individual
site.
d. Will the proposal require any new or improvements to existing roads, streets, pedestrian,
bicycle or state transportation facilities, not including driveways? If so, generally describe
(indicate whether public or private).
This proposed change to the UDC will not inherently require any changes to existing
transportation facilities.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 14 of 19
e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
This proposed change to the UDC will not inherently use any transportation.
f. How many vehicular trips per day would be generated by the completed project or proposal?
If known, indicate when peak volumes would occur and what percentage of the volume would
be trucks (such as commercial and nonpassenger vehicles). What data or transportation
models were used to make these estimates?
Any future green burial cemetery on forest-zoned land could be evaluated for their potential
vehicular trips, and would likely be comparable to other cemeteries in the county, depending on
number of plots.
g. Will the proposal interfere with, affect or be affected by the movement of agricultural and
forest products on roads or streets in the area? If so, generally describe.
This proposed change to the UDC will not affect or interfere with movement of anything on roads
or streets.
h. Proposed measures to reduce or control transportation impacts, if any:
This proposed change to the UDC does not change any inherent aspects of transportation in the
county.
15. Public Services [help]
a. Would the project result in an increased need for public services (for example: fire protection,
police protection, public transit, health care, schools, other)? If so, generally describe.
This proposed change to the UDC will not inherently require any increase or need in public
services.
b. Proposed measures to reduce or control direct impacts on public services, if any.
No direct impacts to public services are anticipated from this proposed change to the UDC.
16. Utilities [help] a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system,
other ___________
Each potential future green burial cemetery would need to be evaluated individually.
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity which might
be needed.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 15 of 19
Utilities for a potential future green burial cemetery would likely be less than or similar to that
required by a small residence, depending on the design and location (electricity, etc.).
C. Signature [HELP] The above answers are true and complete to the best of my knowledge. I understand that the
lead agency is relying on them to make its decision.
Signature:
Name of signee: Erik Kingfisher
Position and Agency/Organization: Stewardship Director, Jefferson Land Trust
Date Submitted: March 18, 2021
D. Supplemental sheet for nonproject actions [HELP]
(IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction
with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity or
at a faster rate than if the proposal were not implemented. Respond briefly and in
general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; pro-
duction, storage, or release of toxic or hazardous substances; or production of noise?
Traditional burial puts about 3 gallons of embalming fluid in the ground per person along with
steel, concrete and artificial or treated caskets, all of which are considered contaminants.
Cremation releases about 600 million pounds of CO2 into the atmosphere every year (roughly
422 pounds per person based on the 2018 death rate of about 2.8 million people, roughly half of
which are cremated, 80% are expected to be cremated by 2040). Each cremation uses 28 gallons
of gas, about the size of the gas tank in a large SUV, and about 1.6 million people are cremated in
the United States each year. Conventional burial also creates emissions from the manufacture and
transport of headstones, caskets, and grave liners, and requires ongoing upkeep of cemetery
grounds.
Four-million gallons of embalming fluid are buried annually in the United States as a result of
conventional burial. Formaldehyde, a component of embalming fluid and known carcinogen, has
been identified in ground water beneath some conventional cemeteries. In contrast, natural burial,
which for the purposes of this description can include green burial, conservation burial or natural
organic reduction, does not use man-made chemicals in the body preparation process. Heavy
metals and other chemicals used in conventional caskets have also been described as a health
concerns, and these materials are eliminated in natural burial.
Water: No significant increased discharge in water would be anticipated at a green cemetery on
forest-zoned land. The average buried remains in a natural state decomposes over the course of 4-
6 weeks releasing 12 gallons of moisture (compared to the average family of four flushes 250
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 16 of 19
gallons of water every day, or 62.5 gallons per person). Water retention and uptake by the
remaining trees would reduce overall discharge of water in the future compared to conventionally
managed timberland.
Air: Compared to Rural Residential-zoned land cemeteries, there would be no significant
difference in emissions to air by pollutants. Presumably a green burial cemetery would
sometimes include hand-dug grave sites, as well as mechanical methods. Green burial cemeteries
on forest-zoned land have the added benefit to air quality of retaining a growing forest that
actively reduces pollutants from the air and land.
Toxic substances: Traditional cemeteries have a number of heavy-metals and other toxins in the
soil associated with the buried remains and caskets. Green-burial cemeteries typically prohibit
the embalming of remains, and require natural decomposable coverings/caskets (cotton shroud,
untreated lumber casket, etc.). A green-burial cemetery on forest-zoned land would have a
significantly less chemical load associated with the untreated remains and the caskets, compared
to a traditional cemetery.
Noise: Cemeteries are intended to be quiet places offering space for reflection and memory, and
in this way, green burial cemeteries on forest-zoned land would be no different than traditional
cemeteries in the county. There would be no significant increase in noise at a green-burial
cemetery on forest-zoned land than a traditional cemetery.
Proposed measures to avoid or reduce such increases are:
Appropriate site selection will be an important step in establishing any green burial cemetery on
forest-zoned land to ensure the land, soils, contours, access, and other considerations are
addressed prior to the county providing a conditional use permit.
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
If a green burial cemetery were to be established on a forest-zoned land property after approval of
this UDC change, then that forest-zoned property would endure as a forested property in
perpetuity, providing a resilient and productive space for the plants, animals, and nearby marine
life to benefit from for generations. The relatively minor disturbance of green burial plots
throughout a forest-zoned property will be significantly less impactful than traditional forestry,
and overall will allow for natural ecological succession to take place throughout the forested
property.
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
Any future green burial cemetery on forest-zoned land would be managed according to a
management plan that includes goals and objectives focused on the long-term health and
productivity of the ecological and aesthetic functions of the forested property.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 17 of 19
3. How would the proposal be likely to deplete energy or natural resources?
Future green burial cemeteries on forest-zoned lands would not require significant energy or
deplete any natural resources in any considerable way. By retaining the natural undeveloped
condition of a property, a green burial cemetery on forest-zoned land will help retain the ecologic
and aesthetic function of a property in a landscape without requiring significant energy inputs
compared to traditional cemeteries.
Proposed measures to protect or conserve energy and natural resources are:
Simply allowing green burial cemeteries on forest-zoned land can help protect certain appropriate
forestland from conversion to other high-energy demand and high-natural resource demand uses
in the future.
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
This proposal could support a new compatible use of forested areas that host a variety of
ecological features that are important to the public. A green burial cemetery on forest-zoned land
could support the perpetual protection of environmentally sensitive areas or areas otherwise
eligible for protection. A green burial cemetery on forest-zoned land is a form of conservation
that is consistent with retaining many public benefits of privately-owned forested properties.
Proposed measures to protect such resources or to avoid or reduce impacts are:
A conditional use permit would be required for any proposed green burial cemetery on forest-
zoned land, which can help ensure that environmentally sensitive or otherwise important
features will be adequately protected and managed prior to permit approval.
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
If approved, this proposal will likely result in future applications for green burial cemeteries to be
established on forest-zoned lands. The specific locations of those likely future green burial
cemeteries will need to be evaluated for their appropriateness for such a use, and evaluated in
relation to existing plans. In general, green burial cemeteries on forest-zoned land will retain
much of the forest condition of a property.
Proposed measures to avoid or reduce shoreline and land use impacts are:
Specific meansures may be designed to address specific site conditions.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 18 of 19
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
The proposal to change the UDC will not have any impact on transportation or public services
and utilities. If this change is approved, a future conditional use permit application to create a
green burial cemetery on forest-zoned land would need to be evaluated for it’s potential impact on
transportation or public services and utilities.
Proposed measures to reduce or respond to such demand(s) are:
Appropriate sites for green burial cemeteries will likely need to be serviced by public roads and
may require very minor public services and utilities. No significant increase in demands is
anticipated, and establishing a green burial cemetery on forest-zoned land is expected to reduce
the overall potential the land could have demand on transportation, public services, and utilities if
it were developed or eventually converted to other uses.
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
We have compiled an overview of laws and codes pertaining to green cemeteries, both their
creation and their ongoing operation. It covers the service of providing a place for interment or
spreading of human remains. It does not cover laws pertaining to funeral and mortuary services,
selling caskets, or performing services directly related to handling human remains, including the
act of burying remains.
Federal Laws
It appears there are no federal laws specifically regulating green burials or cemeteries. The
Federal Trade Commission administers the Funeral Rule which is more of a consumer protection
effort, establishing a minimum level of service; prohibiting certain predatory sales practices; and
informing people of their rights when purchasing funeral services. It was established in response
to funeral service providers taking advantage of consumers. The FTC's Funeral Rule does not
cover cemeteries unless they sell both funeral goods and funeral services.
Washington State
Washington State law (RCW 68) provides direction and regulation of a green cemetery. The
laws focus on consumer protection, public health, and ensuring perpetual care and operation.
Cemeteries may be owned and operated by counties, cities, public cemetery districts and private
corporations. Publicly owned cemeteries do not have as much state oversight as private
cemeteries. There are three public cemetery districts in Jefferson county. Cemetery districts have
elected commissioners and are treated like a junior taxing district, and in fact, have limited
taxing authority. Private cemeteries may be operated by corporations (nonprofit or for profit)
chartered specifically for that purpose, and need to receive a certificate of authority from the
Washington State Cemetery Board. Delineating a cemetery requires creating a plat map that
outlines lots, roads, alleyways, buffers, and very importantly, a dedication which permanently
dedicates the land to cemetery uses as shown on the plat. In order to assure the long term care of
a private cemetery, a $25,000 endowment care fund is required for the care, maintenance and
“adornment” of the cemetery. Ten percent of the revenue from plot sales must go into the fund.
SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 19 of 19
The fund can be used for administrative and on-the-ground activities. Annual reporting of burials
and status of endowment funds is required. Half of all proceeds from prearranged sale of plots
must go into a separate prearrangement trust fund to assure the plots will be developed and
available when needed, often many years after the sale.
Jefferson County
Cemeteries are a Discretionary Conditional Use in the three Rural Residential zones (5, 10, & 20
acre density). They are currently prohibited in all other zones, including forest zones; and the
Park and Preserve zone. The Discretionary Conditional Use process allows the Zoning
Administrator to make a decision administratively or refer the proposal to the Hearing Examiner
and require a public hearing before a decision is made. Recent changes to the Comp Plan include
Policy LU-P-29.4 to “Allow green burials in designated or accepting cemeteries and consider
allowing green burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than
20 acres in size with a conditional use permit.” This is a big step toward allowing green
cemeteries in more zones.
City of Port Townsend
Cemeteries are conditional uses in two of the lower density Residential zones (RI and RII). The
conditional use review process would require public notice and a hearing before the Hearing
Examiner, who would render a decision after public comment. Cemeteries are Permitted uses in
the Public/Infrastructure zone, which is reserved for things like substations and schools. The PT
zoning code defines a cemetery as a place for the burial or interment of dead persons or
household pets.
Non Governmental Organizations
The Green Burial Council does not really fit into the category of regulatory agency but may
possibly have a role in how a green cemetery is developed and operated. The GBC is a nonprofit
organization working to encourage environmentally sustainable death care and the use of burial
as a means of protecting natural areas. One of its offerings is a set of standards for funeral
homes, cemeteries and products such as shrouds and caskets. Their standards for cemeteries
cover customer relations, burial practices, site planning, stewardship. The GBC establishes three
types of cemetery; Hybrid, Green, & Conservation Burial Grounds, each with different standards
for energy consumption, nontoxic materials, and land conservation. The Council offers a
certification program that determines if a cemetery meets their standards. Similar to the work of
the Land Trust Alliance in the land trust community, the GBC appears to be leading the effort to
“codify” best practices in the cemetery world.
COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
SUPPLEMENTAL APPLICATION
TEXT AMENDMENT PROPOSALS
COMPREHENSIVE PLAN/UNIFIED DEVELOPMENT CODE
Project/Applicant Name: MLA #
For Comprehensive Plan amendments, applications must be completed and submitted to the Department
of Community Development by March 1 of the current calendar year in order to be considered during this
year’s amendment process. Completed applications that are received after March 1 will be placed on the
preliminary docket for the following calendar year. Generally, applications for text amendments are
proposals that broadly apply to the goals, policies and implementation strategies of the
Comprehensive Plan. Applications for suggested UDC amendments may be considered on a rolling
basis. Applications that are incomplete (i.e., that do not include all of the information required under the
Jefferson County Code) will be returned to the applicant.
Submittal Requirements
1. A completed Permit Application and all required Exhibits.
2. A completed and signed State Environmental Policy Act (SEPA) Checklist.
3. Any additional information deemed necessary by the Administrator to evaluate the proposed
amendment.
4. Please prepare and label as “Exhibit A,” a description of the proposed text Comprehensive Plan/UDC
amendment. Applications for such amendments that do not specify proposed uses and potential
impacts are assumed to have maximum impact to the environment and public facilities and
services.
5. Please prepare and label as “Exhibit B,” proposed amendatory language (i.e., to affected text of both
the Comprehensive Plan and UDC) shown in “bill” format, with text to be added indicated with
underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., strikeouts).
6. Please prepare and label as “Exhibit C,” a thorough explanation of how the proposed amendment,
meets, conflicts with, or relates to the following inquiries (NOTE: Simple “yes” or “no” responses are
unacceptable.)
a. Is growth and development as envisioned in the Comprehensive Plan occurring faster or
slower than anticipated, or is failing to materialize?
b. Has the capacity of the county to provide adequate services diminished or increased;
c. Is sufficient urban land designated and zoned to meet projected demand and need?
d. Are any of 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?
e. Does the proposed amendment reflect the current widely held values of the residents of
Jefferson County?
COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45
f. Do changes in county-wide attitudes necessitate amendments to the goals of the plan and the
basic values embodied within the Comprehensive Plan Vision Statement?
g. Do changes in circumstances dictated a need for amendment?
h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive
Plan and the County-wide Planning Policy for Jefferson County?
Demonstrate that the following conditions are met (if applicable):
i. The proposed text 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);
j. The proposed text amendment is consistent with the goals, policies and implementation strategies of the
various elements of the Jefferson County Comprehensive Plan;
k. The proposed text 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;
l. In the case of a text 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
(C) Compatibility with existing and planned surrounding land uses;
m. The proposed text 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;
n. The proposed text amendment does not materially affect the land use and population growth projections
that are the bases of the Comprehensive Plan;
o. If within an unincorporated urban growth area (UGA), the propo sed text amendment does not materially
affect the adequacy or availability of urban facilities and services to the immediate area and the overall
UGA;
p. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A 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.
COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45
7. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets, if
necessary.)
The applicant hereby certifies that the statements contained in this application are true and provide an
accurate representation of the proposed amendment; and the applicant(s) hereby acknowledges that any
approval issued on this application may be revoked if any such statement is found to be false.
Signature: Print Name: Date:
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
APPLICATION: TEXT AMENDMENT PROPOSAL FOR UNIFIED DEVELOPMENT CODE
Project/Applicant Name: Green Burial Cemeteries on Forest Zoned Land/Jefferson Land Trust
Contact: Erik Kingfisher, Stewardship Director – Office: 360-379 9501xt103; Mobile: 360-531-2294 –
ekingfisher@saveland.org
1. Supplemental application
2. Exhibit A
3. Exhibit B
4. Exhibit C
5. Application Question #7: Why the amendment is being proposed
Note: We’ve been advised that no SEPA checklist is required for this application for consideration on the
preliminary docket, and can be provided when advanced to the final docket.
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
EXHIBIT A
This application proposes a change to the UDC to allow green burial cemeteries on forest zoned land, consistent
with Policy LU-P-29.4 of the Comprehensive Plan:
Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider allowing green
burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a
conditional use permit.
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
EXHIBIT B
As stated in Exhibit A, Jefferson County has already moved toward enabling green burial by including Policy LU-P-
29.4 in the 2018 Comprehensive Plan [p.1-111]:
"Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider allowing green
burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a
conditional use permit."
This policy also supports the Environmental Considerations in Chapter 5 [p.5-2] of the Comprehensive Plan,
including :
"reduction of greenhouse gas emissions and addressing climate change" and "environmentally friendly
development techniques" that "benefit overall ecosystem vitality and biodiversity while aiding ecological
restoration and adapting to climate disruption" [p.5-6].
A change to the UDC to allow green burial cemeteries on forest zoned land directly responds to this County Policy
in the Comprehensive Plan
The following are two minor proposed land use code changes that could help fulfill the Comprehensive Plan
language/policy:
Change the land use code from a “no” cemeteries or prohibited use in the Forest zone, to a “C(d)” use,
and change JCC 18.20.110(3) to read, “A protective fence and landscaped strip of trees and shrubs at least
10 feet in width shall be installed on all common property boundary lines, except for parcels zoned Forest
land greater than 20 acres and approved with a conditional use permit.”
Also, a change to JCC 18.20.110(6) to read: “Graves shall be located a minimum of 15 feet, and 100 feet
for Forest zoned property, from any property line,” under the assumption that 100 feet of forest land
provides an adequate buffer from other properties that may not be zoned Forest.
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
EXHIBIT C
a. Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than
anticipated, or is failing to materialize?
Growth in the county appears to be growing consistent with that envisioned in the Comprehensive Plan, and by
the state Office of Financial Management. Growth rates are anticipated to increase in the coming decades, not
only with overall population growth, but with climate migration and incoming retirees as well.
b. Has the capacity of the county to provide adequate services diminished or increased;
Unknown, though this proposal does not appear to relate to an increased or diminished capacity of the county to
provide adequate services.
c. Is sufficient urban land designated and zoned to meet projected demand and need?
N/A - This proposed UDC change would only affect forest zoned lands outside urban land designated and zoned to
meet projected commercial/residential zoned lands for urban growth.
d. Are any of 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 Comprehensive Plan encourages consideration of this UDC change
e. Does the proposed amendment reflect the current widely held values of the residents of Jefferson
County?
It does appear to be consistent with widely held values of the residents of Jefferson County, which is reflected in
the Comprehensive Plan language, and in the communications the Land Trust has engaged in throughout the
county on this topic. While not Jefferson County specifically, a 2018 survey of 1700 people by the People's
Memorial Association in Seattle found that green burial was the preferred option for 18% of respondents, and
another 49% of respondents would consider green burial.
f. Do changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic
values embodied within the Comprehensive Plan Vision Statement?
No – the Comprehensive Plan already encourages this as a consideration.
g. Do changes in circumstances dictated a need for amendment?
No amendment to the Comprehensive Plan is needed; this proposed UDC change would be an effort to align the
UDC with the values expressed in the Comprehensive Plan.
h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and
the County-wide Planning Policy for Jefferson County?
The Comprehensive Plan encourages consideration of this particular UDC change, and this UDC change otherwise
appears consistent with the GMA and policies of Jefferson County.
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
i. The proposed text 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);
This proposed UDC change will possibly result in some forestry-zoned land functioning as both forestland, and as a
green burial ground. This additional function of certain lands will change the number of visitors/users of the
property in most cases. Under a conditional use permit each proposed green burial ground in the future on forest-
zoned land could be analyzed to determine the level of possible changes to concurrency requirements or level of
service standards.
j. The proposed text amendment is consistent with the goals, policies and implementation strategies of the
various elements of the Jefferson County Comprehensive Plan;
Yes, the Comprehensive Plan encourages consideration of this proposed change. Jefferson County has already
moved toward enabling green burial by including Policy LU-P-29.4 in the 2018 Comprehensive Plan [p.1-111]:
"Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider allowing green
burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a
conditional use permit."
This policy also supports the Environmental Considerations in Chapter 5 [p.5-2] of the Comp Plan, including :
"reduction of greenhouse gas emissions and addressing climate change" and "environmentally friendly
development techniques" that "benefit overall ecosystem vitality and biodiversity while aiding ecological
restoration and adapting to climate disruption" [p.5-6].
A change to the land use code for this purpose directly responds this County Policy in the Comprehensive Plan
k. The proposed text 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;
Adverse impacts to county services are not anticipated, and no change in development density would result from
this change. Each proposed green burial on forest zoned land could presumably be evaluated for their potential
impact to services under a conditional use permit process.
l. In the case of a text 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
(C) Compatibility with existing and planned surrounding land uses;
This proposal is for a change to the UDC.
m. The proposed text 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;
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
Nothing in the proposed text amendment appears to create pressure on other land use designations. This
proposed text amendment will strengthen the ability for forest zoned land to stay forest land, and it would not
create pressure for subdividing parcels.
n. The proposed text amendment does not materially affect the land use and population growth projections
that are the bases of the Comprehensive Plan;
The proposed text amendment appears consistent with the projections, and is consistent with the values and
language of the Comprehensive Plan.
o. If within an unincorporated urban growth area (UGA), the proposed text amendment does not materially
affect the adequacy or availability of urban facilities and services to the immediate area and the overall
UGA;
N/A – this proposal would only affect forest-zoned lands, which are outside of UGA’s.
p. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A 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 proposed amendment is consistent with the Comprehensive Plan, which has been reviewed for consistency
with these relevant public policies. Each proposed green burial site, if the proposed changes are adopted, could be
individually reviewed for their consistency with policies during the conditional use permit process.
Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land
March 1, 2021
WHY THE AMENDMENT IS BEING PROPOSED
Jefferson Land Trust, a local non-profit conservation organization, has been investigating the concept of Green
Burial for about a decade, and is interested in a possible land use code change that would help facilitate more
opportunity for such options in Jefferson County. The Land Trust considers Green Burial an endeavor that could
benefit both current and future generations, and is consistent with the Land Trust's mission of helping the
community preserve open space, working lands and habitat forever.
Green burial is an alternative that significantly reduces the environmental impacts resulting from conventional
burial and cremation. Green burial on forest-zoned land has the potential to restore and conserve land, and
represents an opportunity for our death care choices to have a real, positive contribution to our environment,
rather than just minimizing the negative impact.
Under current code, cemeteries in Jefferson County are limited to areas of Rural Residential zoning. Experienced
operators suggest that a green burial cemetery needs to be at least 40 acres to have long-term viability, and as a
county with a primarily forested land base, forest-zoned lands are the most appropriately sized and situated for
green burial cemeteries.
Current options for green burial within Jefferson County (and perhaps the entire Olympic Peninsula) appear to be
limited to resident members of the Quilcene Cemetery District. A Peoples Memorial Association survey in 2018
demonstrated a growing preference for green burial over conventional burial or cremation in the Puget Sound
region. The Washington Legislature's 2019 adoption of SB 5001, revising Section 68 of the RCW to permit alkaline
hydrolysis and 'natural organic reduction', or composting, of human remains also demonstrates a growing interest
in, and commitment to, more environmentally-friendly disposition of our remains. Jefferson County's
demographics show us as the oldest county in the state with a median age of 58 (WA state median age is 37.3
years of age), and about one third of our population over 65 years of age, which further indicates that the need for
burial alternatives is evident.
It takes time to raise capital, set up a business, identify property, meet appropriate and necessary County
requirements for permitting, obtain cemetery licenses, raise public awareness of new burial options, and get
established. This process cannot begin until County rules make a green burial cemetery possible, in a size and
location that is viable.
What we now call green burial was standard practice through much of human history, and there is a growing
demand in this county for greener choices for after-death arrangements. Jefferson Land Trust staff and individual
board members have received numerous and increasing inquiries from community members as to what the green
burial options are in Jefferson County (of which there are virtually none for most people), and whether a green
burial cemetery could be a possibility.
The demographics and observed demand in our region indicate that green burial would be a successful endeavor
in Jefferson County. It presents an opportunity to provide multiple community and environmental benefits for
generations, including:
- environmental protection and restoration that can support carbon sequestration and resilience with
climate change
- help meet a growing demand for end-of--life arrangements that minimize environmental impacts
- provide opportunities for entrepreneurship and local jobs in services that are presently only available
(with the exception of resident members of the Quilcene Cemetery District) outside of Jefferson County.