HomeMy WebLinkAbout011APPENDIX A
MPR ZONING CHAPTER, TITLE 17 AND 18, AS AMENDED
This Appendix will be included once the Board takes final action on adopting proposed code
amendments as described, above
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18.30.070 Stormwater management standards.
All new development and redevelopment must conform to the standards and minimum requirements
set by the most current version of the Washington Department of Ecology Stormwater Management
Manual for Western Washington (SMM) and obtain a stormwater management permit if required by
subsection (5) of this section. The administrator may require additional measures as indicated by the
environmental review or other site plan review.
(1) Definitions. For the purposes of this section, the definitions at Section I-2.3 of the SMM shall
apply:
(a) “New development” includes land-disturbing activities, including Class IV general forest
practices that are conversions from timber land to other uses; structural development, including
construction or installation of a building or other structure; creation of impervious surfaces; and
subdivision, short subdivision and binding site plans as defined and applied in Chapter 58.17
RCW. Projects meeting the definition of redevelopment shall not be considered new
development.
(b) “Redevelopment” includes, on a site that is already substantially developed (i.e., has 35
percent or more of existing impervious surface coverage), the creation or addition of impervious
surfaces; the expansion of a building footprint or addition or replacement of a structure;
structural development including construction, installation or expansion of a building or other
structure; replacement of impervious surface that is not part of a routine maintenance activity;
and land-disturbing activities.
(c) “Impervious surface” means a hard surface area that either prevents or retards the entry of
water into the soil mantle as under natural conditions prior to development, a hard surface area
which causes water to run off the surface in greater quantities or at an increased rate of flow
from the flow present under natural conditions prior to development. Common impervious
surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or
storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled,
macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open,
uncovered retention/detention facilities shall not be considered as impervious surfaces for
purposes of determining whether the thresholds for application of minimum requirements are
exceeded. Open, uncovered retention/detention facilities shall be considered impervious
surfaces for purposes of runoff modeling.
(d) “Land-disturbing activity” is any activity that results in movement of earth, or a change in the
existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-
disturbing activities include, but are not limited to, clearing, grading, filling, and excavation.
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Compaction that is associated with stabilization of structures and road construction shall also be
considered a land-disturbing activity. Vegetation maintenance practices are not considered land-
disturbing activity.
(2) Exemptions. Commercial agriculture, road maintenance activities, and forest practices regulated
under WAC Title 222, except for Class IV general forest practices and COHPs (see JCC 18.20.160),
pursuant to SMM Section I-2.2, are exempt from the provisions of the minimum requirements.
(3) Development and Redevelopment Minimum Requirements. Development and redevelopment
meeting the criteria of subsection (1)(a) of this section shall be required to control erosion and
sediment during construction and to permanently stabilize soil exposed during construction. Such
development shall:
(a) Comply with the minimum requirements for development of small parcels in Section I-2.5 of
the SMM;
(b) Applicants for all development and redevelopment meeting the criteria for subsection (1)(a) of
this section, except for detached single-family residences and duplexes creating or adding less
than 2,000 square feet and land-disturbing activities of less than 7,000 square feet, shall prepare
a stormwater site plan (or show on other diagrams being prepared for the project, if appropriate)
showing:
(i) Vicinity map;
(ii) Location of the structure and its access;
(iii) All applicable setback requirements;
(iv) Location of all applicable erosion and sediment control BMPs; and
(v) Existing site features and sensitive areas.
(4) New Development Minimum Requirements.
(a) All new development and redevelopment shall be required to comply with Minimum
Requirement No. 2 (Construction Stormwater Pollution Prevention) as contained in the SMM.
(b) New development that includes: (i) the creation or addition of 2,000 square feet, or greater, of
new, replaced, or new plus replaced impervious surface area; or (ii) has land-disturbing activities
of 7,000 square feet or greater shall comply with Minimum Requirements Nos. 1 through 5 as
contained in the SMM.
(c) New development that includes: (i) the creation or addition of 5,000 or more square feet of
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impervious surface; or (ii) converts three-quarters acre, or more, of native vegetation to lawn or
landscaped areas; or (iii) converts 2.5 acres, or more, of native vegetation to pasture shall
comply with Minimum Requirements Nos. 1 through 10 as contained in the SMM.
(d) Redevelopment that includes: (i) new, replaced, or total of new plus replaced impervious
surface of 2,000 square feet or more; or (ii) 7,000 square feet or more of land-disturbing activity
shall comply with Minimum Requirements Nos. 1 through 5 as contained in the SMM.
(e) Stormwater Site Plan. Stormwater site plans shall be developed to the standards of Volume I,
Chapter 3 of the SMM, and include:
(i) Project overview;
(ii) Plot plan, including the elements of subsection (3)(b) of this section;
(iii) Locations of structures and other impervious surfaces;
(iv) Locations of stormwater runoff treatment and flow control facilities;
(v) Road rights-of-way and easements;
(vi) Preliminary conditions summary;
(vii) Analysis of off-site water quality impacts (including groundwater) resulting from the
project, and mitigation measures;
(viii) Analysis and design of proposed stormwater runoff control facilities, including flow
control, treatment, and source control BMPs (cf. Volume I, Section I-4 of the SMM, which
provides a list of and selection process for BMPs);
(ix) Construction stormwater pollution prevention plan;
(x) Special reports and studies;
(xi) Stormwater and drainage system maintenance specifications.
(f) Commercial and industrial developments, subdivisions or other projects requiring stormwater
management facilities including collection, conveyance, treatment, detention, and infiltration
facilities shall enter into a stormwater management facility maintenance agreement with
Jefferson County to operate and maintain the facilities as per the approved plans. The public
works department will prepare the agreement after approval of the project stormwater site plan
and submit it to the applicant. The applicant shall file the agreement with the Jefferson County
auditor prior to final project approval by Jefferson County.
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(5) Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or more (not
exempted under subsection (5)(b) of this section), land-disturbing activities of 7,000 square feet or
more, or creation of 2,000 square feet or more of impervious surface shall be subject to a stormwater
management permit. Prior to issuance of a stormwater management permit, the applicant shall submit
the required stormwater management plans to the administrator for review and approval. The
administrator shall issue the stormwater management permit consistent with a Type I permit process
(as specified in Chapter 18.40 JCC) only upon a finding that the proposed use or activity meets all
applicable requirements of JCC 18.30.060 and this section, and any other applicable requirements of
this code.
(a) Applications for grading projects or land-disturbing activities which require a stormwater
management permit shall include the following information. The administrator may waive specific
submittal requirements determined to be unnecessary for review of the application.
(i) Source of fill material and deposition of excess material;
(ii) Physical characteristics of fill material;
(iii) Proposed methods of placement and compaction consistent with the applicable
standards in of the International Building Code;
(iv) Proposed surfacing material;
(v) Proposed method(s) of drainage and erosion control;
(vi) Methods for restoration of the site;
(vii) Demonstration that in-stream flow of water will remain unobstructed;
(viii) Demonstration that erosion and sedimentation from outflow channels will be minimized
by vegetation or other means; and
(ix) Demonstration that pond runoff will be controlled to protect adjacent property from
damage. [Ord. 8-06 § 1]
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Chapter 18.22
CRITICAL AREAS
Sections:
Article I. Purpose
18.22.010 Purpose – Generally.
Article II. Administrative Provisions
18.22.020 Applicability.
18.22.030 Identification and mapping of critical areas.
18.22.050 Coverage.
18.22.070 General exemptions.
18.22.080 Nonconforming uses.
18.22.090 Reasonable economic use variance.
18.22.095 Physical separation – Functional isolation.
Article III. Critical Aquifer Recharge Areas
18.22.100 Classification.
18.22.110 Designation.
18.22.120 Applicability.
18.22.130 Protection standards.
18.22.135 Adaptive management.
Article IV. Frequently Flooded Areas
18.22.140 Incorporation by reference.
18.22.150 Relationship to other regulations.
Article V. Geologically Hazardous Areas
18.22.160 Classification/designation.
18.22.170 Protection standards.
18.22.180 Conditions.
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.195 Compliance alternatives.
18.22.200 Classification/designation.
18.22.210 Process and requirements for designating habitats of local importance as critical
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areas.
18.22.220 Sources used for identification.
18.22.230 Fish and wildlife habitat conservation area (FWHCA) maps.
18.22.250 Regulated activities.
18.22.265 Habitat management plans – When required.
18.22.270 Protection standards.
18.22.280 Conditions.
Article VII. Wetlands
18.22.290 Stewardship alternative.
18.22.300 Classification/designation.
18.22.310 Regulated activities.
18.22.330 Protection standards.
18.22.340 Noncompensatory enhancement.
18.22.350 Mitigation.
Article VIII. Special Reports
18.22.360 General requirements.
18.22.370 Waivers.
18.22.380 Retaining consultants.
18.22.390 Acceptance of special reports.
18.22.400 Aquifer recharge area report.
18.22.410 Drainage and erosion control plan.
18.22.420 Geotechnical report.
18.22.430 Grading plan.
18.22.440 Habitat management plan.
18.22.450 Wetland delineation report.
Article IX. Alternative Protection Standards – Critical Area Stewardship Plans (CASPs)
18.22.460 Critical area stewardship plans (CASPs) – Generally.
18.22.461 Applicability and limitations.
18.22.465 Performance standards.
18.22.470 CASP contents – Existing conditions.
18.22.480 Description of the management proposal.
18.22.490 Maintenance.
18.22.510 As-built plan requirement.
18.22.520 Periodic monitoring.
18.22.530 Contingency planning.
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18.22.540 Failure to submit required reports.
18.22.550 Waiver.
Article X. Implementation Strategies
18.22.570 Conservation futures.
18.22.580 Education.
18.22.590 Best management practices (BMPs).
18.22.600 Cost sharing incentives.
18.22.610 Static buffer widths for voluntarily enhanced critical areas.
18.22.620 Public benefit rating system.
18.22.630 Residential best management practices (BMPs).
Article XI. Watershed Monitoring
18.22.640 Watershed monitoring.
Article XII. Adaptive Management
18.22.650 Adaptive management.
Article I. Purpose
18.22.010 Purpose – Generally.
The purpose of the Jefferson County critical areas ordinance is to comply with state law and to
describe authorized methods and procedures established to ensure the functions and values of critical
areas are not degraded when allowing approved uses and development activities in the county. This
regulation offers landowners a choice of two methods for ensuring the functions and values of critical
areas are not degraded:
(1) For any critical area, landowners may use a prescriptive method, as described herein; or
(2) For fish and wildlife habitat conservation areas (FWHCA) and wetlands, landowners may choose
an adaptive method by providing a site-specific stewardship plan (see Article IX, JCC 18.22.460).
[Ord. 3-08 § 1]
Article II. Administrative Provisions
18.22.020 Applicability.
Unless otherwise exempted under JCC 18.22.070, any land use or development activity that is
subject to a development permit or approval under this title may only be undertaken on land located
within or containing a critical area or its buffer if the provisions of this chapter are met. Unless
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otherwise exempted under JCC 18.22.070, uses and activities in critical areas or their buffers for
which no permit or approval is required by any other provision of county code are also subject to the
development standards and other requirements of this chapter. [Ord. 3-08 § 1]
18.22.030 Identification and mapping of critical areas.
The approximate locations and extents of critical areas within the county are displayed on various
inventory maps available through the Jefferson County department of community development. The
critical areas maps are provided only as a general guide to alert the viewer to the possible location
and extent of critical areas. These maps need not to be relied upon exclusively to establish the
existence/absence or boundaries of a critical area, or to establish whether all of the elements
necessary to identify an area as a critical area actually exist. Conditions in the field control; in the
event of a conflict between the information shown on the maps and information shown as a result of
field investigations, the latter shall prevail. To the extent practicable, the county shall ensure that its
critical area maps are updated as inventories are completed in compliance with the requirements of
the Growth Management Act. [Ord. 3-08 § 1]
18.22.050 Coverage.
(1) The following permits and approvals shall be subject to, and coordinated with, the requirements of
this section: clearing and grading; site plan approval; sewage disposal; subdivision or short
subdivision; binding site plans; building permit; planned residential development; shoreline substantial
development; variance; conditional use permit; certain forest practice permits (Class IV general,
Class III conversion option harvest plans); other permits leading to the development or alteration of
land; and rezones if not combined with another development permit. In instances where a proposal
involves a parcel of real property with more than one critical area or critical area buffer, the standards
that pertain to each identified critical area shall apply. When provisions of this section conflict with
one another, or when provisions of this section conflict with any other local law, the provision that
provides more protection to the critical area shall apply. No permit involving a designated critical area
shall be approved unless it is determined to be in compliance with this code.
(2) Any action taken in a critical area designated under this chapter that is in violation of the
standards and conditions contained herein is expressly prohibited. [Ord. 3-08 § 1]
18.22.070 General exemptions.
The following activities in critical areas or their buffers are exempt from the requirements of this
chapter:
(1) Agricultural activities when undertaken pursuant to best management practices to minimize
impacts to critical areas and consistent with JCC 18.20.030.
(2) Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09
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RCW and forest practice regulations, WAC Title 222, and which are exempt from Jefferson County
jurisdiction.
(3) Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails,
bridges, and associated storm drainage facilities when undertaken pursuant to best management
practices to minimize impacts to critical areas and to immediately restore any disturbed critical area
or its buffer; provided, that reconstruction does not involve expansion of facilities.
(4) Maintenance and repair of existing drainage facilities or systems, including, but not limited to,
ditches, culverts, catch basins, and outfalls when undertaken pursuant to best management practices
to minimize impacts to critical areas and immediately to restore any disturbed critical area or its
buffer.
(5) Utility activities, when undertaken pursuant to best management practices to minimize impacts to
critical areas and immediately to restore any disturbed critical area or its buffer:
(a) Normal and routine maintenance or repair of existing utility facilities or rights-of-way.
(b) Installation, construction, relocation and replacement, operation, repair, or alteration of all
utility lines, equipment, or appurtenances, not including substations, in improved road rights-of-
way.
(6) Reconstruction, remodeling, or maintenance of existing structures. This exemption shall not apply
to reconstruction which is proposed as a result of structural damage associated with a geologically
hazardous area and does not allow further intrusion into a wetland, fish and wildlife habitat
conservation area and/or their buffers.
(7) Site investigative work. Site investigative work necessary for land use application submittals,
including but not limited to surveys, soil logs, and percolation tests involving no fill or use of heavy
equipment in a wetland, or a fish and wildlife habitat conservation area or their buffers; provided, that
disturbed critical areas and their buffers are immediately restored and best management practices are
implemented and excavation for soil logs or percolation tests are filled.
(8) Emergency action. Action that is taken which is necessary to resolve or prevent imminent threat
or danger to public health or safety, or to public or private property, or serious environmental
degradation. If the nature of the emergency is such that it is not possible to first seek review, the
department, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of
Engineers), must be notified of the action within 30 days of the initiation of the emergency work.
(9) Artificial wetlands and artificial ponds.
(10) Flood control. Operation, maintenance and repair of dikes, ditches, reservoirs, and other
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structures and facilities which were created or developed as part of normal flood control activities,
except that this exemption does not extend to the permanent draining or permanent alteration of any
regulated wetland.
(11) Irrigation. Operation, maintenance and repair of ditches, reservoirs, ponds and other structures
and facilities.
(12) Recreational uses, swimming, boating and fishing. Maintenance and repair of docks, piers, boat
launches and floats in lakes (provided that the proposed action complies with the requirements of the
Shoreline Management Act), in deep water habitats one acre or greater in size when such activities
are for recreational purposes and do not involve alteration of or construction through, over or in a
regulated wetland. Other outdoor activities, including hunting and fishing (pursuant to state law), bird
watching, hiking, bicycling.
(13) Existing residential landscaping. Planting, irrigating, fertilizing, spraying, mowing and pruning and
maintenance and repair of structures when such activities are part of existing normal residential
landscaping activities and no building permit is required. This exemption does not allow further
intrusion into a wetland, fish and wildlife habitat conservation area, geologically hazardous area or
their buffers.
(14) All wetlands wherein wetland conditions are being maintained only because of human-induced
water, even if it can be determined that the wetland conditions would no longer exist if the activity (for
example, irrigation or pumping water) were to be terminated.
(15) Removal or destruction of noxious weeds listed in Chapter 16-750 WAC is the responsibility of
the landowner; provided, that the following conditions are met:
(a) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson
County noxious weed control board. The Jefferson County noxious weed control board shall
coordinate with the department of planning and community development for the control of
noxious weeds in wetlands.
(b) All herbicide applications in aquatic environments shall conform to the rules of the
Department of Ecology, Department of Agriculture and Department of Natural Resources,
pursuant to Chapters 173-201, 16-228, and 222-38 WAC.
(16) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such
crops and provided the harvesting does not require tilling soil, planting crops, or changing existing
topography, water conditions, or water sources and provided these activities do not have any adverse
impacts on protection of the critical area or its buffer.
(17) The enhancement of a buffer by planting indigenous vegetation.
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(18) The construction of unpaved trails when located in the buffer areas and elevated when located in
wetlands, which are not intended for motorized use, and which are no wider than five feet, unless
additional width is necessary for safety along a precipice, steep hillside, or other hazardous area.
(19) Installation of navigation aids and boundary markers.
(20) Drilling or digging and maintenance of wells; provided, that impacts to critical areas and their
buffers are minimized and disturbed areas are immediately restored.
(21) The administrator may determine that an activity is closely allied or similar to any activity in this
list. If such an activity does not impact the functions and values of any critical area or its buffers, it
may also be determined to be exempt. [Ord. 3-08 § 1]
18.22.080 Nonconforming uses.
(1) Any legal use or legal structure in existence on the effective date of the ordinance codified in this
chapter that does not meet the buffer requirements of this chapter for any designated critical area
shall be considered a legal nonconforming use.
(2) Any use or structure for which an application has vested or for which a permit has been obtained
prior to the effective date of the ordinance codified in this chapter, that does not meet the buffer
requirements of this chapter for any designated critical area, shall be considered a legal
nonconforming use.
(3) A legal nonconforming use or structure may be maintained or repaired without limitation by this
chapter.
(4) A legal nonconforming use or structure that has been damaged or destroyed by fire or other
calamity may be restored and its immediately previous use may be resumed. [Ord. 3-08 § 1]
18.22.090 Reasonable economic use variance.
(1) Generally. If the application of this chapter would deny all reasonable economic use of the
property, the applicant, upon denial of a permit due to the requirements of this chapter, may apply for
a reasonable economic use variance.
(2) Staff Recommendation and Burden of Proof. Upon application to the department, the department
shall prepare a recommendation to the hearing examiner. The property owner and/or applicant for a
reasonable economic use variance shall bear the burden of proving that the property is deprived of all
reasonable economic use.
(3) Hearing Examiner Process. The hearing examiner shall conduct a public hearing on the variance
request. Decisions of the hearing examiner shall be final and conclusive. Public notice shall be
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provided as follows:
(a) The department shall arrange for at least one publication of the notice of hearing to appear in
a newspaper of general circulation within the county at least 10 days before the hearing.
Payment of all publication fees shall be the responsibility of the applicant.
(b) The department shall send notice to adjacent property owners advising them of the hearing.
The notice shall be mailed to the owners of record of all property lying within 300 feet of the
property at issue, at least 10 days before the public hearing. Names and addresses of adjacent
property owners shall be provided to the department by the applicant, subject to department
approval.
(c) The department shall provide the applicant with at least two copies of the hearing notice, and
one copy of an affidavit of posting. The applicant shall post the notices and maintain them in
place for at least 10 days prior to the hearing, not including the day of posting or the day of the
hearing. The notices shall be placed in conspicuous locations on or near the property and shall
be removed by the applicant after the hearing. Notices shall be mounted on easily visible boards
provided by the department. The affidavit of posting shall be signed, notarized, and returned to
the department at least 10 days prior to the hearing.
(d) All hearing notices shall include a legal description of the property involved, and a concise
description of the variance requested in lay language.
(4) Hearing Examiner – Required Findings. A reasonable economic use variance may be granted only
when the hearing examiner finds that the application meets all of the following criteria:
(a) No reasonable economic use with less impact on the critical area or its buffer is possible.
(b) There is no feasible on-site alternative to the proposed activities that would allow a
reasonable economic use with less adverse impacts to critical areas or associated buffers.
Feasible on-site alternatives shall include, but are not limited to:
(i) Reduction in density, scope, scale or intensity;
(ii) Phasing of project implementation;
(iii) Change in timing of activities; and
(iv) Revision of road or parcel layout or related site planning considerations.
(c) The proposed variance will result in the minimum feasible alteration or impairment to the
critical area functional characteristics and existing contours, vegetation, fish and wildlife
resources, and hydrological conditions.
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(d) Disturbance of critical areas has been minimized by locating any necessary alteration in
critical area buffers to the minimum extent possible.
(e) The proposed variance will not cause degradation to surface or groundwater quality.
(f) The proposed variance complies with all federal, state and local statutory and common law,
including the Endangered Species Act, and statutory laws related to sediment control, pollution
control, floodplain restrictions, and on-site wastewater disposal, and common law relating to
property and nuisance.
(g) There will be no material damage to nearby public or private property and no material threat
to the health or safety of people on or off the property.
(h) The inability to derive reasonable economic use of the property is not the result of actions by
the applicant in segregating or dividing the property and creating the undevelopable condition
after the effective date of the regulations codified in this chapter.
(5) Conditions.
(a) In granting approval for reasonable economic use variances, the hearing examiner may
require mitigating conditions.
(b) In granting approval for reasonable economic use variances involving designated wetlands,
the hearing examiner shall consider the following mitigating conditions:
(i) Provision of a mitigation plan demonstrating how the applicant intends to substantially
restore the site to predevelopment conditions following project completion; and
(ii) The restoration, creation or enhancement of wetlands and their buffers in order to offset
the impacts resulting from the applicant’s actions; the overall goal of any restoration,
creation or enhancement project shall be no net loss of wetlands function and acreage.
(6) Performance Bond. The administrator may require a performance bond of 120 percent of the cost
of the outstanding work items to be accomplished. [Ord. 3-08 § 1]
18.22.095 Physical separation – Functional isolation.
Buffer areas which are both physically separated and functionally isolated from a critical area and do
not protect the critical area from adverse impacts shall be excluded from buffers otherwise required
by this chapter. Functional isolation can occur due to existing public roads, structures, vertical
separating, or any other relevant physical characteristic. The administrator may require a biological
site assessment to determine whether the buffer is functionally isolated. [Ord. 3-08 § 1]
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Article III. Critical Aquifer Recharge Areas
18.22.100 Classification.
Critical aquifer recharge areas are naturally susceptible due to the existence of permeable soils or a
seawater wedge in coastline aquifers. Certain overlying land uses can lead to water quality and/or
quantity degradation. The following classifications define critical aquifer recharge areas:
(1) Susceptible aquifer recharge areas are those with geologic and hydrologic conditions that promote
rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless
otherwise determined by preparation of an aquifer recharge area report authorized under this article,
the following geologic units, as identified from available State of Washington Department of Natural
Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County:
(a) Alluvial fans (Ha);
(b) Artificial fill (Hx);
(c) Beach sand and gravel (Hb);
(d) Dune sand (Hd);
(e) Floodplain alluvium (Hf);
(f) Vashon recessional outwash in deltas and alluvial fans (Vrd);
(g) Vashon recessional outwash in melt water channels (Vro);
(h) Vashon ice contact stratified drift (Vi);
(i) Vashon ablation till (Vat);
(j) Vashon advance outwash (Vao);
(k) Whidbey formation (Pw); and
(l) Pre-Vashon stratified drift (Py).
(2) Those areas meeting the requirements of susceptible aquifer recharge areas (above) and which
are overlain by the following land uses as identified in this code are subject to the provisions of the
protection standards in this article:
(a) All industrial land uses;
(b) All commercial uses;
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(c) All rural residential land uses:
(i) Requiring a discretionary use or conditional use permit; or
(ii) With nonconforming uses that would otherwise require a discretionary use or conditional
use permit;
(d) Unsewered planned rural residential developments;
(e) Unsewered residential development with gross densities greater than one unit per acre.
(3) Special aquifer recharge protection areas include:
(a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance
with the Safe Drinking Water Act of 1974 (Public Law 93-523);
(b) Special protection areas designated by the Washington Department of Ecology under Chapter
173-200 WAC;
(c) Wellhead protection areas determined in accordance with delineation methodologies specified
by the Washington Department of Health under authority of Chapter 246-290 WAC;
(d) Groundwater management areas designated by the Washington Department of Ecology in
cooperation with local government under Chapter 173-100 WAC.
(4) Seawater intrusion protection zones (SIPZ) are aquifers and land overlying aquifers with some
degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline
or by proximity to groundwater sources that have demonstrated high chloride readings. All islands and
land area within one-quarter mile of marine shorelines and associated aquifers together compose the
coastal SIPZ. Additionally, areas within 1,000 feet of a groundwater source with a history of chloride
analyses above 100 milligrams per liter (mg/L) are categorized as either at risk (between 100 mg/L
and 200 mg/L) or high risk (over 200 mg/L) SIPZ. Individual groundwater sources with a history of
chloride analyses above 200 mg/L shall be considered “sea-salt water intrusion areas,” which are
among the “sources or potential sources of contamination” listed in WAC 173-160-171, implementing
code for the Water Well Construction Act.
(a) In some cases, high chloride readings may be indicative of connate seawater (i.e., relic
seawater in aquifers as opposed to active seawater intrusion). When best available science or a
hydrogeologic assessment demonstrate that high chloride readings in a particular area are due
to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ.
When the status of an area is in question, the UDC administrator is responsible for making the
determination based upon recommendation from county department of health and human
services. [Ord. 3-08 § 1]
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18.22.110 Designation.
Jefferson County shall prepare and exhibit dated critical aquifer recharge area maps which
demonstrate the approximate distribution of the susceptible aquifer recharge areas, special aquifer
recharge protection areas, and seawater intrusion protection zones. The critical aquifer recharge area
maps shall be periodically revised, modified, and updated to reflect additional information. [Ord. 3-08
§ 1]
18.22.120 Applicability.
(1) The following land use activities are considered high impact land uses due to the probability and/or
potential magnitude of their adverse effects on groundwater and shall be prohibited in susceptible
aquifer recharge areas and special aquifer recharge protection areas. In all other areas of the county
outside of susceptible aquifer recharge areas and special aquifer recharge protection areas, these
activities shall require an aquifer recharge area report pursuant to this article:
(a) Chemical manufacturing and reprocessing;
(b) Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be
permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer
recharge protection areas and only if best management practices are implemented pursuant to
JCC 18.20.240 (2)(h)(iv) and 18.30.170 and an accepted aquifer recharge area report);
(c) Electroplating and metal coating activities;
(d) Hazardous waste treatment, storage and disposal facilities;
(e) Petroleum product refinement and reprocessing;
(f) Storage tanks for petroleum products or other hazardous substances, except with a
conditional discretionary use “C(d)” permit approval;
(g) Recycling facilities as defined in this code;
(h) Solid waste landfills;
(i) Waste piles as defined in Chapter 173-304 WAC;
(j) Wood and wood products preserving;
(k) Storage and primary electrical battery processing and reprocessing.
(2) All other land uses shall be subject to the protection standards contained in this article and
mitigating conditions included with an aquifer recharge area report, where applicable.
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(3) Seawater Intrusion Protection Zones. Marine shorelines and islands are susceptible to a condition
that is known as seawater intrusion. Seawater intrusion is a condition in which the
saltwater/freshwater interface in an aquifer moves inland so that wells drilled on upland areas cannot
obtain freshwater suitable for public consumption without significant additional treatment and cost.
Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of the rate of
aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily through
wells). New development, redevelopment, and land use activities on islands and in close proximity to
marine shorelines in particular should be developed in such a manner to maximize aquifer recharge
and maintain the saltwater/freshwater balance to the maximum extent possible. [Ord. 4-10 § 1 (Exh.
B); Ord. 3-08 § 1]
18.22.130 Protection standards.
(1) General. The following protection standards shall apply to land use activities in susceptible aquifer
recharge areas and special aquifer protection areas, and when specified in seawater intrusion
protection zones, unless mitigating conditions have been identified in a critical aquifer recharge report
that has been prepared pursuant to this article.
(2) Stormwater Disposal.
(a) In all critical aquifer recharge areas, stormwater runoff shall be controlled and treated in
accordance with best management practices and facility design standards as identified and
defined in the Stormwater Management Manual for the Puget Sound Basin, as amended, and the
stormwater provisions contained in Chapter 18.30 JCC.
(b) To help prevent seawater from intruding landward into underground aquifers, all new
development activity on Marrowstone Island, Indian Island and within one-quarter mile of any
marine shoreline shall be required to infiltrate all stormwater runoff on site. The administrator will
consider requests for exceptions to this policy on a case-by-case basis. This provision is
interpreted as establishing a hierarchy in which the first and best alternative is on-site infiltration
using drywells or other methods; the second best alternative is direct discharge into marine
waters through a stormwater tightline. In order to utilize the least preferred alternative, which is
considered an exception to the policy, applicants must demonstrate through a geotechnical or
similar report prepared by a licensed professional that both on-site infiltration and upland off-site
disposal are not practicable or feasible. The report must include cost figures for comparison.
(3) On-Site Sewage Disposal.
(a) All land uses identified in JCC 18.22.120 and special aquifer recharge protection areas that
are also classified as susceptible aquifer recharge areas (as defined in this article) shall be
designated areas of special concern pursuant to WAC Title 246.
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(i) Such designation shall identify minimum land area and best management practices for
nitrogen removal as design parameters necessary for the protection of public health and
groundwater quality.
(ii) Best management practices (BMPs) shall be adopted by action of the board of health.
(b) As new information becomes available that would classify an area as a special aquifer
recharge protection area or an area of special concern under this article, said area may be
designated as such by the county. Any additional areas of special concern designated through
this process shall receive the same protections identified in subsection (3)(a) of this section.
(4) Golf Courses and Other Turf Cultivation. In all critical aquifer recharge areas, golf courses shall be
developed and operated in a manner consistent with the most current edition of “Best Management
Practices for Golf Course Development and Operation,” King County department of development and
environmental services. Recreational and institutional facilities (e.g., parks and schools) with
extensive areas of cultivated turf shall be operated in a manner consistent with portions of the
aforementioned best management practices pertaining to fertilizer and pesticide use, storage, and
disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using
groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater
intrusion protection zones or in an approved public water supply.
(5) Above-Ground Storage and Underground Storage Tanks. Above-ground and underground storage
tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the
release of hazardous substances to the ground or groundwater and be consistent with the Department
of Ecology’s standards for construction and installation under Chapter 173-360 WAC. Above-ground
storage tanks intended to hold or store hazardous substances shall be provided with an impervious
containment area, equivalent to or greater than 100 percent of the tank volume, enclosing and
underlying the tank; or ensure that other measures are undertaken as prescribed by the Uniform Fire
Code which provide an equivalent measure of protection. Underground storage tanks intended to store
hazardous substances shall provide an impervious tertiary containment area underlying the tanks or
ensure that other measures are undertaken which provide an equivalent measure of protection.
Application for installation of underground storage tanks not prohibited under this article, or application
for a conditional discretionary “C(d)” use permit approval, shall be accompanied by an aquifer
recharge report pursuant to this article.
(6) Mining and Quarrying. Mining and quarrying performance standards containing groundwater
protection best management practices pertaining to operation, closure, and the operation of gravel
screening, gravel crushing, cement concrete batch plants, and asphalt concrete batch plants, where
allowed, are contained in Chapters 18.20 and 18.30 JCC.
(7) Hazardous Materials. Land use activities that generate hazardous waste, which are not prohibited
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outright under this code, and which are conditionally exempt from regulation by the Washington
Department of Ecology under WAC 173-303-100, or which use, store, or handle hazardous
substances, shall be required to prepare and submit a hazardous materials management plan that
demonstrates that the development will not have an adverse impact on groundwater quality. The
facility owner must update the hazardous materials management plan annually.
(8) Well Drilling, Land Division, and Building Permits in Seawater Intrusion Protection Zones.
(a) Well Drilling. The Washington State Department of Ecology regulates well drilling pursuant to
the Water Well Construction Act. Proposed wells, including those exempt from permitting
requirements, must be sited at least 100 feet from “known or potential sources of contamination,”
which include “sea-salt water intrusion areas” (WAC 178-160-171), unless a variance is obtained
from Ecology per WAC 173-160-106.
(b) Subdivisions. Applications for land division (Chapter 18.35 JCC) must include specific and
conclusive proof of adequate supplies of potable water through a qualifying hydrogeologic
assessment (relevant components of an aquifer recharge area report per JCC 18.22.400) that
demonstrates that the creation of new lots and corresponding use of water will not impact the
subject aquifer such that water quality is degraded by seawater intrusion.
(i) Marrowstone Island Subdivision Moratorium. Due to documented seawater intrusion on
Marrowstone Island and the existence of undeveloped lots of record, Jefferson County has
imposed a moratorium on additional land divisions on the island until such time as public
water is available or it is demonstrated through the well monitoring program that
groundwater quality is not degrading due to seawater intrusion.
(c) Building Permits.
(i) Evidence of potable water may be an individual well, connection to a public water
system, or an alternative system. Whatever method is selected, the regulatory and
operational standards for that method must be met, including Jefferson County health codes
and the Washington Administrative Code. Pursuant to Section 4 of the State “Guidelines for
Determining Water Availability for New Buildings” (Ecology Publication No. 93-27),
investigation and identification of well interference problems and impairment to senior rights
is the responsibility of the Washington Department of Ecology. If the possibility of a problem
is suspected, the local permitting authority should contact Ecology.
(ii) All types of building permits that require proof of potable water use are subject to this
policy, specifically building permits for new single-family residences (SFRs) or other
structures with plumbing that are not associated with an existing SFR (i.e., shops or
garages with a bathroom).
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(d) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply
to development proposals within the coastal, at risk, and high risk SIPZ, and upon Marrowstone
Island, in the following manner, in addition to all existing applicable health codes:
(i) Coastal SIPZ.
(A) Voluntary Actions.
(I) Water conservation measures;
(II) Ongoing well monitoring for chloride concentration;
(III) Submittal of data to county.
(B) Mandatory Actions.
(I) For proof of potable water on a building permit application, applicant must utilize
DOH-approved public water system if available;
(II) If public water is unavailable, an individual well may be used as proof of
potable water subject to the following requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted with
building permit application;
2. Installation of source-totalizing meter (flow).
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(ii) At Risk SIPZ.
(A) Voluntary Actions.
(I) Water conservation measures.
(B) Mandatory Actions.
(I) For proof of potable water on a building permit application, applicant must utilize
DOH-approved public water system if available;
(II) If public water is unavailable, an individual well may be used as proof of
potable water subject to the following requirements:
1. Chloride concentration of a laboratory-certified well water sample submitted with
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building permit application;
2. Installation of a source-totalizing meter (flow);
3. Ongoing well monitoring for chloride concentration;
4. Submittal of flow and chloride data to the county per monitoring program;
(III) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iii) High Risk SIPZ.
(A) Mandatory Actions.
(I) Water conservation measures (per list maintained by UDC administrator);
(II) For proof of potable water on a building permit application, applicant must
utilize DOH-approved public water system if available;
(III) If public water is unavailable, an individual well may only be used as proof of
potable water subject to the following requirements:
1. Variance from WAC Title 173 standards granted by Ecology per WAC 173-160-
106 for a new groundwater well within 100 feet of a sea-salt water intrusion area
per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing
chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline);
or for an existing groundwater well not subject to an Ecology variance, applicant
must provide a hydrogeologic assessment (relevant components of an aquifer
recharge area report per JCC 18.22.400), which shall be transmitted to Ecology for
review, demonstrating that use of the well does not cause any detrimental
interference with existing water rights and is not detrimental to the public interest;
2. Chloride concentration of a laboratory-certified well water sample submitted with
building permit application;
3. If chloride concentration exceeds 250 mg/L in a water sample submitted for a
building permit, then the property owner shall be required to record a restrictive
covenant that indicates a chloride reading exceeded the U.S. Environmental
Protection Agency secondary standard (250 mg/L) under the National Secondary
Drinking Water Regulations;
4. Installation of a source-totalizing meter flow;
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5. Ongoing well monitoring for chloride concentration;
6. Submittal of flow and chloride data to the county per monitoring program;
(IV) If public water is unavailable, a qualifying alternative system may be used as
proof of potable water.
(iv) Marrowstone Island. In addition to all voluntary and mandatory actions associated with
the applicable SIPZ as described above, the following measures apply to all development
proposals on Marrowstone Island that include groundwater withdrawal:
(A) Voluntary Actions.
(I) Installation of timers together with new well pump installations to enable pump
use limitation to low demand times.
(B) Mandatory Actions.
(I) The use of a well proposed as proof of potable water for a new building permit
shall be conditioned through the building permit such that enrollment in a county-
sponsored monitoring program is required, including periodic submittal of flow and
chloride data as determined by the county.
(II) Installation of a source-totalizing meter (flow).
(III) Installation of a variable speed pump, controllable from the surface, in order to
enable reduction of withdrawal rate, as may be necessary.
(IV) Installation of a 1,000-gallon minimum storage tank that shall conform to
ANSI/NSF Standard 61.
(9) Mitigating Conditions. The administrator may require additional mitigating conditions, as needed, to
provide protection to all critical aquifer recharge areas to ensure that the subject land or water use
action will not pose a risk of significant adverse groundwater quality impacts. The determination of
significant adverse groundwater quality impacts will be based on the anti-degradation policy included
in Chapter 173-200 WAC.
(10) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval if
the protection standards contained herein or added mitigating conditions cannot prevent significant
adverse groundwater quality impacts. [Ord. 4-10 § 1 (Exh. B); Ord. 3-08 § 1]
18.22.135 Adaptive management.
As part of the periodic review and amendment to Jefferson County’s implementing regulations
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required under RCW 36.70A.130(4), Jefferson County shall review the need for and implement an
adaptive management program for groundwater resources in certain discrete geographic areas of the
county, consistent with the provisions of WAC 365-195-920(2). [Ord. 3-08 § 1]
Article IV. Frequently Flooded Areas
18.22.140 Incorporation by reference.
This article incorporates by reference the classification, designation and protection provisions
contained in the Jefferson County floodplain management ordinance (Chapter 15.15 JCC) with the
following addition:
(1) In addition to the insurance maps identified in the floodplain management ordinance (Chapter 15.15
JCC), flood hazard areas shall be identified with reference to the Federal Emergency Management
Agency (FEMA) 100-year floodplain designations. Such flood hazard areas shall be subject to the
criteria of the floodplain management ordinance.
(2) The floodplain management ordinance conforms with the intent of the minimum guidelines (WAC
365-190-080(3)) through directly considering the effects of flooding on human health and safety,
together with effects on public facilities and services, through its protection standards. [Ord. 3-08 § 1]
18.22.150 Relationship to other regulations.
While the Jefferson County floodplain management ordinance requires consistency with all other
applicable laws, in the event that a conflict should exist the stricter standard shall apply to the
regulated development. [Ord. 3-08 § 1]
Article V. Geologically Hazardous Areas
18.22.160 Classification/designation.
(1) Classification. Geologically hazardous areas shall be classified based upon a combination of
erosion, landslide and seismic hazard.
(2) Designation. The following erosion, landslide, seismic, and channel migration zone (CMZ) hazard
areas shall be subject to the standards of this article:
(a) Erosion Hazard Areas. Areas containing soils or soil complexes described and mapped
within the United States Department of Agriculture, Soil Conservation Service, Soil Survey for
Jefferson County as having a severe or very severe erosion hazard potential.
(b) Landslide Hazard Areas. Areas potentially subject to mass movement due to a combination
of geologic, topographic and hydrologic factors including:
(i) Areas of historic failures or potentially unstable slopes, such as:
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(A) Areas described and mapped as having severe or very severe building limitations
for dwellings without basements within the United States Department of Agriculture,
Soil Conservation Service, Soil Survey for Jefferson County;
(B) Areas described and mapped as recent or old landslides or slopes of unstable
materials within the Washington State Department of Ecology Coastal Zone Atlas of
Jefferson County; and
(C) Areas described and mapped as areas of poor natural stability, former landslides
and recent landslides by the Washington State Department of Natural Resources,
Division of Geology and Earth Resources;
(ii) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, or
undercutting by wave action; and
(iii) Areas with any indications of earth movement, such as:
(A) Rockslides;
(B) Earthflows;
(C) Mudflows; and
(D) Landslides.
(c) Seismic Hazard Areas. Areas subject to severe risk of damage as a result of earthquake-
induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These
areas are identified by the presence of: poorly drained soils with greater than 50 percent silt and
very little coarse material; loose sand or gravel, peat, artificial fill and landslide materials; or soil
units with high organic content.
(d) Channel Migration Zones (CMZs). Areas subject to the natural movement of stream channel
meanders. Those areas within the delineated high risk CMZ area (the area in which channel
migration is likely to occur within the next 50 years) are subject to this article. Disconnected
migration areas, which are areas that have been disconnected from the river by legally existing
artificial structure(s) that restrain channel migration (such as levees and transportation facilities
built above or constructed to remain intact through the 100-year flood elevation) and are no
longer available for migration by the river, shall be excluded from review under this article.
Moderately high, moderate, and low risk CMZs areas are also excluded from review under this
article.
(3) Sources Used for Identification. Sources used to identify geologically hazardous areas include, but
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are not limited to:
(a) United States Department of Agriculture, Soil Conservation Service, Soil Survey for Jefferson
County.
(b) Washington State Department of Ecology, Coastal Zone Atlas.
(c) Washington State Department of Natural Resources, Slope Stability and Geologic Maps of
Eastern Jefferson County.
(d) Washington State Department of Natural Resources, Geographic Information System: Soil
Survey.
(e) Washington State Department of Natural Resources, Geologic Maps of Eastern Jefferson
County, Compressibility of Earth Materials in Eastern Jefferson County.
(f) United States Department of the Interior, USGS Quad Maps.
(g) U.S. Department of the Interior, Bureau of Reclamation, 2004, Channel Migration Zone Study
for the Duckabush, Dosewallips, Big Quilcene and Little Quilcene Rivers, Jefferson County,
Washington. Denver, CO.
(h) Perkins Geosciences, 2006, Channel Migration Hazard Maps for the Dosewallips,
Duckabush, Big Quilcene and Little Quilcene Rivers, Jefferson County, Washington. Seattle,
WA.
(i) Perkins Geosciences with TerraLogic GIS, June 2004, Lower Hoh River Channel Migration
Study Summary Report.
(j) The following rivers are not regulated in this section as a result of not having mapped CMZs
(not an exhaustive list): Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon
Creek, Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.
(4) Geologic Hazard Area Maps. The maps prepared by the county using the identification sources
listed in this section have been produced for informational purposes only and are not regulatory
devices forming an integral part of this code. [Ord. 6-09 § 1 (Exh. B); Ord. 3-08 § 1]
18.22.170 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated geologically
hazardous area or its buffer shall adhere to the requirements set forth below.
(2) Drainage and Erosion Control.
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(a) An applicant submitting a project application shall also submit, and have approved, a
drainage and erosion control plan, as specified in this chapter, when the project application
involves either of the following:
(i) The alteration of a geologically hazardous area or its buffer; or
(ii) The creation of a new parcel within a known geologically hazardous area.
(b) Drainage and erosion control plans required under this chapter shall discuss, evaluate and
recommend methods to minimize sedimentation of adjacent properties during and after
construction.
(c) Surface drainage shall not be directed across the face of a marine bluff, landslide hazard or
ravine. The applicant must demonstrate that the stormwater discharge cannot be accommodated
on site or upland by evidence of a geotechnical report, unless waived by the administrator. If
drainage must be discharged from a bluff to adjacent waters, it shall be collected above the face
of the bluff and directed to the water by tight line drain and provided with an energy dissipating
device at the shoreline, above OHWM.
(d) In addition to any erosion control methods specified in the drainage and erosion control plan,
the administrator may require hydroseeding of exposed or disturbed areas or other BMPs.
(3) Clearing and Grading.
(a) In addition to the general clearing and grading provisions in Chapter 18.30 JCC, the following
provisions shall also apply:
(i) Clearing within geologically hazardous areas shall be allowed only from April 1st to
November 1st, unless the applicant demonstrates that such activities would not result in
impacts contrary to the protection requirements herein;
(ii) Only that clearing necessary to install temporary sedimentation and erosion control
measures shall occur prior to clearing for roadways or utilities;
(iii) Clearing limits for roads, septic, water and stormwater utilities, and temporary erosion
control facilities shall be marked in the field and approved by the administrator prior to any
alteration of existing native vegetation;
(iv) Clearing for roads and utilities shall remain within construction limits which must be
marked in the field prior to commencement of site work; and
(v) The authorized clearing for roads and utilities shall be the minimum necessary to
accomplish project specific engineering designs and shall remain within approved rights-of-
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way.
(b) The following provisions regarding grading shall apply:
(i) An applicant submitting a project application shall also submit, and have approved, a
grading plan, as specified in this chapter, when the application involves either of the
following:
(A) The alteration of a geologically hazardous area or its buffer; or
(B) The creation of a new parcel within a known geologically hazardous area.
(ii) Excavation, grading and earthwork construction regulated under this section shall only
be allowed from April 1st to November 1st, unless the applicant demonstrates that such
activities would not result in impacts contrary to the protection requirements herein.
(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) During clearing for roadways and utilities, all trees and understory lying outside of approved
construction limits shall be retained; provided, that understory damaged during approved clearing
operations may be pruned.
(b) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(c) Retained trees, understory and stumps may subsequently be cleared only if such clearing is
necessary to complete the proposal involved in the triggering application.
(d) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation removal outside
of a high risk CMZ shall not be reviewed under this article. Should this provision conflict with
other vegetation retention requirements specified within the JCC, the more restrictive protection
requirement applies.
(5) Buffer Marking. The location of the outer extent of landslide hazard area buffers shall be marked in
the field as follows:
(a) A permanent physical separation along the boundary of the landslide hazard area shall be
installed and permanently maintained. Such separation may consist of logs, a tree or hedgerow,
fencing, or other prominent physical marking approved by the administrator.
(b) Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or
every 100 feet, whichever is less. Signs shall remain in place prior to and during approved
construction activities. The signs shall contain the following statement: “Landslide Hazard Area
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& Buffer – Do Not Remove or Alter Existing Native Vegetation.”
(c) In the case of short plat, long plat, binding site plan or site plan approvals under this code,
the applicant shall include on the face of any such instrument the boundary of the landslide
hazard area and its buffer.
(6) Buffers – Standard Requirements. The following landslide hazard area buffer provisions shall
apply:
(a) Buffer areas shall be required to provide sufficient separation between the landslide hazard
area and the adjacent proposed project.
(b) The appropriate width of the landslide hazard area buffer shall be determined by either:
application of the standard buffer width set forth below; or by acceptance of a geotechnical report
meeting the criteria of this section.
(c) Buffers shall remain naturally vegetated. Where buffer disturbance has occurred during
construction, replanting with native vegetation shall be required.
(d) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to
enhance views may be permitted by the administrator on a case-by-case basis.
(e) All buffers shall be measured perpendicularly from the top, toe or edge of the landslide
hazard area boundary.
(f) A standard buffer of 30 feet shall be established from the top, toe and all edges of landslide
hazard areas.
(g) A building setback line is required to be five feet from the edge of any buffer area for a
landslide hazard area or to outside the full extent of the high risk channel migration zone (CMZ),
whichever is greater.
(7) Reducing Buffer Widths. The administrator may reduce the standard landslide hazard area buffer
width only when the project applicant demonstrates, to the satisfaction of the administrator, that the
project cannot meet the required setback. The reduced buffer must adequately protect the proposed
project from the risks of the landslide hazard area to the maximum extent possible. Under no
circumstances shall the buffer width be reduced to less than 15 feet.
(8) Increasing Buffer Widths. The administrator may increase the standard landslide hazard area
buffer width when a larger buffer is necessary to protect the proposed project and the landslide hazard
area. This determination shall be made when the administrator demonstrates any one of the following
through appropriate documentation:
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(a) The landslide area is unstable and active.
(b) The adjacent land is susceptible to severe landslide or erosion, and erosion control measures
will not effectively protect the proposed project from the risks posed by the landslide hazard
area.
(c) The adjacent land has minimal vegetative cover.
(9) Geotechnical Report.
(a) An applicant submitting a project application shall submit, and have approved, a geotechnical
report, as specified in Article VIII of this chapter, when the application involves any of the
following:
(i) The alteration of a landslide hazard area or its buffer.
(ii) The creation of a new parcel within a known landslide hazard area.
(iii) The construction of a publicly owned facility in a designated seismic hazard area.
(b) Where a geotechnical report is required for a landslide hazard area, the project application
shall not be approved unless the geotechnical report certifies all of the following:
(i) There is minimal landslide hazard as proven by a lack of evidence of landslide activity in
the vicinity in the past;
(ii) An analysis of slope stability indicates that the proposal will not be subject to risk of
landslide, or the proposal or the landslide hazard area can be modified so that hazards are
eliminated;
(iii) The proposal will not increase surface water discharge or sedimentation to adjacent
properties beyond predevelopment conditions;
(iv) The proposal will not decrease slope stability on adjacent properties; and
(v) All newly created building sites will be stable under normal geologic and hydrogeologic
conditions (if applicable).
(c) Where a geotechnical report is required for a seismic hazard area, the project application
shall not be approved unless the geotechnical report demonstrates that the proposed project will
adequately protect the public safety. [Ord. 6-09 § 1 (Exh. B); Ord. 3-08 § 1]
18.22.180 Conditions.
(1) General. In granting approval for a project application subject to the provisions of this article, the
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administrator may require mitigating conditions that will, in the administrator’s judgment, substantially
secure the objectives of this article.
(2) Basis for Conditions. All conditions of approval required pursuant to this section shall be based
upon either the substantive requirements of this section or the recommendations of a qualified
professional, contained within a special report required under this chapter. [Ord. 6-09 § 1 (Exh. B);
Ord. 3-08 § 1]
Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)
18.22.195 Compliance alternatives.
Article VI sets forth the prescriptive requirements. Applicants for development permits or approvals
subject to this article may elect to comply with the critical area stewardship plan (CASP) provisions
set forth in Article IX of this chapter in lieu of the prescriptive requirements set forth herein. [Ord. 3-08
§ 1]
18.22.200 Classification/designation.
(1) Classification. Fish and wildlife habitat conservation areas (FWHCAs) are those areas identified
as being of critical importance to the maintenance of endangered, threatened, or sensitive species of
fish, wildlife and/or plants, or species of local importance. These areas are typically identified either
by known point locations of specific species (such as a nest or den) or by habitat areas or both. All
areas within the county meeting these criteria are hereby designated critical areas and are subject to
the provisions of this article.
(2) Mapping. The approximate location and extent of identified fish and wildlife habitat conservation
areas (FWHCAs) are shown on the county’s critical area maps. These maps are to be used as a
guide and do not provide a definitive critical area determination. The county shall update the maps as
new FWHCAs are identified or new information related to updates to existing maps becomes
available.
(3) Designation. The following are designated as fish and wildlife habitat conservation areas
(FWHCAs):
(a) Areas with which endangered, threatened, and sensitive species listed by the federal or state
government have a primary association.
(i) Federally designated and threatened species are those fish and wildlife species identified
by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in
danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife
Service and the National Marine Fisheries Services should be consulted for current listing
status.
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(ii) State endangered, threatened, and sensitive species are those species native to the
state of Washington identified by the State Department of Fish and Wildlife that are in
danger of extinction, threatened to become endangered, vulnerable, or declining and are
likely to become endangered within the state. The state maintains the list of these species
in WAC 232-12-014 (endangered species) and in WAC 232-12-014 (threatened and
sensitive species). The State Department of Fish and Wildlife should be consulted for
current listing status.
(b) Rivers and streams not otherwise protected under Washington State Forest Practices
regulations (Chapter 76.09 RCW and WAC Title 222) that have FWHCAs are protected
according to stream type.
(c) Lands covered under the Forest Practices Act. Forested areas in Jefferson County provide
protection as FWHCAs under the Forest Practices Act (Chapter 76.09 RCW) and forest
practices regulations (WAC Title 222).
(d) Commercial and recreational shellfish areas, including designated shellfish habitat
conservation areas (note: shellfish aquaculture activities within all public and private tidelands
and bed lands suitable for shellfish harvest are allowed uses; such activities include but are not
limited to bed marking, preparation, planting, cultivation, and harvest).
(e) Kelp and eelgrass beds.
(f) Surf smelt, Pacific herring, and Pacific sand lance spawning areas.
(g) Natural area preserves and natural resource conservation areas.
(h) All areas designated by the Department of Natural Resources (DNR) through the Washington
Natural Heritage Program as high quality wetland ecosystems and high quality terrestrial
ecosystems.
(i) Species and habitats of local importance established pursuant to the process delineated in
JCC 18.22.210. [Ord. 3-08 § 1]
18.22.210 Process and requirements for designating habitats of local importance as critical
areas.
(1) Purpose. This section describes the process for designating species and habitats of local
importance that are not covered by the federal and state sensitive, threatened or endangered species
regulations. Accordingly, this section details the requirements for designating and monitoring species
and habitats of local importance, as well as removing such species and habitats from designation if
necessary.
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(2) Definition. The use of the term “habitat” in this section includes areas designated as “wildlife
corridors.”
(3) Procedure for Designation – Generally. An application/nomination to designate a habitat of local
importance as a critical area shall be processed according to the procedures for Type V land use
decisions established in Chapter 18.40 JCC.
(4) Nominations/Applications. Any person, organization, or Jefferson County agency may nominate
and apply for designation a species or habitat of local importance. A nominating person or
organization must be a resident of, or headquartered in, Jefferson County.
(5) Nomination/Application Submittal.
(a) The applicant shall provide information demonstrating that the species or habitat is native to
Jefferson County, existing on or before the date of adoption of the regulations codified in this
chapter.
(b) All nominations/applications for designation of a species/habitat of local significance shall
include the following:
(i) Identification of the species including its scientific and locally common name(s);
(ii) Identification of the geographic location, including Jefferson County parcel numbers, and
extent of the habitat associated with a nominated species or the nominated habitat itself if
not associated with a nominated species; a map of an appropriate scale to properly describe
the location and extent of the habitat will accompany the nomination, as well as geo-
referencing information sufficient to allow mapping of the habitat site in the county GIS
mapping system;
(iii) The status of the species or the occurrence of the type of habitat in surrounding
counties and in the rest of the state has been considered in making this nomination;
(iv) A management strategy for the species or habitat;
(v) Indications as to whether the proposed management strategy has been peer reviewed,
and if so, how this was done and by whom;
(vi) Where restoration of habitat is proposed, a specific plan, including how the restoration
will be funded, must be provided as part of the nomination;
(vii) Recommendations for allowed, exempt, and regulated activities within the area;
(viii) Recommended buffer and setback requirements and their justification;
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(ix) Seasonal requirements;
(x) A monitoring plan must be practical and achievable and include the following:
(A) Baseline data and a description of what measurements will be used to determine
the success of the project. The plan shall include the criteria and time period required
to evaluate the success of the plan;
(B) A contingency plan for failure;
(C) A list of all parcels not included in the nomination but affected by the monitoring
process;
(xi) The nomination must also include an economic impact, cost and benefits analysis. The
nomination must also include an analysis of alternative solutions to formal designation of the
habitat of local importance as a regulated critical area under this chapter.
(c) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson
County to process the application.
(6) Review and Approval Criteria.
(a) Species nominated for designation under this section must satisfy the following criteria:
(i) Local populations that are in danger of extirpation based on documented trends since the
adoption of the Growth Management Act;
(ii) The species is sensitive to habitat manipulation;
(iii) The species or habitat has commercial, game, or other special value such as locally
rare species;
(iv) The nomination includes an analysis of the proposal using best available science; and
(v) The nomination specifies why protection by other county, state or federal policies, laws,
regulations or nonregulatory tools is inadequate to prevent degradation of the species or
habitat and for which management strategies are practicable, and describes why, without
designation and protection, there is a likelihood that the species will not maintain and
reproduce over the long term, or that a unique habitat will be lost.
(b) Habitats nominated for designation under this section must satisfy the following criteria:
(i) Where a habitat is nominated to protect a species, the use of the habitat by that species
must be documented or be highly likely or the habitat is proposed to be restored with the
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consent of the affected property owner so that it will be suitable for use by the species; and,
long-term persistence of the species in Jefferson County and adjoining counties is
dependent on the protection, maintenance or restoration of the habitat;
(ii) Areas nominated to protect a particular habitat must represent either high quality native
habitat or habitat that has an excellent potential to recover to a high quality condition and
which is either of limited availability or highly vulnerable to alteration;
(iii) The nomination specifies the specific habitat features to be protected (e.g., nest sites,
breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nomination
shall specify those features that are required for the corridor to remain viable to support and
protect the nominated species.
(7) Review and Approval Process.
(a) The department of community development shall determine whether the application submittal
is complete. If deemed complete, the department shall evaluate the proposal for compliance with
the approval criteria set forth in this section and make a recommendation to the planning
commission based on those criteria. The department shall also notify all parcel owners affected
of the terms and contents of the proposal.
(b) Upon receipt of a staff report and recommendation from the department, the planning
commission shall hold a public hearing, and make a recommendation to the board of
commissioners based upon the approval criteria set forth in this section.
(c) The Jefferson County board of commissioners shall consider the recommendation
transmitted by the planning commission at a regularly scheduled public meeting, and may then
adopt an ordinance formally approving the designation. Should the board wish to vary from the
planning commission recommendation and alter or reject the application, such action may only
occur following a separate public hearing conducted by the board.
(d) Upon approval, the ordinance designating and regulating the species or habitat of local
importance shall be codified in this article for public information and implementation by the
department, and a notice to title shall be placed upon all parcels affected by the designation.
(e) Each ordinance creating a species or habitat of local importance shall include periodic review
or reassessment of the initial designation. The length of the periodic review may be dependent
on the characteristics of the species or habitat.
(8) Removal from Designation. Species or habitats of local significance may be removed at any time;
provided, that they no longer meet the criteria set forth in subsection (5) of this section (e.g., as a
result of a natural catastrophe or climatic change event); and provided further, that the procedural
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requirements of this section and the procedural requirements established for Type V land use
decisions set forth within Chapter 18.40 JCC are met. [Ord. 3-08 § 1]
18.22.220 Sources used for identification.
Sources used to identify fish and wildlife habitat conservation areas (FWHCAs) include, but are not
limited to, the following:
(1) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory.
(2) Washington State Department of Natural Resources, Water Type Index Maps.
(3) Washington State Department of Fish and Wildlife, Non-Game and Priority Habitats and Species
databases.
(4) Public and private tidelands or bedlands suitable for shellfish harvest and identified by the
Washington Department of Health’s classification system and shellfish protection districts established
pursuant to Chapter 90.72 RCW.
(5) Kelp and eelgrass beds may be classified and identified with the Department of Natural Resources
Aquatic Lands Program and the Department of Ecology (note: many locations are compiled in the
Puget Sound Environmental Atlas).
(6) Herring and smelt spawning times and locations are outlined in WAC 220-110-240 through 220-
110-250, Hydraulic Code Rules, Technical Report No. 79, and the Puget Sound Environmental Atlas.
[Ord. 3-08 § 1]
18.22.230 Fish and wildlife habitat conservation area (FWHCA) maps.
County maps identifying FWHCAs have been produced for informational purposes only and are not
regulatory devices forming an integral part of this article. [Ord. 3-08 § 1]
18.22.250 Regulated activities.
Any land use or development activity that is subject to a development permit or approval requirements
of this code shall be subject to the provisions of this article. These include, but are not limited to, the
following activities that are directly undertaken or originate in a FWHCA or its buffer, unless otherwise
exempted under JCC 18.22.070:
(1) Stream Crossings. Any private or public road expansion or construction which is proposed and
must cross streams classified within this article shall comply with the following minimum development
standards:
(a) The design of stream crossings shall meet the requirements of the Washington Department
of Fish and Wildlife. Fish passage shall be provided if necessary to address manmade
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obstructions on-site. Other alternatives may be allowed upon a showing that, for the site under
review, the alternatives would be less disruptive to the habitat or that the necessary building
foundations were not feasible. Submittal of a habitat management plan which demonstrates that
the alternatives would not result in significant impacts to the fish and wildlife habitat area
(FWHCA) may be required;
(b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing
site exists. For new development proposals, if existing crossings are determined to adversely
impact salmon spawning or passage areas, new or upgraded crossings shall be located as
determined necessary through coordination with the Washington State Department of Fish and
Wildlife;
(c) Bridge piers or abutments shall not be placed either within the floodway or between the
ordinary, high water marks unless no other reasonable alternative placement exists;
(d) All stream crossings shall be designed based on the 100-year projected flood flows, even in
non-fish bearing Type Np and Ns streams. In addition, crossings for Type S and F streams
should allow for downstream transport of large woody debris;
(e) Crossings shall serve multiple properties whenever possible; and
(f) Where there is no reasonable alternative to providing a culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity.
(2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed
pursuant to the following standards:
(a) Construction of utilities may be permitted in FWHCAs or their buffers only when no
practicable or reasonable alternative location is available and the utility corridor meets the
requirements for installation, replacement of vegetation and maintenance outlined below. Utilities
are encouraged to follow existing or permitted roads where possible.
(b) Construction of sewer lines or on-site sewage systems are not permitted in FWHCAs or their
buffers, except that they may be permitted in a buffer area when the applicant demonstrates it is
necessary to meet state and/or local health code requirements; there are no other practicable
alternatives available; and construction meets the requirements of this article. Joint use of the
sewer utility corridor by other utilities may be allowed.
(c) New utility corridors shall not be allowed in FWHCAs with known locations of federal or state-
listed endangered, threatened or sensitive species, except in those circumstances where an
approved habitat management plan is in place.
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(d) Utility corridor construction and maintenance shall protect the environment of fish and wildlife
habitat areas and their buffers.
(i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12
inches in diameter at breast height (four and one-half feet) measured on the uphill side.
(ii) New utility corridors shall be revegetated with appropriate native vegetation at not less
than preconstruction vegetation densities or greater, immediately upon completion of
construction or as soon thereafter as possible due to seasonal growing constraints. The
utility shall ensure that such vegetation survives for a three-year period.
(e) Utility towers should be painted with brush, pad or roller and should not be sandblasted or
spray-painted, nor shall lead-based paints be used.
(3) Bank Stabilization.
(a) A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring
earth movement threatens existing legal structures (structure is defined for this purpose as
those requiring a building permit pursuant to the building code), public improvements, unique
natural resources, public health, safety or welfare, or the only feasible access to property, and,
in the case of streams, when such stabilization results in maintenance of fish habitat or
improved water quality, as demonstrated through a habitat management plan or equivalent study
or assessment. Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson
County shoreline master program, geologically hazardous areas provision in this chapter, and
the floodplain management ordinance (Chapter 15.15 JCC).
(b) The administrator shall require that bank stabilization be designed by a professional engineer
licensed in the state of Washington with demonstrated expertise in hydraulic actions of
shorelines. For bank stabilization projects within FWHCAs, the applicant must provide a
geotechnical report that demonstrates that bioengineering solutions (vegetation versus hard
surfaces) are infeasible. The report must document the engineering rationale why bioengineering
solutions are infeasible in a manner that can be confirmed through review by other engineering
professionals. Bank stabilization projects may also require a hydraulic project approval from the
Washington Department of Fish and Wildlife that will be determined after consultation with
WDFW.
(4) Gravel Mining. Gravel mining is discouraged within FWHCAs or their buffers, and it shall not be
permitted if it causes unmitigatable significant adverse impacts, but it may be allowed following the
review and approval of a habitat management plan, including a detailed mining and reclamation plan
pursuant to the applicable performance standards in JCC 18.20.240 or as otherwise required in this
code.
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(5) Forest Practices, Class IV General. Timber harvesting with associated development activity
involving land conversions from forest use, or otherwise meeting the DNR definition as a Class IV
General application, shall comply with the provisions of this article, including the maintenance of
buffers, where required.
(6) Road/Street Repair and Construction. Any private or public road or street expansion or
construction which is allowed in a FWHCA or its buffer shall comply with the following minimum
development standards:
(a) No other reasonable or practicable alternative exists and the proposed road or street serves
multiple properties whenever possible;
(b) Public and private roads are encouraged to provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.;
(c) The road or street construction is the minimum necessary, as required by the department of
public works’ guidelines. Minimum necessary provisions may include projected level of service
requirements; and
(d) Construction time limits shall be determined in consultation with the Washington Department
of Fish and Wildlife in order to ensure species and habitat protection.
(7) Outdoor Recreation, Education and Trails. Activities and improvements that do not significantly
affect the function of the FWHCA or regulated buffer (including viewing structures, outdoor scientific
or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs or their buffers.
(a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades,
utility corridors, or other previously disturbed areas;
(b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags and
important wildlife habitat;
(c) Viewing platforms, interpretive centers, benches and access to them, shall be designed and
located to minimize impacts to wildlife, fish, or their habitat and/or critical characteristics of the
affected FWHCA;
(d) Trails, in general, shall be set back from streams so that there will be minimal impact to the
stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when
feasible and trails within FWHCAs are not intended to be used by motorized vehicles.
(8) Chemical Application or Storage. Chemical applications are not permitted within FWHCAs unless
expressly approved as part of a farm plan, forest practices application, or for the control of invasive
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or noxious plant species. In cases where approved chemical applications occur as part of a forest
practices application or farm plan, proper reporting procedures shall be followed. Chemical storage
shall not be permitted within a FWHCA or its buffer. [Ord. 3-08 § 1]
18.22.265 Habitat management plans – When required.
When a development proposal is located on lands which may contain a habitat for a protected species
other than bald eagle nesting territories, or when the applicant proposes to alter, decrease or average
the standard buffer, a habitat management plan (HMP) shall be required, consistent with the
requirements of JCC 18.22.440. [Ord. 3-08 § 1]
18.22.270 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated FWHCA or
its buffer shall adhere to the requirements set forth in this section.
(2) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and
have approved, a drainage and erosion control plan, as specified in this chapter.
(3) Grading. An applicant submitting a project application shall also submit, and have approved, a
grading plan, as specified in this chapter.
(4) Vegetation Retention. The following provisions regarding vegetation retention shall apply:
(a) All trees and understory lying outside of road rights-of-way and utility easements shall be
retained (except for hazard trees) during clearing for roadways and utilities; provided, that
understory damaged during approved clearing operations may be pruned.
(b) Damage to vegetation retained during initial clearing activities shall be minimized by
directional felling of trees to avoid critical areas and vegetation to be retained.
(c) Retained trees, understory and stumps may subsequently be cleared only if such clearing is
necessary to complete the proposal involved in the project application.
(5) Buffers – Standard Requirements. The administrator shall have the authority to require buffers
from the edges of all FWHCAs in accordance with the following:
(a) Buffers Generally.
(i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect
the integrity, functions and values of the resource, consistent with the requirements set
forth in Tables 18.22.270(1) and 18.22.270(2) of this section.
(ii) A building setback line of five feet is required from the edge of any buffer area; however,
nonstructural improvements such as septic drain fields may be located within setback
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nonstructural improvements such as septic drain fields may be located within setback
areas.
(iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation
to enhance views or provide access may be permitted as long as the function and character
of the buffer are not diminished.
(iv) Lighting shall be directed away from the FWHCA.
(b) Prescriptive FWHCA Buffers.
(i) The standard buffer widths required by this article are considered to be the minimum
required to protect the stream functions and values at the time of the proposed activity.
When a buffer lacks adequate vegetation to protect critical area functions, the administrator
may deny a proposal for buffer reduction or buffer averaging.
(ii) The standard buffer shall be measured landward horizontally on both sides of the stream
from the ordinary high water mark (OHWM) as identified in the field. Nevertheless, the
required buffer shall include any adjacent regulated wetland(s), landslide hazard areas
and/or erosion hazard areas and required buffers, but shall not be extended across paved
roads or other lawfully established structures or hardened surfaces. The following standard
buffer width requirements are established; provided, that portions of streams that flow
underground may be exempt from these buffer standards at the administrator’s discretion
when it can be demonstrated that no adverse effects on aquatic species will occur.
Table 18.22.270(1): Stream Buffers*
Stream Type Buffer
Requirement
Type “S” – Shoreline
Streams
150 feet
Type “F” – Fish
Bearing Streams
150 feet
Type “Np”– Non-
Fish Bearing
Perennial Streams
75 feet
Type “Ns” – Non-
Fish Bearing
Seasonal Streams
greater than or equal
to 20% grade
75 feet
Type “Ns” – Non-50 feet
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Fish Bearing
Seasonal Streams
less than 20% grade
*Note:
(a) The buffers set forth above shall
apply to culverted streams; though in
limited circumstances, a variance may
be made in the application of stream
buffers under Article IX of Chapter
18.40 JCC.
(b) Stream type shall be determined
using the criteria set forth in WAC 222-
16-030.
(iii) Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths
for other FWHCAs based on the best available information. Buffer widths for nonstream
habitat conservation areas shall be as follows:
Table 18.22.270(2): Buffers for Other FWHCAs
FWHCA Type Buffer Requirement
Areas with Which Federally Listed
Species Have a Primary Association
Buffers shall be 150 feet; provided, that local
and site specific factors shall be taken into
consideration and the buffer width based on the
best available information concerning the
species/habitat(s) in question and/or the
opinions and recommendations of a qualified
professional with appropriate expertise.
Commercial and Recreational
Shellfish Areas
Buffers shall extend 150 feet landward from
ordinary high water mark of the marine shore.
Kelp and Eelgrass Beds Buffers shall extend 150 feet landward from
ordinary high water mark of the marine shore.
Surf Smelt, Pacific Herring, and
Pacific Sand Lance Spawning Areas
Buffers shall extend 150 feet landward from
ordinary high water mark of the marine shore.
Natural Ponds and Lakes Ponds under 20 acres – buffers shall extend 50
feet from the ordinary high water mark;
Lakes 20 acres and larger – buffers shall
extend 100 feet from the ordinary high water
mark; provided, that where vegetated wetlands
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are associated with the shoreline, the buffer
shall be based on the wetland buffer
requirements.
Natural Area Preserves and Natural
Resource Conservation Areas
Buffers shall not be required adjacent to these
areas. These areas are assumed to encompass
the land required for species preservation.
Locally Important Habitat Areas The buffer for marine nearshore habitats shall
extend landward 150 feet from the ordinary high
water mark.
The need for and dimensions of buffers for
other locally important species or habitats shall
be determined on a case-by-case basis,
according to the needs of the specific species
or habitat area of concern. Buffers shall not be
required adjacent to the wildlife corridor. The
administrator shall coordinate with the
Washington Department of Fish and Wildlife
and other state, federal or tribal experts in
these instances, and may use WDFW PHS
management recommendations when available
and applicable.
(6) The administrator shall have the authority to reduce buffer widths on a case-by-case basis;
provided, that the specific standards for avoidance and minimization set forth in JCC 18.22.350(1)
shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the
following criteria are met:
(a) The buffer reduction shall not adversely affect the habitat functions and values of the
adjacent FWHCA or other critical area.
(b) The buffer shall not be reduced to less than 75 percent of the standard buffer.
(c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not
exceed 30 percent.
(7) The administrator shall have the authority to average buffer widths on a case-by case basis;
provided, that the specific standards for avoidance and minimization set forth in JCC 18.22.350(1)
shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all the
following criteria are met:
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(a) The total area contained in the buffer area after averaging is no less than that which would be
contained within the standard buffer and all increases in buffer dimension are parallel to the
FWHCA.
(b) The buffer averaging does not reduce the functions or values of the FWHCA or riparian
habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the
habitat function.
(c) The buffer averaging is necessary due to site constraints caused by existing physical
characteristics such as slope, soils, or vegetation.
(d) The buffer width is not reduced to less than 75 percent of the standard width.
(e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not
exceed 30 percent.
(f) Buffer averaging shall not be allowed if FWHCA buffers are reduced pursuant to subsection
(6) of this section.
(8) Buffer Marking. The location of the outer extent of required buffers shall be marked in the field as
follows:
(a) During Construction. Buffer perimeters shall be marked with temporary signs at an interval of
one per parcel or every 100 feet, whichever is less. Signs shall remain in place prior to and
during approved construction activities. The signs shall contain the following statement: “Buffer –
Do Not Remove or Alter Existing Native Vegetation.”
(9) In the case of short plat, long plat, binding site plan, and site plan approvals under this code, the
applicant shall include on the face of any such instrument the boundary of the FWHCA.
(10) The applicant may also choose to dedicate the buffer through a conservation easement or deed
restriction that shall be recorded with the Jefferson County auditor. Such easements or restrictions
shall, however, use the forms approved by the prosecuting attorney. [Ord. 3-08 § 1]
18.22.280 Conditions.
(1) General. In granting approval for a project application subject to the provisions of this article, the
administrator may require mitigating conditions that will, in the administrator’s judgment, substantially
secure the objectives of this article.
(2) Basis for Conditions. All conditions of approval required pursuant to this article shall be based
upon either the substantive requirements of this article or the recommendations of a qualified
professional utilizing best available science, contained within a special report required under this
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chapter. [Ord. 3-08 § 1]
Article VII. Wetlands
18.22.290 Stewardship alternative.
Article VII sets forth the prescriptive requirements for wetlands. Applicants for development permits
or approvals subject to this article may elect to comply with the critical area stewardship plan (CASP)
provisions set forth in Article IX of this chapter in lieu of the prescriptive requirements set forth herein.
CASP may be applied within Category II, III, and IV wetlands and buffers, and within buffers in
Category I. They cannot be used in Category I wetlands. [Ord. 3-08 § 1]
18.22.300 Classification/designation.
(1) Classification. Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No. 04-06-025), or as
amended. Wetland rating categories shall not be determined based upon illegal modification of the
land. Wetland delineations shall be determined by using the Washington State Wetlands Identification
and Delineation Manual, March 1997, or as amended hereafter.
(2) Designation. As determined using the 1997 Washington State Department of Ecology’s
Washington State Wetlands Identification and Delineation Manual (Ecology Publication No. 96-94 or
as amended), wetlands shall be designated as critical areas and regulated under this article
regardless of size; provided, that Category IV wetlands less than one-tenth acre (4,356 square feet)
shall be exempt from the requirements of this article when all of the following criteria are met:
(a) The wetland does not provide breeding habitat for native amphibian species. Breeding habitat
is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent
vegetation, and clean water;
(b) The wetland does not have unique characteristics that would be difficult to replace through
standard compensatory mitigation practices;
(c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) as
defined in the section of this chapter dealing with FWHCAs, and is not integral to the
maintenance of habitat functions of an FWHCA;
(d) The wetland is not located within a floodplain;
(e) The wetland is not associated with a shoreline of the state as defined by the county’s
shoreline master program;
(f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the
guidance provided in the wetland rating system.
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(3) Sources Used for Identification. The following sources should be used to identify potential wetland
locations. Sources include, but are not limited to:
(a) United States Department of the Interior, Fish and Wildlife Service, National Wetlands
Inventory.
(b) United States Department of Agriculture, Soil Conservation Service, Soil Survey of Jefferson
County Areas, Washington.
(c) United States Department of Agriculture, Natural Resources Conservation Service, Hydric
Soils List, Jefferson County Area.
(d) County critical areas mapping. The wetland maps prepared by the county have been
produced for informational purposes only and are not regulatory devices forming an integral part
of this article. [Ord. 3-08 § 1]
18.22.310 Regulated activities.
Any land use or development activity shall be subject to the provisions of this Article VII, including,
but not limited to, the following activities that are directly undertaken or originate in a regulated
wetland or its buffer, unless exempted under JCC 18.22.070:
(1) The removal, excavation, grading, or dredging of material of any kind, including the construction of
ponds and trails;
(2) The dumping or discharging of any material, or placement of any fill;
(3) The draining, flooding, or disturbing of the wetland water level or water table;
(4) The driving of pilings;
(5) The placing of obstructions;
(6) The construction, reconstruction, demolition, or expansion of any structure;
(7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading,
intentional burning, application of herbicides or pesticides, or planting of vegetation that would alter
the character of a regulated wetland; provided, that these activities are not part of a forest practice
governed under Chapter 76.09 RCW (Forest Practices Act) and its rules;
(8) Activities that result in:
(a) A significant change of water temperature;
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(b) A significant change of physical or chemical characteristics of wetlands water sources,
including quantity; or
(c) The introduction of pollutants; or
(9) Wetland Buffers. In addition to those activities allowed in regulated wetlands in this article, the
following activities are allowed within wetland buffers without having to meet the protection standards
or requirements for wetland studies or mitigation, set forth in this article; provided, that impacts to
buffers are minimized and that disturbed areas are immediately restored except as specifically
allowed in JCC 18.22.070.
(a) Activities having minimal adverse impacts on buffers and no adverse impacts on regulated
wetlands. These include low intensity, passive recreational activities, such as pervious trails,
nonpermanent wildlife watching blinds, scientific or educational activities, and sports fishing or
hunting. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not
include any impervious surfaces.
(b) Within the buffers of Category III and IV wetlands only, vegetation-lined swales designed for
stormwater management or conveyance when topographic restraints determine there are no
other upland alternative locations. Swales used for detention purposes may only be placed in the
outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if
necessary. [Ord. 3-08 § 1]
18.22.330 Protection standards.
(1) General. Application for a project on a parcel of real property containing a designated wetland or
its buffer shall adhere to the requirements set forth below.
(2) Delineation. An applicant submitting a project application shall also submit, and have approved, a
wetland delineation report as specified in JCC 18.22.450. Additionally, the following provisions shall
apply:
(a) The location of the wetland and its boundary shall be determined through the performance of
a field investigation utilizing the methodology contained in the Washington State Wetlands
Identification and Delineation Manual, March 1997, or as amended hereafter.
(b) If the wetland is located off of the property involved in the project application and is
inaccessible, the best available information shall be used to determine the wetland boundary and
category.
(c) The wetland boundary shall be staked or flagged in the field.
(d) This requirement may be waived under the following circumstances:
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(i) Single-Family Residences. The requirement for a wetland delineation and special report
may be waived by the administrator for construction of a single-family residence on an
existing lot of record if DCD staff or a qualified wetland evaluator determines that:
(A) Sufficient information exists for staff to estimate the boundaries of a wetland
without a delineation; and
(B) The single-family residence and all accessory structures and uses are not
proposed to be located within the distances identified in Table 18.22.330(1) from the
estimated wetland boundary.
“Qualified wetland evaluator” means an individual recognized and acceptable to the
administrator in using the most current edition of the Department of Ecology’s Washington
State Wetland Rating System for Western Washington (2004), Ecology Publication No. 04-
06-025, or as amended, in categorizing and rating wetlands.
(ii) Subdivisions and Short Subdivisions. The requirement for a wetland delineation and
special report will be waived for subdivisions and short subdivisions of an existing lot of
record if a site assessment made by a qualified wetland evaluator indicates the following:
(A) Sufficient information exists to estimate the boundaries of a wetland without a
delineation; and
(B) Building envelopes or building setback lines are not proposed to be located within
the distances identified in Tables 18.22.330(1), (2) and (3) from the estimated wetland
boundary.
(3) Wetland Buffer Requirements. Wetland buffer widths shall be prescribed and established based
upon the category of the wetland, the wetland rating scores and the impact level of the proposed land
use. The resulting buffers are shown in Tables 18.22.330(1), (2), and (3) (for low, moderate and high
impact land uses).
(a) The category and rating scores of a wetland shall be determined by a qualified wetland
evaluator who must be recognized and acceptable to the administrator and use the most current
edition of the Department of Ecology’s “Wetlands in Washington State Volume 2: Guidance for
Protecting and Managing Wetlands” (DOE Publication No. 05-06-0008) in categorizing and rating
wetlands.
(b) There are three land use impact level types. Each type is presented with the table containing
the buffer widths that would be prescribed for its associated wetland category.
(c) Proposals for development will have three options for deciding what their buffer distance will
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be. A buffer distance is the closest distance the proposed development can be to the wetland
boundary.
(i) The stewardship plan option, as detailed in Article IX of this chapter.
(ii) The Professionally Delineated Boundary Option. A prescriptive buffer distance based on
an actual delineation of the wetland boundary as determined by a qualified wetland evaluator
(cost is the responsibility of proponent). This buffer distance will be measured outward from
the delineated wetland boundary. Refer to the column in the tables with the word
“delineation” in the heading.
(iii) The Apparent Boundary Option. A prescriptive buffer distance based on the apparent
location of the wetland boundary as proposed by the county’s wetland specialist. In these
cases the buffer will be the total distance calculated using the buffer distance as shown in
the “delineation” column of the tables plus an additional 20 to 50 feet, depending upon
wetland category (shown in the “nondelineation” column of the table). This calculated buffer
distance will be measured outward from the apparent wetland boundary.
(4) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and
have approved, a drainage and erosion control plan as specified in this chapter. The plan shall
discuss, evaluate and recommend methods to minimize sedimentation of designated wetlands during
and after construction.
(5) Buffer Marking. Upon approval of the delineation report, the location of the outer extent of the
wetland buffer shall be marked in the field as follows:
(a) A permanent physical indicator along the upland boundary of the wetland buffer area shall be
installed and permanently maintained.
(b) During construction activities, buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or every 100 feet, whichever is less. Signs shall remain in place prior
to and during approved construction activities. The signs shall contain the following statement:
“Wetland & Buffer – Do Not Remove or Alter Existing Native Vegetation.”
(c) In the case of short plat, long plat, binding site plan, and site plan approvals under this code,
the applicant shall include on the face of any such instrument the boundary of the wetland and its
buffer.
(d) The applicant may also choose to dedicate the buffer through a conservation easement or
deed restriction that shall be recorded with the Jefferson County auditor. Such easements or
restrictions shall, however, use the forms approved by the prosecuting attorney.
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(6) Buffers – Standard Requirements.
(a) The administrator shall have the authority to require buffers from the boundaries of all
wetlands as established by this article, and in accordance with the following criteria.
(i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the
wetland boundary as marked in the field during delineation if required, or based upon site
investigation, aerial photographs, or LiDAR images.
(ii) Functionally isolated buffer areas are those areas separated from a wetland that do not
protect the wetland from adverse impacts. Buffers need not include areas that are
functionally isolated and physically disconnected from the wetland by a substantial
developed surface such as a dike, building, parking lot, or road. In determining whether or
not a buffer area is functionally isolated, the administrator shall take into consideration
whether or not the isolated buffer area is used by wildlife to gain access to the wetland. In
instances where substantial wildlife use is documented, the area shall be retained as buffer
despite being otherwise isolated or disconnected from the wetland.
(iii) When a buffer is on a slope steeper than 40 percent, and/or lacks adequately dense and
diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer
averaging.
(b) The prescribed buffer widths shall be established on the basis of the following factors:
(i) The wetland’s value and sensitivity to disturbance, based on its category (I, II, III, IV) as
determined by the total score on the rating form for the wetland rating system;
(ii) The expected level of impact of the proposed adjacent land use, as determined from
Tables 18.22.330(1), (2), and (3). The administrator may determine, on the basis of detailed
information from the applicant about the site conditions, scope, and intensity of the
proposed development, that the proposed land use will have a lesser level of impact on the
wetland than indicated by similar land uses on the list.
Table 18.22.330(1)
WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS
FOR LOW IMPACT LAND USES
Low impact land uses shall include the following:
• Private driveways serving no more than two residential parcels;
• Unpaved trails (when not exempted by JCC 18.22.070);
• Utility corridors (private or public) without a maintenance road;
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• Landscaping, lawns, gravel driveways, etc.
Wetland Category
Wetland Characteristics
• Habitat (H)
• Water Quality (WQ)
Buffer Width with
an Identified
Wetland
Boundary
(Delineated)
+ An Additional
Distance from
an Apparent
Wetland
Boundary (Not
Delineated)
IV
(Total of scores for
all functions is less
than 15 points)
[Total of scores less than
15 points]
25 feet +20 feet
III
(Total of scores for
all functions is 16 –
19 points)
[With H score 5 – 7
points]
[Not meeting above
characteristic]
75 feet
40 feet
+30 feet
II
(Total of scores for
all functions is 20 –
22 points
or having “special
characteristics”
identified
in the rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Estuarine]
[Interdunal]
[Not meeting above
characteristics]
50 feet
150 feet
75 feet
75 feet
75 feet
50 feet
+40 feet
I
(Total of scores for
all functions is more
than 23 points or
having “special
characteristics”
identified
in the rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High
Conservation Value]
[Bog]
[Forested]
[Not meeting above
50 feet
150 feet
75 feet
100 feet
100 feet
125 feet
125 feet
Buffer width based
on score for H
functions or WQ
functions
50 feet
+50 feet
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characteristics]
Note: Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No.
04-06-025), the 2014 Washington State Department of Ecology’s Update (Publication
No. 14-06-019), or as amended.
Table 18.22.330(2)
WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS
FOR MODERATE IMPACT LAND USES
Moderate impact land uses shall include the following:
• Single-family residential use on parcels of one acre or larger;
• Private roads or driveways serving three or more residential parcels;
• Paved trails;
• Passive recreation areas;
• Utility corridors (private or public) with a maintenance road;
• Class IV-General forest conversions, including conversion option harvest plans.
Wetland Category
Wetland
Characteristics:
• Habitat (H)
• Water Quality (WQ)
Buffer Width
with an
Identified
Wetland
Boundary
(Delineated)
+ An Additional
Distance from an
Apparent Wetland
Boundary
(Not Delineated)
IV
(Total of scores for
all functions is less
than 15 points)
[Total of scores less than
15 points]
40 feet +20 feet
III
(Total of scores for
all functions is 16 –
19 points)
[With H score 5 – 7
points]
[Not meeting above
characteristic]
110 feet
60 feet
+30 feet
II
(Total of scores for
all functions is 20 –
22 points or having
“special
characteristics”
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Estuarine]
75 feet
225 feet
110 feet
110 feet
110 feet
+40 feet
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identified in the
rating form)
[Interdunal]
[Not meeting above
characteristics]
75 feet
I
(Total of scores for
all functions is
more than 23
points or having
“special
characteristics”
identified in the
rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High
Conservation Value]
[Bog]
[Forested]
[Not meeting above
characteristics]
75 feet
225 feet
110 feet
150 feet
150 feet
190 feet
190 feet
Buffer width
based on score
for H functions or
WQ functions
75 feet
+50 feet
Note: Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No.
04-06-025), the 2014 Washington State Department of Ecology’s Update (Publication
No. 14-06-019), or as amended.
Table 18.22.330(3)
WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS
FOR HIGH IMPACT LAND USES
High impact land uses shall include the following:
• Single-family residential use on parcels smaller than one acre;
• Commercial, multifamily, industrial and institutional uses;
• Public roads.
Wetland Category
Wetland Characteristic:
• Habitat (H)
• Water Quality (WQ)
Buffer Width
with an Identified
Wetland
Boundary
(Delineated)
+ An Additional
Distance from an
Apparent Wetland
Boundary
(Not Delineated)
IV [Total of scores less than 50 feet +20 feet
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(Total of scores for
all functions is less
than 15 points)
15 points]
III
(Total of scores for
all functions is 16 –
19 points)
[With H score 5 – 7
points]
[Not meeting above
characteristic]
150 feet
80 feet
+30 feet
II
(Total of scores for
all functions is 20 –
22 points or having
“special
characteristics”
identified in the
rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Estuarine]
[Interdunal]
[Not meeting above
characteristics]
100 feet
300 feet
150 feet
150 feet
150 feet
100 feet
+40 feet
I
(Total of scores for
all functions is
more than 23 points
or having “special
characteristics”
identified in the
rating form)
[WQ score 8 – 9 points
and H score less than 5
points]
[H score 8 – 9 points]
[H score 5 – 7 points]
[Coastal Lagoon]
[Estuarine]
[Wetlands with High
Conservation Value]
[Bog]
[Forested]
[Not meeting above
characteristics]
100 feet
300 feet
150 feet
200 feet
200 feet
250 feet
250 feet
Buffer width based
on score for H
functions or WQ
functions
100 feet
+50 feet
Note: Wetlands shall be classified using the 2004 Washington State Department of
Ecology’s Wetland Rating System for Western Washington (Ecology Publication No.
04-06-025), the 2014 Washington State Department of Ecology’s Update (Publication
No. 14-06-019, or as amended.
(7) Reducing Buffer Widths. Upon submission of a special report by a qualified professional that
demonstrates a buffer reduction does not have any adverse impact on the existing functions and
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values of the wetland, the administrator shall have the authority to reduce the prescribed buffer
widths, (within a defined area), listed in the section above; provided, that all of the following shall
apply:
(a) The buffer of a Category I or II wetland is not reduced to less than 75 percent of the required
buffer or 50 feet, whichever is greater;
(b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the
required buffer, or 25 feet, whichever is greater;
(c) The applicant implements reasonable measures to reduce the adverse impacts of structures
and appurtenances on the subject parcel as determined by the administrator;
(d) Buffer area reduction shall be minimized to accommodate only those structures and
appurtenances as approved by the administrator.
(8) Averaging Buffer Widths. Upon submission of a special report by a qualified professional that
demonstrates a buffer reduction does not have any adverse impact on the existing functions and
values of the wetland, the administrator shall have the authority to average wetland buffer widths on a
case-by-case basis; provided, that all of the following shall apply:
(a) The buffer averaging does not have any adverse impact on the functions and values of the
wetland;
(b) The total area contained within the buffer after averaging is no less than that which would be
contained within the prescribed buffer, and the buffer boundary remains more or less parallel to
the wetland boundary in order to avoid the creation of panhandles;
(c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions,
and the buffer boundary takes into account variations in slope, soils, or vegetation to optimize
the overall effectiveness of the buffer;
(d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width;
(e) The buffer has not been reduced in accordance with subsection (5) of this section. Buffer
averaging is not allowed if the width of the entire buffer has been reduced already. [Amended
pursuant to Ecology’s 2014 update to the 2004 Wetlands Rating System; Ord. 3-08 § 1]
18.22.340 Noncompensatory enhancement.
Noncompensatory enhancement projects are those which are conducted solely to increase the
functions and values of an existing wetland and which are not required to be conducted pursuant to
the mitigation requirements of JCC 18.22.330. There are two types of noncompensatory
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enhancement:
(1) Type 1 Noncompensatory Enhancement. Type 1 noncompensatory enhancement projects involve
the filling, draining, or excavating of a regulated wetland. All applications for Type 1 noncompensatory
enhancement projects shall be accompanied by an enhancement plan prepared in accordance with
subsections (1)(a) and (1)(b) of this section, which demonstrates that the proposed activities will
result in an increase in wetland functions and values.
(a) The enhancement plan must be submitted for review, and approved by the administrator.
(b) The enhancement plan must either be prepared by a qualified wetlands consultant or
accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish
and Wildlife, or the Washington Department of Ecology.
(2) Type 2 Noncompensatory Enhancement. Type 2 noncompensatory enhancement projects involve
wetland alterations that do not include the filling, draining, or excavating of a regulated wetland. Such
projects might involve the removal of nonnative plant species or the planting of native plant species.
All applications for Type 2 noncompensatory enhancement projects shall be accompanied by an
enhancement plan prepared in accordance with subsections (2)(a) through (2)(c) of this section,
which demonstrates that the proposed activities will result in an increase in wetland functions and
values.
(a) The enhancement plan shall be submitted for review, and approved, by the administrator.
(b) The enhancement plan must include a detailed description of the activity including the
following information:
(i) The goal of the enhancement project;
(ii) What plants, if any, will be removed or planted;
(iii) How the activity will be conducted, including the type(s) of tools or machinery to be
used; and
(iv) The qualifications of the individual who will be conducting the enhancement activity.
(c) The enhancement plan must either be prepared by a qualified wetlands consultant or
accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish
and Wildlife, or the Washington Department of Ecology. [Ord. 3-08 § 1]
18.22.350 Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and acreage.
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(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse
impacts to regulated wetlands or their buffers. When a proposed use or development activity poses
potentially significant adverse impacts to a regulated wetland or its buffer, the preferred sequence of
mitigation as defined below shall be followed unless the applicant demonstrates that an overriding
public benefit would warrant an exception to this preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of actions on that
portion of the site which contains the regulated wetland or its buffer;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action; or
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
(2) Compensatory Mitigation – General Requirements. As a condition of any permit or other approval
allowing alteration which results in the loss or degradation of regulated wetlands, or as an
enforcement action pursuant to Chapter 18.50 JCC, compensatory mitigation shall be required to
offset impacts resulting from the actions of the applicant or any code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter
regulated wetlands shall restore or create areas of wetland equivalent to or larger than those
altered in order to compensate for wetland losses. The following table specifies the ratios that
apply to creation or restoration that is in-kind, on-site, and is accomplished prior to or
concurrently with alteration:
Table 18.22.350
Required Replacement Ratios for Compensatory Wetland Mitigation
Category
and Type
of
Wetland
Impacts
Re-
establishment
or Creation
Rehabilitation
Only1
Re-
establishment
or Creation
(R/C) and
Rehabilitation
(RH)1
Re-
establishment
or Creation
(R/C) and
Enhancement
(E)1
Enhancement
Only1
All
Category
1.5:1 3:1 1:1 R/C and
1:1 RH
1:1 R/C and
2:1 E
6:1
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IV
All
Category
III
2:1 4:1 1:1 R/C and
2:1 RH
1:1 R/C and
4:1 E
8:1
Category
II
Estuarine
Case-by-case 4:1
Rehabilitation
of an estuarine
wetland
Case-by-case Case-by-case Case-by-case
Category
II
Interdunal
2:1
Compensation
has to be
interdunal
wetland
4:1
Compensation
has to be
interdunal
wetland
1:1 R/C and
2:1 RH
Compensation
has
to be
interdunal
wetland
Not
considered an
option2
Not
considered an
option2
All Other
Category
II
3:1 6:1 1:1 R/C and
4:1 RH
1:1 R/C and
8:1 E
12:1
Category
I
Forested
6:1 12:1 1:1 R/C and
10:1 RH
1:1 R/C and
20:1 E
24:1
Category
I
Based on
Score for
Functions
4:1 8:1 1:1 R/C and
6:1 RH
1:1 R/C and
12:1 E
16:1
Category
I Natural
Heritage
Site
Not
considered
possible3
6:1
Rehabilitation
of a Natural
Heritage site
R/C not
considered
possible3
R/C not
considered
possible3
Case-by-case
Category
I Coastal
Lagoon
Not
considered
possible3
6:1
Rehabilitation
of a coastal
lagoon
R/C not
considered
possible3
R/C not
considered
possible3
Case-by-case
Category
I
Bog
Not
considered
6:1
Rehabilitation
of a bog
R/C not
considered
R/C not
considered
Case-by-case
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Bog possible3 of a bog possible3 possible3
Category
I
Estuarine
Case-by-case 6:1
Rehabilitation
of an estuarine
wetland
Case-by-case Case-by-case Case-by-case
1 These ratios are based on the assumption that the rehabilitation or enhancement
actions implemented represent the average degree of improvement possible for the
site. Proposals to implement more effective rehabilitation or enhancement actions may
result in a lower ratio, while less effective actions may result in higher ratio. The
distinction between rehabilitation and enhancement is not clear-cut. Instead,
rehabilitation and enhancement actions span a continuum. Proposals that fall within the
gray area between rehabilitation and enhancement will result in a ratio that lies
between the ratios for rehabilitation and the ratios for enhancement.
2 Due to the dynamic nature of interdunal systems, enhancement is not considered an
ecologically appropriate action.
3 Natural heritage sites, coastal lagoons, and bogs are considered irreplaceable
wetlands because they perform some functions that cannot be replaced through
compensatory mitigation. Impacts to such wetlands would therefore result in a net loss
of some functions no matter what kind of compensation is proposed.
(b) Compensation must be completed prior to wetland destruction, where possible.
(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to
this article, with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and managed
to avoid further development or degradation. The applicant or code violator must provide for
long-term preservation of the compensation area.
(e) The applicant shall demonstrate sufficient scientific expertise, supervisory capability, and
financial resources, including bonding, to carry out the project. The applicant must demonstrate
the capability for monitoring the site and making corrections if the project fails to meet projected
goals.
(f) Compensatory mitigation must monitor the impact and take appropriate corrective measures.
(3) Compensatory Mitigation – Type, Location, and Timing.
(a) Priority will be given to in-kind, on-site compensation if feasible and if the wetland to be lost
has a moderate to high functional value.
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(b) When the wetland to be impacted is of a limited functional value and is degraded,
compensation may be of the wetland community type most likely to succeed with the highest
functional value possible.
(c) Out-of-kind compensation may be allowed when out-of-kind replacement will best meet
identified goals (for example, replacement of historically diminished wetland types). Where out-
of-kind replacement is accepted, greater acreage replacement ratios may be required to
compensate for lost functional values.
(d) Off-site compensation can be allowed only if:
(i) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(ii) On-site compensation is not practical due to probable adverse impacts from surrounding
land uses;
(iii) Potential functional values at the site of the proposed restoration are significantly
greater than the lost wetland functional values; or
(iv) Off-site compensation will be conducted in accordance with subsection (4) of this
section (Cooperative Compensation Projects).
(e) Except in the case of cooperative compensation projects, off-site compensation must occur
within the same watershed where the wetland loss occurs; provided, that Category IV wetlands
may be replaced outside of the watershed if there is no reasonable technical alternative. The
stormwater storage function provided by Category IV wetlands must be provided for within the
design of the development project.
(f) Except in the case of cooperative compensation projects, in selecting compensation sites
applicants must pursue locations in the following order of preference:
(i) Filled, drained, or cleared sites which were formerly wetlands and where appropriate
hydrology exists; and
(ii) Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not
contain a mature forested or shrub community of native species, and where the appropriate
natural hydrology exists.
(g) Construction of compensation projects must be timed to reduce impacts to existing wildlife
and flora. Construction must be timed to assure that grading and soil movement occurs during
the dry season. Planting of vegetation must be specifically timed to the needs of the target
species.
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(h) A mitigation plan shall include a monitoring plan. The duration, frequency and methods of
monitoring depend on a project’s goals, objectives, and performance standards. In general,
monitoring is required for at least five years. If a scrub-shrub or forested vegetative community
is proposed, monitoring may be required for 10 years or more. Monitoring may be extended if
interim performance standards are not met.
(4) Cooperative Compensation Projects. The county may encourage, facilitate, and approve
cooperative projects where one or more applicants, or an organization with demonstrated capability,
may undertake a compensation project if it is demonstrated that:
(a) Creation of one or several larger wetlands may be preferable to many small wetlands;
(b) The group demonstrates the organizational and fiscal capability to act cooperatively;
(c) The group demonstrates that long-term management of the compensation area can and will
be provided; and
(d) There is a clear potential for success of the proposed compensation at the identified
compensation site. Conducting compensation as part of a cooperative process does not reduce
or eliminate the required replacement ratios outlined in this article. [Ord. 3-08 § 1]
Article VIII. Special Reports
18.22.360 General requirements.
(1) The administrator may require a special report or reports when critical areas are impacted.
(2) Special reports for critical areas shall include a scale map of the development proposal site and a
written report.
(3) The special report shall identify and characterize any critical area as a part of the larger
development proposal site, assess impacts of the development proposal on any critical area on or
adjacent to the development proposal site, and assess the impacts of any alteration proposed for a
critical area.
(4) The special report shall propose adequate protection mechanisms that may include mitigation,
maintenance and monitoring plans, and performance surety.
(5) Special reports shall include documentation certifying the qualifications of the preparer. [Ord. 3-08
§ 1]
18.22.370 Waivers.
The administrator may waive the requirement for a special report when an applicant demonstrates all
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of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes
and objectives of this code.
(2) The minimum protection standards required by this chapter are satisfied. [Ord. 3-08 § 1]
18.22.380 Retaining consultants.
Jefferson County may retain consultants to assist in the review of special reports outside the range of
staff expertise. The applicant shall pay for the costs of retaining said consultants. [Ord. 3-08 § 1]
18.22.390 Acceptance of special reports.
(1) The administrator shall verify the accuracy and sufficiency of all special reports within 42 calendar
days of their submission.
(2) If the administrator finds that a special report does not accurately reflect site conditions, or does
not incorporate appropriate protections mechanisms, the administrator shall cite evidence (e.g., soil
samples, well log data, etc.) that demonstrates where the special report is insufficient or in error. The
applicant may then either revise the special report and submit another special report, or appeal the
administrative determination pursuant to this code. [Ord. 3-08 § 1]
18.22.400 Aquifer recharge area report.
(1) General. Aquifer recharge area reports serve as the primary means for Jefferson County to verify
the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection
measures to be applied to prevent significant adverse groundwater quality impacts.
(2) Aquifer Recharge Area Report Content. An initial evaluation shall be made by a qualified
groundwater scientist/engineer. The aquifer recharge area report shall include:
(a) A detailed description of the project, including all processes and other activities that have the
potential for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and
existing groundwater quality;
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(v) The location and characteristics of wells and springs within 1,000 feet of the site;
(vi) An evaluation of existing groundwater recharge; and
(vii) A discussion and evaluation of the potential impact of the proposal upon groundwater
recharge;
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an
accidental spill or release of project-specific contaminants or on-site sewage discharge, or both
if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment
equipment, employee spill response training, and emergency service coordination measures;
(e) Proposed best management practices to minimize exposure of permeable surfaces to
potential pollutants and to prevent degradation of groundwater quality; and
(f) Requirements for a monitoring program with financial guarantees/assurances that the
monitoring program will be implemented.
(3) Professional Qualifications. The minimum qualifications for groundwater scientists and engineers
performing groundwater and contaminant transport evaluations and preparing aquifer recharge area
reports shall be established pursuant to acceptable industry standards for training and experience and
as established by the state of Washington in the Washington Administrative Code or by statute.
(4) County Review. Reports shall be forwarded to the Jefferson County environmental health division
for technical review. The environmental health division shall review the reports within 30 days of
receipt to determine their adequacy. The county may request additional information in order to
determine the adequacy of the reports. The administrator shall determine appropriate conditions as
identified in the report to mitigate proposed land uses. The administrator shall be authorized to collect
fees necessary to recover costs associated with processing and review of aquifer recharge area
reports, implementation of the protection standards contained in this chapter, and administration of the
general provisions of the critical aquifer recharge area provisions of this code. Such fees will be
incorporated into the Jefferson County fee schedule. [Ord. 3-08 § 1]
18.22.410 Drainage and erosion control plan.
(1) General. This plan shall address best management practices that are physical, structural or
managerial practices that, when used singly or in combination, prevent or reduce pollution of water.
(2) Qualifications of the Preparer. Drainage and erosion control plans shall be prepared by a licensed
professional engineer, except for small parcel erosion control plans.
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(3) Information Requirements. The design standards and information requirements for submission of
drainage and erosion control plans shall be established in accordance with the Department of
Ecology’s Stormwater Management Manual currently adopted by Jefferson County. [Ord. 3-08 § 1]
18.22.420 Geotechnical report.
(1) General. This report shall include a description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposal, and opinions and
recommendations on the suitability of the site to be developed.
(2) Qualifications of the Preparer. Geotechnical reports shall be prepared by a licensed geotechnical
engineer, a professional geologist, or a licensed professional engineer knowledgeable in regional
geologic conditions with professional experience in landslide, erosion, or seismic hazard evaluation.
(3) Information Requirements.
(a) A description of the geologic setting of the region, based upon readily available data,
including:
(i) Site location and topography;
(ii) Soils and geologic units underlying the site;
(iii) The location and characteristics of springs within 1,000 feet of the site; and
(iv) Level of hazard in CMZ.
(b) An evaluation of the potential impact of the proposal upon existing geological hazards.
(c) A discussion and evaluation of the potential impact of the proposal upon existing geological
hazards.
(d) Recommendations on appropriate protection mechanisms, if necessary, to minimize the risk
of erosion or landslide. [Ord. 3-08 § 1]
18.22.430 Grading plan.
(1) General. This plan shall identify the proposed development project including the movement of
material on-site, along with the proposed and existing contours of the site, and cross-sections thereof.
(2) Qualifications of the Preparer. Grading plans shall be prepared by a licensed professional engineer
or an individual with at least three years experience in the preparation of grading plans who is
knowledgeable of soil conditions and geology in Jefferson County.
(3) Information Requirements.
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(a) A description of the general vicinity of the proposed site.
(b) The property limits and accurate contours of existing ground and details of terrain and area
drainage.
(c) Limiting dimensions, elevations of finish contours to be achieved by the grading, and
proposed drainage channels and related construction.
(d) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and
other protective devices to be constructed with, or as a part of, the proposed work together with
a map showing the drainage areas and the estimated runoff of the areas served by any drains.
(e) The location of any buildings or structures on the property where the work is to be performed
and the location of any buildings or structures on land of adjacent owners that are within 15 feet
of the property or which may be affected by proposed grading operations.
(f) A discussion and evaluation of the potential impact of the proposed grading upon designated
critical areas.
(g) Recommendations on appropriate protection mechanisms, if necessary, to prevent
degradation of designated critical areas and to ensure public safety. [Ord. 3-08 § 1]
18.22.440 Habitat management plan.
(1) General. This report shall identify how the development impacts of the proposed project will be
mitigated. The Washington Department of Fish and Wildlife Priority Habitat and Species Management
Recommendations shall be the basis for this report.
(2) Qualifications of the Preparer. Habitat management plans shall be prepared by persons who have
a minimum of a bachelor’s degree in wildlife or fisheries habitat biology, or a related degree in a
biological field from an accredited college or university with a minimum of four years experience as a
practicing fish or wildlife habitat biologist.
(3) Information Requirements.
(a) A map(s) prepared at an easily readable scale, including the following information:
(i) The location of the proposed development site, including property limits;
(ii) The relationship of the site to surrounding topographic and cultural features;
(iii) The nature and density of the proposed development or land use change;
(iv) Proposed building locations and arrangements; and
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(v) The boundaries of forested areas.
(b) A legend that includes the following information:
(i) A complete and accurate legal description as prescribed by the triggering application
form (the description shall include the total acreage of the parcel);
(ii) Title, scale and north arrows;
(iii) Date, including revision dates, if applicable; and
(iv) Certificates by a professional biologist as appropriate.
(c) A report that contains the following information:
(i) A description of the nature, density and intensity of the proposed development in
sufficient detail to allow analysis of such land use change upon identified fish and wildlife
habitat;
(ii) The applicant’s analysis of the effect of the proposed development, activity or land use
change upon the fish or wildlife species identified by the Washington Department of Fish
and Wildlife within the identified priority habitat, utilizing the management guidelines;
(iii) A plan by the applicant that shall explain how any adverse impacts created by the
development will be mitigated.
(d) Possible mitigating measures that may include, but are not limited to:
(i) Establishment of buffer zones;
(ii) Preservation of critically important plants and trees;
(iii) Limitation of access to habitat area;
(iv) Seasonal restriction of construction activities; and
(v) Establishing a timetable for periodic review of the plan. [Ord. 3-08 § 1]
18.22.450 Wetland delineation report.
(1) General. This report shall be required when a proposed development encroaches upon a
designated wetland or its buffer, and shall be used to identify the boundaries and classification of the
designated wetland.
(2) Qualifications of the Preparer. Wetland delineation reports shall be prepared by a biologist with
wetlands expertise, a professional wetland scientist certified by the Society of Wetland Scientists.
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(3) Information Requirements.
(a) A map(s) prepared at an easily readable scale, including the following information:
(i) Wetland boundaries;
(ii) Sample site and sample transects;
(iii) Boundaries of forested areas; and
(iv) Boundaries of wetland classes if multiple classes exist.
(b) A legend that includes the following information:
(i) A complete and accurate legal description as prescribed by the triggering application
form (the description shall include the total acreage of the parcel);
(ii) Title, scale and north arrows;
(iii) Date, including revision dates, if applicable; and
(iv) Certificates by a professional biologist as appropriate.
(c) A report that contains the following information:
(i) A discussion of the delineation methods and results, with special emphasis on technique
used from the Washington State Wetlands Identification and Delineation Manual, March
1997, or as amended hereafter;
(ii) A description of relevant site information acquired from the National Wetland Inventory
maps and the Soil Survey for Jefferson County;
(iii) The acreage of each wetland on the site, based on the survey, if the acreage will impact
the buffer size determination or the project design;
(iv) All completed field data sheets numbered to correspond to each sample site;
(v) Project cross-sections, both before and after completion, in relation to the surface
elevation of the wetland must be indicated for proposed activities that involve cutting or
filling operations within the wetland or its proposed buffer;
(vi) Classification of the wetland in accordance with the standards adopted in this chapter
and a detailed written analysis of the existing regulated wetland including: vegetation
communities classified per the U.S. Fish and Wildlife Service Classification of Deepwater
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Habitats (1979); species composition of vegetation communities, including presence and
percent cover; existing soils; and existing hydrologic conditions including inflow/outflow,
source of water within the system, relative water quality, and seasonal changes in
hydrology, if applicable;
(vii) A detailed analysis of wildlife species use of the wetland and its buffer;
(viii) A detailed analysis of the existing wetland buffer including species composition and
percent coverage, whether the buffer is disturbed or not, and the functional value of the
buffer in relation to the regulated wetland;
(ix) If the development activity would eliminate all or part of a regulated wetland then a
detailed compensatory mitigation plan as outlined in subsection (4) of this section must be
provided.
(4) Mitigation Plan Contents. All wetland restoration, creation, and enhancement projects required by
this code, either as a condition of project approval or as the result of an enforcement action, shall
follow a mitigation plan prepared by a qualified specialist as defined herein and conducted in
accordance with the requirements described in this code. The applicant or violator must receive
written approval of the mitigation plan by the administrator prior to commencement of any wetland
restoration, creation, or enhancement activity. [Ord. 3-08 § 1]
Article IX. Alternative Protection Standards – Critical Area Stewardship Plans (CASPs)
18.22.460 Critical area stewardship plans (CASPs) – Generally.
Property owners may elect to develop site-specific critical area stewardship plans (CASPs) as an
alternative to the prescriptive requirements of Articles VI (Fish and Wildlife Habitat Conservation
Areas (FWHCAs)) through VII (Wetlands) of this chapter. At a minimum, the CASP must provide
equal or greater protection of critical area functions and values than the prescriptive standards of
buffers and setbacks. The property owner shall be responsible for developing these plans in
consultation with a qualified professional meeting the applicable requirements of Article VIII of this
chapter. When available, qualified Jefferson County staff may assist landowners with these
submissions. The administrator shall be responsible for reviewing and approving submitted plans. The
administrator may, at his/her discretion, seek technical assistance from the Jefferson County
conservation district, Washington Department of Fish and Wildlife or the Washington Department of
Ecology when reviewing CASPs for approval. [Ord. 3-08 § 1]
18.22.461 Applicability and limitations.
The following provisions define the applicability and limitations of the CASP:
(1) CASPs apply to only residential development, related activities and appurtenances, including
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accessory dwelling units (ADUs). They may be used in rural village centers (RVCs) but are not to be
used in urban growth areas (UGAs). They are not to be used for commercial or industrial uses or
developments, as identified and defined in Chapter 18.10 JCC.
(2) They can be applied to properties one-quarter acre or larger.
(3) CASPs are only applicable to fish and wildlife habitat conservation areas (Article VI) or wetlands
(Article VII).
(4) CASPs must provide equal or greater protection of critical area functions and values than the
prescriptive standards of buffers and setbacks.
(5) They may be applied within Category II, III and IV wetlands and buffers, and within buffers of
Category I wetlands. They cannot be used in Category I wetlands.
(6) CASPs may not be used for activities involving fill for building within wetlands and FWHCAs but
may be used for fill or vegetation management within these critical areas if it is for enhancement of
their functions.
(7) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC.
(8) A CASP may be prepared by any person, but it is strongly advised that a qualified professional be
at least consulted. [Ord. 3-08 § 1]
18.22.465 Performance standards.
Critical area stewardship plans (CASPs) shall identify specific performance standards focused on
maintaining or enhancing the functions and values of the critical area(s).
(1) Performance standards will vary from one plan to another depending on the critical area being
protected and the potential hazards associated with the proposed development. Chosen performance
standards should be quantifiable so that they can be measured. They may include maintenance of a
wetland’s hydraulic capacity, percent ground cover in revegetated areas, control of invasive plants,
survival of shrubs and trees, etc. Compliance with Washington State water and/or sediment quality
standards (Chapters 173-201A and 173-204 WAC) will be determined by Jefferson County’s
watershed monitoring program described in Article X of this chapter.
(2) The CASP shall include protocols for monitoring these performance standards to include sampling
and analytical methods; timing of the sampling; and determination of the statistical procedures used to
define significant departures from the performance standards. Performance standards should contain
the following components:
(a) Indicator. They identify what will be monitored, such as woody vegetation, invasive species
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(e.g., reed canary grass (Phalaris arundinacea), wetland area, or water regimes).
(b) Attributes. They identify what aspect of the indicator will be monitored, such as percent cover
of vegetation, density of stems of surviving vegetation, size of the wetland buffer area, or
percent of an inundated area.
(c) Actions. They identify the degree of compliance, such as “will not exceed X percent cover of
invasive species,” or “will establish X acres of wetland area,” or will “prescribe a required
survival of planted vegetation.”
(d) Quantities/Status. They identify the amount of change or the desired level the attribute should
reach, such as achieving X percent total aerial cover of trees and shrubs, or establishing X
acres of wetland buffer.
(e) Time Frame. They identify when the standard should be achieved. For example, “having X
area inundated at the end of July each year” or “achieving X percent total aerial cover of trees
and shrubs by year Y.” Performance standards should be appropriate for the monitoring period.
[Ord. 3-08 § 1]
18.22.470 CASP contents – Existing conditions.
Critical area stewardship plans (CASPs) shall include the following elements:
(1) A site plan of the entire parcel identifying the critical area being protected by the CASP.
(2) When wetlands are present on the property, a wetland delineation report shall be completed in
accordance with JCC 18.22.450. The most current edition of Washington State Wetland Rating
System for Western Washington shall be used in preparing the report. The report shall detail the
scores determined for hydrologic, water quality and habitat functions, and shall ensure the most
pertinent score is accorded the greatest weight in rating the wetland. The ratings forms and
supplemental information required for completing those forms shall be included in the report. The
prescriptive wetland buffers appropriate to the wetland class and proposed activity defined in JCC
18.22.330 shall be reviewed.
(3) Surface waters and wetlands shall be surveyed for accurate stream typing and/or wetland rating
by a qualified professional, consistent with state law.
(4) Habitats of local importance documented by Jefferson County on and within three-tenths of one
mile of the property shall be documented.
(5) Presence of any other critical areas.
(6) A description of the property and adjacent watershed to include:
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(a) A contour map describing land elevations within three-tenths of one mile of the property.
(b) Documented or observed presence of threatened or endangered species.
(c) A qualitative assessment of the property’s hydrology to include evidence of prolonged
flooding or ponding, known significant aquifer recharge areas, observed surface water drainage
patterns and stream flows.
(7) A qualitative assessment of surface waters to include stream and/or pond substrate types,
presence of large woody debris and riffles and pools, potential fish spawning areas, observed fish and
aquatic invertebrates, etc.
(8) A qualitative assessment of the existing landscape located within the prescriptive buffers defined
in JCC 18.22.330 for wetlands and JCC 18.22.270 for surface waters shall include:
(a) The presence of invasive and/or exotic plant species and the presence and condition of all
layers of vegetation. The species composition and general age and condition of existing forests
within this area should be documented. This section should be supported with photo
documentation;
(b) Evidence of historic or existing and ongoing agricultural and/or forestry activities;
(c) A determination of the landscape slopes adjacent to surface waters to include a qualitative
assessment of soil textures and stability together with an assessment of the value of existing
vegetation for stabilizing soils.
(9) A description of existing human disturbances within the critical area to include roads, bridges,
bulkheads, hydrologic modification to include pre-existing (i.e., grandfathered) farm ponds, excavated
ditches, drain tile lines and other structures. The location of these features should be annotated on the
site map.
(10) A description of how the proposed development might adversely affect the critical area’s
functions and values.
(11) This section should be supported by photo documentation. [Ord. 3-08 § 1]
18.22.480 Description of the management proposal.
The overall goal of the critical area stewardship plan (CASP) is to maintain or enhance the existing
functions and values of the associated watershed while addressing the needs and desires of the
property owner. The proposed plan should be described in detail to include the following:
(1) A clear statement of the goals, objectives, and performance standards of the plan and how
implementation of this plan will protect the functions and values. This section shall also describe the
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goals of the property owner, including proposed multiple uses of the critical area and/or the areas
within the buffers defined in JCC 18.22.270 and 18.22.330.
(2) The CASP shall be supported with the site map described in JCC 18.22.470(1) overlaid with the
following information:
(a) The location of the development activities proposed at the site;
(b) Final contours when grading within the critical area or its buffer is proposed;
(c) Existing vegetation in the critical area or its buffer that is to be preserved;
(d) Invasive and/or noxious vegetation that is to be controlled or eradicated including control
methods;
(e) Species and general location of new vegetation to be planted;
(f) Location of all structures to be placed within a critical area and the buffers prescribed in JCC
18.22.270 and 18.22.330.
(3) The proposed buffers shall be described with an emphasis on how they will protect the critical
area’s functions and values from being degraded. This section of the report should be supported by
reference to published literature or well reasoned rationales provided by the professional preparing the
report.
(4) A rationale for the final contours when grading is involved with a description of how the changes
will help implement the goals of the plan.
(5) A detailed plan describing the maintenance of existing vegetation and/or re-vegetation of the site.
For trees and shrubs, this plan should describe the density (spacing) of individual species as well as
their location in the landscape. A rationale for the vegetation maintenance and/or revegetation plan
shall be provided to include a description of how the plants will function to meet the goals of the
management plan and of the property owner. This plan should include:
(a) A table describing the numbers and types of plants to be introduced;
(b) A description of how the various vegetation layers will function to protect water quality, the
critical area’s hydrology, and the habitat needs of wildlife known to exist in the area;
(c) Planting density (spacing) by species;
(d) A planting schedule with reference to local rainfall patterns and additional watering
requirements and methods;
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(e) Short-term protection methods such as protective tubes, socks, control of other vegetation
that might out-compete the planted stock, mulching requirements, etc.
(6) A proposed or approved stormwater management plan as applicable per JCC 18.30.060 through
18.30.070 shall be attached as an appendix.
(7) The timing of proposed plan implementation, with an emphasis on how the anticipated timing will
minimize disturbance to the critical area and eliminate potential effects to adjoining properties and/or
wildlife of local concern.
(8) A list of the additional local, state and federal permits that will be required for implementing the
CASP. [Ord. 3-08 § 1]
18.22.490 Maintenance.
Some critical area stewardship plans (CASPs) may require periodic maintenance activities. These
plans shall include a maintenance schedule detailing these activities. In general, plans that do not
require long-term maintenance are preferred to plans that require periodic maintenance to be verified
by county staff. [Ord. 3-08 § 1]
18.22.510 As-built plan requirement.
An initial as-built plan shall be prepared by a qualified professional judged competent by Jefferson
County describing the action taken to implement the critical area stewardship plan (CASP). This
report shall include:
(1) A contour map describing final contours if grading is required;
(2) A quantitative description of the vegetation planted;
(3) Establishment of two or more permanent photo documentation stations with established bearings
and monuments to ensure that subsequent photographs depict the same landscape for comparative
purposes;
(4) Additional photographic documentation is encouraged. [Ord. 3-08 § 1]
18.22.520 Periodic monitoring.
Critical area stewardship plans (CASPs) shall be monitored and reports submitted as prescribed by
the approving authorities’ implementation program. Monitoring reports shall be submitted to the
department of community development, and shall include the following:
(1) Identification of the goals, objectives and performance standards of the CASP including the
specific performance standards adopted pursuant to JCC 18.22.465;
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(2) A qualitative comparison of the critical area functions and values present at the time of annual
monitoring with conditions existing during creation of the CASP and conditions observed during
previous annual reports;
(3) A discussion of real-time observation describing compliance with the performance standards
described in JCC 18.22.465;
(4) When analysis of monitoring results describes a deficiency in meeting the CASP’s goals, adaptive
management shall be employed to rectify the deficiency;
(5) The landowner agrees to allow approved Jefferson County staff access to property for the
purposes of monitoring;
(6) Monitoring periods may be extended when necessary, as determined by the administrator. [Ord. 3-
08 § 1]
18.22.530 Contingency planning.
A contingency plan is required describing how the critical area stewardship plan (CASP) might be
modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals
because of events outside the landowner’s control (e.g., damage associated with a wildlife). For
instance, if one of the planted species of vegetation proves ill adapted to the environment and fails to
survive or thrive to the extent needed to provide the intended function then alternative species should
be identified. In general, plans should initially plant at greater than 120 percent of the specified final
density of shrubs and trees. The contingency plan should call for either supplemental planting when
the density falls below the prescribed final density or it could call for the planting of alternate
specie(s). [Ord. 3-08 § 1]
18.22.540 Failure to submit required reports.
Failure to submit a report required under this article shall constitute a failure to comply with the terms
of the permit, and shall be processed by the administrator pursuant to Chapter 18.50 JCC,
Enforcement. [Ord. 3-08 § 1]
18.22.550 Waiver.
The administrator may waive portions of a critical area stewardship plan (CASP) if, in his/her opinion,
critical area functions and values will not be adversely affected by a proposed activity. An approved
CASP must be recorded on the property deed (recorded with the Jefferson County auditor) and must
remain in effect unless replaced by a new or updated CASP approved by the county. [Ord. 3-08 § 1]
Article X. Implementation Strategies
18.22.570 Conservation futures.
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Jefferson County through the conservation futures fund (Ordinance No. 06-0708-02, Chapter 3.08
JCC) may use conservation futures funds to compensate affected property owners for their costs in
protecting fish and wildlife through the purchase of conservation easements. [Ord. 3-08 § 1]
18.22.580 Education.
Jefferson County encourages good stewardship on its land to provide benefits to fish and wildlife. The
county will seek funds to provide general resource education and site-specific assistance to help
landowners understand why it is important to improve their management practices and to show them
how to improve those practices in a way that benefits both the landowner and natural resources. The
county believes that these are win-win goals key to maintaining and enhancing natural resources.
[Ord. 3-08 § 1]
18.22.590 Best management practices (BMPs).
As a general practice, Jefferson County encourages and supports the use of best management
practices by all landowners in an effort to enhance the county’s natural resources. Farm BMPs have
been developed over the last five decades by the USDA and Jefferson County’s conservation district.
Residential BMPs (JCC 18.22.630) are promoted for all landowners in Jefferson County, whether
engaged in agriculture or not. [Ord. 3-08 § 1]
18.22.600 Cost sharing incentives.
Jefferson County will assist and encourage landowners to participate in private, state and federally
funded resource enhancement projects. In addition, Jefferson County will seek outside sources of
grant funds to increase the resources available for resource stewardship programs. [Ord. 3-08 § 1]
18.22.610 Static buffer widths for voluntarily enhanced critical areas.
For purposes of determining required buffer widths, wetlands and or riparian areas that are
intentionally enhanced, where such enhancement is not part of a required mitigation plan, will retain
the prescriptive buffer requirements determined prior to the enhancement activity. Additional future
restrictions will not be placed on wetlands associated with their increased functions and values
caused by voluntary enhancement. [Ord. 3-08 § 1]
18.22.620 Public benefit rating system.
Buffers that are dedicated as permanent open space tracts will qualify for the maximum number of
points under the public benefit rating system. Qualifying applicants will be offered the opportunity to
enroll in the Jefferson County open space tax program at no cost. [Ord. 3-08 § 1]
18.22.630 Residential best management practices (BMPs).
The following best management practices (BMPs) will be encouraged by Jefferson County for all
existing and future residential development adjacent to critical areas. Permits may be conditioned to
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require these BMPs when utilizing buffer averaging or other administratively available means of buffer
reduction.
(1) Stormwater Management.
(a) Filter runoff from impervious surfaces through appropriate vegetation such as lawns or
biofiltration swales prior to entering wetlands or wetland buffers.
(b) Direct gutter downspouts into either biofiltration swales or gravel-lined pits to sequester
bacteria and atmospherically deposited contaminants.
(c) Store petroleum, fertilizer and pesticide containers under cover and away from water sources
and critical areas until properly disposed.
(d) Apply only the amount of irrigation water that can be absorbed into the ground to landscapes.
Avoid excessive water resulting in surface flows into wetland or wetland buffers.
(e) Avoid the use of chlorinated water for landscape use.
(f) Avoid using salt on impervious surfaces such as walks and driveways during freezing
weather.
(g) Ensure that all outside burning is controlled.
(h) Avoid motorized vehicle incursions into the wetland and/or wetland buffer.
(2) Management of Household Contaminants and Yard Waste.
(a) Maintain all garbage and litter in enclosed containers that exclude wildlife.
(b) Do not use poisons to control moles, rodents or other pests near wetlands.
(c) Strictly adhere to label restrictions when using EPA approved pesticides.
(d) Do not dispose of yard waste (grass clippings, trimmings, etc.) or any other waste in
wetlands or wetland buffers.
(e) Do not maintain vehicles or equipment in areas where contaminants will wash directly into
wetland buffers. Maintenance areas should include filter swales or grassy areas of sufficient
width to intercept surface flows into critical areas or their buffers.
(f) Store all potential contaminants, including petroleum products, pesticides, cleaners, etc.,
under cover and properly dispose of empty containers.
(3) Landscape Management.
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(a) Do not plant invasive ornamental plants in or adjacent to any critical area buffers.
(b) Retain, where possible, large trees that shade wetland areas – even though they may grow
outside the required buffer.
(c) Leave permeable surfaces on as much of the landscape as possible.
(d) Attempt to incorporate large woody debris into the landscape plan as a benefit to wildlife.
(e) Shield outside lights so that they do not shine directly into nearby wetlands. [Ord. 3-08 § 1]
Article XI. Watershed Monitoring
18.22.640 Watershed monitoring.
Jefferson County shall develop and implement a countywide monitoring plan designed to give early
notification of degrading water quality and to document improving water quality as a result of an
increased emphasis on voluntary landowner stewardship. This effort will include the following:
(1) The county will initiate this process by conducting an inventory of all current monitoring activities
conducted by local, state and federal agencies and private groups such as stream keepers and water
watchers.
(2) The county will assist with compilation of all of the marine and freshwater data applicable to
Jefferson County in a single database to establish a baseline dataset.
(3) When the inventory described above is complete, a monitoring program will be designed to
complement existing efforts to assess the following endpoints:
(a) Temperature;
(b) Dissolved oxygen;
(c) pH;
(d) Fecal and total coliform;
(e) Total suspended solids;
(f) Total volatile solids; and
(g) Nutrients, to include NH4+, NH3, NO3 and PO4.
(4) Monitoring of all appropriate Type S and F streams will be accomplished near their entry into the
marine environment. Additional monitoring will be accomplished during the first one inch of rain in the
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fall of each year and during the period of anticipated lowest flow in late summer (August or
September).
(5) Jefferson County will encourage biological monitoring using rapid bio-assessment procedures of
the health of its watersheds by voluntary programs such as water watchers.
(6) Three samples will be collected at each established sampling site. Where sampling indicates a
significant exceedance of Washington State water quality criteria (using appropriate statistical
analyses) and/or an exceedance of existing baseline data, Jefferson County will notify (as
appropriate) the Washington State Department of Health and the Department of Ecology requesting
assistance in determining the cause of the exceedance.
(7) Jefferson County will work cooperatively with landowners contributing to the exceedance to
correct the problem. If property owners do not cooperate, or if the exceedance persists despite
attempts at adaptive management, then Jefferson County will take whatever legal or regulatory steps
are necessary to correct the situation. Those steps may include legal action or an increase in the
buffer widths in stream segments causing the exceedances. [Ord. 3-08 § 1]
Article XII. Adaptive Management
18.22.650 Adaptive management.
Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory
actions achieve their objectives and makes adjustments to those programs. Management, policy, and
regulatory actions are treated as experiments that are purposefully monitored and evaluated to
determine whether they are effective and, if not, how they should be improved to increase their
effectiveness. An adaptive management program is a formal and deliberate scientific approach to
taking action and obtaining information in the face of uncertainty. To effectively implement an adaptive
management program, Jefferson County, in support of its CAO will:
(1) Address funding for the research component of the adaptive management program;
(2) Change course based on the results and interpretation of new information that resolves
uncertainties; and
(3) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and
nonregulatory actions affecting critical areas protection and anadromous fisheries. [Ord. 3-08 § 1]
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Chapter 18.35
LAND DIVISIONS
Sections:
Article I. General Provisions
18.35.010 General authority.
18.35.020 Purpose.
18.35.030 Applicability.
18.35.040 Exemptions.
18.35.050 Violations – Penalties.
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
18.35.070 Application submittal and contents.
18.35.080 Review process and criteria.
Article III. Short Subdivisions
18.35.090 Scope.
18.35.100 Application submittal and contents.
18.35.110 Preliminary short plat preparation.
18.35.120 Preliminary short plat contents.
18.35.130 Short plat approval criteria.
18.35.140 Short plat review process.
18.35.150 Modifications to an approved preliminary short plat.
18.35.160 Surety.
18.35.170 Director of the department of public works certificate of improvements.
18.35.180 Final short plat requirements.
18.35.190 Accompanying documents – Final short plat.
18.35.200 Final short plat approval.
18.35.210 Time limitation on final short plat submittal.
18.35.220 Effect of an approved final short plat – Valid land use.
18.35.230 Distribution of copies and filing of final short plat.
18.35.240 Transfer of ownership following short plat approval.
18.35.250 Building and occupancy permits – Issuance after final short plat approval.
18.35.260 Accumulative short plats.
Article IV. Long Subdivisions
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18.35.270 Scope.
18.35.280 Application submittal and contents.
18.35.290 Preliminary plat – Preparation.
18.35.300 Preliminary plat – Contents.
18.35.310 Approval criteria.
18.35.320 Preliminary long plat review process.
18.35.330 Preliminary plat approval – Phased development.
18.35.340 Modifications to an approved preliminary plat.
18.35.350 Surety.
18.35.360 Director of public works certificate of improvements.
18.35.370 Preparation of a final long plat.
18.35.380 Accompanying documents – Final long plat.
18.35.390 Final long plat application.
18.35.400 Time limitation on final long plat submittal.
18.35.410 Effect of an approved final long plat – Valid land use.
18.35.420 Distribution of copies and filing of final long plat.
18.35.430 Transfer of ownership following final long plat approval.
18.35.440 Building and occupancy permits – Issuance after final long plat approval.
Article V. Binding Site Plans
18.35.450 Purpose.
18.35.460 Scope.
18.35.470 Condominiums.
18.35.480 Application submittal and contents.
18.35.490 Binding site plan approval criteria.
18.35.500 Binding site plan review process.
18.35.510 Binding site plan development standards.
18.35.520 Modifications and vacations.
18.35.530 Distribution of copies and filing.
18.35.540 Time limit.
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC adoption.
18.35.560 Effect of final binding site plan approval.
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
18.35.580 Transportation and drainage standards.
18.35.590 Responsibility for road improvements.
18.35.600 Health standards.
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18.35.610 Fire and utility standards.
18.35.620 Plan review, inspection and fees.
18.35.630 Release of improvement guarantee.
18.35.640 Floods and flood control.
18.35.650 Additional requirements.
18.35.660 Phased subdivision.
Article VII. Plat Alteration
18.35.670 Purpose.
18.35.680 Application submittal and contents.
18.35.690 Review process and criteria.
Article I. General Provisions
18.35.010 General authority.
This chapter of the Jefferson County Unified Development Code is adopted under the authority of
Chapter 58.17 RCW. [Ord. 8-06 § 1]
18.35.020 Purpose.
The purpose of this chapter is to regulate the division of land lying within Jefferson County, and to
promote the public health, safety, and general welfare in accordance with the standards established
by the state of Washington and Jefferson County, and to:
(1) Prevent the overcrowding of land;
(2) Lessen congestion and promote safe and convenient travel by the public on sidewalks, pathways,
streets and highways;
(3) Promote the efficient use of land;
(4) Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools, parks,
recreational areas, fire protection and other capital requirements;
(5) Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate legal
description;
(6) Facilitate the expeditious processing of development applications through the adoption of clear,
predictable and uniformly applied land division regulations; and
(7) Implement the goals, policies and substantive requirements of the Washington State Growth
Management Act (Chapter 36.70A RCW) and the Jefferson County Comprehensive Plan. [Ord. 8-06
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§ 1]
18.35.030 Applicability.
(1) This chapter applies to the division of land into four parcels for short subdivisions and of five or
more parcels for long subdivisions. This chapter further applies to boundary line adjustments and
binding site plan review and regulation.
(2) Property boundary lines separating two or more lots of record may be adjusted only under the
specific provisions set forth in this chapter.
(3) The process for resubdivision, alteration and vacation of any existing subdivision is identical to the
process for initial subdivision. All such subdivision applications shall conform with the applicable
sections in this chapter governing the subdivision of property into lots, tracts or parcels. All proposed
plat vacations shall comply with the requirements and criteria set forth in RCW 58.17.212, as now
adopted or hereafter amended.
(4) Where this chapter imposes greater restrictions or higher standards upon the development of land
than other provisions of this code, laws, ordinances or restrictive covenants, the provisions of this
chapter shall prevail.
(5) Pursuant to Chapters 79.125 and 58.17 RCW, tidelands may not be altered in any fashion under
this section. Tideland acreage may not be included or given other consideration in any land division,
plat alteration, or boundary line adjustment. The authority to alter platted tidelands lies with the
department of natural resources. [Ord. 8-06 § 1]
18.35.040 Exemptions.
This chapter does not apply to the following:
(1) Divisions of land into lots, tracts or parcels each one of which is one-sixteenth of a section of land
or larger, or 40 acres or larger if the land is not capable of description as a fraction of a section of
land; provided, that for purposes of computing the size of a lot that borders on a street or road, the lot
size shall be expanded to include that area that would be bounded by the center line of the street or
road and the side lot lines of the lot running perpendicular to such center line; and provided further,
that within the commercial forest district (i.e., CF-80), each lot, tract or parcel shall be at least 80
acres in size;
(2) Cemeteries and burial plots while used for that purpose;
(3) Divisions of land made by testamentary provisions or the laws of descent; provided, that this
exemption shall not be construed to permit inter vivos transfers, and provided further, that any
structure or use on the property must comply with all other applicable county regulations; and
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(4) Divisions of land relating to the acquisition of a fee simple interest in land by public agencies,
including, but not limited to, divisions made for road or public right-of-way conveyance or widening
purposes. This exemption shall not be construed to include acquisitions of easements. [Ord. 8-06 § 1]
18.35.050 Violations – Penalties.
(1) Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent of any
person, firm, corporation or association who sells, offers for sale, leases, or transfers any lot, tract, or
parcel of land prior to compliance with this chapter is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not
exceeding 90 days, or by both such fine and imprisonment. Each violation or each sale, offer for sale,
lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this
chapter is deemed a separate and distinct offense. If performance of an offer of agreement to sell,
lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of a short plat or
long plat, but prior to final plat approval, is expressly conditioned on the recording of the final plat
containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any
provision of this chapter. All payments on account of an offer or agreement conditioned as provided in
this chapter shall be deposited in an escrow account and no disbursements to sellers are permitted
until the final plat is recorded. This prohibition of property transfers prior to compliance with this
chapter shall apply equally to transfers prior to completion of short subdivisions, long subdivisions
and binding site plans.
(2) Chapter 18.50 JCC Applicable. In addition to the penalties provided in this section, all violations of
any provision of this chapter or any incorporated standards, or conditions of any permit issued
hereunder, are subject to the provisions of Chapter 18.50 JCC. The administrator is authorized to
enforce the provisions of this chapter in accordance with Chapter 18.50 JCC.
(3) Other Enforcement Action. In the event an applicant for a short subdivision, long subdivision, or
binding site plan fails and refuses to install required improvements in the time required by any
preliminary or final approval, the county may withhold further building or other development permits,
make demand against any bonds, collect monies deposited in escrow to secure installation of
improvements, initiate a local improvement district, or take such other action as may be necessary to
cause the improvements to be made. [Ord. 8-06 § 1]
Article II. Boundary Line Adjustments
18.35.060 Purpose, scope and limitations.
(1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review
and approval of adjustments to boundary lines between platted or unplatted lots, tracts or parcels, or
both in order to:
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(a) Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a
buildable lot or for any other lawful purpose;
(b) Rectify defects in legal descriptions;
(c) Achieve increased setbacks from property lines or environmentally sensitive areas;
(d) Correct situations wherein an established use is located across a lot line; or
(e) For other similar purposes.
This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW
and Chapter 332-130 WAC.
(2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would:
(a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan or
division as defined in Chapter 18.10 JCC;
(b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a
buildable lot as defined in Chapter 18.10 JCC;
(c) Relocate an entire lot, tract or parcel from one parent parcel into another parent parcel;
(d) An adjustment that crosses zoning district boundaries. Adjustments may be allowed across
different rural residential densities;
(e) Be inconsistent with any restrictions or conditions of approval for a recorded short plat or
long plat; or circumvent the short subdivision or long subdivision procedures set forth in this
chapter;
(f) Separate an accessory dwelling unit from the primary use of the property.
(3) Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose of
creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all cases be
considered a minor adjustment of boundary lines and shall not be subject to the short subdivision or
long subdivision provisions of this chapter. Lot consolidations shall not require a survey or soil
evaluation.
(4) Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be
considered a single site and no lot lines on the site may be altered by a boundary line adjustment to
separate lots to another property not included in the original site plan of the subject development.
(5) Rectifying legal defects, such as an established use located across a lot line, and the adjustment
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of boundary lines to match water bodies, roads, or fence lines, shall be considered minor adjustments
and shall not require a soil evaluation and may be allowed regardless of the size of the resultant
parcels.
(6) Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line
adjustment process, those lots shall not be permitted to use the boundary line adjustment process
again for five years with the exception of lot consolidations, testamentary divisions, civil cases, court
orders, rectifying legal defects, or the adjustment of one line between two or more property owners for
the purpose of settling a dispute. [Ord. 8-06 § 1]
18.35.070 Application submittal and contents.
To be considered complete, applications for boundary line adjustments shall include the following:
(1) Applications for boundary line adjustments shall be made on forms provided by the Jefferson
County department of community development and shall be submitted to the department of community
development, along with the appropriate fees established under the Jefferson County fee ordinance.
(a) A single application may be submitted for multiple BLAs for adjacent parcels, lots, tracts or
sites within a binding site plan. However, standard application fee(s) shall apply to each BLA
after the first two per additional parcel, lot, tract or site.
(b) In instances of lot consolidation, standard application fee(s) shall apply based on the number
of resulting parcels or lots;
(2) A completed land use permit application form, including all materials required pursuant to Chapter
18.40 JCC;
(3) Three copies of a clean and legible drawing suitable for recording showing the following:
(a) The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines;
(b) The existing lot, tract or parcel lines proposed to be changed, indicated by light broken lines;
(c) The location and dimensions of all structures/improvements existing upon the affected lots,
tracts or parcels and the distance between each such structure/improvement and the proposed
boundary lines, with structures proposed to be removed from the site depicted with broken lines
and structures to remain on the site depicted with solid lines;
(d) A north arrow indication and scale;
(e) All assessor’s tax parcel numbers for the affected lots, tracts or parcels;
(f) The location of the property as to quarter/quarter section;
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(g) The location and dimensions of any easements within or adjacent to any affected lots, tracts
or parcels;
(h) The location, right-of-way widths, pavement widths and names of all existing or platted
streets or roads, whether public or private, and other public ways within or adjacent to the
affected lots, tracts or parcels;
(i) The area and dimensions of each lot prior to and following the proposed adjustment;
(j) The existing on-site sewage system components and reserve areas and the proposed location
for on-site sewage systems and soil test pits for all affected lots that are not currently served by
an on-site sewage system or other approved wastewater treatment system;
(k) The location of all existing and proposed water and storm drainage facilities; and
(l) The approximate location and extent of any environmentally sensitive areas designated under
Article VI-D of Chapter 18.15 JCC, including any flood hazard areas lying within the existing or
revised parcel boundaries. The following notice will be recorded on the drawing when the parcels
that are part of the boundary line adjustment include, or are adjacent to, environmentally
sensitive areas (ESA):
Notice to Public: Current Jefferson County geographic information systems (GIS) maps
identify the presence of an Environmentally Sensitive Area (ESA) such as stream, wetland,
flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline,
etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line
Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner
shall contact the Jefferson County department of community development regarding
compliance for such ESAs. Approval of this Boundary Line Adjustment does not guarantee
a buildable site within said parcel(s). Such determination is dependent on approvals of
water, septic, bulk and dimensional setbacks, and ESA requirements.
(4) The original legal description of the entire property together with new separate legal descriptions
for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel B, revised parcel
A, revised parcel B, etc. The drawing shall be attached to or include on the face a formal legal
declaration of the boundary line adjustment, signed and notarized by all legal owners of the subject
properties. In cases where the property has not been surveyed, the following disclaimer shall be
recorded on the drawing:
DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT: Your request for a
Boundary Line Adjustment (BLA) has been approved. Since no survey was submitted as
part of your BLA application, the County accepts no liability for what facts a survey might
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have revealed. A survey might have revealed that a structure or improvement believed to
be on the applicant’s property is, in fact, located wholly or partially upon someone else’s
property or upon property that is not the subject of this BLA. But in the absence of a
survey, the applicant bears sole responsibility if such a problem arises.
(5) A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned rural
residential development (PRRD) agreements pertaining to or affecting the property; and
(6) If an individual septic system is proposed (i.e., as opposed to connection to either a community
drainfield or municipal sewer system), the applicant shall provide written verification from the
Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each
would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage
disposal system. The location of soil logs must be shown on the drawing to show land area sufficient
to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain
a dwelling. An applicant may choose to apply for a site plan approval advance determination (SPAAD)
to fulfill this requirement. In cases where the requirement to provide written verification that the
resultant lots can accommodate on-site sewage system from the Jefferson County department of
environmental health has been waived, the following notice shall be recorded on the drawing:
Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a buildable
site within said parcel(s). Such determination is dependent on approvals of water, septic,
bulk and dimensional setbacks, and ESA requirements.
This requirement shall be waived for resultant parcels that:
(a) Are larger than 2.5 acres;
(b) Have existing residential structures; or
(c) Have limited the use of the resultant parcel to agriculture, forestry, or open space through
conservation easements, restrictive covenant, or similar legal arrangement. The open space tax
program shall not be used to fulfill this requirement;
(7) The application shall be accompanied by a current (i.e., within 30 days) title company certification
of the following:
(a) The legal description of the total parcels sought to be adjusted;
(b) Those individuals or corporations holding an ownership interest and any security interest
(such as deeds or trust or mortgages) or any other encumbrances affecting the title of said
parcels. Such individuals or corporations shall sign and approve the final survey prior to final
approval;
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(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s)
signing the dedication certificate;
(d) Any easements or restrictions affecting the properties to be adjusted with a description of
purpose and referenced by the auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) policy may be required by the director of the
department of public works. [Ord. 8-06 § 1]
18.35.080 Review process and criteria.
(1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson County
assessor.
(2) Based on any comments solicited and received from the department of public works, the
department of environmental health or other applicable departments and agencies, the administrator
shall approve the proposed boundary line adjustment only upon finding that the adjustment would not:
(a) Create any additional lot, tract, parcel, site within a binding site plan or division or relocate
any lot, tract, parcel, or site within a binding site plan or division to another parent parcel;
(b) Result in a lot, tract, parcel, site within a binding site plan or division that contains increased
density or insufficient area or dimension to meet the minimum requirements for area and
dimension as set forth in Chapter 18.15 JCC and state and local health codes and regulations;
(c) Diminish or impair drainage, water supply, existing sewage disposal, and access or
easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site
(i.e., within an approved binding site plan), or division;
(d) Diminish or impair any public or private utility easement or deprive any parcel of access or
utilities;
(e) Diminish or impair the functions and values of environmentally sensitive areas designated
under Article VI-D of Chapter 18.15 JCC, or create an unsafe or hazardous environmental
condition;
(f) Create unreasonably restrictive or hazardous access to the property;
(g) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of an
existing lot, tract or parcel relative to Chapter 18.15 JCC;
(h) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the conditions of
approval for any short or long subdivision; or
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(i) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception an
adjustment across rural residential densities.
(3) Following approval by the administrator, a final record of survey document shall be prepared by a
licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The
document shall contain a land surveyor’s certificate and a recording certificate. The final page of the
record of survey document shall contain the following signature blocks:
(a) The Jefferson County assessor’s office, to be signed by the Jefferson County assessor or
his/her designee; and
(b) The department of community development, to be signed by the administrator.
(4) Upon approval the following statement of intent shall be recorded by the auditor and referenced by
auditor file number on the final survey:
THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE
ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY
ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED
HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY
PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE
ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH
CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND
SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE.
(5) Pursuant to RCW 86.56.345, current year and any delinquent taxes shall be paid before approval
of any boundary line adjustment.
(6) Applications for boundary line adjustments shall be processed according to the procedures for
Type I land use decisions established in Chapter 18.40 JCC. [Ord. 8-06 § 1]
Article III. Short Subdivisions
18.35.090 Scope.
Any land being divided into four or fewer lots, tracts or parcels that has not been divided through a
short subdivision within the previous five years shall meet the requirements of this article. Land within
an approved short subdivision may not be further divided in any manner within a period of five years
without the filing of a long plat. However, when a short plat contains fewer than four parcels, the
owner of the short plat may file an alteration within the five-year period to create up to four lots within
the boundaries of the original short plat; provided, that the parcel is not held in common ownership
with a contiguous parcel which has been subdivided within the preceding five years. [Ord. 8-06 § 1]
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18.35.100 Application submittal and contents.
To be considered complete, applications for short subdivisions shall include the following information:
(1) Applications for short subdivisions shall be made on forms provided by the Jefferson County
department of community development and shall be submitted to the department of community
development, along with the appropriate fees established under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter
18.40 JCC;
(3) A sworn certification by the applicant verifying whether the applicant has any interest in any land
adjacent to any portion of the subject property; such interest in land may be by reason of ownership,
contract for purchase by an agreement or option by any person, family member, firm or corporation in
any manner connected with the applicant or the development;
(4) The dimensions and area of each proposed lot, tract or parcel to accurately show that each lot,
tract or parcel contains sufficient area to satisfy the minimum requirements of Chapter 18.15 JCC;
provided, that the area of land contained in access easements, access panhandles or pipestem
configurations shall not be included in the area computations;
(5) Five paper copies of a preliminary short plat meeting the standards of JCC 18.35.110 and
18.35.120;
(6) Where applicable, any special reports or studies required under Chapter 18.15 JCC, prepared in
accordance with the requirements of Article VI-K of Chapter 18.15 JCC;
(7) A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter
18.30 JCC, including any soil test information that may be deemed necessary by the director of the
department of public works;
(8) The estimated quantities of any fill to be expected from the site and imported to the site; and
(9) Documentation of water availability and adequacy for each parcel affected sufficient to meet the
requirements of JCC 18.30.030. [Ord. 8-06 § 1]
18.35.110 Preliminary short plat preparation.
The preliminary short plat shall be prepared in accordance with the following requirements:
(1) The preliminary short plat shall be prepared by a Washington State licensed engineer or land
surveyor registered or licensed by the state of Washington. The preparer shall certify on the short plat
that it is a true and correct representation of the land actually surveyed. The preparation of the plat
shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC as now
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adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary
stakes on the property to enable the county to locate and assess features of the short plat in the field.
The datum to be used for all surveying and mapping shall be as follows: The projection name is the
state plane; the projection spheroid is GRS 1980; the coordinate system is Washington State Plane
North Zone; and the horizontal datum is NAD 83.
(2) All geographic information portrayed by the preliminary short plat shall be accurate, legible and
drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical
roadway cross-sections may be drawn to any other appropriate scale.
(3) A preliminary short plat shall be 18 by 24 inches in size, allowing one-half inch borders, and if
more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet
showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided.
In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to
8‑1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an index sheet showing the
entire subdivision with road and highway names and block numbers (if any) shall be provided. Each
sheet, including the index sheet, shall be of the above specified size.
(4) The area of each proposed lot, tract or parcel on the short plat map shall accurately show that
each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements. The area of
land contained in access easements, access panhandles or pipestem configurations shall not be
included in the area computations. [Ord. 8-06 § 1]
18.35.120 Preliminary short plat contents.
(1) A preliminary short plat shall be submitted on one or more sheets and shall provide the information
described below. All specifications for required improvements shall conform to the development
standards contained in Chapter 18.30 JCC.
(a) The name of the proposed subdivisions together with the words “Preliminary Short Plat”;
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional land
surveyor who prepared the preliminary plat;
(d) Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of
preparation;
(e) Identification of all land intended to be cleared, and the location of the proposed access to the
site for clearing and grading during site development or construction; and
(f) A form for the endorsement of the administrator, as follows:
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APPROVED BY JEFFERSON COUNTY
______________________ ______
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries
of the proposed subdivision with respect to surrounding property, roads, and other major constructed
and natural features.
(3) Except as otherwise specified in this chapter, the preliminary short plat shall contain the following
existing geographic features, drawn lightly in relation to proposed geographic features:
(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent property
under the same ownership as the land to be subdivided, to be indicated by bold lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines for lots of
record which are to be vacated, and all existing property lines for any property adjacent to the
subject property which is under the same ownership as the property to be subdivided (as
described in JCC 18.35.110(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or platted roads,
whether public or private, and other public ways within 200 feet of the property to be divided;
(e) The location, widths and purposes of any existing easements lying within or adjacent to the
proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater management
facilities lying within or adjacent to the proposed subdivision or those that will be connected to
the subdivision as part of the proposal (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants lying within
or adjacent to the proposed subdivision or those which will be connected to as part of the
proposed subdivision (if applicable);
(h) The location, size and description of any other underground and overhead facilities lying
within or adjacent to the proposed subdivision (if applicable);
(i) The location of any environmentally sensitive areas as described in Article VI-D of Chapter
18.15 JCC, including all floodplains lying within or adjacent to the proposed subdivision;
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(j) The location of existing sections and municipal corporation boundary lines lying within or
adjacent to the proposed subdivision;
(k) The location of any well and associated setbacks existing within the proposed subdivision;
(l) The location of any individual or on-site sewage disposal system existing within the proposed
subdivision;
(m) Existing contour lines at intervals of five feet, labeled at intervals not to exceed 20 feet;
(n) The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to be
removed shall be indicated by solid lines.
(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of any proposed lots, tracts or parcels, the area and
dimensions of each proposed lot, tract or parcel, and the proposed identifying number or letter to
be assigned to each lot, tract or parcel, and block (if applicable);
(b) The right-of-way location and width, the proposed name of each road, street or other public
way to be created and the estimated tentative grades of such roads; where roadways may
exceed the maximum allowable grade or alignment, the director of the department of public
works may require sufficient data, including centerline profiles and cross-sections, if necessary,
to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement to be created;
(d) The boundaries, dimensions and area of public and common park and open space areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the purpose
and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be indicated by
solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelope, as defined in JCC 18.10.020, shall be indicated for each lot;
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water system
improvements, including fire hydrants (if applicable);
(j) Proposed location and description of all sewage disposal improvements, including (if
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applicable) profiles and all pump stations and their connections to the existing system;
(k) Proposed location and description of all stormwater management improvements;
(l) Proposed road cross-sections, showing bicycle and pedestrian pathways, trails and sidewalks
(if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if applicable).
(5) Upon review of an application, the administrator may require additional pertinent information, as
deemed necessary, to satisfy any other regulatory requirements. The administrator may also waive
specific submittal requirements determined to be unnecessary for review of an application. In such
event, the administrator shall document the waiver in the project file or log. [Ord. 8-06 § 1]
18.35.130 Short plat approval criteria.
In addition to the review criteria provided in Chapter 18.40 JCC, the following criteria are the minimum
measures by which each proposed short subdivision will be considered:
(1) Short subdivisions shall be given preliminary approval, including preliminary approval subject to
conditions, upon finding by the administrator that all of the following have been satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning, land
use, environmental and health regulations and plans, including but not limited to the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed subdivision
shall be made available, including open spaces, drainage ways, roads, streets and other public
ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks
and other improvements to assure safe walking conditions for students who walk to and from
school;
(c) Approving the proposed short subdivision will serve the public use and interest and adequate
provision has been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, in accordance with
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RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be denied
because of flood, inundation or swamp conditions. Where any portion of the proposed short
subdivision lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the
100-year floodplain or the regulatory floodway, the county shall not approve the preliminary short plat
unless:
(a) The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of Chapter 18.15
JCC and any written recommendations of the Washington State Department of Ecology. In such
cases, the county shall issue no development permit associated with the proposed short
subdivision until flood control problems have been resolved. [Ord. 8-06 § 1]
18.35.140 Short plat review process.
(1) An application for a short subdivision shall be processed according to the procedures for Type II
land use decisions established in Chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public works, the
chief of the fire district in which the proposal is located, local utility providers, sheriff, building official,
school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile
of a city or other jurisdiction, Washington State Department of Transportation if the proposal is
adjacent to a state highway, and any other local, state or federal officials as may be necessary.
(3) Based on comments from county departments, applicable agencies and other information, the
administrator shall review the proposal subject to the criteria contained in JCC 18.35.130. A proposed
short plat shall only be approved when consistent with all the provisions of JCC 18.35.130.
(4) An applicant for a short subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in Chapter 18.40 JCC, and shall satisfy the criteria contained in Article IV of
Chapter 18.40 JCC, Variances.
(5) Pursuant to RCW 86.56.345, current year and any delinquent taxes must be paid before the
approval of a short subdivision. [Ord. 8-06 § 1]
18.35.150 Modifications to an approved preliminary short plat.
(1) Minor modifications to a previously approved preliminary short plat may be requested by the
applicant and approved by the administrator subject to the provisions for Type I decisions in Chapter
18.40 JCC; provided, that the modification does not involve any of the following:
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(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to this
code;
(d) The relocation of an entire lot, tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the short subdivision to be inconsistent
with the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application approval;
and
(c) The modification will not cause the short subdivision to violate any applicable county policy
or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this section, or exceed
the criteria set forth in subsection (2) of this section, shall be processed as a new preliminary short
plat application. [Ord. 8-06 § 1]
18.35.160 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of subdivision
improvements within one year of final plat approval. The surety shall be for 200 percent of the cost of
construction of those improvements estimated by a licensed engineer. Surety shall be in a form
acceptable to Jefferson County. In the event that the applicant does not complete construction within
one year, Jefferson County shall be authorized to complete the construction and pay for the work from
the surety account. Surety shall not be accepted for developing potable water sources. Surety may
only be released only after inspection by Jefferson County. [Ord. 8-06 § 1]
18.35.170 Director of the department of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be issued by the
county until the improvement method report, all construction drawings, proposed performance
guarantees, and other submittals in conformance with the development standards contained in
Chapter 18.30 JCC and any incorporated standards have been received and approved by the director
of the department of public works. All construction of improvements shall be inspected and approved
in conformance with the development standards contained in Chapter 18.30 JCC and any incorporated
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standards. After completion of all required improvements or the guarantee of the construction of all
required improvements, the director of the department of public works shall submit a certificate in
triplicate to the administrator stating the required improvements or guarantees are in accordance with
the provisions of this chapter, the preliminary short plat, including the county’s decision approving the
short plat, and in accordance with the development standards contained in Chapter 18.30 JCC and
any incorporated standards. The administrator shall transmit one copy of the certification to the
subdivider, together with a notice advising the subdivider to prepare a final plat for the proposed short
subdivision. The administrator shall retain one copy of the certificate. [Ord. 8-06 § 1]
18.35.180 Final short plat requirements.
The applicant must submit a reproducible copy, plus five paper copies of the proposed final short plat
to the administrator. The reproducible copy of the approved final short plat will contain the elements
as described in JCC 18.35.120 and shall include certifications and other requirements as provided in
JCC 18.35.370 for long plats. [Ord. 8-06 § 1]
18.35.190 Accompanying documents – Final short plat.
(1) In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a
subdivision, a type written copy of such covenants, bearing all necessary signatures, shall be
submitted along with the final plat. Where the recordation of specific deed restrictions or CC&R
provisions have been required as a condition of preliminary plat approval, the administrator shall
approve and sign the deed restriction or CC&Rs prior to final plat approval.
(2) The final plat shall be accompanied by a current (i.e., within 30 days) title company certification of
the following:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security interest
(such as deeds or trust or mortgages) or any other encumbrances affecting the title of said
parcel. Such individuals or corporations shall sign and approve the final plat prior to final
approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s)
signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a description of
purpose and referenced by the auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) policy may be required by the director of the
department of public works.
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(3) All maintenance, performance and guarantee bonds or other guarantees as may be required by the
director of the department of public works and the approved improvement method report to guarantee
the acceptability and/or performance of all required improvements. [Ord. 8-06 § 1]
18.35.200 Final short plat approval.
The final short plat shall be approved by the administrator upon satisfaction of all conditions of
approval and all requirements as provided in this article and Article VI of this chapter. Final approval
of short plats by the Jefferson County board of county commissioners shall be required. All final short
plats shall be approved, disapproved or returned to the applicant within 30 days of their filing, unless
the applicant consents to an extension of time in writing. [Ord. 8-06 § 1]
18.35.210 Time limitation on final short plat submittal.
Approval of a preliminary short plat shall expire unless the applicant submits a proposed final plat in
proper form for final approval within three years after preliminary approval. The department of
community development shall not be responsible for notifying the applicant of an impending expiration.
[Ord. 8-06 § 1]
18.35.220 Effect of an approved final short plat – Valid land use.
Any lots, tracts or parcels in a final short plat filed for record shall be a valid land use notwithstanding
any change in zoning for a period of five years from the date of filing. A short subdivision shall be
governed by the terms of approval of the final short plat, and the statutes, ordinances and regulations
in effect on the date of preliminary plat approval for a period of five years after final short plat approval
unless the Jefferson County board of commissioners finds that a change in conditions creates a
serious threat to the public health or safety of residents within or outside the short subdivision. [Ord.
8-06 § 1]
18.35.230 Distribution of copies and filing of final short plat.
The administrator shall distribute the original and copies of the approved final short plat as follows:
(1) The original shall be returned to the applicant after it has been forwarded to the county auditor for
recording; and
(2) One recorded paper copy shall be retained in the files of the department of community
development. [Ord. 8-06 § 1]
18.35.240 Transfer of ownership following short plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this article
relating to short subdivisions, no person, firm, or corporation shall sell or transfer any such lot, tract
or parcel without having first received final approval of the short plat and having recorded the final
short plat with the Jefferson County auditor. It is the responsibility of the applicant to ensure that a
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final short plat is fully certified and filed for record with the Jefferson County auditor prior to
transferring ownership of any land. [Ord. 8-06 § 1]
18.35.250 Building and occupancy permits – Issuance after final short plat approval.
(1) No building permit for a structure other than a temporary contractor’s office or temporary storage
building shall be issued for a lot or parcel within an approved short subdivision prior to a determination
by the relevant fire district chief or designee that adequate fire protection and access for construction
needs exists.
(2) No building permit for a structure other than a temporary contractor’s office or temporary storage
building shall be issued for a lot or parcel within an approved short subdivision until the applicant
complies with the improvement method report, all requirements of the department of public works
certificate of improvements, and all requirements of the final plat approval.
(3) No occupancy permit for a structure other than a temporary contractor’s office or other approved
temporary building shall be issued for a structure on a lot or parcel within an approved subdivision
prior to final inspection and approval of all required improvements which will serve such lot or parcel
to the satisfaction of the director of the department of public works and county building official. [Ord.
8-06 § 1]
18.35.260 Accumulative short plats.
Accumulative short plats are not permitted. The short subdivision process may not be used to apply
for a series of short plats within two years from any application, thereby circumventing the long
subdivision procedures. [Ord. 8-06 § 1]
Article IV. Long Subdivisions
18.35.270 Scope.
Long subdivisions, as processed under this article, shall include all divisions of land into five or more
lots, and shall require improvements so that any development will be in compliance with this code and
any other codes or ordinances which may apply. [Ord. 8-06 § 1]
18.35.280 Application submittal and contents.
To be considered complete, the application for a long subdivision shall include the following
information:
(1) The application for approval of a long subdivision shall be submitted to the department of
community development on forms to be provided by the department along with the appropriate fees
established by the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter
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18.40 JCC;
(3) The area and dimensions of each proposed lot, tract or parcel to accurately show that each lot,
tract or parcel contains sufficient area to satisfy the minimum requirements of Chapter 18.15 JCC.
The area of land contained in access easements, access panhandles or pipestem configurations shall
not be included in the area computations;
(4) Five paper copies of a preliminary plat meeting the standards and requirements of JCC 18.35.290
and 18.35.300;
(5) Where applicable, any special reports or studies required under Chapter 18.15 JCC, prepared in
accordance with the requirements of Article VI-K of Chapter 18.15 JCC;
(6) A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter
18.30 JCC, including any soil test information as may be deemed necessary by the director of the
department of public works;
(7) The estimated quantities of any fill to be exported from the site and imported to the site; and
(8) Documentation of water availability and adequacy for each parcel affected sufficient to meet the
requirements of JCC 18.30.030. [Ord. 8-06 § 1]
18.35.290 Preliminary plat – Preparation.
The preliminary plat shall be prepared in accordance with the following requirements:
(1) The preliminary plat shall be prepared by a Washington State licensed engineer or land surveyor
registered or licensed by the state of Washington. The preparer shall certify on the plat that it is a true
and correct representation of the lands actually surveyed. The preparation of the plat shall comply
with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC as now adopted or
hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the
property to enable the county to locate and assess features of the long plat in the field. The datum to
be used for all surveying and mapping shall be as follows: The projection name is the state plane; the
projection spheroid is GRS 1980; the coordinate system is the Washington State Plane North Zone;
and the horizontal datum is NAD 83.
(2) All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to
a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical roadway
cross-sections may be drawn to any other appropriate scale.
(3) A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders, and if
more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet
showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided.
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In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to
8‑1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an index sheet showing the
entire subdivision with road and highway names and block number (if any) shall be provided. Each
sheet, including the index sheet, shall be of the above-specified size.
(4) The area of each proposed lot or parcel depicted on the long plat map shall accurately show that
each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements. The area of
land contained in access easements, access panhandles or pipestem configurations shall not be
included in the lot size computations. [Ord. 8-06 § 1]
18.35.300 Preliminary plat – Contents.
(1) A preliminary plat shall be submitted on one or more sheets and shall provide the following
information. All specifications for public improvements shall conform to the standards contained in
Chapter 18.30 JCC, including any standards incorporated therein:
(a) The name of the proposed subdivision together with the words “Preliminary Plat”;
(b) The name and address of the applicant;
(c) The name, address, stamp and signature of the professional engineer or professional land
surveyor who prepared the preliminary plat;
(d) Numeric scale 50 feet or fewer to the inch), graphic scale, true north point, and date of
preparation;
(e) Identification of all land intended to be cleared, and the location of the proposed access to the
site for clearing and grading during site development and construction; and
(f) A form for the endorsement of the administrator of the department of community development,
as follows:
APPROVED BY JEFFERSON COUNTY
______________________ ______
Department of Community Date
Development Administrator
(2) The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries
of the proposed subdivision with respect to surrounding property, roads, and other major constructed
and natural features.
(3) Except as otherwise specified in this chapter, the preliminary plat shall contain the following
existing geographic features, drawn lightly in relation to proposed geographic features:
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(a) The boundaries of the property to be subdivided, and the boundaries of any adjacent property
under the same ownership as the land to be subdivided, to be indicated by bold lines;
(b) The names of all adjoining property owners, or names of adjoining developers;
(c) All existing property lines lying within the proposed subdivision, including lot lines for lot of
record which are to be vacated, and all existing property lines for any property lying adjacent to
the subject property which is under the same ownership as the property to be subdivided (as
described in JCC 18.35.290(3)) shall be shown in broken lines;
(d) The location, right-of-way widths, pavement widths and names of all existing or platted roads,
whether public or private, and other public ways within 200 feet of the property to be subdivided;
(e) The location, widths and purposes of any existing easements lying within or adjacent to the
proposed subdivision;
(f) The location, size and invert elevation of sanitary sewer lines and stormwater management
facilities lying within or adjacent to the proposed subdivision or those that will be connected to as
part of the proposed subdivision (if applicable);
(g) The location and size of existing water system facilities including all fire hydrants lying within
or adjacent to the proposed subdivision or those which will be connected to as part of the
proposed subdivision (if applicable);
(h) The location, size and description of any other underground and overhead facilities lying
within or adjacent to the proposed subdivision (if applicable);
(i) The location of any environmentally sensitive areas as described in Article VI-D of Chapter
18.15 JCC, including all floodplains, lying within or adjacent to the proposed subdivision;
(j) The location of existing sections and municipal corporation boundary lines lying within or
adjacent to the proposed subdivision;
(k) The location of any well existing within the proposed subdivision;
(l) The location of any individual or on-site sewage disposal system existing within the proposed
subdivision;
(m) Existing contour lines at intervals of five feet labeled at intervals not to exceed 20 feet;
(n) The location of any existing structures lying within the proposed subdivision; existing
structures to be removed shall be indicated by broken lines, and existing structures not to be
removed shall be indicated by solid lines.
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(4) The preliminary plat shall show the following proposed geographic features:
(a) The boundaries in bold solid lines of all proposed lots, the area and dimensions of each
proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or
block;
(b) The right-of-way location and width, the proposed name of each road, street, alley, or other
public way to be created and the estimated tentative grades of such streets; where roadways
may exceed the maximum allowable grade or alignment, the director of the department of public
works may require sufficient data, including centerline profiles and cross-sections if necessary,
to determine the feasibility of said roadway;
(c) The location, width and purpose of each easement created;
(d) The boundaries, dimensions and area of public and common park and open space areas;
(e) Identification of all areas proposed to be dedicated for public use, together with the purpose
and any condition of dedication;
(f) Proposed final contour lines at intervals of five feet; final contour lines shall be indicated by
solid lines; contour lines shall be labeled in intervals not to exceed 20 feet;
(g) The building envelopes, as defined in JCC 18.10.020, shall be indicated for each lot;
(h) Proposed monumentation;
(i) Proposed location and description of all individual or community wells, or water system
improvements, including all proposed fire hydrants (if applicable);
(j) Proposed location and description of all sewage disposal improvements, including (if
applicable) profiles, and, if needed, all pump stations and their connections to the existing
system;
(k) Proposed location and description of all stormwater management system improvements;
(l) Proposed road cross-sections, showing proposed bicycle and pedestrian pathways, trails and
sidewalks (if applicable);
(m) Proposed type and location of road lighting (if applicable);
(n) Proposed type and location of landscaping (if applicable);
(o) Proposed location and description of transit stops and shelters (if applicable);
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(p) Proposed covenants, conditions and restrictions (CC&Rs) on development (if applicable).
(5) Upon review of an application, the administrator may require additional pertinent information as
needed to satisfy any other regulatory requirements. The administrator may also waive specific
submittal requirements determined to be unnecessary for review of an application. In such event, the
administrator shall document the waiver in the project file or log. [Ord. 8-06 § 1]
18.35.310 Approval criteria.
In addition to the review criteria provided Chapter 18.40 JCC, the following criteria are the minimum
measures by which each proposed subdivision will be considered:
(1) Long subdivisions shall be given preliminary approval, including preliminary approval subject to
conditions, upon finding by the county that all of the following have been satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning, land
use, environmental and health regulations and plans, including, but not limited to, the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed subdivision
shall be made available, including open spaces, drainage ways, roads, streets, other public
ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks
and other improvements that assure safe walking conditions for students who walk to and from
school;
(c) The probable significant adverse environmental impacts of the proposed subdivision, together
with any practical means of mitigating adverse impacts, have been considered such that the
proposal will not have an unacceptable adverse effect upon the quality of the environment, in
accordance with the State Environmental Policy Act (SEPA) implementing provisions contained
within Chapter 18.40 JCC and Chapter 43.21C RCW;
(d) Approving the proposed subdivision will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
(2) Notwithstanding approval criteria set forth in subsection (1) of this section, in accordance with
RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be denied
because of flood, inundation or swamp conditions. Where any portion of the proposed subdivision lies
within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100-year
floodplain or the regulatory floodway, the county shall not approve the preliminary plat unless:
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(a) The applicant has demonstrated to the satisfaction of the hearing examiner that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of Chapter 18.15
JCC and any written recommendations of the Washington State Department of Ecology. In such
cases, the county shall issue no development permit associated with the proposed short
subdivision until flood control problems have been resolved.
(3) Pursuant to RCW 86.56.345 current year and any delinquent taxes must be paid before approval of
any subdivision. [Ord. 8-06 § 1]
18.35.320 Preliminary long plat review process.
(1) An application for a full subdivision shall be processed according to the procedures for Type III
land use decisions established in Chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public works, the
chief of the fire district in which the proposal is located, local utility providers, sheriff, building official,
school district in which the proposal is located, adjacent jurisdictions if the proposal is located within
one mile of a city or other jurisdiction, Washington State Department of Transportation, if the proposal
is adjacent to a state highway, and any other state, local or federal officials as may be necessary.
(3) Based on comments from county departments, applicable agencies and other information, the
administrator shall review the proposal subject to the criteria contained in JCC 18.35.310. A proposed
long subdivision shall only be approved when consistent with all the provisions of JCC 18.35.310.
(4) An applicant for a long subdivision may request that certain requirements established or
referenced by this chapter be modified. Such requests shall be processed according to the
procedures for variances in Chapter 18.40 JCC, and shall satisfy the criteria contained in Article IV of
Chapter 18.40 JCC, Variances. [Ord. 8-06 § 1]
18.35.330 Preliminary plat approval – Phased development.
Where subdivision development is proposed in distinct phases, preliminary plat approval must be
granted for the entire subdivision. The plat map must delineate the separate divisions or phases that
are to be developed in increments. The preliminary approval is conditional upon completion of the
proposed phases in a particular sequence and may specify a completion date for each phase. Final
plat approval is granted for each separate phase of the preliminary plat. Any changes in the
development after preliminary approval will require approval in accordance with JCC 18.35.320. [Ord.
8-06 § 1]
18.35.340 Modifications to an approved preliminary plat.
(1) Minor modifications to a previously approved preliminary long plat may be requested by the
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applicant and approved by the administrator subject to the provisions for Type I decisions in Chapter
18.40 JCC; provided, that the modification does involve any of the following:
(a) The location or relocation of a road or street;
(b) The creation of an additional lot, tract or parcel;
(c) The creation of a lot, tract or parcel that does not qualify as a buildable lot pursuant to this
code;
(d) The relocation of an entire lot, tract or parcel from one parent parcel into another parent
parcel.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the long subdivision to be inconsistent with
the decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application approval;
and
(c) The modification will not cause the long subdivision to violate any applicable county policy or
regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this section, or exceed
the criteria set forth in subsection (2) of this section, shall be processed as a new preliminary long
plat application. [Ord. 8-06 § 1]
18.35.350 Surety.
Subdivision applicants may be required to post a surety guaranteeing completion of subdivision
improvements within one year of final plat approval. The surety shall be for 200 percent of the cost of
construction of those improvements estimated by a licensed engineer. Surety shall be in a form
acceptable to Jefferson County. In the event that the applicant does not complete construction within
one year Jefferson County shall be authorized to complete the construction and pay for the work from
the surety account. Surety shall not be accepted for developing potable water sources. Surety may
only be released only after inspection by Jefferson County. [Ord. 8-06 § 1]
18.35.360 Director of public works certificate of improvements.
No permit for the construction of improvements within an approved subdivision shall be issued by the
county until the improvement method report, all construction drawings, proposed performance
guarantees, and other submittals in conformance with Chapter 18.30 JCC and any incorporated
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standards have been received and approved by the director of the department of public works. All
construction of improvements shall be inspected and approved in conformance with development
standards contained in Chapter 18.30 JCC and any incorporated standards. After completion of all
required improvements or the guarantee of the construction of all required improvements, the director
of the department of public works shall submit a certificate in triplicate to the administrator stating the
required improvements or guarantees are in accordance with the provisions of this chapter, the
preliminary plat, including the county’s decision approving the plat, and in accordance with the
development standards contained in Chapter 18.30 JCC and any incorporated standards. The
administrator shall submit one copy of the certification to the subdivider, together with a notice
advising the subdivider to prepare a final plat for the proposed subdivision. One copy of the certificate
shall be retained by the administrator. [Ord. 8-06 § 1]
18.35.370 Preparation of a final long plat.
The final long plat shall be prepared in accordance with the following requirements:
(1) The final plat shall be prepared by a land surveyor licensed by the state of Washington or a
Washington state licensed engineer.
(2) Six paper copies of the final long plat shall be submitted, measuring 18 inches by 24 inches in
size, allowing one-half inch for border.
(3) A final long plat shall contain the following information:
(a) The name of the subdivision;
(b) Legal description of the property being subdivided;
(c) Numeric scale, graphic scale, true north point and date of preparation of the final plat;
(d) The lot line of the plat, referenced to county (USC&GS) datum and based on an accurate
traverse, with angular and linear dimensions and bearings;
(e) The exact location, width and name of all roads, streets, alleys and other public ways within
and adjacent to the subdivision;
(f) The exact location, width and purpose of all easements and dedications for rights-of-way
provided for public and private services and utilities;
(g) True courses and distances to the nearest established road lines, or sections or quarter
section corner monuments which shall accurately locate the subdivision;
(h) Section lines accurately tied to the lines of the plat by distances and courses;
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(i) All lot and block numbers (if applicable) and lines, with accurate dimensions in feet and
hundredths of feet;
(j) All house address numbers as assigned by the county;
(k) Delineation of the building envelope of each lot;
(l) The radii, internal angles, points of curvature, tangent bearings and lengths of arc;
(m) The accurate location of each permanent control monument;
(n) All plat meander lines or reference lines along bodies of water shall be established as above,
but not farther than 20 feet from the high water line of such body;
(o) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public
use, with the purpose of such dedication or reservation and any limitations indicated thereon and
in dedication;
(p) Accurate outlines of any area to be reserved by the deed covenant for common use of
owners of property within the subdivision, together with the purposes of such reservation;
(q) Any restrictions or conditions on the lots or tracts within the subdivision, as required by the
county or at the discretion of the property owner, including, but not limited to, environmentally
sensitive areas buffers;
(r) The auditor’s file number of all documents and conveyances recorded with the Jefferson
County auditor associated with preliminary or final plat approval;
(s) The name and seal of the Washington State licensed land surveyor or Washington State
licensed engineer responsible preparation of the final plat, and a signed certification on the plat
by said surveyor to the effect that it is a true and correct representation of the land actually
surveyed by him or her, that the existing monuments shown thereon exist as located and that all
dimensional and geodetic details are correct;
(t) A signed, notarized certification stating that the subdivision has been made with the free
consent and in accordance with the desires of the all persons with ownership and/or security
interests in the property. If the plat includes a dedication, the certificate or a separate written
instrument shall contain the dedication of all roads and other areas to the public, any individual
or individuals, or to any corporation, public or private, as shown on the plat. Such certificate or
instrument shall be signed and acknowledged before a notary public by all parties having any
interest in the land subdivided. The owner shall waive all claims against the county, on behalf of
the owner and the owner’s successors and assigns, which may be occasioned by the
establishment and/or construction of any roads, streets, storm drainage improvements or other
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improvements;
(u) An offer of dedication may include a waiver of right of direct access to any road from any
property. Such waiver may be required by the director of the department of public works as a
condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be
considered as a quit claim deed to the said donee or grantee for use for the purpose intended by
the donation or grant;
(v) Signature blocks for the appropriate certification of the county auditor, director of the
department of public works, director of the public health department, and DCD administrator, as
follows:
DIRECTOR OF PUBLIC WORKS
CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in compliance with the
certificate of improvements issued pursuant to the Jefferson County Unified Development
Code and is consistent with all applicable county improvement standards and requirements
in force on the date of preliminary plat approval, this ____ day of _______________, 20__.
________________________________
Director, Jefferson County Department
of Public Works
DEPARTMENT OF COMMUNITY
DEVELOPMENT ADMINISTRATOR’S
CERTIFICATE
I hereby certify that on this _____ day of _______________, 20__, that this final plat is in
substantial conformance with the preliminary plat and any conditions attached thereto,
which preliminary plat was approved by Jefferson County on the _____ day of
______________, 20____.
_______________________________
Administrator, Jefferson County
Community Development Department
JEFFERSON COUNTY PUBLIC HEALTH DIRECTOR CERTIFICATE
Approved by public health department on this _____ day of ____________, 20__.
_______________________________
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Director, Jefferson County Public Health Dept.
TREASURER
All taxes and/or assessments due are paid in full on this ____ day of ___________, 20__.
_______________________________
Jefferson County Treasurer
(w) A form of the approval of the county assessor, as follows:
ASSESSOR’S APPROVAL
Examined and approved this _____ day of _______________, 20___.
_______________________________
Jefferson County Assessor
Attest:
_______________________________
Deputy Jefferson County Assessor
(x) A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of Jefferson County this _____ day of _____________, 20
____, at ________ minutes past __M., and recorded in Volume _____ of Plats, page _____
Records of Jefferson County, Washington.
Jefferson County Recording Number ___.
_______________________________
Manager
_______________________________
Superintendent of Records
(y) Any additional pertinent information as required at the discretion of the director of the
department of public works or the DCD administrator.
(4) All signatures or certifications appearing on a final plat shall in be reproducible black ink. [Ord. 8-
06 § 1]
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18.35.380 Accompanying documents – Final long plat.
(1) In cases where any deed covenants or restrictions, including any CC&Rs, will apply to lots or
parcels within a subdivision, a typewritten copy of such covenants bearing all necessary signatures
shall be submitted along with the final plat.
(2) The final plat shall be accompanied by a complete survey of the section or sections in which the
plat or replat is located, or as much thereof as may be necessary to properly orient the plat within
such section or sections. The plat and section survey shall be submitted with complete field and
computation notes, showing the original or re-established corners, with the description of the same,
and the actual traverse showing error or closure and method of balancing. A sketch showing all
distances, angles and calculations required to determine corners and distances of the plat shall
accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.
(3) The final plat shall be accompanied by a current (within 30 days) title company certification of:
(a) The legal description of the total parcel sought to be subdivided;
(b) Those individuals or corporations holding an ownership interest and any security interest
(such as deed of trust or mortgages) or any other encumbrances affecting the title of said parcel.
Such individuals or corporations shall sign and approve the final plat prior to final approval;
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s)
signing the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a description of
purpose and referenced by the auditor’s file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an
American Land Title Association (A.L.T.A.) title policy may be required by the director of the
department of public works.
(4) The applicant shall provide the director of the department of public works with a computer disk
containing a complete set of the final plat maps and as-built drawings on CADD(c) or other GIS-
compatible software as acceptable to the director of the department of public works.
(5) All documents submitted under this section shall contain the name of the subdivision and the name
and address of the subdivider.
(6) All maintenance, performance and guarantee bonds or other guarantees as may be required by the
director of the department of public works and the improvement method report to guarantee the
acceptability and/or performance of all improvements. For all improvements constructed after final
plat approval, reproducible as-built drawing and CADD(c) files shall be submitted within 15 days of
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completion of construction. [Ord. 8-06 § 1]
18.35.390 Final long plat application.
(1) Applications for final long plat approval shall be made on forms provided by the department along
with the fee established in the Jefferson County fee ordinance.
(2) Applications for final plat approval shall be processed according to the procedures for Type IV land
use decisions established in Chapter 18.40 JCC, and shall be approved, disapproved, or returned to
the applicant within 30 days of their filing, unless the applicant consents to an extension of time in
writing.
(3) Applications for final plat approval shall be submitted within five years of the date of the
preliminary plat approval.
(4) The final plat map shall be prepared in accordance with JCC 18.35.300 and 18.35.320.
(5) Prior to final approval, with the exception of the recording certificate, the applicant shall obtain all
signatures and certifications on the face of the plat in accordance with JCC 18.35.370. [Ord. 8-06 § 1]
18.35.400 Time limitation on final long plat submittal.*
The original and three copies of a final long plat meeting all requirements of Chapter 58.17 RCW shall
be transmitted by the administrator to the board of county commissioners within five years of the date
of the preliminary long plat approval. No extensions shall be granted. A plat granted preliminary
approval but filed for final long plat approval following the applicable time period shall be null and void.
The department of community development shall not be responsible for notifying the applicant of an
impending preliminary long plat expiration. [Ord. 8-06 § 1]
*Code reviser’s note: “Within five years” is now seven years until December 31, 2014, under state law
– go to: http://apps.leg.wa.gov/rcw/default.aspx?cite=58.17.140.
18.35.410 Effect of an approved final long plat – Valid land use.
Any lots in a final long plat filed for record shall be a valid land use notwithstanding any change in
zoning laws for a period of five years from the date of filing. A long subdivision shall be governed by
the terms of approval of the final long plat, and the statutes, ordinances and regulations in effect on
the date of preliminary long plat approval for a period of five years after final long plat approval unless
the board of county commissioners finds that a change in conditions creates a serious threat to the
public health or safety of residents within or outside the subdivision. [Ord. 8-06 § 1]
18.35.420 Distribution of copies and filing of final long plat.
The administrator shall distribute the original and copies of the approved final long plat as follows:
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(1) The original shall be returned to the applicant after it has been forwarded to the county auditor for
recording;
(2) Prior to the issuance of any building permits, one recorded reproducible copy shall be transmitted
to the director of the department of public works;
(3) One recorded paper copy shall be retained in the files of the department of community
development; and
(4) One recorded paper copy shall be provided to the building official for assignment of addresses.
[Ord. 8-06 § 1]
18.35.430 Transfer of ownership following final long plat approval.
Whenever any parcel of land lying within the county is divided under the provisions of this article
relating to long subdivisions, no person, firm, or corporation shall sell or transfer or advertise for sale
or transfer any such lot, tract or parcel without having first received final approval of the long plat and
having recorded the final long plat with the Jefferson County auditor. It is the responsibility of the
applicant to ensure that a final long plat is fully certified and filed for record with the Jefferson County
auditor prior to transferring ownership of any land. [Ord. 8-06 § 1]
18.35.440 Building and occupancy permits – Issuance after final long plat approval.
(1) No building permit for a structure other than a temporary contractor’s office or temporary storage
building shall be issued for a lot or parcel within an approved long subdivision prior to a determination
by the relevant fire district chief or designee that adequate fire protection and access for construction
needs exists.
(2) No building permit for a structure other than a temporary contractor’s office or temporary storage
building shall be issued for a lot or parcel within an approved long subdivision until the applicant
complies with the improvement method report, all requirements of the department of public works
certificate of improvements, and all requirements of the final plat approval.
(3) No occupancy permit for a structure other than a temporary contractor’s office or other approved
temporary building shall be issued for a structure on a lot or parcel within an approved long
subdivision prior to final inspection and approval of all required improvements which will serve such
lot or parcel to the satisfaction of the director of the department of public works and county building
official. [Ord. 8-06 § 1]
Article V. Binding Site Plans
18.35.450 Purpose.
The purpose of this article is to clearly delineate the criteria used by the county to review and approve
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binding site plans. A binding site plan is intended to provide an alternative means of dividing land. The
binding site plan process provides a means for certain types of land division applications to be
processed administratively based upon the development standards and regulations contained within
this code and any other applicable ordinances and regulations. Binding site plans tie a future
development to an approved set of conditions and site layout. [Ord. 8-06 § 1]
18.35.460 Scope.
This article shall only apply to one or more of the following:
(1) The use of a binding site plan to divisions of land for sale or lease of mixed use, commercial or
industrial zoned property where the applicant proposes a unified scheme of development;
(2) Divisions of property for residential, commercial or industrial condominium development as
provided for in JCC 18.35.470; and
(3) Planned rural residential developments (PRRDs) proposed under Article VI-M of Chapter 18.15
JCC where full short or long subdivision of the land into separate, legally segregated lots, tracts or
parcels is not required. [Ord. 8-06 § 1]
18.35.470 Condominiums.
For the purpose of approval of condominium developments, the provisions of this chapter regarding
short subdivision and long subdivision shall not apply if:
(1) A land division is proposed as a condominium and does not result in the subdivision of land into
separately owned lots in accordance with the definition for short or long subdivisions, but subjects a
portion of a lot, tract or parcel to Chapter 64.34 RCW (the “Condominium Act”) subsequent to the
recording of a binding site plan for all such land;
(2) The improvements constructed or to be constructed thereon are required by the provisions of the
binding site plan proposed for a condominium project;
(3) Jefferson County has approved a binding site plan for all such land; and
(4) The binding site plan contains the following statement:
All development and use of the land described herein shall be in accordance with this
binding site plan, as it may be amended with the approval of Jefferson County, and in
accordance with such other government permits, approvals, regulations, requirements, and
restrictions that may be imposed upon such land and the development and use thereof.
Upon completion, the improvements on the land shall be included in one (1) or more
condominiums or owned by an association or other legal entity in which the owners’
associations have a membership or other legal or beneficial interest. This binding site plan
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shall be binding upon all persons, businesses, corporations, partnerships or other entities
now or hereafter having any interest in the land described herein.
[Ord. 8-06 § 1]
18.35.480 Application submittal and contents.
To be considered complete, applications for binding site plan approval shall include the following
information:
(1) Applications for binding site plans shall be made on forms provided by the Jefferson County
department of community development and shall be submitted to the department of community
development, along with the appropriate fees established under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter
18.40 JCC;
(3) Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials required
pursuant to subsections (1) and (2) of this section, a binding site plan application for mixed use,
commercial or industrial proposals shall contain the same elements and information as a preliminary
long plat, in accordance with JCC 18.35.280, 18.35.290 and 18.35.300;
(4) Binding Site Plan for Residential Condominiums. In addition the materials required pursuant to
subsections (1) and (2) of this section, a binding site plan for residential condominiums shall conform
to the requirements of Chapter 64.34 RCW, the “Condominium Act.” The applicant shall submit a
sworn declaration from a registered land surveyor licensed in the state of Washington that all
requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The
county shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW,
but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies
of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches
and must be prepared by a registered surveyor licensed in the state of Washington. In addition to the
requirements of Chapter 64.34 RCW, the binding site plan map must include the following information:
(a) The name of the condominium project;
(b) Legal description of the entire parcel;
(c) The date, scale, and north arrow;
(d) Boundary lines, rights-of-way for roads, streets, easements, and property lines of lots, the
location of all open spaces, utilities, and other improvements with accurate bearings, dimensions
of angles and arcs, and of all curve data describing the location of all improvements;
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(e) Names and right-of-way widths of all roads or streets within the parcel and immediately
adjacent to the parcel. Street names shall be consistent with the names of existing adjacent
streets;
(f) Number of each lot and each block or division;
(g) Location, dimensions and purpose of any easements, noting if the easements are public or
private;
(h) Location and description of monuments, boundary corners set, and all lot corners set and
found;
(i) Datum elevations and primary control points approved by the department of public works.
Descriptions and ties to all control points will be shown with dimensions, angles, and bearings;
(j) A dedicatory statement acknowledging public and private dedications and grants;
(k) The statement required by JCC 18.35.470(4) must be on the face of the final binding site
plan; and
(l) Other restrictions, conditions, and requirements as deemed necessary by the county,
including all applicable development standards contained in Chapter 18.30 JCC and any
standards incorporated therein. [Ord. 8-06 § 1]
18.35.490 Binding site plan approval criteria.
(1) Binding site plans shall be approved upon showing that all of the following have been satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and federal zoning,
land use, environmental and health regulations and plans, including but not limited to the
following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed binding site
plan shall be made available, including open spaces, drainage ways, roads, streets and other
public ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools,
sidewalks and other improvements to assure safe walking conditions for students who walk to
and from school;
(c) The probable significant adverse environmental impacts of the proposed binding site plan,
together with any practical means of mitigating adverse impacts, have been considered such
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that the proposal will not have an unacceptable adverse effect upon the quality of the
environment, in accordance with the State Environmental Policy Act (SEPA) implementing
provisions contained within Chapter 18.40 JCC and Chapter 43.21C RCW;
(d) Approving the proposed binding site plan will serve the public use and interest and adequate
provision has been made for the public health, safety and general welfare.
(2) Notwithstanding the approval criteria set forth in subsection (1) of this section, a proposed binding
site plan may be denied because of flood, inundation or swamp conditions. Where any portion of the
proposed binding site plan lies within both a flood control zone, as specified by Chapter 86.16 RCW,
and either the 100-year floodplain or the regulatory floodway, the county shall not approve the binding
site plan unless:
(a) The applicant has demonstrated to the satisfaction of the administrator that no feasible
alternative exists to locating lots and building envelopes within the 100-year floodplain; and
(b) It imposes a condition requiring the applicant to comply with Article VI-F of Chapter 18.15
JCC and any written recommendations of the Washington State Department of Ecology. In such
cases, the county shall issue no development permit associated with the proposed binding site
plan until flood control problems have been resolved. [Ord. 8-06 § 1]
18.35.500 Binding site plan review process.
(1) An application for a binding site plan approval shall be processed according to the procedures for
Type III land use decisions established in Chapter 18.40 JCC.
(2) The administrator shall solicit comments from the director of the department of public works, the
chief of the fire district in which the proposal is located, local utility providers, sheriff, building official,
school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile
of a city or other jurisdiction, Washington State Department of Transportation if the proposal is
adjacent to a state highway, and any other local, state or federal officials as may be necessary.
(3) Based upon comments from county departments and applicable agencies, and other information,
the administrator shall review the proposal subject to the criteria of JCC 18.35.490. A proposed
binding site plan shall only be approved when consistent with all the provisions of JCC 18.35.490.
Binding site plan approval may be based upon certain delineated conditions. The county shall make
written finding and conclusions documenting compliance with all approval criteria. A binding site plan
shall be granted preliminary approval only, until all improvements are installed or the county has
received adequate guarantees or assurances of future installation of improvements.
(4) Upon satisfying all conditions of approval, if any, and satisfying all requirements of Chapter 18.30
JCC and any incorporated standards for the installation of all improvements, the administrator shall
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administratively approve the final binding site plan for filing with the Jefferson County assessor. The
final binding site plan shall conform to the requirements of JCC 18.35.370 and 18.35.380, as
applicable.
(5) For all condominium projects, prior to final approval, the applicant shall obtain the written approval
from the Jefferson County assessor of the condominium CC&Rs. [Ord. 8-06 § 1]
18.35.510 Binding site plan development standards.
Binding site plans shall conform to the development standards contained in Article VI of this chapter.
[Ord. 8-06 § 1]
18.35.520 Modifications and vacations.
Binding site plans may be modified or vacated subject to the following:
(1) Binding site plans may be modified only if the modification is minor in nature and the original intent
of the recorded binding site plan is not changed and if the modification does not adversely impact
public health and safety, the environment, or the delivery of services to the site. The proposed
modification must be clearly shown and be accompanied by a letter of explanation and application for
a plat alteration. Upon administrative approval of such modification, the modifications shall become
part of the binding site plan. If the proposed modification constitutes a substantial modification, the
proposal shall be processed as a new binding site plan application.
(2) Prior to issuance of any building permit or other site development permits, including, but not
limited to, clearing and grading permits, a binding site plan may be vacated as a whole only. Vacating
a binding site plan releases all conditions and obligations on the parcel associated with such plan. A
binding site plan may be vacated with the submission to DCD of a letter of intent to vacate the binding
site plan. The letter shall become binding upon its acceptance by the administrator. If the binding site
plan has been recorded with the Jefferson County auditor, notice of the vacation shall be recorded on
forms acceptable to the Jefferson County auditor.
(3) After issuance of any building or other site development permits, including, but not limited to,
clearing and grading permits, the process for vacation of all or part of a binding site plan is identical to
the process for initial binding site plan approval. [Ord. 8-06 § 1]
18.35.530 Distribution of copies and filing.
(1) Upon approval, a binding site plan shall follow the procedures of JCC 18.35.420.
(2) After approval of the general binding site plan for commercial or industrial divisions, the approval
for improvements and finalization of specific individual commercial and industrial lots shall be done by
administrative approval. [Ord. 8-06 § 1]
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18.35.540 Time limit.
The applicant or owner of the property subject to a binding site plan shall obtain all permits for the
development of a site within five years of its recording under JCC 18.35.530. If the applicant fails to
obtain all permits within five years, no site development permits shall be issued until the applicant
files a new application and obtains binding site plan approval in accordance with this article. [Ord. 8-
06 § 1]
18.35.550 Extinguishment of binding site plans with preliminary approval prior to UDC
adoption.
The applicant or owner of a property subject to a binding site plan having preliminary approval prior to
the initial adoption date of this Unified Development Code (UDC) shall obtain final approval of the
binding site plan within two years of the initial adoption of this code. If the applicant fails to obtain final
binding site plan approval within two years, no site development permits shall be issued until the
applicant files a new application and obtains binding site plan approval in accordance with this article.
[Ord. 8-06 § 1]
18.35.560 Effect of final binding site plan approval.
(1) All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on
the purchaser of any other person acquiring a lease or other legal or property interest of any lot, tract,
or parcel created pursuant to the binding site plan.
(2) Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan, that
does not conform to the requirements of the binding site plan, or without binding site plan approval,
shall be considered a violation of this article. [Ord. 8-06 § 1]
Article VI. Subdivision Development Standards
18.35.570 Requirements for improvements.
All improvements shall be designed and constructed in conformance with the development standards
contained in this article, as well as Chapter 18.30 JCC and any standards incorporated therein. Prior
to construction of any improvements, as approved upon the preliminary plat or binding site plan, the
subdivider shall furnish construction plans. These plans must be prepared, signed, dated and stamped
by a Washington State licensed civil engineer and shall be in accordance with the standards
contained in Chapter 18.30 JCC. The construction plans must be reviewed and approved by the
county prior to construction. [Ord. 8-06 § 1]
18.35.580 Transportation and drainage standards.
(1) Transportation Standards – Generally. All divisions of land covered by this chapter shall be served
by appropriate transportation facilities, including roads and facilities for transit, pedestrians, and
bicycles. Transportation facilities shall be adequate both the serve the division of land and to avoid
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adverse effects to the existing transportation system. If transportation facilities are inadequate, the
applicant shall be required to make provision for all necessary improvements. Transportation facilities
shall be deemed adequate if necessary improvements are planned and designated funding is secured
in the Six-Year Transportation Improvement Program.
(2) Road and Drainage Design and Construction Standards.
(a) All roads serving two or more lots shall comply with the road design and construction
standards specified in JCC 18.30.080;
(b) A drainage analysis shall be performed in conformance with JCC 18.30.070, and drainage
systems shall be designed to the standards set forth in JCC 18.30.060(2) and 18.30.070. [Ord.
8-06 § 1]
18.35.590 Responsibility for road improvements.
Where reasonably necessary to mitigate the direct impacts of the proposed division of land and/or to
meet safety requirements, off-site road improvements may be required as a condition of approval
under this chapter. When required, the applicant shall bear the sole responsibility to make such off-
site road improvements. [Ord. 8-06 § 1]
18.35.600 Health standards.
The following health standards apply to all divisions of land governed by this chapter:
(1) Water. All divisions of land shall comply with the requirements established by the Jefferson
County department of health for the provision of water;
(2) Wastewater Disposal. All divisions of land shall comply with the requirements established by the
Jefferson County department of health for wastewater disposal; and
(3) Storm Drainage. Stormwater flows from land divisions shall not adversely affect critical aquifer
recharge areas. All divisions of land shall meet the regulations for critical aquifer recharge areas
contained in Article VI-E of Chapter 18.15 JCC. [Ord. 8-06 § 1]
18.35.610 Fire and utility standards.
All divisions of land governed by this chapter shall meet the fire protection and improvement
standards adopted by Jefferson County. [Ord. 8-06 § 1]
18.35.620 Plan review, inspection and fees.
The department of community development and department of public works are responsible for
reviewing all engineering drawings and for the supervision, inspection and acceptance of all
subdivision improvements, and shall charge the subdivider the applicable fees as set forth in the
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Jefferson County fee ordinance. [Ord. 8-06 § 1]
18.35.630 Release of improvement guarantee.
If an improvement bond or other guarantee has been submitted, such guarantee shall be released in
accordance with the development standards contained in Chapter 18.30 JCC. [Ord. 8-06 § 1]
18.35.640 Floods and flood control.
The county may disapprove a proposed subdivision because of flood, inundation or regulated wetlands
if the county finds that such condition poses a threat to the public health, safety or general welfare.
Where any portion of the proposed subdivision lies within both a flood control zone, as specified by
Chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the county shall
impose a condition on the preliminary plat requiring the subdivider to conform to the Federal
Emergency Management Agency (FEMA) flood hazard requirements. In such cases, no development
permit associated with the proposed subdivision shall be issued by the county until said FEMA
requirements have been met. Where feasible, the county may require that all lots and/or building
envelopes be located outside the 100-year floodplain. The county may also require dedication of land
to any public body and/or the construction of improvements and may impose other conditions
necessary to protect against flooding or inundation. [Ord. 8-06 § 1]
18.35.650 Additional requirements.
The standards or requirements established in this chapter and Chapter 18.30 JCC are minimum
requirements. These standards may be increased and additional requirements may be imposed for the
purpose of mitigating identified probable significant adverse environmental impacts pursuant to the
State Environmental Policy Act (SEPA), Chapter 43.21C RCW, as now established or hereafter
amended. Such additional requirements may include, but are not limited to, off-site improvements to
any public facility, the dedication and/or improvement of parks and open spaces, and contributions to
any county fund established to finance the provision of public services required by subdivision. [Ord.
8-06 § 1]
18.35.660 Phased subdivision.
Preliminary plat approval must be granted for the entire subdivision and must delineate the separate
divisions that are to be developed in phased increments. Where the preliminary plat approval is
conditioned upon completion of the proposed phases in a particular sequence, the preliminary plat
approval shall specify a completion date for each phase. Final plat approval may be granted for each
separate phase of the preliminary plat. Any changes at the preliminary plat stage will require approval
in accordance with JCC 18.35.340. [Ord. 8-06 § 1]
Article VII. Plat Alteration
18.35.670 Purpose.
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(1) To allow modifications to approved short plats, binding site plans, and subdivisions including:
(a) The creation of additional lots within an existing subdivision or short plat containing four or
fewer lots within five years of final approval;
(b) Revision of lot lines, notes, notice to purchasers, or easements established in a recorded
plat;
(c) Vacation, in whole or in part, of a subdivision, binding site plan, mobile home park, RV park,
short subdivision, or large lot subdivision.
(2) This section does not apply to alteration or replatting of any plat of state-granted tide or shore
lands. [Ord. 8-06 § 1]
18.35.680 Application submittal and contents.
To be considered complete, applications for plat alterations shall include the following:
(1) Applications for plat alterations shall be made on forms provided by the Jefferson County
department of community development and shall be submitted to the department of community
development, along with the appropriate fees established under the Jefferson County fee ordinance;
(2) A completed land use permit application form, including all materials required pursuant to Chapter
18.40 JCC;
(3) Current title company certification/plat certificate.
(a) For a plat vacation, signatures of all parties having an ownership interest, including deeds of
trust, in that portion of the short plat, long plat, or binding site plan subject to the proposed
vacation; or
(b) For a plat alteration or replat, signatures of a majority of those parties having an ownership
interest, including deeds of trust, of the lots, tracts, parcels, sites or divisions in the subject
short plat, long plat or binding site plan, or portion to be altered; or
(c) For a plat alteration affecting open space, easements, or public or private rights-of-way
signatures of all parties that make use of the portion being altered;
(4) A copy of any covenants, conditions, and restrictions (CC&Rs), deed restrictions, easements,
planned rural residential development (PRRD) agreements, or other encumbrances restricting the use
of the property;
(5) Five paper copies of the plat map and any surveys of record, with proposed alteration(s) or
vacation(s) depicted in red ink. [Ord. 8-06 § 1]
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18.35.690 Review process and criteria.
(1) An application for a plat amendment shall be processed according to the procedures for Type II
land use decisions established in Chapter 18.40 JCC and the criteria listed in RCW 58.17.215;
(2) Notice shall be given to the affected parties, a public hearing may be requested by a person
receiving notice within 14 days of receipt of notice. When a public hearing is requested the application
shall be processed according to the procedures for Type III decisions established in Chapter 18.40
JCC and the criteria listed in RCW 58.17.215;
(3) The administrator shall solicit comments from the director of the department of public works, the
chief of the fire district in which the proposal is located, local utility providers, sheriff, building official,
school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile
of a city or other jurisdiction, Washington State Department of Transportation if the proposal is
adjacent to a state highway, and any other local, state or federal officials as may be necessary;
(4) Based on comments from county departments, applicable agencies and other information, the
administrator shall review the proposal subject to the criteria contained in this section. A proposed
plat amendment shall only be approved when consistent with all the provisions of JCC 18.35.690 and
RCW 58.17.215. [Ord. 8-06 § 1]
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Chapter 18.40
PERMIT APPLICATION AND REVIEW PROCEDURES/SEPA IMPLEMENTATION
Sections:
Article I. Types of Project Permits
18.40.010 Purpose.
18.40.020 Procedures for processing project development permit applications.
18.40.030 Determination of proper type of procedure.
18.40.040 Project permit application framework.
18.40.050 Joint public hearings (other public agency hearings).
18.40.060 Legislative enactments.
18.40.070 Legislative enactments not restricted.
18.40.080 Exemptions from project permit processing.
Article II. Project Permit Applications (Type I – IV)
18.40.090 Preapplication conference.
18.40.100 Development permit application.
18.40.110 Submission of acceptance of application determination of completeness – Additional
information and project revision.
18.40.120 Referral and review of development permit applications.
18.40.130 Scope of project review.
18.40.140 Project consistency.
Article III. Public Notice Requirements
18.40.150 Public notice – Generally.
18.40.160 Notice of application – When required.
18.40.170 Notice of application – Time of issuance.
18.40.180 Notice of application – SEPA exempt projects.
18.40.190 Notice of application – Contents.
18.40.200 Notice of application – SEPA integration.
18.40.210 Notice of application – Mailing, publication, and posting requirements.
18.40.220 Notice of application – Public comment.
18.40.230 Notice of public hearing.
18.40.240 Additional public notice requirements – Type III preliminary plat actions.
18.40.250 Optional additional public notice.
Article IV. Project Review and Approval Processes
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18.40.260 Administrative approvals without notice (Type I).
18.40.270 Administrative approval subject to notice (Type II).
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II
decisions).
18.40.290 Board of county commissioners action (Type IV decisions).
18.40.300 Procedures for public hearings.
18.40.310 Reconsideration.
18.40.320 Final decision.
Article V. Appeals
18.40.330 Administrative appeals.
18.40.340 Judicial appeals.
Article VI. Unified Development Code Interpretation
18.40.350 Purpose.
18.40.360 Submission requirements.
18.40.370 Administrator’s decision.
18.40.380 Time limitation and enforcement.
18.40.390 Appeals of administrator’s interpretations.
18.40.400 Judicial appeal.
Article VII. Site Plan Approval Advance Determinations
18.40.410 Purpose.
18.40.420 Scope.
18.40.430 Application requirements.
18.40.440 Application review.
18.40.450 Approval criteria.
18.40.460 Duration of approval.
18.40.470 Limitations on approval.
18.40.480 Modifications to an approved site plan.
Article VIII. Conditional Uses
18.40.490 Purpose.
18.40.500 Scope.
18.40.510 Application submittal and contents.
18.40.520 Conditional use permit types – Review processes.
18.40.530 Approval criteria for all conditional uses.
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18.40.540 Additional conditions.
18.40.550 Use of property before final decision.
18.40.560 Effective period – Expiration.
18.40.570 Modification of a conditional use permit.
18.40.580 Conditional use permit to run with the land.
18.40.590 Permit suspension or revocation.
18.40.600 Assurance device.
Article IX. Variances (Minor and Major)
18.40.610 Purpose.
18.40.620 Scope.
18.40.630 Application submittal and contents.
18.40.640 Variance types – Review processes.
18.40.650 Approval criteria.
18.40.660 Additional conditions.
18.40.670 Limitation on authority.
18.40.680 Effective period – Expiration.
18.40.690 Assurance device.
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.700 Authority.
18.40.710 Purpose.
18.40.720 Responsible official – Decision-making authority.
18.40.730 Lead agency determination and responsibilities.
18.40.740 Initiation of SEPA review – Limitations on actions during review.
18.40.750 Categorically exempt actions – Use of existing documents and analyses.
18.40.760 Analysis of nonexempt project and nonproject actions.
18.40.770 Substantive authority.
18.40.780 Public notice and comment.
18.40.790 Public hearings and meetings.
18.40.800 Environmentally sensitive areas.
18.40.810 Appeals.
Article XI. Development Agreements
18.40.820 Purpose.
18.40.830 General requirements.
18.40.840 Development standards to be addressed.
18.40.850 Procedures.
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18.40.860 Effect.
Article I. Types of Project Permits
18.40.010 Purpose.
Articles I through VI of this Unified Development Code are a mechanism for implementing the
provisions of Chapter 36.70B RCW (the Local Project Review Act) regarding compliance, conformity,
and consistency of proposed projects with the Jefferson County Comprehensive Plan and
development regulations.
(1) Given the extensive investment that public agencies and a broad spectrum of the public have
made and will continue to make in Jefferson County’s Comprehensive Plan and development
regulations, it is essential that project review start from the fundamental land use planning choices
made in the Comprehensive Plan and regulations. If the Comprehensive Plan or regulations identify
the type of land use, specify density and identify and provide for the provision of public facilities
needed to review the proposed development and site, these decisions, at a minimum, provide the
foundation for further project review unless there is a question of code interpretation. The project
review process, including the environmental review process under Chapter 43.21C RCW and the
consideration of consistency, should start from this point and should not reanalyze these land use
planning decisions in making a permit decision, unless the county finds that the Comprehensive Plan
and regulations do not fully foresee site-specific issues and impacts identified through land use
project application review.
(2) Comprehensive plans and development regulations adopted by the county under Chapter 36.70A
RCW (the Growth Management Act), sub-area plans, and environmental policies, laws and rules
adopted by the county, the state, and the federal government address a wide range of environmental
subjects and impacts. These provisions typically require environmental studies and contain specific
standards to address various impacts associated with a proposed development (e.g., building size
and location, drainage, transportation requirements, and protection of environmentally sensitive
areas). When the county applies these existing requirements to a proposed project, some or all of a
project’s potential environmental impacts may be avoided or otherwise mitigated. Through the
integrated project review process described in Articles I through V of this chapter, the administrator
will determine whether existing requirements, including the applicable regulations or plans, adequately
analyze and address a project’s environmental impacts. Project review generally should not require
additional studies and mitigation under Chapter 43.21C RCW where existing regulations adequately
address a proposed project’s probable significant adverse environmental impacts. Development
regulations enable project review through the application of established scientific standards, required
studies and standard mitigation measures. [Ord. 8-06 § 1]
18.40.020 Procedures for processing project development permit applications.
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For the purpose of project permit processing under this code, all development permit applications
shall be classified as one of the following: Type I, Type II, Type III, or Type IV. Legislative decisions
are classified as Type V actions and are addressed in Chapter 18.45 JCC. Exemptions from the
requirements of project permit application processing are set forth in JCC 18.40.080. [Ord. 8-06 § 1]
18.40.030 Determination of proper type of procedure.
(1) Determination by the Administrator. The administrator shall determine the proper procedure for all
development applications. If there is a question as to the appropriate type of procedure, the
administrator shall resolve it in favor of the higher numbered procedure type, except as specifically
authorized for discretionary conditional use permits under JCC 18.40.520(2).
(2) Optional Consolidated Permit Processing. An application that involves two or more procedures
may be processed collectively under the highest numbered procedure required for any part of the
application or processed individually under each of the procedures identified by this code. The
applicant may determine whether the application shall be processed collectively or individually. If the
application is processed under the individual procedure option, the highest numbered type procedure
must be processed prior to the subsequent lower numbered procedure.
(3) Decision-maker(s). The board of county commissioners is the highest decision-maker, followed by
the hearing examiner and the administrator. Joint public hearings with other agencies shall be
processed in accordance with JCC 18.40.050.
(4) Administrator. Upon issuance of a determination of completeness as described in JCC 18.40.110,
the administrator shall assign a project planner to the project who will coordinate and be responsible
for all phases of development application administration.
(5) SEPA Review. Project review conducted pursuant to the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW, shall occur concurrently with project review. The SEPA review process,
including all public comment procedures, is set forth in Article X of this chapter. Nothing contained in
Articles I through V of this chapter shall be construed as restricting the need for full environmental
review in accordance with Articles VI-C through VI-K of Chapter 18.15 JCC, and Article X of this
chapter. [Ord. 8-06 § 1]
18.40.040 Project permit application framework.
Table 8-1. Permits – Decisions
Type I1 Type II Type III Type IV Type V
Septic permits Classification of
unnamed and
discretionary uses
under Article II of
Reasonable
economic use
variances under
JCC 18.15.220
Final
plats
under
Chapter
Special use
permits under
JCC 18.15.110
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Chapter 18.15 JCC 18.35
JCC
Allowed uses
not requiring
notice of
application (e.g.,
“Yes” uses
listed in Table 3-
1 in JCC
18.15.040,
building permits,
etc.)
Release of six-year
FPA moratorium for
an individual single-
family residence
under JCC
18.20.160
PRRDs under
Article VI-M of
Chapter 18.15 JCC
and major
amendments to
PRRDs under JCC
18.15.545(3)
Final
PRRDs
under
Article
VI-M of
Chapter
18.15
JCC
Jefferson
County
Comprehensive
Plan
amendments
under Chapter
18.45 JCC
Minor
amendments to
planned rural
residential
developments
(PRRDs) under
JCC 18.15.545
Cottage industries
under JCC
18.20.170
Shoreline
substantial
development
permits for
secondary uses,
and conditional and
variance permits
under the Jefferson
County Shoreline
Master Program
(SMP)
Amendments to
development
regulations
including
amendments to
this UDC and
the Land Use
Districts Map
Home
businesses
approved under
JCC 18.20.200
Short subdivisions
under Article IV of
Chapter 18.35 JCC
Plat alterations and
vacations under
JCC 18.35.030(3)
Amendments to
the Jefferson
County SMP
Temporary
outdoor use
permits under
JCC 18.20.380
Binding site plans
under Article V of
Chapter 18.35 JCC
Long subdivisions
under Article V of
Chapter 18.35 JCC
Subarea and
utility plans and
amendments
thereto
Stormwater
management
permits under
JCC 18.30.070
Administrative
conditional use
permits under JCC
18.40.520(1) [i.e.,
listed in Table 3-1
in JCC 18.15.040
as “C(a)”]
Discretionary
conditional use
permits under JCC
18.40.520(2) [i.e.,
listed in Table 3-1
in JCC 18.15.040
as “C(d)”] where
Development
agreements and
amendments
thereto under
Article XI of this
chapter
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required by
administrator
Road access
permits under
JCC 18.30.080
Discretionary
conditional use
permits under JCC
18.40.520(2) [i.e.,
listed in Table 3-1
in JCC 18.15.040
as “C(d)”] unless
Type III process
required by
administrator
Conditional use
permits under JCC
18.40.520(3) (i.e.,
uses listed in Table
3-1 in JCC
18.15.040 as “C”)
Master plans for
master planned
resorts
Sign permits
under JCC
18.30.150
Minor variances
under JCC
18.40.640(1)
Major variances
under JCC
18.40.640(2)
Boundary line
adjustments
under Article II
of Chapter 18.35
JCC
Shoreline
substantial
development
permits for primary
uses under
Jefferson County
SMP
Wireless
telecommunications
permits under JCC
18.20.130 and
Chapter 18.42 JCC
Minor
adjustments to
approved
preliminary
short plats
under JCC
18.35.150
Wireless
telecommunications
permits under JCC
18.20.130 and
Chapter 18.42 JCC
Major industrial
development
conditional use
approval under
Article VIII of
Chapter 18.15 JCC
Forest practices
release of a
moratorium under
Chapter 18.20 JCC
Minor
amendments to
approved
preliminary long
plats under JCC
18.35.340
Small-scale
recreation and
tourist (SRT) uses
in SRT overlay
district under JCC
18.15.572.
Plat alterations
Site plan
approval
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advance
determinations
under Article VII
of this chapter
under JCC
18.35.670.
Appeals of
enforcement
actions under
Chapter 18.50 JCC
Exemptions
under the
Jefferson
County SMP
Revisions to permits issued under the Jefferson County SMP
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to
the notice requirements of JCC 18.40.150
through 18.40.220 and Article X of this chapter (the SEPA integration section).
Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I –
IV)Legislative
Type I Type II Type III Type IV Type V
Recommendation
made by:
Project
planner
Project
planner
Project
planner
N/A Planning
commission1
Final decision
made by:
Administrator Administrator Hearing
examiner
Board of
county
commissioners
Board of county
commissioners
Notice of
application:
No Yes Yes No N/A
Open record
public hearing:
No Only if
administrator’s
decision is
appealed,
open record
hearing before
hearing
examiner
Yes,
before
hearing
examiner,
prior to
permit
decision
by the
hearing
examiner
No Yes, before
planning
commission to
make
recommendation
to board of
county
commissioners
Closed record
appeal/final
decision:
No No No N/A Yes, or board of
county
commissioners
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could hold its
own hearing
Judicial appeal:Yes Yes Yes Yes Yes 2
1Type V land use actions are subject to review and recommendation by
the planning commission. However, utility plans and moratoria and
interim zoning controls adopted under RCW 36.70A.390 are not subject
to review and consideration by the planning commission.
2Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington
Growth Management Hearings Board (WWGMHB) is authorized to hear
and determine petitions alleging that the county is not in compliance with
the requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it
relates to the adoption of the Shoreline Master Program, or Chapter
43.21C RCW as it relates to plans, development regulations, or
amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW.
Direct judicial review may also be obtained pursuant to RCW
36.70A.295.
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice
requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration
section).
SUMMARY OF DECISION-MAKING
Type I:In most cases, administrative without notice. However, if a Type I
permit is not categorically exempt under SEPA, then, administrative
with notice.
Type II:Administrative with notice. Final decision by administrator unless
appealed. If appealed, open record hearing and final decision by hearing
examiner.
Type III:Notice and open record public hearing before the hearing examiner.
Final decision by hearing examiner. Appeal to superior court.
Type IV:Closed record decision by board of commissioners during a regular
public meeting. Type IV decisions are purely ministerial in nature (see
Article IV of Chapter 18.35 JCC).
Type V:Except for utility plans, notice and public hearing before planning
commission, with planning commission recommendation to board of
commissioners. Notice of public hearings provided prior to final
legislative decisions (see Chapter 18.45 JCC).
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[Ord. 8-06 § 1]
18.40.050 Joint public hearings (other public agency hearings).
(1) Administrator’s Decision to Hold Joint Public Hearings. The administrator may combine any public
hearing on a project permit application with any hearing that may be held by another local, state,
regional, federal, or other agency on the proposed action, as long as the hearing is held within the
county and the requirements of subsection (3) of this section are met.
(2) Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a
permit application be combined as long as the joint hearing can be held within the time periods set
forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional
time is needed in order to complete the hearings.
(3) Prerequisites to a Joint Hearing. A joint public hearing may be held with another local, state,
regional, federal or other agency and the county, as long as:
(a) The other agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice
requirements as set forth in statute, ordinance or rule; and
(c) The agency has received the necessary information about the proposed project from the
applicant in enough time to hold its hearing at the same time as the local government hearing.
[Ord. 8-06 § 1]
18.40.060 Legislative enactments.
(1) Decision. The following decisions are legislative, and are not subject to the procedures in this
chapter, unless otherwise specified:
(a) Unified Development Code text, and land use district amendments (i.e., Land Use Map
amendments);
(b) Area-wide rezones to implement county policies contained within the Jefferson County
Comprehensive Plan and amendments thereto;
(c) Adoption of the Jefferson County Comprehensive Plan and any plan amendments;
(d) Shoreline master program adoption and amendments; and
(e) All other master land use, subarea, functional and/or utility plans and amendments thereto.
(2) Procedures. Except as otherwise provided in this chapter, the procedures for the legislative
decisions specified in this chapter are set forth in Chapter 18.45 JCC. [Ord. 8-06 § 1]
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18.40.070 Legislative enactments not restricted.
Nothing in this chapter shall limit the authority of the county to make changes to the Jefferson County
Comprehensive Plan as part of an annual revision process, this Unified Development Code or any of
the county’s other development regulations, or to undertake any other legislative actions. [Ord. 8-06
§ 1]
18.40.080 Exemptions from project permit processing.
(1) Applicability. Whenever a permit or approval in the Jefferson County Unified Development Code
has been designated as a Type II, III or IV permit, the procedures set forth in Articles I through IV of
this chapter shall be followed in project permit processing. The following permits or approvals are
specifically excluded from the procedures set forth in this chapter:
(a) Landmark designations;
(b) County road vacations; and
(c) As authorized under RCW 43.21C.031 (2)(a), public works projects identified as planned
actions in the Jefferson County Comprehensive Plan or any amendments thereto. Planned
actions are those public or private projects specifically identified by county ordinance or
resolution adopted after environmental review conducted in conjunction with the adoption or
annual amendment of the Comprehensive Plan.
(2) Exemptions. If categorically exempt under SEPA, Chapter 42.31C RCW, Type I permits shall not
be subject to the following provisions contained in this chapter1:
(a) The notice of application requirements of JCC 18.40.150 through 18.40.220;
(b) Except as provided in RCW 36.70B.140, optional consolidated project permit review
processing under JCC 18.40.030(2);
(c) Joint public hearings under JCC 18.40.050; and
(d) A single report stating that all decisions and recommendations made as of the date of the
report on all project permits included in the consolidated permit process that do not require an
open public record predecision hearing and any recommendations on project permits that do not
require an open record predecision hearing, as further set forth in RCW 36.70B.060(5).
(3) Notice of Decision. Unless the applicant waives the time deadlines in writing, all Type I permits
shall be processed within 120 calendar days after the applicant files a complete application, subject to
JCC 18.40.110. [Ord. 8-06 § 1]
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Article II. Project Permit Applications (Type I – IV)
18.40.090 Preapplication conference.
(1) Purpose. Preapplication conferences provide a prospective applicant and the county the
opportunity to determine if and how the regulations (e.g., environmentally sensitive areas and SEPA)
may apply, an opportunity to acquaint the applicant with the requirements of the Jefferson County
Unified Development Code, and to discuss, if applicable, how the applicant may modify the scope and
design of the project to reduce or avoid restrictions which may be imposed by the county.
(2) When Required. Preapplication conferences are required for all Type II, Type III, Type IV and Type
V project applications and Type I project applications proposing impervious surfaces of 10,000 square
feet or more and/or non-single-family structures of 5,000 square feet or more. Additionally,
preapplication conferences are required for critical area stewardship plan applications. Preapplication
conferences for all other types of applications are optional, and requests for conferences will be
considered by the administrator on a time-available basis.
(3) Scheduling and Conceptual Design Review. The conference shall be held within 15 calendar days
of the request and payment of the fee set forth in the Jefferson County fee ordinance. Upon payment
of the fee, the applicant shall submit to DCD a preliminary sketch or conceptual design that illustrates
the applicant’s generalized ideas of the proposal. This should include approximate lot lines, general
topography of the site, suggested vehicle access to the site, and provision of utilities. Final drawings
are discouraged at this preapplication stage. Additionally, the applicant shall identify all land uses on
adjacent properties and all platted and opened roads serving the site.
(4) Information Provided to Applicant. At the conference, the administrator shall provide the applicant
with:
(a) A list of the requirements for a completed application;
(b) A general summary of the procedures to be used to process the application;
(c) The references to the relevant code provisions or development standards that may apply to
the approval of the application; and
(d) A list of any applicable hourly review fees that may be charged by one or more county
agencies upon the filing of a project permit application with the county.
(5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all
potential issues. The discussions at the conference or the information provided by the administrator
shall not bind or prohibit the county’s future application or enforcement of all applicable laws and
regulations. No statements or assurances made by county representatives shall in any way relieve
the applicant of his or her duty to submit an application consistent with all relevant requirements of
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county, state and federal codes, laws, regulations and land use plans. [Ord. 3-13 § 1]
18.40.100 Development permit application.
(1) Information Required for All Applications. Applications for project permit decisions shall be
submitted upon forms provided by the administrator. A project permit application is complete when it
meets the submission requirements of this section. An application shall consist of all materials
required by the relevant section of this code or other applicable county ordinance or regulation, and
shall also include the following general information:
(a) A completed project permit application form, including a SEPA checklist unless categorically
exempt from SEPA;
(b) A verified statement by the applicant that the property affected by the application is in the
exclusive ownership of the applicant, or that the applicant has submitted the application with the
written consent of all owners of the affected property, and proof of ownership of the property;
(c) Identification of a single contact person or entity to receive determinations and notices
required by this code;
(d) A legal description of the site, including the Jefferson County assessor’s parcel number;
(e) The applicable fee as set forth in the Jefferson County fee ordinance;
(f) For each building permit necessitating potable water, evidence of available and adequate
water supply and, if applicable, compliance with the requirements established by the Jefferson
County department of health for the provision of water; evidence may be in the form of a water
right permit from the Department of Ecology, or another form sufficient to verify the existence of
an adequate water supply;
(g) Evidence of septic approval, a valid pending septic application, or sewer availability and, if
applicable, compliance with the requirements established by the Jefferson County department of
health for wastewater disposal;
(h) A site plan, showing the location of all proposed lots and points of access and identifying all
easements, deeds, restrictions or other encumbrances restricting the use of the property, if
applicable. All information should be accurate, legible and generally should be drawn to a scale
no smaller than one inch equals 50 feet for a plot larger than one acre and no smaller than one
inch equals 25 feet for a plot one acre or smaller; and
(i) Identification of other local, state and federal permits required for the proposal, to the extent
known by the applicant.
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(2) Commercial, Industrial, Multifamily and Small-Scale Recreational and Tourist Uses – Additional
Application Requirements. In addition to the general information required under subsection (1) of this
section, all building permit applications involving commercial, industrial, multifamily, and small-scale
recreational and tourist uses listed in Table 3-1 in JCC 18.15.040 shall include a site plan prepared by
a civil engineer, architect or landscape architect licensed in the state of Washington that includes or
graphically depicts the following information:
(a) Compass direction and graphic scale;
(b) Total gross acreage;
(c) Proposed and existing structures including building envelopes and building setback lines;
(d) Distances between all proposed and existing buildings;
(e) All proposed or existing uses;
(f) The layout of an internal vehicular and pedestrian circulation system, including proposed
ingress and egress for vehicles and roadway widths, and additional right-of-way if required on
substandard roads;
(g) The location of significant geographic features on the site and immediately adjoining
properties;
(h) Corner grades and existing contours of topography at five-foot contour intervals;
(i) Proposed development or use areas;
(j) Property lines, adjoining streets, and immediately adjoining properties and their ownership;
(k) Existing and proposed grades and volume and deposition of excavated material;
(l) A preliminary drainage plan;
(m) Locations of all existing and proposed utility connections;
(n) Parking spaces and driveways;
(o) Proposed landscaping; and
(p) The location and extent of wetlands, floodplains and other environmentally sensitive areas.
(3) Additional Application Requirements. In addition to the information required under subsections (1)
and (2) of this section, the administrator may require additional information or studies in order for the
application to be considered complete. Such information may include, but is not necessarily limited to,
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the following:
(a) A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed
in phases;
(b) Enumeration of the number of persons that will reside in a dwelling(s);
(c) Documentation of the date and method of segregation for the subject property verifying that
the lot or lots were not created in violation of the subdivision (i.e., either short or long) laws in
effect at the time of creation, or identifying whether the lots were created prior to the advent of
Chapter 58.16 RCW in 1937;
(d) A recorded survey of the subject property in order to verify property boundaries and setback
measurements.
(4) Application Requirements in Other Applicable Regulations. Applications for the following land use
permits must satisfy JCC 18.40.100(1), (2) and, if required, (3), and the following provisions of this
Unified Development Code and applicable county ordinances and regulations:
(a) Building permits under the Jefferson County building code, Chapter 15.05 JCC, or its
successor ordinance;
(b) On-site septic systems pursuant to Chapter 8.15 JCC;
(c) Reasonable economic use variance permits under JCC 18.15.220;
(d) Planned rural residential developments (PRRDs) under Article VI-M of Chapter 18.15 JCC;
(e) Cottage industries under JCC 18.20.170;
(f) Home businesses under JCC 18.20.200;
(g) Temporary outdoor use permits under JCC 18.20.380;
(h) Stormwater management permits under JCC 18.30.070;
(i) Sign permits under JCC 18.30.150;
(j) Boundary line adjustments under Article II of Chapter 18.35 JCC;
(k) Short plats under Article III of Chapter 18.35 JCC;
(l) Long plats under Article IV of Chapter 18.35 JCC;
(m) Binding site plans under Article V of Chapter 18.35 JCC;
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(n) Site plan approval advance determinations under Article VII of Chapter 18.40 JCC;
(o) Written exemptions, shoreline substantial development permits for primary and secondary
uses, and shoreline conditional use and variance permits under the Jefferson County Shoreline
Master Program;
(p) Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC; and
(q) Plat alterations under Article VII of Chapter 18.35 JCC.
All application requirements identified in other code sections that supplement or supersede the
requirements of this chapter shall be met before an application is deemed complete.
(5) Waivers. The administrator may waive any specific submittal requirements determined to be
unnecessary for review of any application. In such event, the administrator shall document the waiver
in the project file or project log. [Ord. 8-06 § 1]
18.40.110 Submission of acceptance of application determination of completeness – Additional
information and project revision.
(1) Determination of Completeness. Within 28 calendar days after receiving a project permit
application the administrator shall mail a determination to the applicant that states either that:
(a) The application is complete; or
(b) The application is incomplete and information necessary to make the application complete.
(2) Identification of Other Agencies with Jurisdiction. To the extent known by the county, other
agencies with jurisdiction over the project permit application shall be identified in the county’s
determination of completeness.
(3) Incomplete Application Procedure – Appeal.
(a) If the applicant receives a determination that the application is incomplete or that additional
information is required, the applicant shall have 90 calendar days to submit the necessary
information to the administrator, or to appeal the decision to the hearing examiner in accordance
with the procedures for Type II projects. Within 14 calendar days after the applicant has
submitted the additional information, the administrator shall again make the determination
described in subsection (2) of this section.
(b) If the applicant refuses to submit additional information, does not request additional time to
submit the required information within the 90-calendar-day period, or does not appeal the
decision, the application will be considered abandoned and therefore withdrawn and the applicant
shall forfeit the application fee. The department of community development shall not be
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responsible for notifying the applicant of an impending expiration.
(4) County’s Failure to Provide a Determination of Completeness. A project permit application shall be
deemed complete under this section if the administrator does not provide a written determination to
the applicant that the application is incomplete as provided in subsection (1) of this section.
Notwithstanding a failure to provide a determination of completeness, the administrator may request
additional information as provided in subsection (6) of this section.
(5) Date of Acceptance of Application. A project permit application is complete for purposes of this
section when it meets the submission requirements in JCC 18.40.100, as well as any additional
submission requirements contained in other applicable provisions of this code. This determination of
completeness shall be made when the application is sufficient for continued processing even though
additional information may be required or project modifications may be undertaken after submittal.
When the project permit application is determined to be complete, the administrator shall accept it and
note the date of acceptance in the project file. Upon providing a determination of completeness, the
administrator shall assign the project to a project planner.
(6) Additional Information. The administrator’s determination of completeness shall not preclude the
administrator from requiring additional information, that the applicant correct plans or perform studies
at any time if new information is required for project review, or if there are substantial changes in the
proposed action.
(a) Any period during which the administrator has requested the applicant to correct plans,
perform required studies, or provide additional information shall be excluded from the 120-day
time period or other applicable time period set forth in JCC 18.40.320.
(b) The time period for requiring additional information shall be calculated from the date the
administrator notifies the applicant of the need for additional information until the earlier of:
(i) The date the administrator determines whether the information satisfies the request for
information; or
(ii) Fourteen calendar days after the date the information has been provided to the
administrator.
(7) Effect of Project Permit Application Revisions – Substantial Revisions. If, in the judgment of the
administrator, the content of an application is so substantially revised by an applicant, either
voluntarily or to conform to applicable standards and requirements, that such revised proposal
constitutes a substantially different proposal than that originally submitted, the administrator shall
deem the revised proposal to be a new application.
(a) In reaching a decision whether a revision is substantial, the administrator shall consider the
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relative (to the application in its initial form) and absolute magnitude of the revision, the
environmental sensitivity of the site, any changes in location of significant elements of the
project and their relation to public facilities, surrounding lands and land uses and the stage of
review of the proposal.
(b) Lesser revisions that would not constitute substantial revisions during early stages of review
may be substantial during later stages due to the reduced time and opportunity remaining for
interested parties to review and comment upon such changes.
(c) Written notice of such determination of substantial revision shall be provided to the applicant
and all parties of record, including the reasons for the administrator’s decision.
(d) A determination that any revision is substantial shall result in the time periods mandated by
this chapter starting from the date at which the revised project application is determined to be
complete. The revised project application shall be subject to all laws, regulations and standards
in effect on the date of the determination of completeness of the substantial revision. [Ord. 8-06
§ 1]
18.40.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the administrator shall do the following:
(1) Transmit a copy of the application, or appropriate parts of the application, to each affected agency
and county department for review and comment, including those agencies responsible for determining
compliance with state and federal requirements. The affected agencies and county departments shall
have 14 calendar days to comment, except that state agencies shall have 28 days to comment on
special reports per Article VI-D, Environmentally Sensitive Areas District (ESA), of Chapter 18.15
JCC et al., including habitat management plans and wetland mitigation plans. Affected agencies and
county departments are presumed not to have comments if not submitted within the 14-calendar-day
period, or 28-calendar-day period, as above; provided, that the administrator may grant an extension
of time if needed. Additionally, in the event that the state agency or agencies involved communicate
verbally or in writing intention to waive the opportunity to submit comments, the corresponding state
agency comment period shall terminate and be so noted in the case file.
(2) Applications for developments and planned actions subject to the State Environmental Policy Act
(SEPA), Chapter 43.21C RCW, shall be reviewed in accordance with the policies and procedures
contained in Article X of this chapter. SEPA review shall be conducted concurrently with development
project review. The following are exempt from concurrent review:
(a) Projects categorically exempt from SEPA; and
(b) Components of planned actions previously reviewed and approved in the Jefferson County
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Comprehensive Plan or amendments thereto to the extent permitted by law and consistent with
the SEPA determination for the planned action.
(3) If a Type II or III procedure is required, DCD shall provide for notice and/or hearing as set forth in
Article III of this chapter. [Ord. 8-06 § 1]
18.40.130 Scope of project review.
(1) Fundamental land use planning choices made in the Jefferson County Comprehensive Plan,
subarea plans, this Unified Development Code and any other applicable development regulations shall
serve as the foundation for project review. The review of a proposed project’s consistency with this
Unified Development Code under JCC 18.40.140, other applicable development regulations, or in the
absence of applicable regulations, the adopted Jefferson County Comprehensive Plan or subarea
plan(s), shall incorporate the data collected under this section.
(2) During project review, the administrator or any subsequent reviewing body (e.g., the hearing
examiner) shall determine whether the items listed in this subsection are defined in this Unified
Development Code or any other applicable development regulations applicable to the proposed project
or, in the absence of applicable regulations, the adopted Jefferson County Comprehensive Plan or
subarea plan(s). At a minimum, such regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses that may be allowed under certain
circumstances, such as planned rural residential developments and conditional uses, if the
criteria for their approval have been satisfied;
(b) Density of residential development; and
(c) Availability and adequacy of public facilities identified in the Jefferson County Comprehensive
Plan, if the plan provides funding of these facilities.
(3) During project review, the administrator shall not re-examine alternatives to or hear appeals on the
items identified in subsection (2) of this section.
(4) The administrator may determine that the requirements for environmental analysis and mitigation
measures in this Unified Development Code and other applicable regulations provide adequate
mitigation for some or all of the project’s specific probable significant adverse environmental impacts
to which the requirements apply. In making this determination the administrator shall:
(a) Determine if the applicable regulations require measures that are sufficient to adequately
address site-specific, probable significant adverse environmental impacts identified through
project application review; and
(b) Determine whether additional studies are required and/or whether the project permit
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application should be conditioned with additional mitigation measures.
(5) Nothing in this section shall be construed as limiting the authority of the county to approve,
condition, or deny a project as provided in this Unified Development Code or any other development
regulations adopted under the authority of Chapters 36.70A and/or 43.21C RCW, including project
review under Articles VI-D through VI-I of Chapter 18.15 JCC, and Article X of this chapter. [Ord. 8-06
§ 1]
18.40.140 Project consistency.
(1) A proposed project’s consistency with this Unified Development Code or other development
regulations adopted under Chapter 36.70A RCW or, in the absence of applicable development
regulations, the appropriate elements of the Jefferson County Comprehensive Plan or subarea plan
adopted under Chapter 36.70A RCW shall be determined by consideration of:
(a) The type of land use;
(b) The level of development such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the development; and
(d) The character of the development.
(2) In determining consistency, the determinations made pursuant to JCC 18.40.130 shall be
controlling.
(3) For purposes of this section, the term “consistency” shall include all terms used in this chapter
and Chapter 36.70A RCW to refer to performance in accordance with this chapter and Chapter 36.70A
RCW, including, but not limited to, compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates procedures for considering consistency,
or limits the administrator from asking more specific or related questions with respect to any of the
four main categories listed in subsections (1)(a) through (1)(d) of this section.
(5) For purposes of assisting in determining consistency with the UDC for a particular project permit,
the administrator shall also utilize review of the site plan submittal required by JCC 18.40.100 (1)(h)
to ensure compliance with the requirements of Chapters 18.20 and 18.30 JCC. [Ord. 8-06 § 1]
Article III. Public Notice Requirements
18.40.150 Public notice – Generally.
(1) Public notice is not required for Type I projects that are categorically exempt from SEPA. If not
SEPA exempt, Type I projects are subject to the notice of application and SEPA notice requirements
set forth in JCC 18.40.160 through 18.40.220 and Article X of this chapter.
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set forth in JCC 18.40.160 through 18.40.220 and Article X of this chapter.
(2) Public notice of the notice of application and of the open record predecision public hearing, if any,
is required for all Type II and Type III actions. Published notice is not required for closed record public
meetings before the county commissioners (i.e., Type IV approvals of long plats and PRRDs),
because no new testimony or evidence is allowed at such meetings or hearings. Mailed notice of
closed record public hearings shall be provided to all parties of record.
(3) Public notice is not required for other Type IV actions because no public hearing is held.
(4) Public notice of Type V legislative actions must be published as described in Chapter 18.45 JCC
and as required by state law.
(5) The applicant shall be responsible for all costs of public notice. [Ord. 8-06 § 1]
18.40.160 Notice of application – When required.
The administrator shall issue a notice of application on all Type II and Type III project permit
applications. [Ord. 8-06 § 1]
18.40.170 Notice of application – Time of issuance.
The administrator shall issue the notice of application within 14 calendar days of issuing the
determination of completeness. If an open record predecision public hearing is required for the
requested project permit(s), the notice of application shall be issued at least 15 calendar days prior to
the public hearing. [Ord. 8-06 § 1]
18.40.180 Notice of application – SEPA exempt projects.
A notice of application shall not be required for project permits that are categorically exempt under
SEPA, unless a public comment period or an open record predecision hearing is required. A notice of
application shall be required for all Type II projects, regardless of whether such projects are exempt
from SEPA. [Ord. 8-06 § 1]
18.40.190 Notice of application – Contents.
The notice of application shall include the following:
(1) The name and address of the applicant or the applicant’s representative;
(2) The date of application, the date of the notice of completion for the application, and the date of the
notice of application;
(3) The street address location of the project or, if unavailable, a description of the subject property
reasonably sufficient to inform the public of its location, which may include a vicinity location (map),
the location in reference to roadway intersections, or a written description (rural route box or
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subdivision lot and block alone are not sufficient);
(4) A description of the proposed project action, use or development and a list of project permits
included in the application and, if applicable, a list of any additional studies requested under JCC
18.40.110(6);
(5) The identification of state, federal or other permits required by other agencies with jurisdiction not
included in the application, to the extent known by the county;
(6) The identification of existing environmental documents that evaluate the proposed project, and the
location of where the application and any studies can be reviewed;
(7) The name and phone number of the contact project planner;
(8) A statement of the limits of the public comment period, which shall be 14 calendar days following
the date of the notice of application (or 20 or 30 calendar days if the application involves a permit
under the Jefferson County Shoreline Master Program, as further set forth in JCC 18.40.220);
(9) Statements of the right of any person to comment on the application, receive notice of and
participate in any hearings, request a copy of the decision once made, and any appeal rights;
(10) A statement of the preliminary determination, if one has been made at the time of the notice of
application, of the proposed project’s consistency with applicable development regulations and of
those development regulations that will be used for project mitigation, as provided in RCW 36.70B.040
and JCC 18.40.140;
(11) Pursuant to WAC 197-11-355, a statement on the first page of the notice of application that:
(a) The optional DNS process of WAC 197-11-355 is being used;
(b) This may be the only opportunity to comment on the environmental impacts of the proposal;
(c) The proposal may include mitigation measures under applicable development regulations,
and the project review process may incorporate or require mitigation measures regardless of
whether an EIS is prepared; and
(d) A copy of the subsequent threshold determination may be obtained upon request, and will be
mailed to any person commenting upon the notice of application. In addition, the notice of
application shall list the conditions being considered to mitigate environmental impacts, if a
mitigated DNS is expected;
(12) The date, time, place and type of hearing, if applicable, and if scheduled prior to the date of the
notice of application;
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(13) A statement of when and where a copy of the application, all supporting documentation and
evidence relied upon by the applicant, and applicable development regulations may be available for
public inspection;
(14) A statement that a copy of the staff report will be available for inspection at no cost to the public
at least seven calendar days prior to the public hearing (if applicable); and
(15) Any other information the administrator determines appropriate. [Ord. 8-06 § 1]
18.40.200 Notice of application – SEPA integration.
Except for a determination of significance (DS), the county may not issue its threshold determination
until the expiration of the public comment period on the notice of application. If the county has made a
determination of significance under Chapter 43.21C RCW concurrently with the notice of application,
the notice of application may be combined with the threshold determination and the scoping notice for
a draft environmental impact statement (DEIS). However, nothing in this chapter prevents a DS and
scoping notice from being issued prior to the notice of application. [Ord. 8-06 § 1]
18.40.210 Notice of application – Mailing, publication, and posting requirements.
(1) Published Notice. The administrator shall publish notice in the official county newspaper at least
once. Published notice shall include the project’s road or street address or location, project
description, type(s) of permit(s) required, comment period dates, and location where the complete
application and notice of application may be reviewed.
(2) Posting. The applicant shall post a notice of application on the property as follows:
(a) A single notice board shall be placed at the midpoint of the site road frontage or as otherwise
directed by the county for maximum visibility, where it is completely visible to vehicle traffic and
pedestrians.
(b) Additional notice boards may be required where the site does not abut a public road, for a
large site that abuts more than one public road, or the administrator determines that additional
notice boards are necessary to provide adequate public notice.
(c) Notice boards shall be constructed and installed in accordance with any specifications
promulgated by the county.
(d) Notice boards shall be maintained in good and legible condition by the applicant during the
notice period, be in place at least 15 calendar days prior to the date of the hearing, and be
removed within 15 calendar days after the end of the notice period.
(e) The applicant prior to the hearing or final comment date shall submit an affidavit of posting to
the administrator. If the affidavit is not filed as required, any scheduled hearing or date by which
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the public may comment on the application will be postponed in order to allow compliance with
this notice requirement.
(3) Mailing.
(a) The administrator shall send a notice of application by mail to the applicant, the owners of the
subject property (if different from the applicant), and to all owners of property within 300 feet of
any portion of the exterior boundaries of the subject property. The DCD shall be responsible for
preparation of the list of adjacent property owners; provided, that the administrator retains the
authority to require the applicant to supply and certify the list of adjacent property owners in
circumstances where the information is not readily available to the county. DCD shall obtain
addresses for mailed notice shall from the county’s geographic information system (GIS) or real
property tax records. The administrator shall make a notation in the file affirming mailing of
notice to all persons entitled to notice under this chapter.
(b) All public notices shall be deemed to have been provided or received on the date the notice is
deposited in the mail or personally delivered, whichever occurs first. Failure to send notice by
mail shall not invalidate such proceedings where the owner appears at the hearing or receives
actual notice. [Ord. 8-06 § 1]
18.40.220 Notice of application – Public comment.
(1) Length of Comment Period. The comment period shall be 14 calendar days from the date of the
notice of application, except as may otherwise be provided for commenting on preliminary plat
applications (i.e., 20 days pursuant to RCW 58.17.095 (2)), for commenting on scoping and draft and
final environmental impact statements pursuant to WAC 197-11-408 and 197-11-500 and Article X of
this chapter, and for commenting on permits under the Jefferson County Shoreline Master Program
(SMP) (see subsection (2) of this section).
(2) Comment Periods for Permits Under the Jefferson County Shoreline Master Program (SMP). The
content of notice under the SMP shall be identical to the notice set forth in JCC 18.40.190 except that:
(a) The public may provide comments on a shoreline development permit application for 30
calendar days after the notice of application (notice for shoreline permits is longer than the
comment period for other Type II and III permits pursuant to RCW 90.58.140(4)); and
(b) The public comment period shall be 20 calendar days for a shoreline permit for limited utility
extensions or for construction of a bulkhead or other measures to protect a single-family
residence and its appurtenant structures from shoreline erosion (see RCW 90.58.140(11)); and
(c) A notice of application for a shoreline substantial development permit shall notify the public of
the 20-day or 30-day comment period.
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(3) Comments may be mailed, personally delivered or sent by facsimile. Comments shall be as
specific as possible.
(4) The administrator will receive public comments during regular business hours any time up to and
during the open record hearing, if any, or if there is no predecision hearing, prior to the decision on the
project permit.
(5) The county may not issue a decision or recommendation on the project permit(s) until the
expiration of the public comment period on the notice of application. [Ord. 8-06 § 1]
18.40.230 Notice of public hearing.
Notice of public hearing shall be provided not less than 10 calendar days prior to the hearing. If the
notice of application does not specify a hearing date, a separate notice of public hearing shall be
provided. For Type III projects, the notice of a threshold determination under SEPA may be combined
with the notice of public hearing. Notice under this section shall be accomplished as follows:
(1) Published Notice. The administrator shall publish a notice of public hearing in the official county
newspaper at least one time. This notice shall include (and republish if necessary) the appropriate
information from JCC 18.40.190.
(2) Mailed Notice. The administrator shall send a notice of public hearing to all of the persons entitled
to notice, as described in JCC 18.40.210(3), including any person who submits written or oral
comments on the notice of application.
(3) Posted Notice. Posted notice of the public hearing is required for all Type III project permit
applications, which shall be posted as set forth in JCC 18.40.210(2). In addition, notice of Type III
preliminary plat actions and proposed subdivisions must be given as set forth in JCC 18.40.240. [Ord.
8-06 § 1]
18.40.240 Additional public notice requirements – Type III preliminary plat actions.
In addition to the notice for Type III actions above, pursuant to Chapter 58.17 RCW, additional notice
for preliminary plats and proposed subdivisions shall be provided as follows:
(1) Notice of the filing of a preliminary plat application of a proposed subdivision located adjacent to or
within one mile of the municipal boundaries of a city or town utilities shall be given to the appropriate
city or town officials, pursuant to RCW 58.17.080 and 58.17.090.
(2) Notice of the filing of a preliminary plat application for a proposed subdivision located adjacent to
the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport
shall be given to the Washington State Secretary of Transportation, who must respond as to the effect
of the proposed subdivision on the state highway or airport within 15 calendar days of such notice.
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(3) Special notice of the hearing shall be given to adjacent landowners by any other reasonable
method the county deems necessary. Adjacent landowners are the owners of real property, as shown
by the records of the county assessor, located within 300 feet of any portion of the boundary of the
proposed subdivision. If the owner of the real property which is proposed to be subdivided owns
another parcel or parcels of real property which lie adjacent to the real property proposed to the
subdivided, mailed notice shall be given to owners of real property located within 300 feet of any
portion of the boundaries of such adjacently located parcel(s). [Ord. 8-06 § 1]
18.40.250 Optional additional public notice.
(1) As optional methods of providing public notice of any project permits, the county may:
(a) Notify the public or private groups with known interest in a certain proposal or in the type of
proposal being considered;
(b) Notify the news media;
(c) Place notices in appropriate regional or neighborhood newspapers or trade journals;
(d) Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
(e) Mail to neighboring property owners; or
(f) Place notices on the Internet.
(2) The county’s failure to provide the optional notice as described in this section shall not be grounds
for invalidation of any permit decision. [Ord. 8-06 § 1]
Article IV. Project Review and Approval Processes
18.40.260 Administrative approvals without notice (Type I).
The administrator may approve, approve with conditions, or deny (with or without prejudice) all Type I
permit applications which are categorically exempt from SEPA without notice (see Tables 8-1 and 8-2
in JCC 18.40.040, and JCC 18.40.080(2)). Type I projects that are not categorically exempt under
SEPA shall be subject to the notice of application and comment period provisions of JCC 18.40.150
through 18.40.220, and the SEPA notice requirements of Article X of this chapter. The administrator’s
decision under this section shall be final on the date issued, and may not be appealed to the hearing
examiner. [Ord. 8-06 § 1]
18.40.270 Administrative approval subject to notice (Type II).
(1) The administrator may approve, grant preliminary approval, approve with conditions, or deny (with
or without prejudice) all Type II permit applications, subject to the notice and appeal requirements of
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this article and Article III of this chapter. The administrator shall issue written findings and
conclusions supporting all Type II decisions.
(2) Type II administrative decisions shall become final subject to the following: an applicant or party of
record may appeal the decision to the hearing examiner for an open record hearing, as further set
forth in Article V of this chapter. [Ord. 8-06 § 1]
18.40.280 Hearing examiner review and decision (Type III decisions and appeals of Type II
decisions).
(1) The hearing examiner shall review and make findings, conclusions and a decision on all Type III
permit applications and appeals of Type II decisions.
(2) For Type III actions, the administrator shall prepare a staff report on the proposed development or
action summarizing the comments and recommendations of county departments, affected agencies
and special districts, and evaluating the development’s consistency with this Unified Development
Code, adopted plans and regulations. The staff report shall include proposed findings, conclusions and
recommendations for disposition of the development application. The staff report shall include and
consider all written public comments on the application.
(3) Upon receiving a recommendation from the administrator or notice of any other matter requiring
the hearing examiner’s attention (e.g., an appeal of a Type II administrative decision), the hearing
examiner shall perform the following actions as appropriate:
(a) Hold an open record predecision hearing on a Type III permit application and make a decision
after reviewing the recommendation of the administrator; or
(b) Hold an open record appeal hearing and make a decision on the following matters:
(i) Appeals of Type II administrative decisions;
(ii) Appeals of administrative interpretations made under Article VI of this chapter;
(iii) Appeals of SEPA threshold determinations made pursuant to Article X of this chapter
(other than determinations of significance); and
(iv) Other matters not prohibited by law.
(4) The hearing examiner shall conduct a public hearing on all Type III development proposals and
appeals of Type II administrative decisions for the purpose of taking testimony, hearing evidence,
considering the facts germane to the proposal or appeal, and evaluating the proposal or appeal for
consistency with this Unified Development Code, adopted plans and regulations. Notice of the hearing
examiner hearing shall be in accordance with JCC 18.40.230. As applicable, all appeals of
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administrative interpretations made under Article VI of this chapter, and appeals of SEPA threshold
determinations made under Article X of this chapter (other than determinations of significance (DS))
shall be considered together with the decision on the project application in a single, consolidated
public hearing.
(5) In addition to the approval criteria listed elsewhere in this Unified Development Code, the hearing
examiner shall not approve a proposed development unless he/she first makes the following findings
and conclusions:
(a) The development adequately mitigates impacts identified under Articles VI-D through VI-I of
Chapter 18.15 JCC (i.e., environmentally sensitive areas) and Article X of this chapter (i.e.,
SEPA implementing provisions);
(b) The development is consistent with the Jefferson County Comprehensive Plan and meets the
requirements and intent of this Unified Development Code;
(c) The development is not detrimental to the public health, safety and welfare;
(d) For subdivision applications, findings and conclusions shall be issued in conformance with
Chapter 18.35 JCC and RCW 58.17.110.
(6) In the hearing examiner’s decision regarding Type III actions and appeals of Type II administrative
decisions, the hearing examiner shall adopt written findings and conclusions.
(a) The hearing examiner’s decision following closure of an open record predecision public
hearing on a Type III action shall include one of the following actions:
(i) Approve;
(ii) Approve with conditions;
(iii) Deny without prejudice (reapplication or resubmittal is permitted); or
(iv) Deny with prejudice (reapplication or resubmittal is not permitted for one year).
(b) A hearing examiner’s decision following an open record appeal hearing on a Type II
administrative decision, on a SEPA threshold determination on a Type II administrative decision,
or on a SEPA threshold determination on a Type III permit decision shall include one of the
following actions:
(i) Grant the appeal in whole or in part;
(ii) Deny the appeal in whole or in part; or
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(iii) If appropriate, in a proceeding involving a SEPA appeal of a threshold determination
consolidated with the hearing on a Type III permit application, continue the open record
public hearing pending SEPA compliance.
(c) The hearing examiner decision shall be issued within 10 working days unless a longer period
is agreed upon by the hearing examiner and the applicant. [Ord. 8-06 § 1]
18.40.290 Board of county commissioners action (Type IV decisions).
(1) The board of county commissioners shall make a decision after reviewing Type IV actions during a
regularly scheduled meeting.
(2) In its decision, the board of county commissioners shall make its decision by motion, resolution or
ordinance, as appropriate. [Ord. 8-06 § 1]
18.40.300 Procedures for public hearings.
Public hearings (including open record appeals of Type II decisions and open record predecision
hearings on Type III permit applications) shall be conducted in accordance with the hearing
examiner’s rules of procedure and shall serve to create or supplement an evidentiary record upon
which the hearing examiner will base his/her decision. In cases where scientific standards and criteria
affecting project approval are at issue, the hearing examiner shall allow orderly cross-examination of
expert witnesses presenting reports and/or scientific data and opinions. The hearing examiner may
address questions to any party who testifies at a public hearing. The hearing examiner shall open the
public hearing and, in general, observe the following sequence of events:
(1) Staff presentation, including submittal of any administrative reports. The hearing examiner may
ask questions of the staff;
(2) Applicant presentation, including submittal of any materials. The hearing examiner may ask
questions of the applicant;
(3) Testimony or comments by the public germane to the matter;
(4) Rebuttal, response or clarifying statements by the staff and the applicant;
(5) The evidentiary portion of the public hearing shall be closed and the hearing examiner shall
deliberate on the matter before him/her;
(6) Pursuant to RCW 36.70.970, each final decision of the hearing examiner shall be in writing and
shall include findings and conclusions, based on the record, to support the decision. Such findings
and conclusions shall also set forth the manner in which the decision would carry out and conform to
the Jefferson County Comprehensive Plan, this Unified Development Code and any other applicable
county development regulations. Each final decision of the hearing examiner, unless the applicant and
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hearing examiner mutually agree to a longer period in writing, shall be rendered within 10 working
days following conclusion of all testimony and hearings. [Ord. 8-06 § 1]
18.40.310 Reconsideration.
A party of record at a public hearing may seek reconsideration only of a final decision by filing a
written request for reconsideration with the hearing examiner within five business days of the date of
the final written decision. The request shall comply with JCC 18.40.330(5)(b). The hearing examiner
shall consider the request without public comment or argument by the party filing the request, and
shall issue a decision within 10 working days of the request. If the request is denied, the previous
action shall become final. If the request is granted, the hearing examiner may immediately revise and
reissue his/her decision or may call for argument in accordance with the procedures for closed record
appeals. Reconsideration should be granted only when an obvious legal error has occurred or a
material factual issue has been overlooked that would change the previous decision. [Ord. 8-06 § 1]
18.40.320 Final decision.
(1) Finality. All administrative interpretations made pursuant to Article VI of this chapter and Type II
and III project permit decisions under this code shall be final unless appealed pursuant to Article V of
this chapter.
(2) Finding and Conclusions. Each final decision of the hearing examiner and, in the case of certain
Type V decisions, as more fully set forth in Chapter 18.45 JCC, the board of county commissioners
shall be in writing and shall include findings and conclusions based on the record.
(3) Notice of Final Decision.
(a) Except for those permits exempted under JCC 18.40.080, upon issuance of the final decision,
the administrator shall provide a notice of decision that includes a statement of all
determinations made under SEPA and the procedures for administrative appeal, if any, of the
permit decision. The notice of decision may be a copy of the report or decision on the project
permit application. It shall also state that affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation fully set forth in
RCW 36.70B.130.
(b) A copy of the notice of decision shall be mailed or hand delivered to the applicant, any person
who, prior to the rendering of the decision, requested notice of the decision, and to all persons
who submitted substantive written comments on the application. The notice of decision shall be
posted and published as set forth in JCC 18.40.210(1) and (2), and shall be provided to the
Jefferson County assessor.
(4) Timing of Notice of Final Decision. The final decision on a development proposal shall be made
within 120 calendar days from the date of the determination of completeness unless:
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(a) Certain days are excluded from the time calculation pursuant to subsection (5) of this
section;
(b) The application involves a shoreline permit application for limited utility extensions (RCW
90.58.140(13)(b)) or construction of a bulkhead or other measures to protect a single-family
residence and its appurtenant structures from shoreline erosion. In those cases, the decision to
grant or deny the permit shall be issued within 21 calendar days of the last day of the comment
period specified in JCC 18.40.220(2);
(c) The application involves a preliminary long plat application under Article IV of Chapter 18.35
JCC. In such cases, the application shall be approved, disapproved, or returned to the applicant
for modification or correction within 90 days from the date of the determination of completeness;
or
(d) The application involves a final short plat application under Article III of Chapter 18.35 JCC,
or a final long plat application under Article IV of Chapter 18.35 JCC. In such cases, the
application shall be approved, disapproved or returned to the applicant within 30 days from the
date of the determination of completeness.
(5) Calculation of Time Periods for Issuance of Notice of Final Decision. In determining the number of
calendar days that have elapsed since the determination of completeness, the following periods shall
be excluded:
(a) Any period during which the applicant has been requested by the county to correct plans,
perform studies, or provide additional information. The period shall be calculated as set forth in
JCC 18.40.110(6)(b).
(b) If substantial project revisions are made or requested by an applicant, the 120 calendar days
will be calculated from the time the county determines the revised application is complete and
issues a new determination of completeness.
(c) All time required for the preparation of an environmental impact statement (EIS) following a
determination of significance (DS) pursuant to Chapter 43.21C RCW.
(d) Any period for open record appeals of project permits under JCC 18.40.330; provided,
however, that the time period for the hearing and decision shall not exceed a total of 90 calendar
days.
(e) Any extension of time mutually agreed upon by the county and the applicant.
(f) Any time required for the preparation of an administrator’s code interpretation pursuant to
Article VI of this chapter.
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Article VI of this chapter.
(6) The time limits established in this chapter do not apply if a project permit application:
(a) Requires an amendment of the Jefferson County Comprehensive Plan or this Unified
Development Code; or
(b) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200.
(7) Notice to Applicant. If the county is unable to issue its final decision on a project permit application
within the time limits provided for in this chapter, it shall provide written notice of this fact to the
project applicant. The notice shall include a statement of reasons why the time limits have not been
met and an estimated date for issuance of the notice of decision.
(8) Effective Date. The final decision of the administrator, hearing examiner, or board of county
commissioners shall be effective on the date stated in the decision, motion, resolution or ordinance;
provided, however, that the appeal periods shall be calculated from the date of the decision, as further
provided in JCC 18.40.330 and 18.40.340. [Ord. 8-06 § 1]
Article V. Appeals
18.40.330 Administrative appeals.
In the absence of a specific right of appeal authorized under this UDC, there shall be no right to
administrative appeals.
(1) Type I Permits. Decisions of the Administrator on Type I permits and decisions regarding the
appropriate permit process to be used for discretionary conditional use permit applications (i.e., “C(d)”
uses listed in Table 3-1 in JCC 18.15.040) under JCC 18.40.520, are not appealable to the hearing
examiner. However, administrative code interpretations may be appealed as set forth in Article VI of
this chapter.
(2) Type II Permits.
(a) The administrator’s final decision on a Type II permit application may be appealed by a party
of record to the hearing examiner for an open record appeal hearing as further set forth in JCC
18.40.280. The responsible official’s SEPA determination of nonsignificance (DNS) or mitigated
determination of nonsignificance (MDNS) may also be appealed by a party of record to the
hearing examiner for an open record appeal hearing. Administrative appeals of a DS or draft or
final EIS are not allowed.
(b) All appeals of Type II permit decisions must be in writing, conform with the procedures for
appeal set forth in subsection (5) of this section, and be filed within 14 calendar days after the
notice of decision is issued. Appeals of environmental determinations under SEPA, except for a
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determination of significance (DS), shall be consolidated with any open record hearing on the
project permit. (See RCW 36.70B.110(6)(d)).
(3) Type III Permits.
(a) The responsible official’s DNS or MDNS may be appealed to the hearing examiner by the
applicant or anyone commenting on the environmental impacts of the proposal (as further set
forth in JCC 18.40.780). The appeal must be in writing, in conformance with subsection (5) of
this section, and be filed within 14 calendar days after the threshold determination is issued as
set forth in subsection (4) of this section. Appeals of environmental determinations under SEPA
shall be consolidated with any open record hearing on the project permit. (See RCW
36.70B.110(6)(d)). Administrative appeals of a DS or draft or final EIS are not allowed.
(4) Calculation of Appeal Periods. The appeal periods shall be calculated as of the date the notice of
decision is published or, for appeals involving a SEPA determination, from the date the decision is
issued pursuant to WAC 197-11-340(2)(d).
(5) Procedure for Appeals.
(a) A notice of appeal shall be delivered to the administrator by mail or by personal delivery, and
must be received by 4:00 p.m. on the last business day of the appeal period, with the required
appeal fee pursuant to the Jefferson County fee ordinance.
(b) The notice of appeal shall contain a concise statement identifying:
(i) The decision being appealed and the identification of the application which is the subject
of the appeal;
(ii) The name, address, and phone number of the appellant and his/her interest in the matter;
(iii) Appellant’s statement describing standing to appeal (i.e., how he or she is affected by or
interested in the decision);
(iv) The specific reasons why the appellant believes the decision to be wrong. The appellant
shall bear the burden of proving the decision was wrong;
(v) The desired outcome or changes to the decision; and
(vi) A statement that the appellant has read the appeal and believes the contents to be true,
signed by the appellant.
(c) Any notice of appeal not in full compliance with this section shall not be considered. [Ord. 8-
06 § 1]
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18.40.340 Judicial appeals.
(1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final
decision of the administrator, hearing examiner, or to a court of competent jurisdiction in a manner
consistent with state law. All appellants must timely exhaust all administrative remedies prior to filing
a judicial appeal.
(2) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall
be served by delivery to the county auditor (see RCW 4.28.080), and all persons identified in RCW
36.70C.040, within the applicable time period. This requirement is jurisdictional.
(3) Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all
records ordered certified by the court or desired by the appellant for the appeal. Prior to the
preparation of any records, the appellant shall post an advance fee deposit in an amount specified by
the county auditor with the county auditor. Any overage will be promptly returned to the appellant.
[Ord. 8-06 § 1]
Article VI. Unified Development Code Interpretation
18.40.350 Purpose.
An interpretation of the provisions of this Unified Development Code is intended to clarify conflicting
or ambiguous wording, interpret proper classification of a use, or interpret the scope or intent of the
provisions of this code; provided, however, that interpretations of the provisions adopted under the
Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance, may not be
requested under this article. An interpretation of the provisions of this code may not be used to amend
the code. Further, code interpretations are not considered a project permit action subject to “typing”
and the public notice requirements contained in Articles I through V of this chapter. [Ord. 8-06 § 1]
18.40.360 Submission requirements.
(1) Who May Request Interpretation. Any person may request a written interpretation of the provisions
of this code. Additionally, the administrator may issue an interpretation on the administrator’s own
initiative.
(2) The administrator may require that any request that seeks interpretation of more than four UDC
sections be broken down into smaller requests, each requiring the standard fee. The administrator
may limit the code interpretation to what is deemed necessary to clarify the section and may decline
responding to requests that are deemed excessive or onerous or those that ask hypothetical
questions.
(3) Submittal Requirements. Any person requesting an interpretation of this code shall submit a
written request specifying each provision of the code for which an interpretation is requested, why an
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interpretation of each provision is necessary, and any reasons or materials in support of a proposed
interpretation. The applicant shall pay the fee set forth in the Jefferson County fee ordinance or an
administrator’s interpretation.
(4) Factors for Consideration. In making an interpretation of the provisions of this code, the
administrator should consider the following, as applicable:
(a) The applicable provisions of this code, including its purpose and context;
(b) The implications of the interpretation for development within the county as a whole, including
the precedent the interpretation will set for other applicants; and
(c) Consistency with the Jefferson County Comprehensive Plan and other relevant ordinances
and policies.
(5) Conflicts with Other Regulations. Where conflicts occur between the provisions of this code and
the Jefferson County building code, Chapter 15.05 JCC, or its successor ordinance, or other
regulations of the county, the more restrictive shall apply. If any conflict between the land use
districts map and the text of this code ensue, the text of this code shall prevail. [Ord. 8-06 § 1]
18.40.370 Administrator’s decision.
(1) The DCD administrator’s decision on a request for an interpretation shall include the name of the
applicant, the description of the subject proposal, the language of the provisions of this code subject
to interpretation, the explanation of the DCD administrator’s interpretation, and any other necessary
information reasonably related to the proposal.
(2) Response to Written Request. The DCD administrator shall mail a written response to any person
filing a written request to interpret the provisions of this code within 28 calendar days of having
received the request; provided, however, that when a request is made by a permit applicant while a
project is pending and after a determination of completeness has been issued, the permit applicant
must agree to waive the time frame required under Article IV of this chapter to allow for preparation of
the interpretation, and any changes to the project that the interpretation might require. [Ord. 8-06 § 1]
18.40.380 Time limitation and enforcement.
(1) Time Limitation. An interpretation of this code remains in effect unless and until rescinded in
writing by the administrator, or superseded by a formal amendment under JCC 18.45.090.
(2) Enforcement. An interpretation of this code issued in accordance with this article may be enforced
in the same manner that any provision of this code is enforced (see Chapter 18.50 JCC). All written
interpretations of this code, with a current index of such interpretations shall be maintained by DCD
and made available for public inspection. [Ord. 8-06 § 1]
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18.40.390 Appeals of administrator’s interpretations.
When an interpretation is made in response to a written request pursuant to the provisions of this
article, the person filing the written request may appeal the decision of the administrator to the hearing
examiner within 14 calendar days of the decision using the process for appeals of Type II permit
decisions as set forth in JCC 18.40.330. The fee for such appeal shall be as set forth in the Jefferson
County fee ordinance and must be paid by the appellant at the time of filing the appeal. [Ord. 8-06 § 1]
18.40.400 Judicial appeal.
Appeals from the final decision of the hearing examiner shall be made to the Jefferson County
superior court within 21 calendar days of the date the decision or action becomes final, as set forth in
JCC 18.40.340. All appeals must conform to the provisions of JCC 18.40.340, and are subject to the
requirements set forth in that section. [Ord. 8-06 § 1]
Article VII. Site Plan Approval Advance Determinations
18.40.410 Purpose.
The purpose of this article is to allow prospective buyers, owners or developers of land a means to
obtain advance determinations of the site requirements and constraints to particular parcels without
undertaking the risk or expense of applying for a “triggering” building or other development permit. It is
intended to reduce the cost of development and aid in the facilitation of predevelopment financing for
applicants. [Ord. 8-06 § 1]
18.40.420 Scope.
All “Yes” uses identified in Table 3-1 in JCC 18.15.040, or classified as such by the administrator
pursuant to Article II of Chapter 18.15 JCC, that require issuance of a building or septic permit are
eligible to obtain site plan approval advance determination. Advanced site plan approval may be
granted without an accompanying building or development permit only upon completion of an
administrative review process to ensure consistency with the performance standards of Chapter
18.20 JCC, the development standards of Chapter 18.30 JCC and other applicable requirements of the
UDC. The decision of the administrator regarding site plan review may be appealed only as part of an
appeal of an underlying building or other construction or development permit decision. [Ord. 8-06 § 1]
18.40.430 Application requirements.
Each application for site plan approval advance determination shall include the information required by
JCC 18.40.100(1) and must identify the specific proposed use of the property for which the application
is being submitted. Any commercial, industrial, small-scale recreational and tourist use, or multifamily
residential use listed as a “Yes” use in Table 3-1 in JCC 18.15.040, or classified as such by the
administrator, that seeks site plan approval advance determination under this article shall also be
subject to the additional application submittal requirements of JCC 18.40.100(2) and the preapplication
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conference requirements of JCC 18.40.090. The administrator may require additional information
subject to the specific submittal requirements of JCC 18.40.100(3) and (4), where determined by the
administrator to be necessary for review of a site plan approval advance determination application.
For the purposes of meeting the requirements of this article, the application requirements of JCC
18.40.100(1)(g) shall be interpreted to require the submittal of soil logs and other applicable
information pursuant to WAC 246-272-11001 and the Jefferson County Code necessary to determine
compliance with the Jefferson County health department regulations regarding on-site septic disposal.
The administrator may waive specific submittal requirements determined to be unnecessary for
review of a site plan approval advance determination application. [Ord. 8-06 § 1]
18.40.440 Application review.
Review of applications for site plan review shall be as follows:
(1) Review Procedures. When the administrator determines that an application is technically
complete, as defined in JCC 18.40.110, the application shall be processed as a Type I permit under
procedures specified in Article IV of this chapter.
(2) Referral and Review of Application. The administrator shall transmit a copy of the application, or
appropriate parts of the application, to affected agencies and county departments for review and
comment. [Ord. 8-06 § 1]
18.40.450 Approval criteria.
Site plans shall be approved upon showing that all of the following have been satisfied:
(1) The proposed site plan conforms to all applicable county, state and federal, land use,
environmental and health regulations and plans, including but not limited to the following:
(a) The Jefferson County Comprehensive Plan; and
(b) The provisions of this code, including any incorporated standards;
(2) Adequate provisions for utilities and other public services necessary to serve the needs of the
proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other
public ways, potable water, sewage disposal, fire flow and other improvements;
(3) The probable significant adverse environmental impacts of the proposed site plan, together with
any practical means of mitigating adverse impacts, have been considered such that the proposal will
not have an unacceptable adverse effect upon the quality of the environment, in accordance with the
State Environmental Policy Act (SEPA) implementing provisions contained within this chapter and
Chapter 43.21C RCW;
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(4) Approving the proposed site plan will serve the public use and interest and adequate provision has
been made for the public health, safety and general welfare. [Ord. 8-06 § 1]
18.40.460 Duration of approval.
Approval of the site plan shall be effective for five years from the date of original approval by the
administrator. If a building permit has not been issued within the five-year period, the site plan
approval shall expire. An expired site plan approval advance determination cannot be revived or
extended except by new application that must meet all then-existing criteria and conditions listed in
this article. Knowledge of the expiration date and shall be the responsibility of the applicant. The
county will not provide notification prior to expiration. [Ord. 8-06 § 1]
18.40.470 Limitations on approval.
Approval of the site plan shall not guarantee the performance of specific site features or
improvements (e.g., wells, septic systems, stormwater drainage facilities, etc.) and any proposal
granted a site plan approval advance determination shall not be immune from changes in state or
federal laws which are enacted or have an effective date after the date of the site plan approval
advance determination and which may affect the performance and implementation of the site plan and
associated use or activity. Any subsequent land division or boundary line adjustment of a parcel or lot
which has received site plan approval advance determination under this article shall void such site
plan approval and require a new site plan approval advance determination application. Approval of a
site plan under this section does not constitute authority to commence any development or building
activity until such time as final authorizing permits are issued (e.g., septic, wells, stormwater
management, or building permits, etc.). [Ord. 8-06 § 1]
18.40.480 Modifications to an approved site plan.
(1) Minor modifications to a previously approved site plan under this article may be requested by the
applicant and approved by the administrator subject to the provisions for Type I decisions; provided,
that the modification does not involve any of the following:
(a) A change of proposed land use to one other than that approved for the original site plan;
(b) The location or relocation of a road or street (excluding driveways, internal parking or
accessways);
(c) An adjustment that crosses land use district boundaries where the administrator reasonably
believes that the adjustment is intended to serve as a rationale for a future site-specific land use
district redesignation application;
(d) The creation of an additional lot, tract or parcel;
(e) Would create a site plan for a parcel that does not qualify as a building site pursuant to this
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code;
(f) Would make the site plan inconsistent with any restrictions or conditions of approval for a
recorded short plant, long plat, boundary line adjustment, plat amendment or binding site plan.
(2) Before approving such an amendment, the administrator shall make written findings and
conclusions documenting the following conditions:
(a) The modification will not be inconsistent or cause the site plan to be inconsistent with the
decision of the county preliminarily approving the application;
(b) The modification will not violate the intent of the original conditions of application approval;
and
(c) The modification will not cause the site plan approval advance determination to violate any
applicable county policy or regulation.
(3) Modifications that involve the circumstances described in subsection (1) of this section, or exceed
the criteria set forth in subsection (2) of this section, shall be processed as a new site plan approval
advance determination application. [Ord. 8-06 § 1]
Article VIII. Conditional Uses
18.40.490 Purpose.
The purpose of the conditional use permit process is to provide flexibility in the application of the use
regulations contained in this code in order to accommodate uses that may be appropriate in an
established district under certain circumstances, but inappropriate in the same district under others.
At the time of application, a review of the location, design, configuration, and potential impact of the
proposed use shall be conducted by comparing the use to the goals and policies established in the
Jefferson County Comprehensive Plan and to adopted development standards. This review shall
determine whether the proposed use should be permitted by weighing the public need or the benefit to
be derived from the use against the impact that it may cause. [Ord. 8-06 § 1]
18.40.500 Scope.
This article shall apply to each application for a conditional use permit. Only those uses indicated by a
“C(a),” “C(d)” or “C” opposite the use in Table 3-1 in JCC 18.15.040 will be considered for a
conditional use permit. [Ord. 8-06 § 1]
18.40.510 Application submittal and contents.
(1) The application for a conditional use permit shall be submitted to DCD on forms provided by the
department, along with the appropriate fees established under the Jefferson County fee ordinance.
The application shall include all materials required pursuant to JCC 18.40.100.
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(2) The administrator may waive specific submittal requirements determined to be unnecessary for
review of an application. [Ord. 8-06 § 1]
18.40.520 Conditional use permit types – Review processes.
(1) Applications for uses listed as an administrative conditional use permit (i.e., “C(a)”) in Table 3-1 in
JCC 18.15.040 shall be processed according to the procedures for Type II land use decisions
established in Article IV of this chapter.
(2) Applications for uses listed as discretionary conditional use permits (i.e., “C(d)”) in Table 3-1 in
JCC 18.15.040 shall, at a minimum, be processed according to the procedures for Type II land use
decisions established in Article IV of this chapter. However, in accordance with this subsection, the
administrator may on a case-by-case basis refer a discretionary conditional use permit application to
the hearing examiner to be processed according to the procedures for Type III land use decisions
established in Article IV of this chapter.
(a) Required Findings. Prior to referring an application for a use listed as “C(d)” in Table 3-1 in
JCC 18.15.040 to the hearing examiner, the administrator shall make one or both of the following
findings:
(i) In the exclusive, discretionary judgment of the administrator, the application involves
potentially significant issues relating to location, design, configuration, and potential impacts
to surrounding properties and the community that can be more appropriately considered and
addressed through an open public record pre-decision hearing before the Jefferson County
hearing examiner; or
(ii) In the exclusive, discretionary judgment of the administrator, the application seeks
approval of a use involving complex legal issues necessitating special expertise in the
decision-maker.
(b) Timing. The administrator shall determine whether or not to refer an application to the hearing
examiner, for a public hearing, concurrent with the determination of completeness required under
JCC 18.40.110(1).
(c) Discretion of the Administrator. The administrator’s decision to refer an application to the
hearing examiner under this subsection to be processed as a Type III application shall be for the
purpose of affording maximum fairness in decision-making and procedural due process
protection, and shall not affect the substantive applicability of local, state or federal policies or
law applicable to any permit application. The decision to refer any application to the hearing
examiner to be processed as a Type III application rests exclusively within the discretion of the
administrator.
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(d) No Notice or Hearing Required. Because the administrator’s decision to refer (or not to refer)
an application for a use listed as “C(d)” in Table 3-1 in JCC 18.15.040 to the hearing examiner
for a public hearing rests solely in the administrator’s discretion, the county is not required to
provide prior notice of the administrator’s decision. The administrator shall not be required to
hold a public hearing on such a decision. The decision of the administrator made pursuant to this
subsection (2) shall not constitute an appealable administrative decision.
(3) Applications for uses listed as a “C” in Table 3-1 in JCC 18.15.040 shall be processed according
to the procedures for Type III land use decision established in Article IV of this chapter. [Ord. 8-06
§ 1]
18.40.530 Approval criteria for all conditional uses.
(1) The county may approve or approve with modifications an application for a conditional use permit
(i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) if all of the following criteria
are satisfied:
(a) The conditional use is harmonious and appropriate in design, character and appearance with
the existing or intended character and quality of development in the vicinity of the subject
property and with the physical characteristics of the subject property;
(b) The conditional use will be served by adequate infrastructure including roads, fire protection,
water, wastewater disposal, and stormwater control;
(c) The conditional use will not be materially detrimental to uses or property in the vicinity of the
subject parcel;
(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
(e) The location, size, and height of buildings, structures, walls and fences, and screening
vegetation for the conditional use will not unreasonably interfere with allowable development or
use of neighboring properties;
(f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous
to existing and anticipated traffic in the vicinity of the subject parcel;
(g) The conditional use complies with all other applicable criteria and standards of this code and
any other applicable local, state or federal law; and more specifically, conforms to the standards
contained in Chapters 18.20 and 18.30 JCC;
(h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an
airport or airfield;
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(i) The conditional use will not cause significant adverse impacts on the human or natural
environments that cannot be mitigated through conditions of approval;
(j) The conditional use has merit and value for the community as a whole;
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan; and
(l) The public interest suffers no substantial detrimental effect. Consideration shall be given to
the cumulative effect of similar actions in the area.
(2) In instances where all of the above findings cannot be made, the application shall be denied.
(3) The administrator may consider applications for modifications of lawfully established conditional
uses and developments approved under this code and conditional uses in existence on December 18,
2000, when the application proposes to bring the existing use substantially closer to compliance with
the standards of this code. The administrator may approve, conditionally approve, or deny the
modification application. A site plan conforming to the provisions of this chapter and Article II, Project
Permit Applications (Type I – IV), of this chapter shall accompany the application showing the
location, size and type of modification proposed by the applicant.
(4) Modifications may be approved by the administrator under Type I review procedures; provided,
that the cumulative modifications of the approved use will not exceed the following limitations:
(a) The modification will not increase residential use by more than one unit, if allowed by the land
use district;
(b) The modification will not increase the required amount of parking by more than 20 percent or
20 spaces (whichever is less);
(c) The proposed modification will not expand the total square footage of all structures and/or
outdoor use areas, excluding parking, by more than 20 percent. In addition, the proposed
expansion of the structure shall not result in total size of the structure exceeding the maximum
building size limits in Chapter 18.30 JCC;
(d) The modification will not change or modify any special condition imposed under any previous
official review;
(e) The modification will not significantly reduce the amount or location of required site
screening;
(f) The modification will not expand an existing nonconforming use or structure, or render a
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conforming use or structure nonconforming;
(g) The modification will not establish a new use;
(h) The modification will not expand a mining/site operation, mineral processing or mineral
batching activity;
(i) In the determination of the administrator, the modification will not create or materially increase
any adverse impacts or undesirable effects of the project, or cause the use or structure to
become inconsistent with the Comprehensive Plan or the purpose of the land use class and
district.
(5) All proposed uses, structures and site improvements (and modifications thereof) shall comply with
the development standards of this code.
(6) Any proposed modification that does not meet all the requirements of this subsection shall not be
approved through this process, but shall be reviewed through the current review procedures as
outlined by this chapter.
(7) Decisions to administratively approve modifications shall be administered through a consistency
review of development permits in accordance with this code and any previous conditions of approval.
[Ord. 8-06 § 1]
18.40.540 Additional conditions.
The county may impose additional conditions on a particular use if it is deemed necessary for the
protection of the surrounding properties, the neighborhood, or the general welfare of the public. The
conditions may:
(1) Increase requirements in the standards, criteria or policies established by this code;
(2) Stipulate an exact location for the conditional use on the subject property as a means of
minimizing hazards to life, limb, property damage, erosion, landslides or traffic;
(3) Require structural features or equipment as a means of minimizing hazards to life, limb, property
damage, erosion, landslides or traffic; or
(4) Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the
same zone with respect to avoiding nuisance generating features in matters of noise, odors, air
pollution, wastes, vibration, traffic and physical hazards. [Ord. 8-06 § 1]
18.40.550 Use of property before final decision.
No building permit shall be issued for any use involved in an application for approval for a conditional
use permit until the conditional use permit is approved and becomes effective. [Ord. 8-06 § 1]
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use permit until the conditional use permit is approved and becomes effective. [Ord. 8-06 § 1]
18.40.560 Effective period – Expiration.
(1) A conditional use permit automatically expires and becomes void if the applicant fails to file for a
building permit or other necessary development permit within three years of the effective date (the
date of the decision granting the permit) of the permit unless the permit approval provides for a
greater period of time.
(2) Extensions to the duration of the original permit approval are prohibited.
(3) The department of community development shall not be responsible for notifying the applicant of
an impending expiration. [Ord. 8-06 § 1]
18.40.570 Modification of a conditional use permit.
The county may modify an approved conditional use permit as follows: the county may delete, modify
or impose additional conditions upon finding that the use for which the approval was granted has been
intensified, changed or modified by the property owner or by person(s) who control the property
without approval so as to significantly impact surrounding land uses. A modification will be processed
as a Type II land use decision pursuant to JCC 18.40.270. [Ord. 8-06 § 1]
18.40.580 Conditional use permit to run with the land.
A conditional use permit granted under this article shall continue to be valid upon a change of
ownership of the site, business, service, use or structure that was the subject of the permit
application. No other use is allowed without approval of an additional conditional use permit. [Ord. 8-
06 § 1]
18.40.590 Permit suspension or revocation.
The county may suspend or revoke an approved conditional use permit pursuant to Chapter 18.50
JCC upon finding that:
(1) The use for which the approval was granted has been abandoned for a period of at least one year;
(2) Approval of the permit was obtained by misrepresentation of material fact; or
(3) The permit is being exercised contrary to the terms of approval. [Ord. 8-06 § 1]
18.40.600 Assurance device.
In appropriate circumstances, the administrator may require a reasonable performance or
maintenance assurance device, in a form acceptable to the county prosecutor, to assure compliance
with the provisions of this code and the conditional use permit as approved. [Ord. 8-06 § 1]
Article IX. Variances (Minor and Major)
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18.40.610 Purpose.
The purpose of this article is to ensure that all persons and their property are guaranteed equal rights
and opportunities under similar circumstances. A variance is never to be used to endow certain
persons or property with special privileges denied to all others under similar circumstances.
Variances may only be granted for dimensional, area and bulk requirements (e.g., height, setbacks,
yard size, lot coverage, frontage, floor area and the like) specified by this code. [Ord. 8-06 § 1]
18.40.620 Scope.
This article shall apply to all applications for variances from the provisions of this code, except for
reasonable economic use variances and environmentally sensitive area buffer width reductions, which
shall be governed by the provisions of Article VI-D of Chapter 18.15 JCC. [Ord. 8-06 § 1]
18.40.630 Application submittal and contents.
(1) The application for a variance shall be submitted to DCD on forms provided by the department,
along with the appropriate fees established under the Jefferson County fee ordinance. The application
shall include all materials required pursuant to JCC 18.40.100.
(2) The administrator may waive specific submittal requirements determined to be unnecessary for
review of an application. [Ord. 8-06 § 1]
18.40.640 Variance types – Review processes.
The following are subject to this permit review process:
(1) Minor and Major Variances Distinguished.
(a) Minor variances include variances that would permit expansion of an existing building which
would extend no more than 10 percent beyond the dimensional, area and bulk requirements
specified by this code. Minor variances also include variances to allow expansion of an existing
building that is nonconforming as to setback or lot coverage requirements when the proposed
expansion would not:
(i) Increase the nonconformity of the building; and
(ii) Result in any portion of the building or expansion being located closer to an abutting
property line than does the existing building at its nearest point to the property line.
(b) Major variances include all other variances (i.e., all variances not described in subsection
(1)(a) of this section).
(2) Minor Variances. Applications for minor variances shall be processed according to the procedures
for Type II land use decisions established in JCC 18.40.270.
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(3) Major Variances. Applications for major variances shall be processed according to the procedures
for Type III land use decisions established in Article IV of this chapter. [Ord. 8-06 § 1]
18.40.650 Approval criteria.
A variance may be granted only if the applicant demonstrates all of the following:
(1) The variance will not constitute a grant of special privilege inconsistent with the limitation upon
uses of other properties in the vicinity and land use district in which the subject property is located;
(2) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the land use district in which the subject
property is located;
(3) The granting of the variance will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and land use district in which the subject property is
located;
(4) The special circumstances of the subject property make the strict enforcement of the provisions of
this code an unnecessary hardship to the property owner;
(5) The special circumstances are not the result of the actions of the applicant; and
(6) The variance is consistent with the purposes and intent of this Unified Development Code. [Ord. 8-
06 § 1]
18.40.660 Additional conditions.
In granting any variance, the decision-maker may prescribe appropriate conditions and safeguards to
assure that the purpose and intent of this code will not be violated. [Ord. 8-06 § 1]
18.40.670 Limitation on authority.
The administrator or hearing examiner (as applicable) may not grant a variance under this article for
the following:
(1) The provisions of this code establishing allowed, conditional, discretionary and prohibited uses
within the various land use districts (i.e., Table 3-1 in JCC 18.15.040);
(2) The density provisions of this code;
(3) The procedural or administrative provisions of this code; or
(4) Any provision of this code which, by its terms, is not subject to a variance. [Ord. 8-06 § 1]
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18.40.680 Effective period – Expiration.
(1) A variance approval automatically expires and becomes void if the applicant fails to file for a
building permit or other necessary development permit within three years of the date of the decision
granting the variance unless the variance approval provides for a greater period of time.
(2) Extensions to the duration of the original variance approval are prohibited.
(3) The department of community development shall not be responsible for notifying the applicant of
an impending expiration. [Ord. 8-06 § 1]
18.40.690 Assurance device.
In appropriate circumstances, the administrator or hearing examiner (as applicable) may require a
reasonable performance or maintenance assurance device, in a form acceptable to the prosecuting
attorney, to assure compliance with the provisions of this title and the variance as approved. [Ord. 8-
06 § 1]
Article X. State Environmental Policy Act (SEPA) Implementation
18.40.700 Authority.
(1) This section contains county procedures and policies implementing the State Environmental Policy
Act (SEPA) (Chapter 43.21C RCW). Jefferson County adopts this article under RCW 43.21C.120, as
amended, and WAC 197-11-904.
(2) SEPA Rules – Adoption by Reference. The county hereby adopts by reference the SEPA rules,
Chapter 197-11 WAC. The SEPA rules must be used in conjunction with this article. This article
contains uniform usage and definitions of terms under SEPA and the SEPA rules. The county adopts
by reference the definitions in WAC 197-11-700 et seq., as supplemented by Chapter 18.10 JCC.
[Ord. 8-06 § 1]
18.40.710 Purpose.
The purpose of this article is to adopt regulations that implement SEPA, consistent with the SEPA
rules. This is accomplished by ensuring that:
(1) Environmental values are considered in making land use and agency decisions, and reasonable
alternatives and conditions are identified and implemented to mitigate (as provided in this article) the
adverse environmental impacts of proposed actions on the environment;
(2) Adequate and timely environmental information is gathered and provided to decision-makers, and
procedural delay and duplication is avoided; and
(3) Opportunity for public involvement is included in the decision-making process. [Ord. 8-06 § 1]
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18.40.720 Responsible official – Decision-making authority.
(1) The responsible official shall be the administrator.
(2) For those proposals for which the county is the lead agency, the responsible official is vested with
authority to and shall make the threshold determination, determine an exemption (if any), supervise
scoping and preparation of any required environmental impact statement (EIS), administer the SEPA
rules and this article, and perform any other functions assigned to the “lead agency” or “responsible
official” by the SEPA rules.
(3) The responsible official shall be responsible for the written comments of the county in response to
a consultation request:
(a) Prior to issuance of a threshold determination;
(b) For participation in scoping; or
(c) For review of a draft environmental impact statement (DEIS).
(4) The department of community development (DCD) shall maintain all documents required by SEPA
rules and make them available in accordance with Chapter 42.17 RCW (the Disclosure – Campaign
Finances – Lobbying Records Act). [Ord. 8-06 § 1]
18.40.730 Lead agency determination and responsibilities.
(1) The county department receiving application for or initiating a proposal that includes a non-exempt
action shall determine the lead agency for the proposal under WAC 197-11-050 and WAC 197-11-922
through 197-11-940, unless lead agency has been previously established.
(2) When the county is lead agency, the responsible official shall supervise compliance with threshold
determination requirements. If an EIS is required, that official shall supervise preparation of the EIS.
(3) When the county is not lead agency, the county shall use and consider the determination of
nonsignificance (DNS), mitigated determination of nonsignificance (MDNS), or final environmental
impact statement (FEIS) of the lead agency in making decisions on the proposal. Unless required
under WAC 197-11-600 no DNS or EIS in addition to that issued by the lead agency shall be prepared.
The county may, however, conduct supplemental environmental review under WAC 197-11-600.
(4) If the county receives a lead agency determination that appears inconsistent with criteria
contained in WAC 197-11-922 through 197-11-940, it may object to the determination. Objection must
be made to the agency that made the determination and must be resolved within 15 calendar days of
receipt of the determination, or the county must petition the Department of Ecology for lead agency
determination under WAC 197-11-946 within the 15-calendar-day period. The responsible official may
initiate any such petition on behalf of the county.
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(5) Any county department making lead agency determination for a private proposal shall require
sufficient information to identify all other agencies with jurisdiction over the proposal. [Ord. 8-06 § 1]
18.40.740 Initiation of SEPA review – Limitations on actions during review.
(1) Initiation of Review. The county’s SEPA process begins when a permit application is submitted to
the county, or when the county proposes to take an official action as defined in WAC 197-11-704.
(2) Limitations on Actions during SEPA Process. Until the responsible official issues a final DNS or
FEIS and the SEPA appeal period has lapsed, the county shall not take any project action (issuing
permits, approvals, etc.) on a nonexempt project, or take any nonproject action (decisions on policies,
plans, programs, etc.), that would have an adverse environmental impact or would limit the choice of
reasonable alternatives. [Ord. 8-06 § 1]
18.40.750 Categorically exempt actions – Use of existing documents and analyses.
(1) Categorically Exempt Levels.
(a) Except as set forth in subsection (1)(b) of this section, Jefferson County adopts and
incorporates by reference the categorical exemption levels set forth in WAC 197-11-800.
(b) Pursuant to WAC 197-11-800(1)(c)(v), the maximum exempt level for any landfill or
excavation activity in Jefferson County shall be 500 cubic yards.
(c) Pursuant to WAC 197-11-800(1)(c)(ii), the maximum exempt level for the construction of a
barn, loafing shed, farm equipment storage building, produce storage or packing structure, or
similar agricultural structure, covering 30,000 square feet, and to be used only by the property
owner or his or her agent in the conduct of farming the property. This exemption shall not apply
to feed lots.
(d) Pursuant to WAC 197-11-800(1)(c)(iii), the maximum exempt level for the construction of an
office, school, commercial, recreational, service or storage building with 12,000 square feet of
gross floor area, and with associated parking facilities designed for up to 40 automobiles.
(e) Pursuant to WAC 197-11-800(1)(c)(iv), the construction of a parking lot designed for 40
automobiles shall be exempt.
(2) Categorically Exempt Actions. Actions categorically exempt under subsection (1) of this section
do not require review under this article or the preparation of an environmental impact statement, and
may not be conditioned or denied under SEPA, except as provided in WAC 197-11-305 and
subsection (3) of this section.
(3) Use of Exemptions.
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(a) The responsible official will determine the applicability of a categorical exemption. The
determination by the responsible official that a proposal is exempt from SEPA is final. None of
the procedural requirements of this article (except as provided in WAC 197-11-305 and this
subsection) apply to an exempt proposal.
(b) If a proposal includes exempt and non-exempt actions, the responsible official shall
determine the lead agency pursuant to WAC 197-11-050.
(c) If a proposal includes exempt and non-exempt actions, the county may authorize exempt
actions prior to compliance with procedural requirements of this article, except as provided in
subsections (3)(d) through (3)(g) of this section.
(d) Consistent with WAC 197-11-070, 197-11-305 and 197-11-800, the county may not authorize
the use of exemptions for:
(i) Actions that are not exempt;
(ii) Any action that would have a probable significant adverse environmental impact;
(iii) A series of exempt actions that are physically or functionally related which together
would result in a probable significant adverse environmental impact for the overall project;
or
(iv) Any action that would limit choice of alternatives.
(e) The county may withhold approval of an exempt action that would lead to modification of the
physical environment when such modification would serve no purpose if nonexempt action(s)
were not approved (see WAC 197-11-305(1) (b)(i)).
(f) The county may withhold approval of exempt actions that would lead to substantial financial
expenditures by a private applicant when the expenditures would serve no purpose if the non-
exempt action(s) were not approved (see WAC 173-806-060).
(g) Actions identified as categorically exempt from SEPA under WAC 197-11-800 shall remain
exempt under SEPA even when located in one or more of the environmentally sensitive areas
(ESAs) classified, designated and mapped under Article VI-D of Chapter 18.15 JCC. However,
the categorical exemptions listed in WAC 197-11-800 shall not apply when undertaken wholly or
partly on lands covered by water, regardless of whether or not such lands are mapped as ESAs.
Proposals in areas subject to this subsection (3)(g) shall require environmental review and a
threshold determination, and may be conditioned or denied under this article (see WAC 197-11-
756, 197-11-800, and 197-11-908).
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(4) Use of Existing Documents and Analyses. Procedures for the use, adoption, or incorporation of
existing documents and analyses are provided in WAC 197-11-600, 197-11-610, 197-11-630, and 197-
11-635.
(5) Planned Actions.
(a) The county may, as part of its planning processes, elect to perform or have performed for it
in advance of any development proposal, the environmental review and analysis for certain
actions and their probable impacts. These “planned actions” must be so designated by ordinance
or resolution adopted by the county after the analysis of the actions and their impacts has been
completed.
(b) Planned actions must be located in an urban growth area, a master planned resort (MPR), or
a fully contained community, and meet the additional requirements contained in RCW
43.21C.031 (2)(a).
(c) The analysis must be sufficient to identify and analyze all probable significant impacts and
most nonsignificant impacts of the actions, and to identify (and, optionally, provide) to a great
extent the mitigation necessary (i.e., the significant impacts must be “adequately addressed” in
an environmental impact statement).
(d) As a result of the analysis in subsections (5)(a) and (5)(c) of this section, a development
proposal being prepared under a planned action does not require a threshold determination or the
preparation of an environmental impact statement, but is subject to a full environmental review of
its impacts and full requirements for mitigation as identified and specified by the review for the
planned action in subsection (5)(c) of this section.
(e) If the environmental review identifies additional impacts not addressed by the planned action,
a checklist and threshold determination shall be required. [Ord. 8-06 § 1]
18.40.760 Analysis of nonexempt project and nonproject actions.
The procedures and requirements in this article apply equally to project and nonproject actions.
(1) Submittal of Environmental Checklist.
(a) A completed environmental checklist shall be submitted with any application for a permit or
approval not specifically exempted as per JCC 18.40.750(1). However, a checklist is not
required if the county and applicant agree that an EIS is required, if SEPA compliance has been
completed, or if SEPA compliance has been initiated by another agency. The county shall use
the checklist to determine lead agency and to make the threshold determination if the county is
lead agency.
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(b) Applicants for private proposals shall complete the checklist, and the county shall provide
assistance as appropriate. For county proposals, the department initiating the proposal shall
complete the checklist.
(2) Review of Project Impacts. The responsible official shall review the checklist, other information
about a project, and the applicable regulations to review the environmental impacts of the project and
make a threshold determination. In making this review the responsible official may determine:
(a) All of the project’s probable significant adverse environmental impacts have been adequately
identified and analyzed. If not, additional studies and analyses may be required;
(b) Some or all of the probable significant adverse environmental impacts have been adequately
addressed and mitigated in this UDC and other development regulations adopted by Jefferson
County, the Comprehensive Plan, or in other applicable local, state, or federal laws and rules by:
(i) Avoiding or otherwise mitigating the impacts; or
(ii) The county has designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning required or allowed by the
Growth Management Act (Chapter 36.70A RCW).
Where probable significant adverse environmental impacts have not been adequately mitigated,
the responsible official may condition the project with additional mitigation measures or deny the
permit;
(c) To determine if the probable significant adverse environmental impacts have been addressed
by an existing rule or law of another agency with jurisdiction, the county shall consult orally or in
writing with that agency and may expressly defer to that agency. In making this deferral, the
county shall base or condition its project approval on compliance with that agency’s rules or
laws;
(d) If the county bases or conditions its SEPA approval of the project wholly or in part on
compliance with the requirements or mitigation measures identified in subsections (2)(b)(i) and
(2)(b)(ii), during project review the county shall not impose additional mitigation under SEPA for
those impacts so conditioned;
(e) Nothing in this subsection limits the authority of the county in its review or mitigation of a
project to adopt or otherwise rely on environmental analyses and requirements under other laws,
as provided by SEPA.
(3) Threshold Determination. The “threshold determination” is the decision regarding whether there is
a reasonable likelihood that the project will have a probable significant adverse environmental impact
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on an element of the environment. A threshold determination is required for any proposal that meets
the definition of an “action” under WAC 197-11-704 and is not categorically exempt, a planned action,
or subject to WAC 197-11-600(3). The responsible official shall make and publish the threshold
determination for public comment as provided in JCC 18.40.780:
(a) Determination of Significance (DS). If a project may have a probable significant adverse
environmental impact, a DS shall be issued, and an EIS shall be required. In determining an
impact’s significance, the responsible official shall take into account the guidance in WAC 197-
11-330 and 197-11-794, including:
(i) Locational, quantitative, and cumulative effects, severity and likelihood of the effects, and
effects on environmentally sensitive or special areas; and
(ii) Mitigation measures that will be implemented. The responsible official shall not balance
whether beneficial aspects of a proposal outweigh its adverse environmental impacts in
determining significance.
(b) Determination of Nonsignificance (DNS). If a project will not have a significant adverse
environmental impact, a DNS shall be issued.
(c) Request for Early Indication of DS. Pursuant to WAC 197-11-350(2) and (6), submission of
an environmental checklist and prior to the responsible official’s threshold determination on a
proposal, an applicant may ask the responsible official to indicate whether it is considering a DS.
If the responsible official indicates a DS is likely, the applicant may clarify or change features of
the proposal to mitigate the impacts that led the responsible official to consider a DS likely. The
applicant shall revise the environmental checklist as may be necessary to describe the
clarifications or changes. The responsible official shall make its threshold determination based
upon the changed or clarified proposal. If a proposal continues to have one or more probable
significant adverse environmental impacts, even with mitigation measures, an EIS shall be
prepared. The county’s indication under this section that a DS appears likely shall not be
construed as a determination of significance. Likewise, the preliminary discussion of
clarifications or changes to a proposal shall not bind the county to a mitigated DNS.
(4) Mitigated Determination of Nonsignificance (MDNS). The responsible official may issue a MDNS
as provided in this subsection and in WAC 197-11-350, based on conditions attached to the proposal
by the responsible official or on changes to or clarifications of the proposal made by the applicant.
(a) Mitigation measures that justify issuance of a MDNS shall be incorporated in the DNS shall
be deemed conditions of approval of the permit decision, and may be enforced in the same
manner as any term or condition of the permit. The county may incorporate implementation or
enforcement provisions in the MDNS and require performance guarantees.
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(b) If the tentative county decision on a permit or approval does not include mitigation measures
that were incorporated in a MDNS, the county shall evaluate the threshold determination to
assure consistency with WAC 197-11-340(3)(a) (i.e., withdrawal of a DNS).
(5) The responsible official shall provide for prompt and coordinated review by government agencies
and the public on compliance with applicable environmental laws and plans, including mitigation for
specific probable significant adverse impacts arising from the project that have not been considered
and addressed at the plan or development regulation level. The county may clarify or change features
in their own proposal, and may specify mitigation measures in their DNSs, as a result of comments by
other agencies or the public or as a result of additional agency planning (see WAC 197-11-350).
(6) Durations of comment periods are as provided in JCC 18.40.780. At the end of the comment
period the threshold determination becomes final unless retained, modified, or withdrawn, and the
appeal period begins.
(7) Preparation of EIS.
(a) Preparation of the draft environmental impact statement (DEIS) and final environmental
impact statement (FEIS) and supplemental environmental impact statement (SEIS) are the
responsibility of the county under the direction of the responsible official. Before the county
issues an EIS the responsible official must be satisfied that it complies with this article and with
Chapter 197-11 WAC. When a DS is issued, an opportunity will be provided to comment on the
scope of the EIS that will be developed.
(b) The DEIS, FEIS or SEIS will be prepared by the county or by a consultant in accordance with
county procedures established for consultant selection. If the county requires an EIS for a
proposal and the responsible official determines that a consultant will prepare the EIS, the
applicant shall be so notified immediately after completion of the threshold determination.
(c) The county may require an applicant to conduct specific investigations and to provide
information the county does not possess. The applicant is not required to supply information for
the purpose of EIS preparation if such information is not required under this article.
(d) If a consultant is preparing an EIS, the responsible official shall assure that the EIS is
prepared in a responsible manner. The county shall:
(i) Initiate and coordinate scoping and ensure that the consultant receives all substantive
information submitted through the scoping process;
(ii) Assist the consultant in obtaining information from applicants; and
(iii) Direct the content and organization of the EIS.
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(e) The responsible official shall maintain procedures for preparation of EISs in accordance with
the above.
(8) The DNS and checklist, or FEIS, for non-exempt proposals shall accompany county staff
recommendations to any appropriate decision-making body (e.g., the hearing examiner).
(9) The county shall not take any action on the project permit application until the SEPA appeal period
has lapsed.
(10) Any appeal of the final SEPA determination shall be heard as provided in JCC 18.40.810. [Ord. 8-
06 § 1]
18.40.770 Substantive authority.
(1) The county may attach conditions to a permit or approval for nonexempt actions pursuant to WAC
197-11-660; provided, that:
(a) The conditions are necessary to mitigate probable significant adverse environmental impacts
identified in environmental documents prepared pursuant to this code and Chapter 197-11 WAC;
(b) Such conditions are in writing;
(c) The mitigation measures included in such conditions are reasonable and capable of being
accomplished;
(d) The responsibility to implement the mitigation measures are imposed only to the extent
attributable to the identified adverse environmental impacts of the applicant’s proposal, although
voluntary additional mitigation may occur;
(e) The county has considered whether the requirements of the Jefferson County
Comprehensive Plan and development regulations adopted to implement the Plan, as well as
other local, state, and federal laws or rules, provide adequate analysis of and mitigation for
probable significant adverse environmental impacts of the project proposal; and
(f) Such conditions are based on one or more policies in subsection (3) of this section.
(2) The county may deny a permit or approval for nonexempt actions pursuant to WAC 197-11-660;
provided, that:
(a) A finding is made that approving the proposal would be likely to result in probable significant
adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to
this code and Chapter 197-11 WAC;
(b) A finding is made that there are no reasonable mitigation measures capable of being
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accomplished that are sufficient to mitigate the identified impact;
(c) The denial is based on one or more policies set forth in subsection (3) of this section.
(3) The county designates and adopts by reference the following county plans, ordinances and
policies as the basis for exercise of county authority pursuant to this article:
(a) The county adopts by reference the policies in the following Jefferson County plans and
ordinances:
(i) The Jefferson County Comprehensive Plan, as now exists or may hereafter be amended;
(ii) The Jefferson County Shoreline Master Program, as now exists or may hereafter be
amended;
(iii) This Unified Development Code, as now exists or may hereafter be amended;
(iv) The Jefferson County building code, Chapter 15.05 JCC, as now exists or may hereafter
be amended;
(v) The Jefferson County flood damage protection ordinance, Chapter 15.15 JCC, as now
exists or may hereafter be amended;
(vi) The Jefferson County stormwater management ordinance, JCC 18.30.070, as now
exists or may hereafter be amended;
(vii) The Jefferson County Road, Traffic and Circulation Standards, as they now exist or
may hereafter be amended;
(viii) The Secretary of the Interior’s Standards for Rehabilitating Historic Buildings; and
(ix) All other county plans, ordinances, regulations and guidelines adopted after the effective
date of this Unified Development Code.
(b) The policies enumerated in RCW 43.21C.020.
(c) The county further designates and adopts the following policies as the basis for its exercise
of authority pursuant to this article. The county shall use all practicable means, consistent with
other essential considerations of state policy, to improve and coordinate plans, functions,
programs and resources to the end that the state and its citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding
generations;
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(ii) Assure for all people of the state of Washington and Jefferson County a safe, healthful,
productive and aesthetically and culturally pleasing surrounding;
(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to
health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural and natural aspects of our national heritage;
(v) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources; and
(vi) Achieve a balance between population and resource use, which will permit a high quality
of life for all residents of Jefferson County. [Ord. 8-06 § 1]
18.40.780 Public notice and comment.
(1) When the responsible official makes a threshold determination and issues a DNS or MDNS under
WAC 197-11-340(2), the responsible official shall use the “optional DNS process” pursuant to WAC
197-11-355. Under this process, where the county is the lead agency for a project and the responsible
official has a reasonable basis for determining significant adverse environmental impacts are unlikely,
it shall use a single integrated 14-day comment period to obtain comments on the notice of application
and the likely threshold determination for the proposal. There will be no second comment period when
the DNS or MDNS is issued.
(a) The notice of application shall contain the information regarding the optional DNS process as
set forth in JCC 18.40.190(11), and shall be noticed as set forth in JCC 18.40.210. The notice of
application and environmental checklist shall be sent to agencies with jurisdiction, the
Department of Ecology, affected tribes, and each local agency or political subdivision whose
public services would be changed as a result of the implementation of the proposal, as well as
anyone requesting a copy of the environmental checklist for the specific proposal.
(b) For Type II projects, the threshold determination shall be issued concurrently with the notice
of the administrator’s decision on the underlying project, as further set forth in JCC 18.40.320(3).
(c) For Type III projects, the notice of the threshold determination shall be issued concurrently
with the notice of public hearing on the underlying project before the hearing examiner.
(d) If the county indicates on the notice of application that a DNS or MDNS is likely, an agency
with jurisdiction may assume lead agency status during the comment period on the notice of
application pursuant to WAC 197-11-355(3) and 197-11-948.
(e) Type I projects that are not categorically exempt from SEPA shall be subject to notice of
application and comment period provisions of JCC 18.40.150 through 18.40.220, as well as the
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notice requirements of this section.
(f) If a DS is made concurrent with the notice of application, the DS and scoping notice shall be
combined with the notice of application; provided, however, that the DS/scoping notice may be
issued before the notice of application (RCW 36.70B.110). If sufficient information is not
available to make a threshold determination when the notice of application is issued, the DS may
be issued later in the review process (WAC 197-11-310(6)). If the responsible official issues a
DS under WAC 197-11-360(3), the responsible official shall state the scoping procedure for the
proposal in the DS, as required by WAC 197-11-408, by publishing notice in the official county
newspaper.
(2) If the county issues a DEIS under WAC 197-11-455(5), FEIS under WAC 197-11-560, or SEIS
under WAC 197-11-620, notice of availability of the documents shall be given by publishing notice in
the official county newspaper; by notifying groups which have expressed interest in a certain proposal
being considered; by notifying the news media; by sending notice to agency mailing lists; and by other
means deemed appropriate by the responsible official.
(3) The applicant shall be responsible for all costs of the public notice requirements under this article.
(4) Comment periods begin with the publication of notice as provided in this section. Comments must
be received within:
(a) Fourteen calendar days for a DNS or MDNS;
(b) Twenty-one calendar days for a DS and scoping notice. Pursuant to WAC 197-11-
408(2)(a)(iii), the date of issuance for purposes of computing this comment period shall be the
date the DS is sent to the Department of Ecology and other agencies with jurisdiction and is
made publicly available; and
(c) Thirty calendar days for a DEIS.
(5) The responsible official shall consider timely comments on the notice of application and either
issue a DNS or MDNS with no comment period using the procedures set forth in Article IV of this
chapter and this article; issue a DS; or require additional information or studies prior to making a
threshold determination. A copy of the DNS or mitigated DNS shall be sent to agencies with
jurisdiction, the Department of Ecology, those who commented, and anyone requesting a copy. A
copy of the environmental checklist need not be recirculated.
(6) A DNS or MDNS becomes final at the end of the comment period unless the determination is
modified or withdrawn by the responsible official.
(a) When a DS is withdrawn and a DNS issued, a new notice must be published as provided in
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this section, and a 14-calendar-day comment period provided on the new threshold
determination.
(b) When a DNS is withdrawn and a DS issued, a new notice must be published as provided in
this section, and a 21-calendar-day comment period provided on the new threshold determination
and scoping notice.
(c) If modified, the threshold determination becomes final upon publication of notice as provided
in this section by the responsible official. A new appeal period shall then commence.
(7) Notice for public hearings shall be given consistent with this section and JCC 18.40.230, and may
be combined with other notice(s). [Ord. 8-06 § 1]
18.40.790 Public hearings and meetings.
(1) If a public hearing on the proposal is held under some other requirement of law, the hearing shall
be open to consideration of the environmental impact of the proposal, together with any environmental
document that is available. This does not require extension of the comment periods for environmental
documents.
(2) In all other cases a public hearing on the environmental impact of a proposal shall be held
whenever one or more of the following situations occur:
(a) The county determines that a public hearing would assist it in meeting its responsibility to
implement the purposes and policies of SEPA and its implementing rules;
(b) When 100 or more persons who reside within the county, or who would be adversely affected
by the environmental impact of the proposal, make written request to the lead agency within 30
calendar days of issuance of the DEIS; or
(c) When two or more agencies with jurisdiction over a proposal make written request to the lead
agency within 30 calendar days of the issuance of the DEIS.
(3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no earlier
than 15 calendar days from the date the DEIS is issued, and not later than 50 calendar days from its
issuance. Notice shall be given as set forth in JCC 18.40.780(6).
(4) Whenever a public hearing is held under subsection (2) of this section, it shall be open to
discussion of all environmental documents and any written comments that have been received by the
county prior to the hearing. A copy of the environmental document shall be available at the public
hearing.
(5) Comments at public hearings should be as specific as possible (see WAC 197-11-550).
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(6) The county may hold informal public meetings or workshops. Such gatherings may be more
flexible than public hearings and are not subject to the above notice and similar requirements for
public hearings.
(7) Public meetings held under Chapter 36.70B RCW may be used to meet SEPA public hearing
requirements so long as the requirements of this section are met. A public hearing under this section
need not be an open record hearing as defined in RCW 36.70B.020(3). [Ord. 8-06 § 1]
18.40.800 Environmentally sensitive areas.
(1) Actions identified as categorically exempt from SEPA under JCC 18.40.750(1) shall remain
exempt under SEPA even when located in one or more of the ESAs classified, designated and
mapped under Article VI-D of Chapter 18.15 JCC. A threshold determination shall not be required for
actions identified as categorically exempt.
(2) Actions located in one or more ESAs that are categorically exempt from review under this article,
and which require issuance of a permit or approval under this code or any other applicable county
ordinance or regulation, shall be reviewed, and as necessary, conditioned or denied to assure
consistency with the protection standards contained in Article VI-D of Chapter 18.15 JCC. [Ord. 8-06
§ 1]
18.40.810 Appeals.
(1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations on
Type I permit decisions may not be appealed administratively to the hearing examiner.
(2) Appeal of a Threshold Determination for Type II Permits – Open Record Hearing. The decision of
the responsible official on Type II permits making a threshold determination of a DNS or MDNS,
approving a proposal subject to conditions, or denying a proposal under SEPA’s substantive authority
may be appealed to the hearing examiner pursuant to JCC 18.40.280 for an open record appeal
hearing. Any such appeal must be filed within the time limits of JCC 18.40.330(2)(b), and must be
consolidated with any appeal on the underlying Type II permit decision. Any requests for
reconsideration shall be governed by JCC 18.40.310.
(3) Appeal of a Threshold Determination for Type III Permits – Open Record Hearing. The decision of
the responsible official on Type III permits making a threshold determination of a DNS, approving a
proposal subject to conditions, or denying a project under SEPA’s substantive authority may be
appealed to the hearing examiner pursuant to JCC 18.40.280. The open record public hearing on the
SEPA appeal shall be before the hearing examiner, who shall consider the appeal together with the
decision on the project application in a single, consolidated hearing as further set forth in Article IV of
this chapter. Any requests for reconsideration shall be governed by JCC 18.40.310.
(4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the
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responsible official on Type V decisions (other than a DS) may not be appealed to the hearing
examiner.
(5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a DS it
shall not be appealable. In addition, issues relating to the adequacy of the EIS and other procedural
issues may not be appealed under this article.
(6) Who May Appeal. An applicant or other party of record, as defined in Chapter 18.10 JCC, may file
a SEPA appeal as provided in this article.
(7) Time to Appeal Administrative Decisions. A written statement appealing the threshold
determination must be filed within 14 calendar days after the notice of decision is issued. When the
last calendar day (as defined in Chapter 18.10 JCC) of the appeal period is a Saturday, Sunday or
legal holiday, the appeal period shall run to the next business day.
(8) Form of Appeal. A person or group appealing the decision of the responsible official shall submit a
written appeal in the form and manner set forth in JCC 18.40.330(5). Notice of all appeals shall be
mailed to all parties of record not less than 10 calendar days prior to the date of the public hearing to
consider the appeal.
(9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible official’s
decision, and shall enter findings and/or conclusions into the record to support the decision. In making
the decision, the hearing examiner shall give deference to and afford substantial weight to the
decision of the responsible official. Review shall be on a de novo basis.
(10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the
underlying permit decision, appeals under this article shall be commenced within such time period.
The county shall give official notice stating the date and place for commencing an appeal.
(a) Optional Limitation Period. If there is no time period for appealing the underlying government
action, the county, applicant for or proponent of an action may use a notice of action pursuant to
RCW 43.21C.075 and 43.21C.080. The notice shall describe the action and state time limitations
for commencing a challenge to that action, in a form substantially similar to that provided in
WAC 197-11-990. The notice shall be published by the department, applicant or proponent
pursuant to RCW 43.21C.080, and any action to set aside, enjoin, review or otherwise challenge
any such governmental action shall be commenced within 21 days from the date of the last
newspaper publication of the notice of action, as further set forth in RCW 43.21C.080.
(b) Exemption. This article does not apply to decisions made pursuant to Chapter 90.58 RCW,
the Shoreline Management Act. Appeals of SEPA mitigation measures pertaining to projects
subject to Chapter 90.58 RCW shall be made to the shoreline hearings board along with the
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appeal of the county’s shoreline decision, as further set forth in Chapter 90.58 RCW. In addition,
as an alternative dispute resolution process, any SEPA appeal, whether involving a shoreline
issue or not, may be made to the shoreline hearings board upon the consent of the parties to the
action, as further set forth in RCW 43.21C.075(7).
(11) Violations and Penalties. The administrator is authorized to enforce the provisions of this article
whenever he or she determines that a condition exists in violation of this article or permit issued
hereunder. All violations of any provisions of this article, incorporated standard or permit issued
pursuant to this article are made subject to the provisions of Chapter 18.50 JCC, which provides for
voluntary correction, notice and orders to correct the violation, stop work and emergency orders, and
assessment of civil penalties.
(12) Public Nuisance. All violations of this article are determined to be detrimental to the public health,
safety and welfare and are public nuisances, and may corrected by any reasonable and lawful means,
as further set forth in Chapter 18.50 JCC.
(13) Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in
this article or by law or ordinance, any person who willfully or knowingly violates or fails to comply
with any stop work order or emergency order issued pursuant to Chapter 18.50 JCC is guilty of a
misdemeanor and upon conviction shall be punished as set forth in JCC 18.50.110. Each day such
violation or failure to comply continues shall be considered an additional misdemeanor offense. [Ord.
8-06 § 1]
Article XI. Development Agreements
18.40.820 Purpose.
This article establishes the mechanism under which Jefferson County may enter into development
agreements as authorized by RCW 36.70B.170. A decision to enter into a development agreement
shall be made on a case-by-case basis. A development agreement may be appropriate for large,
complex or phased projects, or projects which were not contemplated by existing development
regulations or existing application procedures. [Ord. 8-06 § 1]
18.40.830 General requirements.
(1) Discretion to Enter Development Agreement. A development agreement is an optional device that
may be used at the sole discretion of the county, except a development agreement shall be required
for applications for master planned resorts in accordance with JCC 18.15.126 and major industrial
developments in accordance with JCC 18.15.605.
(2) Who May Enter. The property owner(s) and the county shall be parties to a development
agreement; provided, that if a proposed development is within an adopted municipal UGA, the
applicable town or city shall also be a party to the agreement. The following may be considered for
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inclusion as additional parties in a development agreement: contract purchasers, lenders, third-party
beneficiaries and utility service providers.
(3) Content of Development Agreements. A development agreement shall be prepared by the applicant
and shall set forth the development standards and other conditions that shall apply to and govern the
development, use and mitigation of the property subject to the agreement.
(4) When Development Agreements May Be Approved. A development agreement may be entered into
prior to, concurrent with or following approval of project permits for development of the property.
(5) Consistency with Unified Development Code. The development standards and conditions set forth
in a development agreement shall be consistent with the applicable development regulations set forth
in the Unified Development Code, except in the case of a master planned resort (which requires a
site-specific Comprehensive Plan amendment), where adopted standards may be modified by the
development standards contained in the agreement, so long as all project impacts have been
adequately mitigated. However, the minimum requirements related to the protection of environmentally
sensitive areas in Article VI-D of Chapter 18.15 JCC may not be varied by adoption of any
development agreement. [Ord. 8-06 § 1]
18.40.840 Development standards to be addressed.
(1) A development agreement shall include, but need not be limited to, one or more of any of the
following types of development controls and conditions:
(a) Project elements such as permitted uses, residential and nonresidential densities, scale and
intensity of uses and/or building sizes;
(b) Mitigation measures, development conditions and other requirements pursuant to
environmental review under Chapter 43.21C RCW;
(c) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, screening and landscaping and other development features;
(d) Roads, water, sewer, storm drainage and other infrastructure requirements;
(e) Affordable housing;
(f) Recreational uses and open space preservation;
(g) Phasing;
(h) Development review procedures, processes and standards for implementing decisions,
including methods of reimbursement to the county for review processes;
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(i) Other appropriate development requirements or procedures.
(2) A development agreement may obligate a party to fund or provide services, infrastructure, or other
facilities. Project applicants and governmental entities may include provisions and agreements
whereby applicants are reimbursed over time for financing public facilities.
(3) Development agreements shall:
(a) Establish a process for amending the agreement;
(b) Specify a termination date upon which the agreement expires;
(c) Establish a vesting period for applicable standards; and
(d) Reserve authority to impose new or different regulations to the extent required by a serious
threat to public health and safety. [Ord. 8-06 § 1]
18.40.850 Procedures.
(1) A development agreement shall be initiated by a written request from the property owner to the
administrator of the department of community development. The request should describe the project
and the specific reasons why the project is suitable for a development agreement. The request should
identify the development standards set forth in JCC 18.40.840 that the applicant is requesting to be
included in the development agreement and any other reasonable information requested by the
county.
(2) If the administrator determines in his or her discretion that a development agreement should be
considered by the county, the property owner shall be so informed, except that development
agreements shall be required for the approval of master planned resorts in accordance with JCC
18.15.126 and for the approval of major industrial developments in accordance with JCC 18.15.605.
(3) When a development agreement is being considered prior to project permit approvals, the property
owner shall provide the county with the same information that would be required for a complete
application for such project permits in order for the county to determine the development standards
and conditions to be included in the development agreement.
(4) When a development agreement is being considered following approval of project permits, the
development standards and other conditions set forth in such project permits shall be used in the
development agreement without modification.
(5) The county shall only approve a development agreement by ordinance or resolution after a public
hearing. The board of county commissioners may, in its sole discretion, approve the development
agreement. If the development agreement relates to a project permit application, the provisions of
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1
Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.
(6) An approved and fully executed development agreement shall be recorded with the county auditor.
[Ord. 8-06 § 1]
18.40.860 Effect.
(1) A development agreement is binding on the parties and their successors, including a city that
assumes jurisdiction through incorporation or annexation of the area covering the property subject to
the development agreement.
(2) A development agreement shall be enforceable during its term by a party to the agreement.
(3) A development agreement shall govern during the term of the agreement all or that part of the
development specified in the agreement and may not, unless otherwise agreed to in the development
agreement, be subject to an amendment to a local government land use ordinance or development
standard or regulation or a new local government land use ordinance or development standard or
regulation adopted after the effective date of the agreement.
(4) Permits issued by the county after the execution of the development agreement shall be
consistent with the agreement.
(5) Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Chapter 374, Laws of 1995, or
this chapter is intended to authorize the county to impose impact fees, inspection fees, or dedications
or to require any other financial contributions or mitigation measures except as expressly authorized
by other applicable provisions of state law. [Ord. 8-06 § 1]
Pursuant to RCW 36.70B.140(2), boundary line adjustments, building and other construction permits,
or similar administrative approvals categorically exempt from environmental review under SEPA
(i.e., Chapter 43.21C RCW), or permits/approvals for which environmental review has been
completed in connection with other project permits, are excluded from the provisions of RCW
36.70B.060, and 36.70B.110 through 36.70B.130.
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Chapter 18.25
SHORELINE MASTER PROGRAM
Sections:
Article I. Introduction
18.25.010 Purpose and intent.
18.25.020 Applicability.
18.25.030 Governing principles of this master program.
18.25.040 Title.
18.25.050 Adoption authority.
18.25.060 Critical areas regulations adopted by reference.
18.25.070 Relationship to other plans and regulations.
18.25.080 Liberal construction.
18.25.090 Severability.
Article II. Definitions
18.25.100 Definitions.
Article III. Master Program Goals
18.25.110 Purpose.
18.25.120 Conservation.
18.25.130 Economic development.
18.25.140 Historic, archaeological, cultural, scientific and educational resources.
18.25.150 Public access.
18.25.160 Recreation.
18.25.170 Restoration and enhancement.
18.25.180 Shoreline use.
18.25.190 Transportation, utilities and essential public facilities.
Article IV. Shoreline Jurisdiction and Environment Designations
18.25.200 Shoreline jurisdiction and mapping.
18.25.210 Shoreline environment designations – Purpose and criteria.
18.25.220 Uses allowed in each shoreline environment designation.
Article V. Shorelines of Statewide Significance
18.25.230 Adoption of policy.
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18.25.240 Designation of shorelines of statewide significance.
18.25.250 Use preference.
Article VI. General Policies and Regulations
18.25.260 Applicability.
18.25.270 Critical areas, shoreline buffers, and ecological protection.
18.25.280 Historic, archaeological, cultural, scientific and educational resources.
18.25.290 Public access.
18.25.300 Shoreline setbacks and height.
18.25.310 Vegetation conservation.
18.25.320 Water quality and quantity.
Article VII. Shoreline Modifications Policies and Regulations
18.25.330 Applicability – Purpose.
18.25.340 Beach access structures.
18.25.350 Boating facilities – Boat launches, docks, piers, floats, lifts, marinas, and mooring
buoys.
18.25.360 Dredging.
18.25.370 Filling and excavation.
18.25.380 Flood control structures.
18.25.390 In-stream structures.
18.25.400 Restoration.
18.25.410 Structural shoreline armoring and shoreline stabilization.
Article VIII. Use-Specific Policies and Regulations
18.25.420 Purpose.
18.25.430 Agriculture.
18.25.440 Aquaculture.
18.25.450 Commercial use.
18.25.460 Forest practices.
18.25.470 Industrial and port development.
18.25.480 Mining.
18.25.490 Recreation.
18.25.500 Residential.
18.25.510 Signs.
18.25.520 Transportation.
18.25.530 Utilities.
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Article IX. Permit Criteria and Exemptions
18.25.540 Substantial development permit criteria.
18.25.550 Exemptions from shoreline substantial development permit process.
18.25.560 Exemptions listed.
18.25.570 Statements of exemption.
18.25.580 Variance permit criteria.
18.25.590 Conditional use permit criteria.
18.25.600 Unclassified uses.
Article X. Administration and Enforcement
18.25.610 Administrative authority and responsibility.
18.25.620 Permit application review.
18.25.630 Minimum permit application requirements.
18.25.640 Preapplication conferences.
18.25.650 Notice of application and permit application review.
18.25.660 Nonconforming development.
18.25.665 State Environmental Policy Act (SEPA) compliance.
18.25.670 Burden of proof.
18.25.680 Permit conditions.
18.25.690 Public hearings.
18.25.700 Expiration of permits and permit exemptions.
18.25.710 Permits and permit exemptions – Effective date.
18.25.720 Satisfaction of conditions required prior to occupancy or use.
18.25.730 Revisions following expiration of original permit or permit exemption.
18.25.740 Extensions – Notice to Ecology.
18.25.750 Notice of decision, reconsideration and appeal.
18.25.760 Initiation of development.
18.25.770 Permit revisions.
18.25.780 Rescission and modification.
18.25.790 Violations and penalties.
18.25.800 Remedies.
18.25.810 Abatement.
18.25.820 Third-party review.
18.25.830 Inspections.
18.25.840 Master program amendments.
18.25.850 Fees.
18.25.860 Transfer of permits.
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Article XI. Official Shoreline Map
18.25.870 Official shoreline map.
Article I. Introduction
18.25.010 Purpose and intent.
(1) The purposes of this shoreline master program are to:
(a) Guide the future use and development of Jefferson County’s shorelines in a positive,
effective, and equitable manner consistent with the Washington State Shoreline Management Act
of 1971 (Chapter 90.58 RCW) as amended; and
(b) Promote the health, safety, and general welfare of the community by providing long range,
comprehensive policies and effective, reasonable regulations for use and development of
Jefferson County shorelines; and
(c) Ensure, at minimum, no net loss of shoreline ecological functions and processes; and
(d) Plan for restoring shorelines that have been impaired or degraded in the past; and
(e) Adhere to the policies contained in RCW 90.58.020 for shorelines of the state:
It is the policy of the State to provide for the management of the shorelines of the State by
planning for and fostering all reasonable and appropriate uses. This policy is designed to
insure the development of these shorelines in a manner, which, while allowing for limited
reduction of rights of the public in the navigable waters, will promote and enhance the public
interest. This policy contemplates protecting against adverse effects to the public health,
the land and its vegetation and wildlife, and the waters of the State and their aquatic life,
while protecting generally public rights of navigation and corollary rights incidental thereto...
In the implementation of this policy the public’s opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the State shall be preserved to the greatest
extent feasible consistent with the overall best interest of the State and the people
generally. To this end uses shall be preferred which are consistent with control of pollution
and prevention of damage to the natural environment or are unique to or dependent upon
use of the State’s shoreline. Alterations of the natural condition of the shorelines of the
State, in those limited instances when authorized, shall be given priority for single family
residences, ports, shoreline recreational uses including but not limited to parks, marinas,
piers, and other improvements facilitating public access to shorelines of the State,
industrial and commercial developments which are particularly dependent on their location
on or use of the shorelines of the State, and other development that will provide an
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opportunity for substantial numbers of the people to enjoy the shorelines of the State.
Permitted uses in the shorelines of the State shall be designed and conducted in a manner
to minimize, insofar as practical, any resultant damage to the ecology and environment of
the shoreline area and any interference with the public’s use of the water.
[Ord. 7-13 Exh. A (Art. I § 1)]
18.25.020 Applicability.
(1) All proposed uses and development, as defined in Article II of this chapter, occurring within
shoreline jurisdiction shall comply with this program and Chapter 90.58 RCW. This program applies to
all uses and developments within shoreline jurisdiction whether or not a shoreline permit or statement
of permit exemption is required.
(2) This program’s shoreline uses and developments shall be classified as follows:
(a) Permitted Uses and Developments. Uses and developments that are consistent with this
program and Chapter 90.58 RCW. Such uses/developments shall require a shoreline substantial
development permit, a shoreline conditional use permit, a shoreline variance, and/or a statement
that the use/development is exempt from a shoreline substantial development permit.
(b) Prohibited Uses and Developments. Uses and developments that are inconsistent with this
program and/or Chapter 90.58 RCW and which cannot be allowed through any permit or
variance.
(3) Classification of a use or development as permitted does not necessarily mean the
use/development is allowed. It means the use/development may be permitted subject to review and
approval by the county and/or the Department of Ecology. Many permitted uses/developments,
including those that do not require a substantial development permit, can individually or cumulatively
affect adjacent properties and/or natural resources and therefore must comply with this program in
order to avoid or minimize such adverse impacts. The county may attach conditions of approval to
any permitted use via a permit or statement of exemption as necessary to assure consistency of the
project with the Shoreline Management Act and this program.
(4) This program shall apply to:
(a) All of the lands and waters of Jefferson County that fall under the jurisdiction of Chapter
90.58 RCW; and
(b) Every person, individual, firm, partnership, association, organization, local or state
governmental agency, public or municipal corporation, or other nonfederal entity; and
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(c) All nonfederal uses and developments undertaken on federal lands and on lands subject to
nonfederal ownership, lease, or easement, even though such lands may fall within the external
boundaries of federally owned lands1.
(5) Federal agencies are subject to this program and Chapter 90.58 RCW, as provided by the Coastal
Zone Management Act (16 U.S.C. 1451 et seq. and WAC 173-27-060(1)).
(6) The provisions of this program shall not apply to lands held in trust by the United States for Indian
Nations, tribes or individuals. Where tribal concerns are expressed in relation to SMP jurisdiction,
those shall be resolved through appropriate government to government consultation in accordance
with Washington State Centennial Accord and the RCW. [Ord. 7-13 Exh. A (Art. I § 2)]
18.25.030 Governing principles of this master program.
(1) The goals, policies and regulations of this program are based on the governing principles in WAC
173-26-186 and the policy statements of RCW 90.58.020.
(2) Any inconsistencies between this program and Chapter 90.58 RCW must be resolved in
accordance with the RCW.
(3) The planning policies of this program may be achieved by diverse means, one of which is
regulation. The county may also acquire land, implement capital projects and programs, encourage
voluntary measures, create incentive programs, or use other means to implement this program’s
planning policies.
(4) When regulating use and development of private property, the county’s actions must be consistent
with all relevant legal limitations including constitutional limitations. This program must not
unconstitutionally infringe on private property rights or result in an unconstitutional taking of private
property.
(5) The regulatory provisions of this program are limited to shorelines of the state, whereas the
planning functions of this program may extend beyond shoreline jurisdiction.
(6) The policies and regulations of this program must be integrated and coordinated with the policies
and rules of the Jefferson County Comprehensive Plan (Comprehensive Plan) and its implementing
development regulations adopted under the Growth Management Act (Chapter 36.70A RCW).
(7) The policies and regulations of this program are intended to protect shoreline ecological functions
by:
(a) Requiring that current and potential ecological functions be identified and understood when
evaluating new uses and developments.
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(b) Requiring adverse impacts to be mitigated in a manner that ensures no net loss of shoreline
ecological functions. Mitigation, as defined in Article II of this chapter, shall include avoiding first,
then minimizing, and then replacing/compensating for lost functions and/or resources.
(c) Ensuring that all uses and developments, including preferred uses and uses that are exempt
from a shoreline substantial development permit, will not cause a net loss of shoreline ecological
functions.
(d) Preventing, to the greatest extent practicable, cumulative impacts from individual
developments.
(e) Fairly allocating the burden of preventing cumulative impacts among development
opportunities.
(f) Including regulations and regulatory incentives to restore shoreline ecological functions where
such functions have been degraded by past actions. [Ord. 7-13 Exh. A (Art. I § 3)]
18.25.040 Title.
This document shall be known as the Jefferson County shoreline master program (“the master
program” or “this program”). [Ord. 7-13 Exh. A (Art. I § 4)]
18.25.050 Adoption authority.
This master program is adopted under the authority granted by Chapter 90.58 RCW and Chapter 173-
26 WAC. [Ord. 7-13 Exh. A (Art. I § 5)]
18.25.060 Critical areas regulations adopted by reference.
(1) The Jefferson County critical areas regulations contained in Chapter 18.22 JCC are integral and
applicable to this program, and are hereby adopted by reference, except that:
(a) Nonconforming use and development within shoreline jurisdiction shall be subject to this
program and not JCC 18.22.080.
(b) Exceptions to critical area and buffer standards shall be allowed as described in Article VI
(JCC 18.25.270(5)) of this program.
(c) Activities that are exempt from critical areas regulation per JCC 18.22.070 shall comply with
this program. Such activities may require a shoreline substantial development permit, shoreline
variance, or shoreline conditional use permit unless this program and RCW 90.58.030(3)(e)
specifically indicate the activity is exempt from shoreline substantial development permit
requirements. This provision shall not apply to agricultural activities on agricultural lands, which
are exempt from both JCC 18.22.070 and this program.
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(2) The provisions of Chapter 18.22 JCC shall apply to any use, alteration or development within
shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required.
(3) Within shoreline jurisdiction, the regulations of Chapter 18.22 JCC shall be liberally construed
together with this program to give full effect to the objectives and purposes of the provisions of this
program and Chapter 90.58 RCW.
(4) All references to the critical areas ordinance are for the version adopted on March 17, 2008, as
Ordinance No. 03-0317-08, and further amended on May 11, 2009, as Ordinance No. 06-0511-09.
(5) Ocean uses and activities conducted within Jefferson County’s and the state of Washington’s
jurisdiction shall comply with Chapter 43.143 RCW (Ocean Resources Management Act) and WAC
173-26-360 (Ocean Management). Nothing in this subsection is intended to expand or modify the
applicability of Chapter 43.143 RCW, WAC 173-26-360, or any subsections thereof, to ocean uses
and activities not otherwise governed by those laws, administrative rules, or their subsections. [Ord.
7-13 Exh. A (Art. I § 6)]
18.25.070 Relationship to other plans and regulations.
(1) Uses and developments regulated by this program may also be subject to other provisions of the
JCC, the Jefferson County Comprehensive Plan, the Washington State Environmental Policy Act
(Chapter 43.21C RCW and Chapter 197-11 WAC), and other local, state and federal laws.
(2) Project proponents are responsible for complying with all applicable laws prior to commencing any
use, development or activity.
(3) Where this program makes reference to any RCW, WAC, or other state or federal law or
regulation, the most recent amendment or current edition shall apply.
(4) In the event this program conflicts with other applicable county policies or regulations, all
regulations shall apply and unless otherwise stated, the more restrictive provisions shall prevail. [Ord.
7-13 Exh. A (Art. I § 7)]
18.25.080 Liberal construction.
This program is exempt from the rule of strict construction; therefore this program shall be liberally
construed to give full effect to its goals, policies and regulations. Liberal construction means that the
interpretation of this document shall not only be based on the actual words and phrases used in it, but
also by taking its deemed or stated purpose into account. Liberal construction means an interpretation
that tends to effectuate the spirit and purpose of the writing. For purposes of this program, liberal
construction means that the administrator shall interpret the regulatory language of this program in
relation to the broad policy statement of RCW 90.58.020, and make determinations which are in
keeping with those policies as enacted by the Washington State Legislature. [Ord. 7-13 Exh. A (Art. I
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§ 8)]
18.25.090 Severability.
If any section or provision of this program is declared invalid it shall not affect the validity of this
program as a whole. [Ord. 7-13 Exh. A (Art. I § 9)]
Article II. Definitions
18.25.100 Definitions.
These SMP definitions are derived from multiple sources. Definitions denoted with (*) are from this
title. Definitions denoted with (**) are from Chapter 173-26 WAC. Definitions denoted with (***) are
from Chapter 90.58 RCW. Definitions denoted with (****) are from the previously adopted county SMP
(this chapter) and/or the proposed but not adopted 2000 Draft SMP. Definitions with no asterisk are
derived from other sources or represent the best professional judgment of the authors.
(1) A Definitions.
(a) *“Abandon” means to terminate the use of a structure by an affirmative act such as changing
to a new use; or to cease, terminate, or vacate a use or structure through nonaction. Except for
ongoing agricultural activities, there shall be a presumption that a use has been abandoned if it is
not undertaken, utilized, implemented or performed for a period of two years from the date of
cessation/termination or vacation.
(b) *“Abutting” means adjoining with a common boundary line or any portion thereof.
(c) *“Accessory dwelling unit” means an additional dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure on the same lot as the
main structure, for use as a complete, independent living facility with provisions within the
accessory dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be
considered an accessory use to the main dwelling and be clearly subordinate to the main
dwelling.
(d) “Accessory structure” means any detached structure that is optional, incidental and
subordinate to a primary use and located on the same lot as the primary use. Boathouses,
barns, storage sheds, workshops, gazebos, docks, piers, floats, buoys, beach access
structures and other similar structures are examples that are typically accessory to a primary
use.
(e) *“Accessory use” means use of land or of a building or portion thereof incidental and
subordinate to the principal use and located on the same lot with the principal use. Private
moorage and other recreational uses are examples of uses that are accessory to residential
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development.
(f) ****“Accretion” means the slow addition of land by the deposition of water-borne sediment
through the net effect of wave action and longshore drift.
(g) **“Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) as amended.
(h) *“Adequate” means acceptable but not excessive.
(i) *“Adjacent” means (in addition to abutting) that which is near or close; for example, an
industrial district across the road or highway from a commercial district shall be considered as
adjacent.
(j) *“Adjacent lands, shoreline” means lands adjacent to the shorelines of the state (outside of
shoreline jurisdiction). See RCW 90.58.340.
(k) *“Administrator” means the Jefferson County department of community development director
or a designated representative.
(l) *“Adverse impact or effect” means the result of a condition that creates, imposes, aggravates,
or leads to inadequate, impractical, unsafe, or unhealthy conditions or reduces ecological
functions or values.
(m) ****“Advertising” means publicly displayed messages or signs, billboards, placards, or
buildings that direct attention to promotion of a business, service, or product.
(n) *“Aggrieved party” means a party of record who can demonstrate the following:
(i) The land use decision will prejudice the person;
(ii) The asserted interests are among those the county is required by county code, federal
or state law or regulation to consider in making a land use decision; and
(iii) A decision on appeal in favor of the person would substantially eliminate or redress the
prejudice alleged to be caused by the land use decision.
(o) **“Agricultural activities” means agricultural uses and practices including, but not limited to:
producing, breeding, or increasing agricultural products; rotating and changing agricultural crops;
allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left
unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse
agricultural market conditions; allowing land used for agricultural activities to lie dormant
because the land is enrolled in a local, state, or federal conservation program, or the land is
subject to a conservation easement; conducting agricultural operations; maintaining, repairing,
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and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities;
provided, that the replacement facility is no closer to the shoreline than the original facility; and
maintaining agricultural lands under production or cultivation.
(p) **“Agricultural land” means those specific land areas on which agriculture activities are
conducted as of the date of adoption of this master program pursuant to the state guidelines
(Chapter 173-26 WAC) as evidenced by aerial photography or other documentation. After the
effective date of the master program, land converted to agricultural use is subject to compliance
with the requirements of the master program.
(q) *“Agriculture, existing and ongoing” means any agricultural activity conducted on an ongoing
basis on lands enrolled in the open space tax program for agriculture or designated as
agricultural lands of long-term commercial significance on the official map of Comprehensive
Plan land use designations; provided, that agricultural activities were conducted on those lands
at any time during the five-year period preceding April 28, 2003. Agricultural use ceases when
the area on which it is conducted is converted to a nonagricultural use.
(r) *“Agriculture, new” means agricultural activities proposed or conducted after April 28, 2003,
and that do not meet the definition of existing ongoing agriculture.
(s) *“Allowed use” means uses allowed subject to the provisions of this program, including
meeting applicable performance and development standards; if a shoreline permit, building
permit or other development permit (e.g., stormwater permit) is required, the use is subject to
the project review and approval process.
(t) “Alteration” means any human induced change in an existing condition of a shoreline and/or
its buffer. Alterations include but are not limited to grading; filling; channelizing; dredging;
clearing (vegetation); draining; constructing structures; compaction, excavation, or any other
activity that changes the character of a site.
(u) *“Alteration, nonconforming structures” means any change or rearrangement in the
supporting members of existing buildings, such as bearing walls, columns, beams, girders, or
interior partitions, as well as any changes in doors, windows, means of egress or ingress or any
enlargement to or diminution of a building or structure, horizontally or vertically, or the moving of
a building from one location to another. This definition excludes normal repair and maintenance,
such as painting or roof replacement, but includes more substantial changes.
(v) *“Alteration, nonconforming use” means the expansion, modification or intensification of a
use that does not conform to the land use regulations of this program.
(w) “Anadromous fish” means fish species that spend part of their lifecycle in saltwater, but
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return to freshwater to reproduce.
(x) *“Appeal” means a request by an applicant or citizen that a decision made pursuant to this
program be reviewed for its correctness and legality by another person, agency or court of law
having jurisdiction to hear such an appeal.
(y) *“Applicant” means the owner or owners of record of the property subject to a project permit
application under this program, or authorized representative thereof.
(z) *“Application” means the forms, plans and accompanying documents required for any project
permit approval under this code.
(aa) “Appurtenance, normal” means a structure or use that is necessarily connected to a primary
use and is located landward of the ordinary high water mark. Normal appurtenances for
residential development are garages, utilities, septic tanks and drainfields, as well as driveways,
walkways, and fences, plus initial clearing and grading for a new residence which does not
exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward
of the ordinary high water mark.
(bb) “Aquaculture” means the farming or culture of food fish, shellfish, or other aquatic plants or
animals in freshwater or saltwater, and may include development such as structures, as well as
use of natural spawning and rearing areas. Aquaculture does not include the harvest of wildstock
geoduck on state-owned lands. Wildstock geoduck harvest is a fishery.
(cc) *“Aquaculture activity” means actions directly pertaining to growing, handling, or harvesting
of aquaculture produce. Examples include, but are not limited to, propagation, tank farms,
hatcheries, incubators/nurseries, stocking, feeding, disease treatment, depuration facilities,
waste disposal, water use, development of habitat and structures, sorting, wet storage, and
staging. Excluded from this definition are related commercial or industrial uses such as
wholesale and retail sales, final processing and freezing.
(dd) *“Aquaculture facility or farm” means any facility or tract of land used to culture aquatic
products. Each geographically separate facility or tract of land used for aquaculture shall
constitute a separate facility/farm; provided, that adjoining farms/facilities with separate
operators shall be considered separate facilities/farms.
(ee) *“Archaeological” means having to do with the scientific study of material remains of past
human life and activities.
(ff) “Archaeological resource/site” means a geographic locality including, but not limited to,
submerged and submersible lands and the bed of the sea that contains physical evidence of an
indigenous and subsequent culture including material remains of past human life, monuments,
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symbols, tools, facilities, graves, skeletal remains and technological byproducts:
(i) That are associated with events that have made a significant contribution to the broad
patterns of our history; or
(ii) That are associated with the lives of significant persons in our past; or
(iii) That embody the distinctive characteristics of a type, period or method of construction,
or that represent the work of a master, or that possess high artistic values, or that represent
a significant and distinguishable entity whose components may lack individual distinction; or
(iv) That have yielded or may be likely to yield, information important in history or
prehistory.
(gg) “Archaeologist” is a person listed on the Washington State Department of Archaeology and
Historical Preservation list of qualified archaeologists.
(hh) “Associated wetlands” means wetlands that are in proximity to tidal waters, lakes, rivers or
streams that are subject to the Shoreline Management Act and either influence or are influenced
by such waters. Factors used to determine proximity and influence include but are not limited to:
location contiguous to a shoreline waterbody, formation by tidally influenced geohydraulic
processes, presence of a surface connection including through a culvert or tide gate, location in
part or whole within the 100-year floodplain of a shoreline, periodic inundation, and/or hydraulic
continuity.
(ii) *“Average grade level” means the average of the natural or existing topography of the portion
of the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or
structure as measured by averaging the elevations at the center of all exterior walls of the
proposed structure. In the case of structures to be built over the water, the average grade level
shall be the elevation of the ordinary high water.
(2) B Definitions.
(a) *“Backshore” means the area landward of the high tide line wetted by storm tides but
normally dry. It may be a narrow gravel berm below a sea bluff or a broader complex of berms,
marshes, meadows, or dunes.
(b) *“Barrier beach” means an accretion shore form of sand and gravel that has been deposited
by longshore drift in front of bluffs, bays, marshes, or estuaries, and functions like a storm
barrier.
(c) *“Bar” means a marine or river shore form similar to a spit or a hook, though generally not
attached to the mainland during periods of high water.
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(d) *“Beach” means the zone of unconsolidated material that is moved by waves, wind and tidal
currents.
(e) *“Beach restoration and enhancement” means the alteration of terrestrial and tidal shorelines
or submerged shorelines for the purposes of stabilization, recreational enhancement, or aquatic
habitat creation or restoration. The materials used depend upon the intended use. For instance,
to create a beach for recreational purposes, various grades of clean sand or pea gravel are often
used. To restore or recreate a shore feature or an underwater aquatic environment (e.g., a reef),
a combination of a rock matrix and sand or other materials may be used. To restore riparian
habitat functions, native vegetation may be used.
(f) *“Base flood” means the flood having a one percent chance of being equaled or exceeded in
any given year; also known as the 100-year flood, as shown on the FIRM maps.
(g) *“Base flood elevation” means the elevation for which there is a one percent chance in any
given year that flood levels will equal or exceed it.
(h) “Beach access structure” means a structural pathway/walkway for purposes of providing
pedestrian access to a beach or shoreline area, not for motorized vehicle access. It often
includes a stairway, tram, stair tower, platform and/or elevated walkway anchored to the ground
surface by structural means.
(i) “Beds of navigable waters” or “bedlands” means those lands lying waterward of and below the
line of navigability on rivers and lakes not subject to tidal flow, or extreme low tide mark in
navigable tidal waters, or the outer harbor line where harbor area has been created (RCW
79.105.060(2)).
(j) “Bedrock” means a general term for rock, typically hard, consolidated geologic material that
underlies soil or other unconsolidated, superficial material or is exposed at the surface.
(k) “Berm” or “protective berm” means one or several accreted linear mounds of sand and gravel
generally paralleling the shore at or landward of OHWM; berms are normally stable because of
material size or vegetation, and are naturally formed by net-shore drift. Also, a linear mound
used to screen an adjacent activity (e.g., a parking lot) from transmitting excess noise and glare.
(l) *“Best management practices (BMPs)” means systems of practices, schedules of activities,
prohibitions, maintenance procedures, and management measures that prevent or minimize
adverse impacts to the environment.
(m) ****“Bioengineering” or “biostabilization” means the practice of using natural vegetative
materials to stabilize shorelines and prevent erosion. This may include use of bundles of stems,
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root systems, or other living plant material, soft gabions, fabric or other soil stabilization
techniques, and limited rock toe protection where appropriate. Bioengineering projects often
include habitat enhancement measures (e.g., anchored logs, root wads, etc.). Such techniques
may be applied to creeks, rivers, lakes, reservoirs, and marine waters. Bioengineering may also
be applied in upland areas away from the immediate shoreline.
(n) *“Board (BOCC)” means the board of county commissioners for Jefferson County. Also
referenced as board of commissioners or county commissioners.
(o) *“Boat building and repair, commercial” means a commercial establishment where boats are
constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon.
(p) “Boating facilities” means any public or private facility for storing or launching vessels or
watercraft. This includes marinas, open water moorage and anchorage areas, boat launch
ramps, boat lifts, mooring buoys, piers, floats and docks or any other similar single-user or
shared-use facility for public recreational use or private residential use. For purposes of this
program, boathouses, boat repair shops, and other upland boat storage structures are not
considered boating facilities.
(q) “Boathouse” means an enclosed structure designed and used exclusively for the storage of
boats and boating equipment and not used as a dwelling unit.
(r) ****“Boat launch” or “boat ramp” means a slab, pad, plank, rail, or graded slope used for
launching boats by means of a trailer, hand, or mechanical device.
(s) “Boat lift” is an in-water structure used for the dry berthing of vessels above the water level
and lowering of vessels into the water periodically. A boat lift as herein defined is used to berth
and launch a single vessel, suspended over the water’s surface. A boat lift is generally a
manufactured unit without a canopy cover and may be placed in the water adjacent to a
dock/pier or as a stand-alone structure. A boat lift may be designed either for boats or personal
watercraft. A boat lift is to be differentiated from a hoist or crane used for the launching or haul-
out of vessels.
(t) “Bottom culture” means all aquaculture systems that are set on or securely and rigidly
attached to the tidelands or bedlands and do not extend higher than six feet from the bottom
(excluding hoists and similar apparatus). Bottom culture includes but is not limited to geoduck
tubes, oyster longlines, clam netting, oyster rack and bags, and clam bags. Bottom culture does
not include aquaculture suspended from rafts or buoys or contained in floating net pens.
(u) ****“Breakwater” means an offshore structure that is generally built parallel to shore that may
or may not be connected to land, and may be floating or stationary. Their primary purpose is to
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protect harbors, moorages and navigation activity from wave and wind action by creating
stillwater areas along shore. A secondary purpose is to protect shorelines from wave caused
erosion. Most breakwaters in the Pacific Coast are rip-rap mound construction.
(v) “Buffer” or “buffer zone, strip, or area” means the area adjacent to a shoreline or critical area
that separates and protects the area from adverse impacts associated with adjacent land uses.
A buffer is measured horizontally and perpendicularly from the ordinary high water mark, and
includes the three-dimensional airspace above.
(w) “Building” means any structure used or intended for supporting or sheltering any use or
occupancy as defined in the International Building Code.
(x) *“Building envelope” means:
(i) A three-dimensional space in which a building or structure may be built meeting septic
requirements;
(ii) A plat restriction for the purpose of defining building coverage areas for individual lots, or
for describing shoreline building setbacks;
(iii) The buildable area of a lot, tract or parcel after applicable setbacks, buffers, easements
and other restrictions on the lot, tract or parcel are taken into account.
(y) ****“Bulkhead” means a wall usually constructed parallel to the shore with the primary
purpose of containing and preventing the loss of soil caused by erosion or wave action.
Bulkheads are usually constructed of rock, poured-in-place concrete, steel or aluminum sheet
piling, wood or wood and structural steel combinations. They may be either thin structures
penetrating deep into the ground, or more massive structures resting on the surface.
(3) C Definitions.
(a) *“Campground and camping facilities” means a facility in which sites are offered for persons
using tents or other personal, portable overnight shelters. Campgrounds are for short-term stays
and do not include trailer parks.
(b) “Canopy” means the collective branches and foliage of a single tree or group of trees,
aggregate or collective tree crowns. A canopy can be closed or partially closed as in a forest or
woodland stand, or composed of both individual trees and closed canopy groups as in an urban
forest canopy.
(c) “Canopy cover” means the drip line area for an individual tree. For a stand of multiple trees it
is the sum of the drip line areas of each tree less any overlap.
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(d) ****“Channel” means an open water either naturally or artificially created to convey water.
(e) *“Channel migration zone (CMZ)” means an area within the lateral extent of likely stream
channel movement that is subject to risk due to stream bank destabilization, rapid stream
incision, stream bank erosion and shifts in the location of stream channels.
“Channel migration zone” includes:
(i) The historic channel migration zone (which is the footprint of the active channel
documented through historical photographs and maps); and
(ii) The avulsion hazard zone (which is an area with the potential for movement of the main
river channel into a new location); and
(iii) The erosion hazard area (which is an area outside the historic channel migration zone
and the avulsion hazard zone, and includes an erosion setback for a 100-year period of time
and a geotechnical setback to account for slope retreat to a stable angle of repose).
(iv) “High channel migration hazard” (or “high risk CMZ”) for the Big Quilcene, Little
Quilcene, Dosewallips, Duckabush, and Lower Hoh Rivers means those nondisconnected
portions of the channel that are likely to migrate within a 50-year timeframe.
(v) For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers, “moderate
channel migration hazard” (or “moderate risk CMZ”) means those nondisconnected portions
of the channel that are likely to migrate within a 50- to 100-year timeframe; and “low channel
migration hazard” (or “low risk CMZ”) means those nondisconnected portions of the channel
that are likely to migrate beyond a 100-year timeframe.
(vi) For the Lower Hoh River, “moderately high hazard” (or “moderately high risk CMZ”)
means those nondisconnected portions of the channel that are likely to migrate within a 50-
to 100-year timeframe, “moderate hazard” means those nondisconnected portions of the
channel that are likely to migrate beyond a 100-year timeframe, and “low hazard” means the
nondisconnected portions of the channel that are less likely to be affected by channel
migration, but is still at risk due to its location on the valley floor.
“Channel migration zone” does not include disconnected migration areas, which are areas that
have been disconnected from the river by legally existing artificial structure(s) that restrain
channel migration (such as levees and transportation facilities build above or constructed to
remain intact through the 100-year flood elevation), that are no longer available for migration by
the river.
“Channel migration zone” may exclude areas that lie behind a lawfully established flood
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protection facility that is likely to be maintained by existing programs for public maintenance
consistent with designation and classification criteria specified by public rule. When a natural
geologic feature affects channel migration, the channel migration zone width will consider such
natural constraints.
(f) “Channelization” means the straightening, relocation, deepening or lining of stream channels,
including construction of continuous revetments or levees for the purpose of preventing gradual,
natural meander progression.
(g) “Clearing” means the destruction or removal, by hand or with mechanical means, of
vegetative ground cover, shrubs or trees. Clearing may or may not include removing root
material or topsoil.
(h) “Cluster development” means a development design technique that groups or clusters
buildings in specific areas on a site to minimize environmental impacts related to impervious
surface, clearing and other impacts.
(i) “Commercial fish” means those species of fish that are classified under the Washington
Department of Fish and Wildlife Food Fish Classification as commercial fish (WAC 220-12-010).
(j) *“Commercial recreational facility” means a place designed and equipped for sports and
leisure-time activities that is operated as a business and open to the public for a fee.
(k) *“Commercial sign” means any object, device, display or structure that is used for attracting
attention to any commercial use, product, service, or activity.
(l) *“Commercial use” means a business use or activity at a scale greater than a home business
or cottage industry involving retail or wholesale marketing of goods and services. Examples of
commercial uses include offices and retail shops.
(m) “Community dock” means a dock that serves multiple residential properties including upland
and waterfront lots in a subdivision or similar community setting. See also “Shared use.”
(n) *“Compatible” means uses or activities capable of existing together or in the vicinity of one
another without disharmony or without generating effects or impacts which are disruptive to the
normal use and enjoyment of surrounding property.
(o) “Compensatory mitigation” means replacing resources or functions, at an equivalent or
greater level, to offset unavoidable impacts that remain after all appropriate and practicable
avoidance and minimization measures have been implemented. “Compensatory mitigation”
includes, but is not limited to, creation, restoration, enhancement, preservation, and rehabilitation
of wetlands, buffers, and other habitats or resources.
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(p) *“Comprehensive Plan” means the Jefferson County Comprehensive Plan.
(q) “Conditional use permit (CUP)” means a permit issued by the county stating that the
proposed land uses and development activities meet all criteria and all conditions of approval in
accordance with the procedural requirements of this code. The intent of requiring a CUP is to
accommodate site-specific allowances while ensuring program requirements are satisfied. As
per Chapter 18.15 JCC, a CUP can be administrative (C(a)) or discretionary (C(d)). For this
program, criteria are described in Article IX of this chapter and application review processes are
described in Article X of this chapter.
(r) “Conservation” means the prudent management of rivers, streams, wetlands, wildlife and
other environmental resources in order to preserve and protect them. This includes the careful
use of natural resources to prevent depletion or harm to the environment.
(s) *“Conservation district” means a special purpose district, like a fire district or school district,
organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to
landowners for the conservation of renewable resources.
(t) “Conservation easement” means a legal agreement that the property owner enters into to
restrict uses of the land for purposes of natural resources conservation. The easement is
recorded on a property deed, runs with the land, and is legally binding on all present and future
owners of the property.
(u) “Contaminant” means any chemical, physical, biological, or radioactive substance that does
not occur naturally in ground water, air, or soil or that occurs at concentrations greater than
those in the natural levels (Chapter 172-200 WAC).
(v) *“County” means Jefferson County, Washington, its board, commissions, and departments.
(w) ****“Covered moorage” means boat moorage, with or without walls, that has a roof to protect
the vessel.
(x) ****Creek. See “Stream.”
(y) “Critical areas” mean the following areas as designated in Chapter 18.22 JCC:
(i) Critical aquifer recharge areas.
(ii) Wetlands.
(iii) Geologically hazardous areas.
(iv) Frequently flooded areas.
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(v) Fish and wildlife habitat conservation areas.
(z) “Critical habitat” means habitat areas with which endangered, threatened, sensitive or
monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding,
rearing of young, migrating). Such areas are identified herein with reference to lists, categories,
and definitions promulgated by the Washington Department of Fish and Wildlife as identified in
WAC 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) program of the
Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and
Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such
designations. See also “Habitat of special significance.”
(aa) “Cumulative impacts” or “cumulative effects” means the combined impacts of a proposed
development action along with past impacts and impacts of reasonably foreseeable future
development actions.
(bb) “Current deflector” means an angled stub-dike, groin, or sheet-pile structure which projects
into a stream channel to divert flood currents from specific areas, or to control downstream
current alignment.
(cc) *“Current use” means the use of land or improvements at the time of permit application.
(4) D Definitions.
(a) “Dam” means a barrier across a stream or river to confine or regulate flow or raise water
levels for purposes such as flood or irrigation water storage, erosion control, power generation,
or collection of sediment or debris.
(b) *“DCD” means the Jefferson County department of community development.
(c) “Deepwater habitats” means environments where surface water is permanent and often deep,
so that water, rather than air, is the principal medium in which the dominate organisms live.
(d) “Degrade” means to scale down in desirability or salability, to impair in respect to some
physical property or to reduce in structure or function.
(e) ****“Delta” or “river delta” means those lands formed as an aggradational feature by stratified
clay, silt, sand and gravel deposited at the mouths of streams where they enter a quieter body of
water. The upstream extent of a river delta is that limit where it no longer forms distributary
channels.
(f) *“Density” means the quantity per unit area, such as the number of dwelling units per acre.
(g) ***“Development” means a use consisting of the construction or exterior alteration of
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structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals;
bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary
nature which interferes with the normal public use of the surface of the waters overlying lands
subject to this program at any state of water level.
(h) ****“Developed shorelines” means those shoreline areas that are characterized by existing
uses or structures located within shoreline jurisdiction.
(i) “Development agreement” means a binding legal agreement between a local government and
a property owner, managing agent or controlling entity that establishes the standards and other
provisions that apply to, govern and vest the development, use and mitigation of real property for
the specified duration of time, as consistent with local regulations and Chapter 36.70B RCW.
(j) “Diameter at breast height (DBH)” means the diameter of a tree at four and one-half feet
above the ground measured from the uphill side.
(k) “Dike” means an artificial embankment placed at a stream mouth or delta to hold back sea
water.
(l) *“Director” means, unless otherwise specified, the director of the county’s department of
community development (DCD) or the director’s designee.
(m) *“Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or
transfer of ownership (see Chapter 18.35 JCC).
(n) “Dock” means a fixed platform structure anchored in and floating upon a water body that
abuts the shore to provide landing for water dependent recreation or moorage for vessels or
watercraft and does not include above water storage.
(o) *“Drainage” means surface water runoff; the removal of surface water or ground water from
land by drains, grading, or other means, which include runoff controls to minimize erosion and
sedimentation during and after construction or development.
(p) “Dredge material disposal” means the depositing of dredged materials on land or into water
bodies.
(q) “Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other
water body. This does not include de minimis removal of sediment during harvest of geoduck
clams or other shellfish.
(r) **“Drift cell, drift sector, or littoral cell” means a particular reach of marine shore in which
littoral drift may occur without significant interruption and which contains any natural sources of
such drift and also accretion shore forms accreted by such drift.
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(s) “Drip line area” means the area measured from the trunk of the tree outward to a point at the
perimeter of the outermost branch structure of the tree.
(t) *“Driveway” means a strip of land which provides vehicular access to one or two lots.
(u) ****“Dune” means a hill or ridge of sand piled up by the wind and/or wave action.
(v) “Dwelling unit” means one or more rooms or structures designed for occupancy by an
individual or family for living and sleeping purposes.
(5) E Definitions.
(a) **“Ecological functions” or “shoreline functions” means the work performed or role played by
the physical, chemical, and biological processes that contribute to the maintenance of the
aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC
173-26-200(2)(c). Functions include, but are not limited to, habitat diversity and food chain
support for fish and wildlife, ground water recharge and discharge, high primary productivity, low
flow stream water contribution, sediment stabilization and erosion control, storm and flood water
attenuation and flood peak desynchronization, and water quality enhancement through
biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not
listed in order of priority.
(b) ****“Ecologically intact shorelines” means those shoreline areas that retain the majority of
their natural shoreline functions and values, as evidenced by vegetation and shoreline
configuration. Generally, but not necessarily, ecologically intact shorelines are largely free of
structural shoreline modifications, structures, and intensive human activities.
(c) “Ecology” means Washington State Department of Ecology.
(d) **“Ecosystem processes” means the suite of naturally occurring physical and geologic
processes of erosion, transport, and deposition; and specific chemical processes that shape
landforms within a specific shoreline ecosystem and determine both the types of habitat and the
associated ecological functions.
(e) “Emergency activities” are those activities that require immediate action within a time too
short to allow full compliance with this program due to an unanticipated and imminent threat to
public health, safety or the environment (see WAC 173-27-040). Emergency construction does
not include development of new permanent protective structures where none previously existed.
All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this
program. As a general matter, flooding or other seasonal events that can be anticipated and may
occur but that are not imminent are not an emergency.
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(f) *“Endangered species” means a species which is in danger of extinction throughout all or a
significant portion of its range, as classified by the Washington Department of Fish and Wildlife,
the Washington Department of Natural Resources, or the Federal Endangered Species Act.
(g) “Enhancement” means actions performed within an existing degraded shoreline and/or buffer
to intentionally increase or augment one or more functions or values of the existing area.
Enhancement actions include, but are not limited to, increasing plant diversity and cover,
increasing wildlife habitat and structural complexity (snags, woody debris), installing
environmentally compatible erosion controls, or removing non-indigenous plant or animal
species.
(h) *“Erosion” means the detachment and movement of soil or rock by water, wind, ice, or
gravity.
(i) *“Erosion hazard areas” means areas characterized by soils identified in the USDA Jefferson
County Soil Survey as having severe water erosion hazards.
(j) *“Essential public facilities” means those important and necessary facilities which provide
essential services that are typically difficult to site, such as airports, state educational facilities,
state or regional transportation facilities, state and local correctional facilities, solid waste
handling facilities, and in-patient facilities including substance-abuse facilities, mental health
facilities, and group homes (RCW 36.70A.200). They do not necessarily include all public
facilities or services; they may be, but are not necessarily, publicly owned. Essential public
facilities in Jefferson County include airports, large-scale transportation facilities, solid waste
handling and disposal facilities, correctional facilities, in-patient treatment facilities including
substance-abuse facilities and mental health facilities, state-owned educational facilities, and
wastewater treatment plants.
(k) “Estuary” means a semi-enclosed coastal water body connected to a larger body of saltwater
with one or more streams/rivers flowing into it. Estuaries are typically the mouths of rivers and
have brackish water.
(l) *“Excavation” means the mechanical removal of earth, including soil, rocks, bedrock, and/or
root material from areas landward of the OHWM of a waterbody.
(m) “Exempt development” refers to activities which the legislature identified as not requiring
shoreline substantial development permits. Actions in shoreline jurisdiction not requiring such
permits are required to be consistent with all the relevant policies and regulations in RCW
90.58.030 and WAC 173-27(040). A letter from the county must be obtained certifying that the
development is exempt. Exempt uses may still require conditional use and/or variance permits.
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(n) *“Existing use” means the use of a lot or structure or improvements at the time of the
enactment of this code, unless otherwise specified.
(o) “Experimental aquaculture” means aquaculture that cultivates new species, or uses growing
methods or harvesting techniques that have not previously been used in the state of Washington
and that differ significantly from common practice.
(p) *“Extraction” means the commercial removal of naturally occurring materials from the earth,
excluding water.
(q) ***“Extreme low tide (ELT)” means the lowest line of the land reached by a receding tide.
This is the line as estimated by the federal government below which it might reasonably be
expected that the tide would not ebb. In the Puget Sound area generally, this point is estimated
by the federal government to be a point in elevation 4.50 feet below the datum plane of mean
lower low water (0.0). Along the Pacific Ocean and in the bays fronting thereon and the Strait of
Juan de Fuca, the elevation ranges down to a minus 3.5 feet in several locations.
(6) F Definitions.
(a) ****“Fair market value (FMV)” of a development means the open market bid price for
conducting the work, using the equipment and facilities, and purchase of the goods, services and
materials necessary to accomplish the development. This would normally equate to the cost of
hiring a contractor to undertake the development from start to finish, including the cost of labor,
materials, equipment and facility usage, transportation and contractor overhead and profit. The
fair market value of the development shall include the fair market value of any donated,
contributed or found labor, equipment or materials.
(b) **“Feasible” means, for the purpose of this program, that an action, such as a development
project, mitigation, or preservation requirement, meets all of the following conditions:
(i) The action can be accomplished with technologies and methods that have been used in
the past in similar circumstances, or studies or tests have demonstrated in similar
circumstances that such approaches are currently available and likely to achieve the
intended results;
(ii) The action provides a reasonable likelihood of achieving its intended purpose; and
(iii) The action does not physically preclude achieving the project’s primary intended legal
use. In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action’s infeasibility, the
reviewing agency may weigh the action’s relative public costs and public benefits,
considered in the short- and long-term time frames.
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(c) (i) *“Feasible alternative” means an alternative that:
(A) Meets the requirements of federal, state, and local laws and regulations;
(B) Attains most or all of the basic objectives of the project;
(C) Is technically and technologically possible;
(D) Can be accomplished at a reasonable cost;
(E) Can be accomplished in a reasonable amount of time; and
(F) Adverse environmental, health, and safety effects are no greater than those of the
original proposal.
(ii) A determination of what is reasonable or feasible is made by the decision-making body
on a case-by-case basis, taking into account the:
(A) Probable intensity, severity, and cumulative impacts of the original proposal and
alternative approaches, and opportunity for the avoidance or reduction in the number,
intensity, or severity of significant impacts, or of the aggregate adverse impact;
(B) Risk of upset conditions (i.e., the risk that the control and mitigation measures will
fail, be overwhelmed, or exceed allowed limits) and the potential severity of the impact
should control or mitigation measures be ineffective or fail;
(C) Capital and operating costs;
(D) Period of time to accomplish, costs of additional time or delay, and time constraints
for completion; and
(E) Location and site-specific factors, such as seasonal or topographic constraints,
environmentally sensitive areas and habitats, site accessibility, and local community
concerns.
(d) ****“Feeder bluff” means any coastal headland or hill with a broad, steep face experiencing
periodic erosion from waves, sliding or slumping that, through natural transportation, contributes
eroded earth, sand or gravel material via a driftway to an accretion shoreform.
(e) “Fill” means the addition of solid or semi-solid material such as soil, sand, rock, gravel,
sediment, wood chips, mining overburden, earth retaining structure, or other material used to
create any structure or infrastructure or when placed changes the elevation or grade of a
receiving site.
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(f) “Fill material” means any solid or semi-solid material such as soil, sand, rock, gravel,
sediment, wood chips, mining overburden, earth retaining structure, or other material from
mining or other excavation activities, and materials used to create any structure or
infrastructure, that when placed, changes the grade or elevation of the receiving site.
(g) “Filling” means the act of transporting or placing by any manual or mechanical means fill
material from, to, or on any soil surface, including temporary stockpiling of fill material.
(h) “Finfish” means a vertebrate organism of the classes Osteichthyes, Agnatha, or
Chondrichthyes possessing a bony and/or cartilaginous inner skeleton, including all stages of
development and the bodily parts of the fish (RCW 77.08.22). Examples include, but are not
limited to, salmon, trout, ling cod, rock fish, halibut, sole, sablefish, perch, pollock, whiting,
tilapia, carp, lamprey, sturgeon, sharks, skates, and rays. In comparison, see “Shellfish.”
(i) “Fire hazard” means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, life
and property.
(j) “Fish habitat” means a complex of physical, chemical, and biological conditions that provide
the life supporting and reproductive needs of a species or life stage of fish. Although the habitat
requirements of a species depend on its age and activity, the basic components of fish habitat in
rivers, streams, ponds, and nearshore areas include, but are not limited to, the following:
(i) Clean water and appropriate temperatures for spawning, rearing, and holding;
(ii) Adequate water depth and velocity for migrating, spawning, rearing, and holding,
including off-channel habitat;
(iii) Abundance of bank and in-stream structures to provide hiding and resting areas and
stabilize stream banks and beds;
(iv) Appropriate substrates for spawning and embryonic development. For stream and lake
dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged
rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand;
(v) Presence of riparian vegetation as defined in this article. Riparian vegetation creates a
transition zone, which provides large woody debris (LWD), shade, and food sources of
aquatic and terrestrial insects for fish;
(vi) Unimpeded passage (suitable gradient and lack of barriers) for upstream and
downstream migrating juveniles and adults.
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(k) “Float” means a fixed platform structure anchored in and floating upon a water body that does
not connect to the shore, and that provides landing for water-dependent recreation or moorage
for vessels or watercraft, and that does not include above water storage.
(l) “Floating aquaculture” means aquaculture systems that suspend aquatic organisms in the
water column using buoys, rafts, docks, piers or other structure and that extend more than three
feet from the bottom into the water column. Floating aquaculture is synonymous with hanging
aquaculture.
(m) “Floating house” means any floating structure that is designed, or has been substantially and
structurally remodeled or redesigned, to serve primarily as a residence. “Floating houses”
include house boats, house barges, or any floating structures that serve primarily as a residence
and do not qualify as a vessel. A floating structure that is used as a residence and is capable of
navigation, but is not designed primarily for navigation, nor is normally capable of self propulsion
and use as a means of transportation, is a floating house, not a vessel per WAC 332-30-103.
(n) *“Flood” or “flooding” means the temporary inundation of normally dry land areas from the
overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface
waters.
(o) “Flood control” means all development on rivers and streams designed to retard bank
erosion, to reduce flooding of adjacent lands, to control or divert stream flow, or to create a
reservoir, including but not limited to revetments, dikes, levees, channelization, dams, weirs,
flood and tidal gates. Excluded are water pump apparatus.
(p) **“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible
to inundation with a one percent chance of being equaled or exceeded in any given year. The
limit of this area shall be based upon flood ordinance regulation maps or a reasonable method
which meets the objectives of the Act.
(q) “Floodplain management” means a long-term program to reduce flood damages to life and
property and to minimize public expenses due to floods through a comprehensive system of
planning, development regulations, building standards, structural works, and monitoring and
warning systems.
(r) “Floodway” means the area of a river valley that conveys flood waters with reasonable
regularity, although not necessarily annually. At a minimum, the floodway is that which has been
established in Federal Emergency Management Act flood insurance rate maps or Federal
Emergency Management Act floodway maps. Other data and information, including topography,
changes in soil or vegetation, and other indicators of past flooding, may be used to define and
map a floodway that meets the objectives of the Shoreline Management Act, Chapter 90.58
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RCW. The floodway shall not include those lands that can reasonably be expected to be
protected from 100-year flood waters by flood control devices maintained by or maintained under
license from the federal government, the state, or a political subdivision of the state.
(s) “Forest land” means all land that is capable of supporting a merchantable stand of timber and
is not being actively used, developed, or converted in a manner that is incompatible with timber
production.
(t) *“Forest management” means forest practices pertaining to protecting, producing, and
harvesting timber for economic use.
(u) *“Forest practice” means any activity conducted on or directly pertaining to forest land and
relating to growing or harvesting of timber, or the processing of timber, including but not limited
to: road and trail construction and maintenance; harvest, final and intermediate; precommercial
thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage
of trees; and brush control.
(v) *“Forest practice, conversion” means the conversion of land to an active use incompatible
with timber growing and where future nonforest uses will be located on currently forested land.
(w) *“Frequently flooded areas” means lands subject to a one percent or greater chance of
flooding in any given year.
(x) “Function assessment” or “functions and values assessment” means a set of procedures,
applied by a qualified consultant, to identify the ecological functions being performed in a
shoreline or critical area, usually by determining the presence of certain characteristics, and
determining how well the area is performing those functions. Function assessments can be
qualitative or quantitative and may consider social values potentially provided by an area.
Function assessment methods must be consistent with best available science.
(7) G Definitions.
(a) “Gabions” means works composed of masses of rock, rubble, or masonry tightly enclosed
usually by wire mesh so as to form massive blocks. They are used to form walls on beaches to
retard wave erosion or as foundations for breakwaters or jetties.
(b) “Game fish” means those species of fish that are classified by the Washington Department of
Fish and Wildlife as game fish (WAC 232-12-019).
(c) “Genetically modified organism (GMO)” means a plant, animal or microorganism whose
genetic material has been manipulated by a molecular biological engineering technique (such as
recombinant DNA technology using transgenic or cisgenic methods) resulting in a genetically
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distinct organism with an altered hereditary pattern of protein production by the chromosomes.
Selective breeding, cross breeding, and creation of polyploidy are not included.
(d) *“Geologically hazardous areas” means areas that because of their susceptibility to erosion,
sliding, earthquake, or other geological events are not suited to the siting of commercial,
residential, or industrial development consistent with public health or safety concerns.
(e) “Geologically unstable” means the relative instability of a shoreform or land form for
development purposes over the long term or the intended life of any proposed structure. Soil,
slope, ground or surface water, other geologic conditions, vegetation and effects of development
are common factors that contribute to instability. Areas characterized by banks or bluffs
composed of unconsolidated alluvial or glacial deposits (till and drift material), severely fractured
bedrock, active and substantial erosion, substantially deformed trees and shrubs, or active or
inactive earth slides are likely to be considered geologically unstable.
(f) “Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation that
includes a description of the ground and surface hydrology and geology, the affected land form
and its susceptibility to mass wasting, erosion, and other geologic hazards or processes,
conclusions and recommendations regarding the effect of the proposed development on geologic
conditions, the adequacy of the site to be developed, the impacts of the proposed development,
alternative approaches to the proposed development, and measures to mitigate potential site-
specific and cumulative geological and hydrological impacts of the proposed development,
including the potential adverse impacts to adjacent and down-current properties. Geotechnical
reports shall conform to accepted technical standards and must be prepared by qualified
engineers or geologists who are knowledgeable about the regional and local geology.
(g) *“Grade, existing” means the elevation of the ground or site prior to any work being done or
any changes being made to the ground or site.
(h) *“Grade, finished” means the final elevation of the ground level after development.
(i) “Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of
the earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a
ratio (vertical to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage
(of horizontal distance), or an angle (in degrees).
(j) *“Grading” means stripping, cutting, filling, or stockpiling earth to create new grade.
(k) “Groin” means a wall-like structure extending on an angle waterward from the shore. Its
purpose is to build or preserve an accretion shoreform or berm on its updrift side by trapping
littoral drift. Groins are relatively narrow in width but vary greatly in length. Groins are
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sometimes built in series as a system, and may be permeable or impermeable, high or low, and
fixed or adjustable.
(l) “Ground water” means all water that exists beneath the land surface or beneath the bed of any
stream, lake or reservoir, or other body of surface water within the boundaries of the state,
whatever may be the geological formation or structure in which such water stands or flows,
percolates or otherwise moves (Chapter 90.44 RCW).
(m) *“Growth Management Act (GMA)” means the State of Washington Growth Management Act,
Chapter 36.70A RCW, as amended.
(n) ****“Guidelines” means those standards adopted under Chapter 173-26 WAC, as amended,
or any successor regulations thereof, that serve as standards for implementation of the policy of
Chapter 90.58 RCW for regulations of uses of the shorelines, and that provide criteria to local
governments and the Department of Ecology in developing master programs.
(8) H Definitions.
(a) *“Habitat” means the place or type of site where a plant or animal naturally or normally lives
and grows.
(b) “Habitat of special significance” means eelgrass beds, kelp beds, rocky reef habitat, geoduck
beds, hardshell clam beds, habitat having significant populations of or which are important to the
feeding, reproduction or other life stages of Dungeness crabs, herring, lingcod/greenling, true
cod, soles and flounders, rock fishes, cabezon and other large sculpins, or sea perch, wildlife
refuges and habitats of endangered or threatened species, and other habitat that meets the 1986
Interim Guidelines for Salmon Net Pen Culture in Puget Sound, as determined on a case-by-case
basis in consultation with Washington Department of Fish and Wildlife. See also “Critical
habitat.”
(c) Hanging Aquaculture. See “Floating aquaculture.”
(d) ****“Harbor area” means the area of navigable tidal waters as determined in Section 1 of
Article 15 of the Washington State Constitution, which is forever reserved for landings, wharves,
streets, and other conveniences of navigation and commerce. Harbor areas exist between the
inner and outer harbor lines as established by the state harbor line commission. Harbor areas
are managed by the Department of Natural Resources for the conveniences of navigation and
commerce (RCW 79.105.060(5)).
(e) “Hazard tree” means any tree that presents a risk to persons or property due to a high
probability of falling in the near future because of a debilitating disease, a structural defect, a
root ball significantly exposed, or having been exposed to windthrow within the past 10 years.
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Hazardous trees include, but are not limited to, conditions where a permanent, primary structure
or appurtenant or accessory structure is within one and one-half tree lengths of the base of the
trunk. Where not immediately apparent to the administrator, the hazard tree determination shall
be made after review of a report prepared by a certified arborist or forester.
(f) “Hazardous area” means any shoreline area which is hazardous for intensive human use or
structural development due to inherent and/or predictable physical conditions; such as but not
limited to geologically hazardous areas, frequently flooded areas, and coastal high hazard areas.
(g) “Hazardous materials” means any substance containing such elements or compounds which
when discharged in any quantity in shorelines present an imminent and/or substantial danger to
public health or welfare; including, but not limited to: fish, shellfish, wildlife, water quality, and
other shoreline features and property.
(h) *“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and regulated
as hazardous waste by the United States Environmental Protection Agency.
(i) “Hearings Board” means the State Shorelines Hearings Board referenced in RCW 90.58.170.
(j) *“Height, building” means the vertical distance from grade plane to the average height of the
highest roof surface (cf., International Building Code).
(k) ****“Historic” means having considerable importance or influence in history; historical.
(l) “Historic preservation professionals” means those individuals who hold a graduate degree in
architectural history, art history, historic preservation, or closely related field, with coursework in
American architectural history, or a bachelor’s degree in architectural history, art history,
historic preservation or closely related field plus one of the following:
(i) At least two years of full-time experience in research, writing, or teaching in American
architectural history or restoration architecture with an academic institution, historical
organization or agency, museum, or other professional institution; or
(ii) Substantial contribution through research and publication to the body of scholarly
knowledge in the field of American architectural history.
(m) *“Historic site, structure or landmark” means a site, structure or building of outstanding
archaeological, historical or cultural significance. This is shown by its designation as such by the
National or Washington State Register of Historic Places, designation as an historic landmark, or
any such structure or feature for which the State Historic Preservation Officer has made a
determination of significance pursuant to Section 106 of the National Historic Preservation Act.
(n) *“Hotel” (or “lodge”) means a commercial building in which lodging is provided and offered to
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the public for compensation, and which is open to transient guests, and is not a motel or bed and
breakfast inn.
(o) *“Household” means one or more related or unrelated persons occupying a dwelling unit.
(p) “Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish
and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
(9) I Definitions.
(a) *“Illegal use” means any use of land or a structure which is inconsistent with current codes
and/or was inconsistent with previous codes in effect when the use or structure was established.
An illegal use is different than a nonconforming use. (See also “Nonconforming.”)
(b) “Impervious surface” means a hard surface area that either prevents or retards the entry of
water into the soil mantle. Common impervious surfaces include, but are not limited to, roof tops,
walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel
roads, packed earthen materials, and other surfaces. Open, uncovered retention/detention
facilities shall not be considered impervious surfaces for purposes of this program. Open,
uncovered retention/detention facilities shall be considered impervious surfaces for purposes of
runoff modeling.
(c) *“Incidental” means subordinate to, minor in significance, and bearing a reasonable
relationship with the primary use.
(d) *“Incompatible” means uses and activities that are not compatible.
(e) “Industrial development” means facilities for processing, manufacturing, and storage of
finished or semi-finished goods, including but not limited to oil, metal or mineral product refining,
power generating facilities, including hydropower, ship building and major repair, storage and
repair of large trucks and other large vehicles or heavy equipment, related storage of fuels,
commercial storage and repair of fishing gear, warehousing construction contractors’ offices and
material/equipment storage yards, wholesale trade or storage, and log storage on land or water,
together with necessary accessory uses such as parking, loading, and waste storage and
treatment. Excluded from this definition are mining including on-site processing of raw materials,
and off-site utility, solid waste, road or railway development, and methane digesters that are
accessory to an agricultural use.
(f) “Industrial pier” means a fixed platform structure supported by piles in a water body that abuts
the shore to provide access to or moorage of vessels or watercraft for industrial purposes, such
as, but not limited to, mining, processing raw materials, manufacturing products from natural
resources, and operations that include hazardous substances.
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(g) ****“Industry” means the production, processing, manufacturing, or fabrication of goods or
materials. Warehousing and storage of materials or production is considered part of the
industrial process.
(h) *“Infiltration” means the downward entry of water into the immediate surface of soil.
(i) “Infrastructure” means existing installed facilities and services including capital facilities such
as water supply, sewage disposal, and storm drainage systems, and transportation facilities
such as public roads.
(j) ****“Inner harbor line” means a line located and established in navigable tidal waters between
the line of ordinary high water and the outer harbor line, constituting the inner boundary of the
harbor area.
(k) ****“In-stream structure” means a human-made structure placed within a stream or river
waterward of the ordinary high water mark that either causes or has the potential to cause water
impoundment, or the diversion, obstruction, or modification of water flow. In-stream structures
may include those for hydroelectric generation, irrigation, water supply, flood control,
transportation, utility service, transmission, fisheries enhancement, or other purposes.
(l) *“Intensification of nonconforming use” means any increase or expansion in the quality or
quantity of products, goods, services, structures or adverse impacts upon parcels within the
vicinity of the nonconforming use produced, generated, served, created or performed at the site
of the legal nonconforming use by the owner or occupant of that legal nonconforming use.
(m) *“Intensive” means highly concentrated, very large, or considerable, in terms of Jefferson
County standards and environment.
(n) *“International Building Code (IBC)” means the building code officially adopted by Jefferson
County.
(o) ****“Intertidal” means the area waterward of the ordinary high water mark and landward of the
line of extreme low tide.
(p) “Invasive species” means a species that is (i) nonnative (or alien) to Jefferson County and
(ii) whose introduction causes or is likely to cause economic or environmental harm or harm to
human health. Invasive species can be plants, animals, and other organisms (e.g., microbes).
Human actions are the primary means of invasive species introductions. Includes noxious
weeds that, when established, are highly destructive, competitive, or difficult to control by
cultural or chemical practices, as per RCW 17.10.010.
(q) “In-water finfish aquaculture” means the farming or culture of vertebrate or cartilaginous food
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(q) “In-water finfish aquaculture” means the farming or culture of vertebrate or cartilaginous food
fish for market sale when raised in facilities located waterward of the ordinary high water mark in
freshwater or saltwater water bodies, in either open-flow or contained systems. This includes net
pens, sea cages, bag cages and similar floating/hanging containment structures and is intended
to reflect the definition of “marine finfish rearing facilities” (RCW 90.48.220), but does not include
temporary restoration/enhancement facilities used expressly to improve populations of native
stocks and that meet the definition of “watershed restoration project” per RCW 89.08.460.
(r) ****“Island” means a land mass completely surrounded by water.
(10) J Definitions.
(a) ****“Jetty” means a structure generally perpendicular to the shore, extending through or past
the intertidal zone. Jetties are built singly or in pairs at a harbor entrance or river mouth mainly
to prevent accretion from littoral drift in an entrance channel. Jetties also serve to protect
channels from storm waves or cross currents and to stabilize inlets through barrier beaches.
Most jetties are of rip-rapped mound construction.
(b) Joint Use Dock. See “Community dock.”
(11) No K definitions.
(12) L Definitions.
(a) “Lake” means a body of standing water in a depression of land or expanded part of a stream,
of 20 acres or greater in total area. A lake is bounded by the OHWM, or where a stream enters
the lake, the extension of the lake’s OHWM within the stream. A lake is generally distinguished
from marshes, bogs, and swamps by its greater depth.
(b) “Land disturbing activity” means any activity that results in movement of earth, or a change
in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography.
Land disturbing activities include, but are not limited to, clearing, grading, filling, compaction, and
excavation.
(c) Landfill. See “Filling.”
(d) “Landslide” means a general term covering a wide variety of mass movement landforms and
processes involving the downslope transport, under gravitational influence, of soil and rock
material en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps,
mudslides, rock slides, and rock falls.
(e) *“Landslide hazard” areas means areas potentially subject to risk of mass movement due to
a combination of geologic, topographic, and hydrologic factors.
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(f) *“Landward” means to or toward the land.
(g) “Levee” means a natural or artificial embankment on the bank of a river or stream for the
purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on
their sides.
(h) “Liberal construction” means that the interpretation of this document shall not only be based
on the actual words and phrases used in it, but also by taking its deemed or stated purpose into
account.
(i) “Live-aboard” means a seaworthy vessel that was designed primarily for navigation but is
used as a residence. A boat or other floating structure is a residence if it is occupied 30 out of 45
days or 90 out of 365 days while moored or anchored in the same area, or if the local
government, the marina, or the occupant of the boat defines it as a residence. The phrase “in the
same area” means within a radius of one mile of any location where the same vessel previously
moored or anchored. A vessel that is occupied and is moored or anchored in the same area, but
not for the number of days described in this subsection, is considered a recreational or transient
vessel (WAC 332-30-106).
(j) “Log storage” means the water storage of logs in rafts or otherwise prepared for shipment in
water-borne commerce, but does not include the temporary holding of logs to be taken directly
into a vessel or processing facility (RCW 79.105.060(10)).
(k) *“Logging” means activities related to and conducted for purposes of harvesting or
processing timber. See also “Forest practices.”
(l) *“Long-term commercial significance” means lands with the growing capacity, productivity,
soil composition, and economic viability for long-term agricultural, mineral or silvicultural
production.
(m) *“Lot” means a designated tract, parcel or area of land established by plat, subdivision, or as
otherwise permitted by law, to be separately owned, and utilized. The area below the ordinary
high water mark may not be considered a part of the lot area for all purposes.
(n) *“Lot of record” means an undeveloped lot, tract or parcel of land shown on an officially
recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of
property and described by platted lot number or by metes and bounds and lawfully established
for conveyancing purposes on the date of recording of the instrument first referencing the lot.
The term lot of record does not imply that the lot was created in conformity with the legal
regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW or
Chapter 18.35 JCC.
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(o) “Low intensity land use” means a land use that has limited impact upon the land, resources
and adjoining properties in terms of the scale of development, and frequency, amount, or
concentration of use. Low intensity uses are mostly passive uses that do not substantially
consume resources or leave noticeable or lasting adverse effects.
(13) M Definitions.
(a) “Maintenance and repair” means work required to keep existing improvements in their
existing operational state. This does not include any modification that changes the character,
scope, or size of the original structure, facility, utility or improved area.
(b) “Marina” means a wet moorage and/or dry storage facility for multiple pleasure crafts and/or
commercial crafts where goods or services related to boating may be sold commercially.
Launching facilities and covered moorage may also be included. Marinas may be open to the
general public or restricted on the basis of property ownership or membership.
(c) “Mass wasting” means downslope movement of soil and rock material by gravity. This
includes soil creep, erosion, and various types of landslides, not including bed load associated
with natural stream sediment transport dynamics.
(d) *“Master planned resort (MPR)” means a self-contained and fully integrated planned unit
development in a setting of significant natural amenities, with primary focus on destination resort
facilities consisting of short-term visitor accommodations associated with a range of on-site
indoor or outdoor recreational facilities. A master planned resort may include other residential
uses within its boundaries, but only if the residential uses are integrated into and support the on-
site recreational nature of the resort (cf., RCW 36.70A.360).
(e) “May” means the action is allowable, provided it conforms to the provisions of this program.
(f) “Mean annual flow” means the average flow of a river or stream (measured in cubic feet per
second) from measurements taken throughout the year. If available, flow data for the previous 10
years should be used in determining mean annual flow.
(g) “Minerals” means clay, coal, gravel, industrial minerals, metallic substances, peat, sand,
stone, topsoil, and any other similar solid material or substance to be excavated from natural
deposits on or in the earth for commercial, industrial, or construction use.
(h) (i) “Mining” or “mining operations” means, in accordance with RCW 78.44.031, all mine-
related activities, exclusive of reclamation, that include, but are not limited to activities that
affect noise generation, air quality, surface and ground water quality, quantity, and flow, glare,
pollution, traffic safety, ground vibrations, and/or significant or substantial impacts commonly
regulated under land use provisions. Mining specifically includes:
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(A) Extraction of rock, stone, gravel, sand, earth, and other minerals;
(B) Blasting, equipment maintenance, sorting, crushing, and loading;
(C) On-site mineral processing including asphalt or concrete batching, concrete
recycling, and other aggregate recycling; and
(D) All methods of transporting minerals to and from the mine (including conveyors,
piers, and barges), on-site road maintenance, maintenance of roads used extensively
for surface mining activities, traffic safety, and traffic control.
(ii) Mining shall not include the following:
(A) Excavation and grading at building construction sites where such construction is
authorized by a valid building permit; or
(B) Excavation and grading in public rights-of-way for the purpose of on-site road
construction, or in private rights-of-way for the same purpose if authorized by the
county; or
(C) Excavation and grading for the purpose of developing ponds or manure lagoons for
agricultural purposes; or
(D) Excavation and grading in connection with and at the site of any creek, river, or
flood-control or storm drainage channel for the purpose of enlarging hydraulic capacity
or changing the location or constructing a new channel or storm drain where such work
has been approved by the county; or
(E) Excavation and grading where the excavated material will be used on the same
property or on property contiguous to and under the same ownership as the excavation.
(i) *“Mitigation” means measures prescribed and implemented to avoid, minimize, lessen, or
compensate for adverse impacts. Explicit in this definition is the following order of preference:
(i) Avoiding an impact altogether by not taking a certain action or parts of actions;
(ii) Minimizing impacts by limiting the degree or magnitude of an action and its
implementation;
(iii) Rectifying impacts by repairing, rehabilitating, or restoring the affected environment;
(iv) Reducing or eliminating an impact over time by preservation and maintenance
operations during the life of the action;
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(v) Compensating for an impact by replacing or providing substitute resources or
environments; and
(vi) Monitoring the mitigation and taking remedial action when necessary.
(j) “Mitigation bank” means a site where wetlands or similar habitats are restored, created,
enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing
compensatory mitigation in advance of authorized impacts to aquatic resources.
(k) “Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse
impacts to shorelines and/or critical areas.
(l) “Mixed use” means a combination of uses within the same building or site as a part of an
integrated development project with functional interrelationships and coherent physical design.
(m) *“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to the standards
other than the HUD Code, and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into the state. Mobile homes have not been built since
the introduction of the HUD Manufactured Home Construction and Safety Standards Act. See
also “Manufactured home” in Chapter 18.10 JCC.
(n) *“Mobile home park” means a development with two or more improved pads or spaces with
required improvements and utilities designed to accommodate mobile homes, according to RCW
59.20.030(4).
(o) “Monitoring” means evaluating the effects of a development action on the biological,
hydrological, pedological, and geological elements of natural systems and/or assessing the
performance of required mitigation measures through data collection, analysis and reporting.
(p) ****“Mooring buoy” means an anchored floating device in a water body used for the landing or
storage of a vessel or water craft.
(q) *“Motel” means a commercial building or group of buildings in which lodging is provided to
transient guests, offered to the public for compensation, and in which access to and from each
room or unit is through an exterior door.
(r) *“Motor home” means a motor vehicle originally designed, reconstructed, or permanently
altered to provide facilities for human habitation, which include lodging, cooking, and sewage
disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or
similar unit constructed separately and affixed to a motor vehicle (RCW 46.04.305).
(s) ***“Must” means a mandate; the action is required.
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(t) “Multifamily dwelling” means a single building, or portion thereof, designed for or occupied by
three or more families living independently of each other in separate dwelling units on one lot of
record and, for the purpose of this program, includes triplexes, fourplexes, apartment buildings,
and residential condominiums.
(14) N Definitions.
(a) *“National Register of Historic Places” means the official federal list, established by the
National Historic Preservation Act, of sites, districts, buildings, structures and objects significant
in the nation’s history and prehistory, or whose artistic or architectural value is unique.
(b) *“Native vegetation” means plant species that are indigenous to Jefferson County.
(c) “Nearshore” means the estuarine delta/marine shoreline and areas of shallow water from the
top of the coastal bank or bluffs to the water at a depth of about 10 meters relative to mean lower
low water.
(d) “Net pens” are finfish culturing systems that generally consist of two nets – an interior net to
keep fish in and an exterior net to exclude predators. Net pens are typically anchored to the
waterbody floor and suspended from the surface with a floatation structure; the netting continues
above the water to a degree to stop fish from jumping out. Fish pen structures solely and directly
established and managed for purposes of salmon enhancement and/or restoration are not
considered net pens for purposes of this program.
(e) “No net loss (NNL)” means the maintenance of the aggregate total of the county shoreline
ecological functions over time. The no net loss standard contained in WAC 173-26-186 requires
that the impacts of shoreline use and/or development, whether permitted or exempt from permit
requirements, be identified and mitigated such that there are no resulting adverse impacts on
ecological functions or processes.
(f) *“Noise” means any sound not occurring in the natural environment which causes or tends to
cause an adverse psychological or physiological effect on humans. This includes sounds arising
from the amplification of noises generated by expected or permitted uses of a lot or structure.
(g) “Nonconforming” means a use or development which conformed to the applicable codes in
effect on the date of its creation but which no longer complies because of changes in code
requirements. Nonconformity is different than and not to be confused with illegality (see “Illegal
use”).
(h) “Nonconforming lot” means a legal lot of record in existence prior to the effective date of this
program and any amendments thereto, on which it is not possible to construct a structure
outside of/landward of the shoreline buffer or which does not otherwise meet the minimum lot
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size requirements as set forth in this program. Depth of lot is measured as the distance from
ordinary high water mark to the inside edge of the frontage setback.
(i) *“Nonconforming structure” means a structure which does not conform to the dimensional
regulations of this program, including but not limited to setback, buffer, height, lot coverage,
density, and building configuration.
(j) *“Nonconsumptive use” means a use which does not permanently deplete, degrade, or
destroy the resource involved.
(15) O Definitions.
(a) “Off-premises sign” means a sign situated on premises other than those premises to which
the sign’s message is related.
(b) ****“Offshore” means the sloping subtidal area seaward from the low intertidal.
(c) “Off-site mitigation” means to replace shoreline resources at a location away from the site
that is impacted by development.
(d) “On-premises sign” means a sign situated on the premises to which the sign’s message is
related.
(e) *“On-site waste disposal” means any one of several means for disposal of sanitary waste on
the property from which it is generated (e.g., septic tank and drainfield).
(f) *“Open record hearing” means a hearing, conducted by a single hearing body or officer that
creates the record through testimony and submission of evidence and information, under
procedures prescribed by ordinance or resolution. An open record hearing may be held prior to
the decision on a project permit and is to be known as an open record predecision hearing. An
open record hearing may be held on an appeal, and is to be known as an open record appeal
hearing, if no open record predecision hearing has been held on the project permit.
(g) *“Open space” means lands committed to farming and forestry uses and any parcel, lot, or
area of land or water essentially unimproved and set aside, dedicated, designated, or reserved
for public or private use or enjoyment.
(h) *“Open space tax program” means a county program associated with property taxation. Land
being used for agriculture may be enrolled in the tax program through the county assessor. The
tax program is independent of land use designation (i.e., zoning) and these development
regulations, except in the context of identifying existing and ongoing agriculture, as defined and
regulated in this program.
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(i) *“Operator” means any person who is in actual physical or electronic control of a powered
watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine driven vehicle.
(j) ***“Ordinary high water mark” or “OHWM” means that mark that will be found by examining
the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in all ordinary years, as to mark upon the soil a character
distinct from that of the abutting upland, in respect to vegetation as that condition exists on June
1, 1971, as it may naturally change thereafter, or as it may change hereafter in accordance with
permits issued by Jefferson County or the Department of Ecology. On a site-specific basis,
Department of Ecology has the final authority on determining where the ordinary high water mark
is located (RCW 90.58.030).
(k) ****“Outer harbor line” means a line located and established in navigable waters as provided
in Section 1 of Article 15 of the Washington State Constitution, beyond which the state shall
never sell or lease any rights whatsoever to private persons.
(l) *“Owner” means an individual, firm, business entity, trust, association, syndicate, partnership,
or corporation having sufficient property interest to seek development of land.
(m) *“Owner-occupied” means the residential occupancy of a building or property by the owner.
(16) P Definitions.
(a) *“Park” means a tract of land designated for and used by the public for recreation.
(b) *“Parking lot” means an off-street, ground level open area, usually improved, for the
temporary storage of motor vehicles.
(c) *“Parties of record” means the land use permit applicant; persons who have testified at the
open record hearing; and any persons who have submitted written comments concerning the
application that form part of the public record (excluding persons who only signed petitions or
mechanically produced form letters).
(d) *“Performance standard” means a set of criteria or limits relating to certain characteristics
that a particular use or process may not exceed.
(e) *“Permit center” means the Jefferson County department of community development.
(f) *“Permit review” means the process of reviewing applications for project permits for
consistency with the requirements of this program.
(g) *“Permittee” means the entity to whom a permit is granted.
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(h) *“Person” means any individual, owner, contractor, tenant, partnership, corporation, business
entity, association, organization, cooperative, public or municipal corporation, agency of a state
or local governmental unit however designated, public or private institution, or an employee or
agent of any of the foregoing entities.
(i) *“Pervious surface” means a surface that absorbs water.
(j) “Pier” means a fixed platform structure supported by piles in a water body that abuts the
shore to provide landing for water-dependent recreation or moorage for vessels or watercraft and
does not include above water storage.
(k) *“Planned rural residential development (PRRD)” means development characterized by a
unified site design, clustered residential units, and areas of common open space pursuant to
Article VI-M of Chapter 18.15 JCC.
(l) *“Planning department” means the Jefferson County department of community development.
(m) *“Plat” means a map or representation of a subdivision or short subdivision of land showing
the division of a parcel of land into lots, roads, dedications, common areas, restrictions and
easements, as regulated by Chapter 58.17 RCW and this program.
(n) *“Playing field” means a land area designed and used for outdoor games, such as baseball,
football, soccer, track events and tennis. It includes public outdoor swimming pools.
(o) “Port” means a legal entity established for purposes of acquiring, constructing, maintaining,
operating, developing and regulating harbor improvements, rail or motor vehicle transfer and
terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, or any
combination of such transfer and terminal facilities, and other commercial transportation,
transfer, handling, storage and terminal facilities, and industrial improvements.
(p) *“Predecision hearing, open record” means a hearing, conducted by the hearing examiner,
that creates the county’s record through testimony and submittal of evidence and information,
under procedures prescribed by the county by ordinance or resolution. An open record
predecision hearing may be held prior to the county’s decision on a project permit (RCW
36.70B.020).
(q) *“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets, lots, blocks (if applicable) and other elements of a subdivision
consistent with the provisions of this program.
(r) “Preservation” means actions taken to ensure the permanent protection of existing,
ecologically important areas that the county has deemed worthy of long-term protection.
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(s) “Primary association” means the use of a habitat area by a listed or priority species for
breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a
frequent and/or regular basis during the appropriate season(s) as well as habitats that are used
less frequently/regularly but which provide for essential life cycle functions such as
breeding/nesting/spawning.
(t) *“Primary use” means the principal use of a property.
(u) “Priority habitat” means a habitat type with unique or significant value to one or more
species. An area classified and mapped as priority habitat must have one or more of the
following attributes: comparatively high fish or wildlife density; comparatively high fish or wildlife
species diversity; fish spawning habitat; important fish and wildlife breeding habitat; important
fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging
habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent
species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a
dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands
or eelgrass meadows). A priority habitat may also be described by a successional stage (such
as old growth and mature forests). Alternatively, a priority habitat may consist of a specific
habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority
habitat may contain priority and/or nonpriority fish and wildlife (WAC 173-26-020(24)).
(v) “Priority species” means wildlife species of concern due to their population status and their
sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife.
(w) *“Prohibited use” means any use or activity which is specifically not allowed by this program.
A prohibited use cannot be authorized through a variance or conditional use permit.
(x) “Project” means any proposed or existing activity regulated by Jefferson County.
(y) ****“Project area” means all areas at and around a proposed shoreline development that
would be affected directly or indirectly by the proposal for which a project proponent is seeking
approval under this master program, and not simply the immediate area involved in the project.
That is, the project area may consist of an area larger than the affected lot or parcel. Direct
effects are those caused by the proposed project and occur at the same time and place. Indirect
effects are those caused by the proposed project and are later in time, but still are reasonably
certain to occur. The shoreline administrator is vested with the authority to define the project
area.
(z) *“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title
insurance policy insuring the status of an applicant as the owner in fee title to real property.
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(aa) “Proponent” means the owner, sponsor, authorized agent and/or permit applicant of any
proposed use or development on or affecting shorelines of the state.
(bb) *“Provision” means any written language contained in this program, including without
limitation any definition, policy, goal, regulation, requirement, standard, authorization, or
prohibition.
(cc) “Pruning” means the removal of any of a tree’s living branches.
(dd) “Public access” is a goal of the Shoreline Management Act that supports the public’s right to
get to, view and use the state’s public waters, both saltwater and freshwater, the water/land
interface and associated shoreline area. It includes physical access that is either lateral (areas
paralleling the shore) or perpendicular (an easement or public corridor to the shore), and/or
visual access facilitated by scenic roads and overlooks, viewing towers and other public sites or
facilities. Public access can be established by easement or other means and may not always
include a facility or structure. Public access is intended to connect people to public lands and
waters, not to allow trespassing on private property.
(ee) *“Public facilities (and services)” means facilities which serve the general public including
streets, roads, ferries, sidewalks, street and road lighting systems, traffic signals, community
water systems, community sewage treatment systems, storm sewer systems, parks and
recreational facilities, and libraries (see RCW 36.70A.030). Some public facilities are essential
public facilities.
(ff) “Public interest” means the interest shared by the citizens of the state or community at large
in the affairs of government, or some interest by which their rights or liabilities are affected
including, but not limited to, an effect on public property or on health, safety, or general welfare
resulting from adverse effects of a use or development.
(gg) *“Public transportation systems” means public facilities for air, water, or land transportation.
(hh) “Public use” means the use of any land, water, or building by a public agency for the general
public, or by the public itself.
(ii) “Public utility” means a use owned or operated by a public or publicly licensed or franchised
agency that provides essential public services such as telephone exchanges, electric
substations, radio and television stations, wireless communications services, gas and water
regulation stations and other facilities of this nature.
(17) Q Definitions.
(a) “Qualified professional” or “qualified consultant” means a person with experience and training
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with expertise appropriate for the relevant subject. A qualified professional/consultant must have
obtained a B.S. or B.A. degree or have appropriate education and experience.
(b) “Qualified geotechnical engineer” means a professional engineering geologist or geotechnical
engineer, licensed in the state of Washington.
(18) R Definitions.
(a) *“Rare, endangered, threatened and sensitive species” means plant and animal species
identified and listed by the Washington State Department of Natural Resources, Washington
Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S. Fish
and Wildlife Service, as being severely limited or threatened with extinction within their native
ranges.
(b) *“RCW” means the Revised Code of Washington.
(c) “Reach” means a section of shoreline and associated planning area that is mapped and
described as a unit due to relatively homogenous characteristics that include land use and/or
natural features, such as a drift cell location and other factors.
(d) “Reasonably foreseeable,” in the context of this program and the Comprehensive Plan,
means predictable by an average person based on existing conditions, anticipated build-out, and
approved/pending permits.
(e) “Recharge” means the process involved in the absorption and addition of water from the
unsaturated zone to ground water.
(f) “Reclamation” means, in accordance with RCW 78.44.031, rehabilitation for the appropriate
future use of disturbed areas resulting from surface mining.
(g) *“Recording” means the filing of a document(s) for recordation with the county auditor.
(h) *“Recreational development” means parks and facilities for camping, indoor and outdoor
sports, and similar developments.
(i) “Recreation, shoreline” means a commercial or public activity intended for personal
enjoyment and leisure. Most shoreline recreation occurs outdoors and can be either passive
(such as observation or recording activities such as photography, painting, bird watching,
viewing of water conditions or shoreline features, nature study and related activities) or active
(such as: fishing, clamming, hunting, beach combing, rock climbing; boating, swimming, hiking,
bicycling, horseback riding, camping, picnicking, and similar activities). Existing rules for health,
safety and public conduct are not exempted by an action being deemed recreational.
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(j) “Reestablishment” means measures taken to intentionally restore an altered or damaged
natural feature or process including:
(i) Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their
buffers to the functioning condition that existed prior to an unauthorized alteration;
(ii) Actions performed to reestablish structural and functional characteristics of the critical
area that have been lost by alteration, past management activities, or other events; and
(iii) Restoration can include restoration of wetland functions and values on a site where
wetlands previously existed, but are no longer present due to lack of water or hydric soils.
(k) ****“Rehabilitation” means a type of restoration action intended to repair natural or historic
functions and processes. Activities could involve breaching a dike to reconnect wetlands to a
floodplain or other activities that restore the natural water regime.
(l) “Renovation” means to restore to an earlier condition as by repairing or remodeling.
“Renovation” shall include any interior changes to the building and those exterior changes that do
not substantially change the character of the existing structure.
(m) “Resident fish” means a fish species that completes all stages of its life cycle within
freshwater and frequently within a local area.
(n) “Residential development” means development of land with dwelling units for nontransient
occupancy including single-family, multifamily, and creation of new residential lots by land
division. For the purposes of this program, accessory dwelling units, garages, and other similar
structures accessory to a dwelling unit shall also be considered residential development (see
also “Dwelling unit” and “Accessory dwelling unit”).
(o) *“Resource-based industrial” means a forest resource-based industrial land use designation
that recognizes existing, active sawmills and related activities.
(p) *“Resource lands” means agricultural, forest, and mineral lands that have long-term
commercial significance.
(q) *“Restoration” means the reestablishment or upgrading of impaired ecological shoreline
processes or functions. This may be accomplished through measures including, but not limited
to, revegetation, removal of fill, removal of intrusive shoreline structures and removal or
treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline
area to aboriginal or pre-European settlement conditions.
(r) *“Restriction” means a limitation placed upon the use of parcel(s) of land.
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(s) “Revetment” means a sloped wall constructed of rip-rap or other suitable material placed on
stream banks or other shorelines to retard bank erosion and minimize lateral stream movement.
(t) “Rip-rap” means dense, hard, angular rock free from cracks or other defects conducive to
weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes.
(u) “Riparian corridor, zone or area” means the area adjacent to a water body (stream, lake or
marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area
and/or fish and wildlife habitat by providing shade, fine or large woody material, nutrients,
organic debris, sediment filtration, and terrestrial insects (prey production). Riparian areas
include those portions of terrestrial ecosystems that significantly influence exchanges of energy
and matter with aquatic ecosystems (i.e., zone of influence). Riparian zones provide important
wildlife habitat. They provide sites for foraging, breeding and nesting; cover to escape predators
or weather; and corridors that connect different parts of a watershed for dispersal and migration.
(v) ****“River” means a large natural stream of water emptying into any ocean, lake, or other
body of water, and usually fed along its course by converging tributaries.
(w) *“Road” means an improved and maintained public or private right-of-way which provides
vehicular access to abutting properties, and which may also include provision for public utilities,
pedestrian access, cut and fill slopes, and drainage.
(x) *“Runoff” means water originating from rainfall and other precipitation that is found in
drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow
ground water. In addition, that portion of rainfall or other precipitation that becomes surface flow
and interflow.
(y) *“Rural lands” means the class of land use designations which are intended to preserve the
rural character of the county. Rural land designations include the following: rural residential, rural
commercial, and rural industrial.
(z) *“Rural residential designation” means the land use designation in the Comprehensive Plan
designed to recognize existing residential development patterns of the rural landscape and
provide for a variety of residential living opportunities at densities which maintain the primarily
rural residential character of an area.
(19) S Definitions.
(a) *“Sale” means the conveyance for consideration of legal or beneficial ownership.
(b) *“Saltwater intrusion” or “seawater intrusion” means the underground flow of salt water into
wells and aquifers.
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(c) ****“Scientific and educational facilities” means those sites, structures, or facilities that
provide unique insight into our natural and cultural heritage.
(d) *“Screening” means a method of visually shielding or obscuring a structure or use from view
by fencing, walls, trees, or densely planted vegetation.
(e) *“Seaward” means to or toward the sea.
(f) ****“Seawall” means a structure whose primary purpose is to protect the shore from erosion
by water waves. Seawalls are similar but typically more massive than bulkheads because they
are designed to resist the full force of waves.
(g) “Sedimentation” means the process by which material is transported and deposited by water
or wind.
(h) “Setback” means the distance a building structure is placed behind a specified limit such as a
lot line or shoreline buffer.
(i) “Shared use” means a facility shared by two or more lots/parcels. This can apply to facilities
for adjoining lots or facilities shared between waterfront and upland properties; comparable to
“Community structure” per JCC 18.10.030. See also “Community dock.”
(j) “Shellfish” means invertebrate organisms of the phyla Arthropoda (class Crustacea), Mollusca
(class Pelecypoda) and Echinodermata. Shellfish possess a full, partial or vestigial hard outer
shell, carapace or exoskeleton. Examples include, but are not limited to, crabs and shrimp,
clams, oysters, mussels and other bivalves, snails, limpets, abalone and other single-shelled
gastropods, and sea urchins, sea cucumbers, sea stars.
(k) “Shellfish habitat conservation areas” are all public and private tidelands suitable for
shellfish, as identified by the Washington Department of Health classification of commercial
growing areas, and those recreational harvest areas as identified by the Washington Department
of Ecology as designated as shellfish habitat conservation areas pursuant to WAC 365-190-80.
Any area that is or has been designated as a shellfish protection district created under Chapter
90.72 RCW is also a shellfish habitat conservation area.
(l) “Shore armoring” or “structural shoreline armoring” refers to the placement of bulkheads and
other hard structures on the shoreline to provide stabilization and reduce or prevent erosion
caused by wave action, currents and/or the natural transport of sediments along the shoreline.
Groins, jetties, breakwaters, revetments, sea walls are examples of other types of shoreline
armoring.
(m) ***“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in
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all directions as measured on a horizontal plane from and perpendicular to the ordinary high
water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways;
and all wetlands and river deltas associated with the streams, lakes and tidal waters which are
subject to the provisions of Chapter 173-22 WAC, as may be amended; the same to be
designated as to location by the Department of Ecology, as defined by Chapter 90.58 RCW.
(n) ***“Shorelines” are all of the water areas of the state as defined in RCW 90.58.030, including
reservoirs and their associated shorelands, together with the lands underlying them except the
following, which are excluded:
(i) Shorelines of statewide significance;
(ii) Shorelines on segments of streams upstream of a point where the mean annual flow is
20 cubic feet per second (20 cfs) or less and the wetlands associated with such upstream
segments; and
(iii) Shorelines on lakes less than 20 acres in size and wetlands associated with such small
lakes.
(o) “Shoreline conditional use” means a use, development, substantial development, or
unclassified use that, owing to some special characteristics attendant to its typical operation or
installation, may be allowed in certain circumstances when consistent with criteria specified
herein.
(p) “Shoreline conditional use permit” means a permit issued by Jefferson County and approved
by Ecology stating that the land uses and activities meet all criteria set forth in this program, and
all conditions of approval in accordance with the procedural requirements of this program.
(q) “Shoreline jurisdiction” means all shorelines of the state and shorelands.
(r) *“Shoreline Management Act (SMA)” means the Shoreline Management Act of 1971 (Chapter
90.58 RCW), as amended.
(s) “Shoreline master program” (“SMP” or “program”) means the Jefferson County shoreline
master program.
(t) **“Shoreline modification activities” means those actions that modify the physical
configuration or qualities of the shoreline area, usually through the construction of a physical
element such as a bulkhead, dock or other shoreline structure. They can include other actions,
such as clearing, grading, or filling.
(u) “Shoreline permit” means a shoreline substantial development permit (SSDP), a shoreline
conditional use permit, or a shoreline variance, or any combination thereof issued by Jefferson
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County pursuant to Chapter 90.58 RCW.
(v) “Shoreline stabilization” means nonstructural modifications to the existing shoreline intended
to reduce or prevent erosion of uplands or beaches and/or influence wave action, currents and/or
the natural transport of sediments along the shoreline. This includes use of bioengineering and
other forms of vegetative stabilization.
(w) ****“Shorelines of statewide significance (SSWS)” with respect to Jefferson County are
identified as follows:
(i) The area between the ordinary high water mark and the western boundary of the state,
within Jefferson County and state of Washington jurisdiction, including harbors, bays,
estuaries, and inlets.
(ii) The area between the ordinary high water mark and the western boundary of the state,
within Jefferson County and state of Washington jurisdiction, including harbors, bays,
estuaries, and inlets.
(iii) The lakes, whether natural, artificial, or a combination thereof, with a surface acreage of
1,000 acres or more measured at the ordinary high water mark, including associated
wetlands.
(iv) Those areas of Puget Sound and the Strait of Juan de Fuca between the ordinary high
water mark and the line of extreme low tide, which are Hood Canal from Tala Point to
Foulweather Bluff, south to the Mason-Jefferson County line, including associated wetlands.
(v) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters
north to the Canadian line and lying seaward from the line of extreme low tide.
(vi) Those natural rivers or segments thereof downstream from a point where the mean
annual flow is measured at 1,000 cubic feet per second or more. In Jefferson County these
rivers include portions of the Bogachiel River, Clearwater River, Hoh River, and Quinault
River.
(vii) Those shorelands associated with the areas described in subsection (19)(w)(i), (ii), and
(iv) of this definition.
(x) ***“Shorelines of the state” means the total of all shorelines and shorelines of statewide
significance within Washington State.
(y) *“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for
record with the county auditor, and containing all elements and requirements set forth in Chapter
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18.35 JCC.
(z) *“Should” means that the particular action is preferred unless there is a demonstrated,
compelling reason, based on policy of the Act and this program, against taking the action (WAC
173-26-020(32)).
(aa) *“Sign” means any object, device, display or structure, or part thereof, situated outdoors or
indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means,
including words, letters, figures, design, symbols, fixtures, colors, illumination or projected
images. Excluded from this definition are signs required by law, such as handicapped parking
signs, and the flags of national and state governments.
(bb) *“Sign, commercial or industrial” means a sign that directs attention to a business or
profession, to a commodity or service sold, offered, or manufactured, or to an entertainment
offered on the premises where the sign is located.
(cc) “Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or
ground cover by clearing, grading, cutting, burning, chemical means, or other activity that
causes significant impacts to ecological functions provided by such vegetation. The removal of
invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not
including tree topping, where it does not affect ecological functions, does not constitute
significant vegetation removal.
(dd) *“Single-family residence” means a dwelling unit designed for and occupied by no more than
one family.
(ee) “Site plan approval advance determination (SPAAD)” means a review of a proposed
development on a particular parcel for site requirements and constraints to allow prospective
land buyers, owners or developers a means to obtain a five-year authorization prior to obtaining
building permits for the development action. The intent is to reduce costs and aid financing and
serves to vest a proposed development to current regulations.
(ff) “Slope” means:
(i) Gradient.
(ii) The inclined surface of any part of the earth’s surface, delineated by establishing its toe
and top and measured by averaging the inclination over at least 10 feet of vertical relief.
(gg) *“Small-scale” means of a size or intensity which has minimal impacts on the surrounding
area and which makes minimal demands on the existing infrastructure.
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(hh) “Soil” means all unconsolidated materials above bedrock described in the Soil Conservation
Service Classification System or by the Unified Soils Classification System.
(ii) *“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except
wastes identified in WAC 173-304-015, including, but not limited to, junk vehicles, garbage,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles
or parts thereof, and discarded commodities, but excluding agricultural wastes and crop residues
returned to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials
which are not the primary products of public, private, industrial, commercial, mining and
agricultural operations. Solid waste includes but is not limited to sludge from wastewater
treatment plants and septage from septic tanks, wood waste, dangerous waste, and problem
wastes. Unrecovered residues from recycling operations shall be considered solid waste.
(jj) ****“Solid waste handling and disposal facilities” means any land or structure where solid
waste is stored, collected, transported, or processed in any form, whether loose, baled or
containerized, including but not limited to the following: transfer stations, landfills, or solid waste
loading facilities. Solid waste handling and disposal facilities do not include the following:
handling or disposal of solid waste as an incidental part of an otherwise permitted use; and solid
waste recycling and reclamation activities not conducted on the same site as and accessory to
the handling and disposal of garbage and refuse.
(kk) *“Solid waste disposal” means the act or process of disposing of rubbish and garbage.
(ll) SPAAD. See “Site plan approval advance determination.”
(mm) “Spit” means an accretion shoreform that is narrow in relation to length and extends
parallel to or curves outward from shore; spits are also characterized by a substantial wave-built
sand and gravel berm on the windward side, and a more gently sloping silt or marsh shore on the
lagoon or leeward side; curved spits are called hooks.
(nn) *“Storage yard, outdoor” means an outdoor area used for the storage of equipment, vehicles
or materials for periods exceeding 72 hours.
(oo) ****“Stormwater” means rain or snow melt that does not naturally infiltrate into the ground
but runs off surfaces such as rooftops, streets, or lawns, directly or indirectly, into streams and
other water bodies or through constructed infiltration facilities into the ground.
(pp) “Stream” means an area where surface waters produce a defined channel or bed. A defined
channel or bed is an area that demonstrates clear evidence of the annual passage of water and
includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined
channel swales. The channel or bed need not contain water year round. This definition includes
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drainage ditches or other artificial water courses where natural streams existed prior to human
alteration, and/or the waterway is used by anadromous or resident salmonid or other fish
populations.
(qq) “Strict construction” means an interpretation that considers only the literal words of a
writing, as compared to liberal construction.
(rr) *“Structure” means a permanent or temporary edifice or building or any piece of work
artificially built up or composed of parts joined together in some definite manner, whether
installed on, above, or below the surface of the ground or water, except for vessels (WAC 173-
27-030). Retaining walls, bulkheads, fences, landscaping walls/decorative rockeries, and similar
improvements to real property are examples of structures. Geoduck tubes are not considered
structures for purposes of this program.
(ss) *“Subdivision” means the division or redivision of land into lots, tracts, parcels, sites or
divisions for the purpose of sale, lease or transfer of ownership.
(tt) “Substantial development” means any development of which the total cost or fair market
value exceeds $5,718 or as adjusted by the state legislature, or any development which
materially interferes with the normal public use of the water or shorelines of the state; except the
classes of development listed (a) through (l) under RCW 90.58.030(3)(e).
(uu) ****“Substantially degrade” means to cause damage or harm to an area’s ecological
functions. An action is considered to substantially degrade the environment under any of the
following criteria:
(i) The damaged ecological function or functions affect other related functions or the viability
of the larger ecosystem; or
(ii) The degrading action may cause damage or harm to shoreline ecological functions under
foreseeable conditions; or
(iii) Scientific evidence indicates that the action may contribute to damage or harm to
ecological functions as part of cumulative impacts from similar permitted development on
nearby shorelines.
(vv) ****“Subtidal” means the area waterward of the line of extreme low tide.
(ww) *“Sustainable” means actions or activities which preserve and enhance resources for
future generations.
(20) T Definitions.
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(a) *“Threatened species” means a species that is likely to become an endangered species
within the foreseeable future, as classified by the Washington Department of Fish and Wildlife,
the Department of Natural Resources, Washington Natural Heritage Program, or the federal
Endangered Species Act.
(b) *“Threshold determination” means the decision by the responsible official under the State
Environmental Policy Act (SEPA) regarding the likelihood that a project or other action (WAC
197-11-704) will have a probable significant adverse impact on an element of the environment.
(c) “Toe” means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide,
etc.
(d) ***“Tombolo” means a causeway-like accretion spit connecting an offshore rock or island
with the main shore, such as the formation that connects Hood Head to the southern shore of
Paradise Bay, near the Hood Canal Bridge.
(e) “Topping” means the removal of any part of a tree’s main stem.
(f) “Trimming” means the removal of living plant matter from any type of vegetation and includes
limbing, thinning, shaping, tree pruning and topping.
(21) U Definitions.
(a) “Unavoidable” means adverse impacts that remain after all appropriate avoidance and
minimization measures have been implemented.
(b) *“Uplands” means dry lands landward of OHWM.
(c) *“Urban growth area (UGA)” means an area designated by the county within which urban
growth is to be encouraged and outside of which growth is not intended to be urban in nature (cf.,
Chapter 36.70A RCW).
(d) *“Use” means the purpose that land or building or structures now serve or for which they are
or may be occupied, maintained, arranged, designed, or intended.
(e) *“Utility distribution lines” means pipes, wires, and associated structural supports.
(f) *“Utility facilities” means facilities directly used for the distribution or transmission of services
to an area, excluding utility service offices.
(22) V Definitions.
(a) *“Variance (or shoreline variance) permit” means a type of permit that can provide relief from
the dimensional requirements of this program. A variance may only be granted when all of the
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criteria listed at WAC 173-27-170 are met. The variance is intended to allow only a minimum
degree of variation from setback or other standards, just enough to afford relief and to allow a
reasonable use of a property. Variances approved by Jefferson County must also be approved,
denied, or approved with conditions by Ecology.
(b) “Vegetation” means all live plant material, including native and nonnative, woody and
herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and
terrestrial.
(c) “Vegetative debris” means all dead and downed plant material, naturally expired or portions of
a plant removed intentionally, such as by trimming, resulting from native and nonnative, woody
and herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and
terrestrial source. Examples include, but are not limited to, leaves, needles, branches, limbs,
annual herbaceous growth, and grass clippings. A standing tree snag is not considered
vegetative debris for the purposes of this program.
(d) “Vegetation removal” means physical extraction, including the whole plant plus its root
structure, or trimming in excess of that which a plant can survive even though the root structure
is left in place, or chemical expiration of plant material.
(e) “Vessel” means a floating structure that is designed primarily for navigation, is normally
capable of self propulsion and use as a means of transportation, and meets all applicable laws
and regulations pertaining to navigation and safety equipment on vessels, including, but not
limited to, registration as a vessel by an appropriate government agency as per WAC 332-30-
103.
(f) *“Vicinity” means, in rural and resource lands, the area within one mile of the exterior
boundary of a given parcel (JCC 18.10.220).
(g) ****“View protection” means protection of the visual quality of the shoreline resource and
maintenance of view corridors to and from waterways and their adjacent shoreland features.
(23) W Definitions.
(a) *“WAC” means the Washington Administrative Code.
(b) ****“Waste disposal” means refuse composed of garbage, rubbish, ashes, dead animals,
demolition wastes, automobile parts, and similar material.
(c) **“Water-dependent use” means a use or portion of a use that requires direct contact with the
water and cannot exist at a nonwater location due to the intrinsic nature of its operations. Ferry
terminals, public fishing piers, marinas, and shellfish aquaculture are examples of water-
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dependent uses. Residential development is not a water-dependent use but is a preferred use of
shorelines of the state.
(d) **“Water-enjoyment use” means a recreational use or other use that facilitates public access
to the shoreline as a primary characteristic of the use; or a use that provides for recreational use
or aesthetic enjoyment of the shoreline for a substantial number of people as a general
characteristic of the use and which through location, design, and operation ensures the public’s
ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a
water-enjoyment use, the use must be open to the general public and the shoreline-oriented
space within the project must be devoted to the specific aspects of the use that fosters shoreline
enjoyment. A restaurant or similar use may qualify as a water-enjoyment use, provided it
includes public access to the shoreline.
(e) “Water-oriented use” means any one or a combination of water-dependent, water-related or
water-enjoyment uses and serves as an all-encompassing definition for priority uses under the
Act.
(f) “Water quality” means the characteristics of water, including flow or amount and related
physical, chemical, aesthetic, recreation-related, and biological characteristics.
(g) **“Water-related use” means a use or portion of a use that is not intrinsically dependent on a
waterfront location but depends upon a waterfront location for economic viability because of one
of the following:
(i) A functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water; or
(ii) The use provides a necessary service supportive of the water-dependent activities and
the proximity of the use to its customers makes its services less expensive and/or more
convenient. Water-related uses include manufacturers of ship parts large enough that
transportation becomes a significant factor in the product’s cost; professional services for
primarily water-dependent activities and storage of water-transported foods. Other
examples of water-related uses may include the warehousing of goods transported by
water, seafood processing plants, hydroelectric generating plants, gravel storage when
transported by barge, oil refineries where transport is by tanker, and log storage for water-
borne transportation.
(h) “Watershed” means a geographic region within which water drains into a particular river,
stream or body of water.
(i) ***“Wetlands” means areas that are inundated or saturated by surface water or ground water
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at a frequency and duration sufficient to support, and that under normal circumstances support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. Wetlands do not include those
artificial wetlands intentionally created for nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street, or
highway. Wetlands may include those artificial wetlands intentionally created from nonwetland
areas to mitigate the conversion of wetlands.
(j) “Windthrow” means a natural process by which trees are uprooted or sustain severe trunk
damage by the wind. [Ord. 7-13 Exh. A (Art. II)]
Article III. Master Program Goals
18.25.110 Purpose.
This article describes the overall goals of the master program, which apply to all uses and
developments within shoreline jurisdiction regardless of the designated shoreline environment in
which they occur. These goals are informed by Chapter 173-26 WAC and the governing principles
described in Article I of this chapter. The general policies and regulations in Article VI of this chapter
and the specific use policies and regulations in Articles VII and VIII of this chapter are the means by
which these goals are implemented. Achievement of these goals shall be consistent with the state’s
policies of avoiding cumulative impacts and ensuring no net loss of shoreline processes, functions,
and values. These goals are not listed in order of priority. [Ord. 7-13 Exh. A (Art. III)]
18.25.120 Conservation.
(1) Purpose. As required by RCW 90.58.100(2)(f), the conservation goals address the protection of
natural resources, scenic vistas, aesthetics, and vital shoreline areas for fisheries and wildlife for the
benefit of present and future generations.
(2) Goals.
(a) Preserve, enhance and protect shoreline resources (i.e., wetlands, intertidal areas, and other
fish and wildlife habitats) for their ecological functions and values, and aesthetic and scenic
qualities.
(b) Maintain and sustain natural shoreline formation processes through effective shoreline
management.
(c) Promote restoration and enhancement of areas that are biologically and/or aesthetically
degraded while maintaining appropriate use of the shoreline.
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(d) Protect and enhance native shoreline vegetation to maintain water quality, fish and wildlife
habitat, and other ecological functions, values and processes. [Ord. 7-13 Exh. A (Art. III § 1)]
18.25.130 Economic development.
(1) Purpose. As required by RCW 90.58.100(2)(a), the economic development goals address the
location and design of industries, transportation facilities, port facilities, tourist facilities, commerce
and other developments that are particularly dependent on their location on or use of the shorelines.
(2) Goals.
(a) Encourage viable, orderly economic growth through economic activities that benefit the local
economy and are environmentally sensitive. Such activities should not disrupt or degrade the
shoreline or surrounding environment.
(b) Accommodate and promote water-oriented industrial and commercial uses and
developments, giving highest preference to water-dependent uses.
(c) Encourage water-oriented recreational use as an economic asset that will enhance public
enjoyment of the shoreline.
(d) Encourage economic development in areas already partially developed with similar uses
when consistent with this program and the Jefferson County Comprehensive Plan. [Ord. 7-13
Exh. A (Art. III § 2)]
18.25.140 Historic, archaeological, cultural, scientific and educational resources.
(1) Purpose. As required by RCW 90.58.100(2)(g), these goals address protection and restoration of
buildings, sites and areas having historic, archaeological, cultural, scientific, or educational
significance.
(2) Goals.
(a) Maintain finite and irreplaceable links to the past by identifying, preserving, protecting, and
where appropriate, restoring historic, archaeological, cultural, scientific, and educational
(HACSE) sites.
(b) Protect HACSE sites and buildings identified on national, state or local historic registers from
destruction or alteration, and from encroachment by incompatible uses.
(c) Acquire, where feasible, HACSE sites to ensure their protection and preservation for present
and future generations.
(d) Foster greater appreciation for shoreline management, maritime activities, environmental
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conservation, natural history and cultural heritage by educating and informing citizens of all ages
through diverse means.
(e) Ensure that tribal organizations and the State Office of Archaeology and Historic
Preservation are involved in the review of projects that could potentially affect such resources.
[Ord. 7-13 Exh. A (Art. III § 3)]
18.25.150 Public access.
(1) Purpose. As required by RCW 90.58.100(2)(b), the public access goals address the ability of the
public to reach, touch, and travel on the shorelines of the state and to view the water and the
shoreline from adjacent locations.
(2) Goals.
(a) Develop, adopt, and implement a shoreline public access plan that incorporates public
access into new shoreline development, unifies individual public access points into a
comprehensive system, and seeks new waterfront access points that can be acquired for public
use.
(b) Evaluate potential public access opportunities when reviewing all shoreline development
projects except for individual single-family residential development projects.
(c) Acquire property (i.e., through purchase, donation or other agreement) to provide public
access to the water’s edge in appropriate and suitable locations.
(d) Regulate shoreline use and development to minimize interference with the public’s use of the
water and protect the public’s opportunity to enjoy the physical and aesthetic qualities of
shorelines, including views of the water.
(e) Expand opportunities for physical and visual public access to shorelines when such access
can occur without human health, safety, and/or security risks, and without adverse effects on
shoreline functions, processes, values, private property rights, and/or neighboring uses.
(f) Incorporate educational and interpretive signage and other tools into public access facilities to
enhance the public’s understanding and appreciation of shoreline ecology, cultural history and
maritime heritage. [Ord. 7-13 Exh. A (Art. III § 4)]
18.25.160 Recreation.
(1) Purpose. As required by RCW 90.58.100(2)(c), the recreation goals address the creation and
expansion of water-oriented public recreational opportunities including, but not limited to, parks,
tidelands, beaches, and ecological study areas.
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(2) Goals.
(a) Encourage diverse recreational opportunities in shoreline areas that can support such use
and development without human health, safety, and/or security risks, and without adverse
effects on shoreline functions, processes, values, private property rights, and/or neighboring
uses.
(b) Plan for future shoreline recreation needs and acquire (i.e., through purchase, donation or
other agreement) shoreline areas that have a high potential to provide recreation areas.
(c) Provide for both active and passive recreational needs when developing recreational areas.
(d) Support other governmental and nongovernmental efforts to acquire and develop additional
shoreline properties for public recreational uses. [Ord. 7-13 Exh. A (Art. III § 5)]
18.25.170 Restoration and enhancement.
(1) Purpose. As required by WAC 173-26-186, the restoration and enhancement goals address
reestablishment, rehabilitation and improvement of impaired shoreline ecological functions, values
and/or processes.
(2) Goals.
(a) Improve shoreline functions, processes, and values over time through regulatory, voluntary
and incentive-based public and private programs and actions that are consistent with the
shoreline master program restoration plan and other agency adopted restoration plans.
(b) Encourage cooperative restoration programs between local, state, and federal public
agencies, tribes, nonprofit organizations, and landowners.
(c) Provide fundamental support to restoration work by various organizations by identifying
shoreline restoration priorities, and by organizing information on available funding sources for
restoration implementation.
(d) Implement actions that restore shoreline ecological functions, values and processes as well
as shoreline features, improve habitat for sensitive and/or locally important species, and are
consistent with biological recovery goals for threatened salmon populations and other species
and/or populations for which a recovery plan is available.
(e) Integrate restoration efforts with other parallel natural resource management efforts including,
but not limited to, shellfish closure response plans and water quality cleanup plans.
(f) Increase the availability, viability and sustainability of shoreline habitats for salmon, shellfish,
forage fish, shorebirds and marine seabirds, and other species. [Ord. 7-13 Exh. A (Art. III § 6)]
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18.25.180 Shoreline use.
(1) Purpose. As required by RCW 90.58.100(2)(e), the shoreline use goals address the general
distribution, location, and extent of housing, business, industry, transportation, agriculture, natural
resources, aquaculture, recreation, education, navigation, and other categories of public and private
land use.
(2) Goals.
(a) Ensure that shoreline use patterns are compatible with the ecological functions and values of
the shoreline and avoid disruption of natural shoreline processes.
(b) Increase protection of shoreline ecological resources by properly siting and regulating water-
dependent and residential uses that have preferred status for use of waterfront lands.
(c) Encourage appropriate sustainable, low impact, and cluster development practices whenever
feasible.
(d) Encourage uses that allow for or include restoration so that areas affected by past activities
or catastrophic events can be improved.
(e) Ensure that all new development is consistent with the Land Use and Rural Element and
other pertinent sections of the Comprehensive Plan and the Growth Management Act (Chapter
36.70A RCW).
(f) Limit development intensity in ecologically sensitive and fragile areas.
(g) Reduce health and safety risks by limiting development in areas subject to flooding, erosion,
landslides, channel migration, and other hazards.
(h) Reserve aquatic lands including tidelands for water-dependent uses.
(i) Protect tidelands and bedlands that were acquired and retained under the Bush and Callow
Acts by not permitting unrelated uses on these tidelands.
(j) Encourage all use and development to address potential adverse effects of global climate
change and sea level rise. [Ord. 7-13 Exh. A (Art. III § 7)]
18.25.190 Transportation, utilities and essential public facilities.
(1) Purpose. As required by RCW 90.58.100(2)(d), the transportation and essential public facilities
goals address circulation and the general location and extent of thoroughfares, transportation routes,
terminals, and other public utilities and facilities.
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(2) Goals.
(a) Develop efficient and economical transportation systems and other essential public facilities
in a manner that assures the safe movement of people and goods and that effectively provides
other essential services without adverse effects on shoreline use and development or shoreline
ecological functions, processes, or values.
(b) Provide and/or enhance physical and visual public shoreline access along public roads (i.e.,
turnouts, viewpoints and rest areas) in accordance with the public access provisions of this
program.
(c) Provide for alternative modes of travel when developing circulation systems and ensure
consistency with the Jefferson County nonmotorized transportation and recreational trails plan.
(d) Locate, construct and maintain new transportation and other essential public facilities in
areas that do not require shoreline stabilization, dredging, extensive cut/fill and other forms of
shoreline alteration.
(e) Identify road and public infrastructure developments that interfere with natural processes,
require shoreline armoring, or have exorbitant maintenance needs. Prioritize relocation of such
facilities to more environmentally sustainable and economically sensible locations. [Ord. 7-13
Exh. A (Art. III § 8)]
Article IV. Shoreline Jurisdiction and Environment Designations
18.25.200 Shoreline jurisdiction and mapping.
(1) The provisions of this program shall apply to all shorelines of the state in unincorporated Jefferson
County including all freshwater and saltwater shorelines, shorelines of statewide significance and all
shorelands as defined in Article II of this chapter and RCW 90.58.030. These areas are collectively
referred to herein as “shorelines.” The official shoreline map adopted with this program (Appendix A
attached to the ordinance codified in this chapter) shows the general location and approximate extent
of such shorelines.
(2) The official shoreline map shows the environment designations that apply to each segment of the
shoreline planning area. The official shoreline map is for planning purposes only. It does not
necessarily identify or depict the precise lateral extent of shoreline jurisdiction or all associated
wetlands. The lateral extent of the shoreline jurisdiction at the parcel level shall be determined on a
case-by-case basis at the time a shoreline development is proposed. The actual extent of shoreline
jurisdiction requires a site-specific evaluation to identify the location of the ordinary high water mark
and any associated wetlands.
(3) The county shall maintain a Geographic Information Systems database that depicts the
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coordinates for locating the upstream extent of shoreline jurisdiction (that is, the location where the
mean annual stream flow is at least 20 cubic feet per second). The database shall also show the
limits of the floodplain, floodway, and channel migration zones, and such information shall be used,
along with site-specific information on the location of the ordinary high water mark and associated
wetlands, to determine the lateral extent of shoreline jurisdiction on a parcel-by-parcel basis. The
database shall be updated regularly as new information is made available and the public shall have
access to the database upon request.
(4) All areas within shoreline jurisdiction that are not mapped and/or not designated shall be
designated conservancy until the area is redesignated through a master program amendment, except
within the Quinault Indian Nation reservation where the upland designation shall be natural and the
waterward designation shall be priority aquatic. The shoreline environment designation in ocean
coastal areas waterward of the ordinary high water mark (OHWM) extending to the westernmost
boundary of the state of Washington shall be priority aquatic.
(5) If disagreement develops as to the exact location of a shoreline environment designation boundary
line shown on the official shoreline map, the following rules shall apply:
(a) Boundaries indicated as approximately following lot, tract, or section lines shall be so
construed.
(b) Boundaries indicated as approximately following roads or railways shall be respectively
construed to follow their centerlines.
(c) Boundaries indicated as approximately parallel to or extensions of features indicated in
subsections (5)(a) and (b) of this section.
(d) Whenever existing physical features are inconsistent with boundaries on the official shoreline
map, the administrator shall interpret the boundaries, with deference to actual conditions.
Appeals of such interpretations may be filed pursuant to the applicable appeal procedures
described in Article X of this chapter. [Ord. 7-13 Exh. A (Art. IV § 1)]
18.25.210 Shoreline environment designations – Purpose and criteria.
(1) Shoreline environment designations have been developed as a part of this program in accordance
with WAC 173-26-211. The designations provide a systematic, rational, and equitable basis upon
which to guide and regulate use and development within specific shoreline planning areas.
(2) Shoreline environment designations are based on the following general factors, not listed in order
of priority:
(a) The ecological functions and processes that characterize the shoreline, together with the
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degree of human alteration as determined by the November 2008 Final Shoreline Inventory and
Characterization Report and subsequent technical analyses; and
(b) The county’s goal of having coordinated planning for open space, public access and other
aspects of shoreline management; and
(c) Existing and planned development patterns, including county Comprehensive Plan
designations; and
(d) The county Comprehensive Plan goals for shorelines; and
(e) The requirements outlined in WAC 173-26-211; and
(f) Public demand for state-owned wilderness beaches, ecological study areas, and public
access and recreational activities.
(3) Shorelines in Jefferson County shall have one or more of the following designations:
(a) Priority Aquatic (PA).
(i) Purpose. The priority aquatic designation protects to the highest degree possible and,
where feasible, restores waters and their underlying bedlands deemed vital for salmon and
shellfish.
(ii) Designation Criteria. The priority aquatic designation is assigned to the most vital
salmon streams and nearshore areas and the highest value marine shellfish habitats
waterward of the ordinary high water mark. These shorelines have one or more of the
following qualities:
(A) Documented Endangered Species Act-listed salmonid streams and marine habitats
(summer chum, chinook, and steelhead);
(B) Estuaries that support Endangered Species Act-listed salmonid rearing;
(C) Other freshwater shorelines that provide habitat for salmonid species (coho, fall
chum, pink, and cutthroat) and are relatively undeveloped;
(D) Intact drift cell processes (i.e., sediment source, transport, and deposition);
(E) Documented forage fish spawning habitats (herring, surf smelt, sandlance); and/or
(F) Important intertidal and subtidal shellfish areas (clam, oyster, crab, shrimp, and
geoduck).
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(b) Aquatic (A).
(i) Purpose. The aquatic designation protects, manages, and, where feasible, restores lake,
stream, and marine waters and their underlying bedlands that are not designated as priority
aquatic.
(ii) Designation Criteria. The aquatic designation is assigned to shoreline areas waterward
of the ordinary high water mark if the area does not meet the criteria for the priority aquatic
designation.
(c) Natural (N).
(i) Purpose. The natural designation protects from harm or adverse impact shoreline areas
that are intact, have minimally degraded functions and processes, or are relatively free of
human influence.
(ii) Designation Criteria. The natural designation is assigned to shoreline areas landward of
the ordinary high water mark if any of the following characteristics apply:
(A) The shoreline is mostly ecologically intact and therefore currently performing an
important or irreplaceable function or process that would be damaged by human
activity; or
(B) The shoreline, whether minimally disturbed or intact, represents an ecosystem type
or geologic feature that is of particular scientific and/or educational interest; or
(C) The shoreline contains undisturbed wetlands, estuaries, feeder bluffs, unstable
slopes, coastal dunes, and/or accretional spits; or
(D) The shoreline is unable to support new development or uses without significant
adverse impacts to ecological functions or processes; or
(E) The shoreline has the potential to regain natural conditions with minimal or no
restoration activity; or
(F) The shoreline possesses serious development limitations or human health and
safety risks due to the presence of environmental hazards related to flooding, channel
migration, erosion or landslides and similar occurrences.
(d) Conservancy (C).
(i) Purpose. The conservancy designation provides for sustained use of resource lands and
other relatively undeveloped shorelines while protecting ecological functions, conserving
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natural, historic and cultural resources, and providing recreational opportunities.
(ii) Designation Criteria. A conservancy designation is assigned to shoreline areas landward
of the ordinary high water mark if they do not meet the criteria for the natural designation
and if any of the following characteristics apply:
(A) The shoreline is relatively undeveloped or currently supporting resource-based
uses; or
(B) The shoreline can support low impact outdoor recreational activities; or
(C) The shoreline is predominantly low density rural residential use (RR 1:10, RR 1:20);
or
(D) The shoreline can support low density residential development and low intensity
water-oriented uses, including some commercial and industrial uses, without significant
adverse impacts to shoreline functions or processes; or
(E) The shoreline is a good candidate for ecological restoration.
(e) Shoreline Residential (SR).
(i) Purpose. The shoreline residential designation accommodates residential development
and accessory structures that are properly located and designed, in areas where high
density residential developments and services exist or are planned.
(ii) Designation Criteria. The shoreline residential designation is assigned to shoreline areas
landward of the ordinary high water mark if they do not meet the criteria for the natural,
conservancy or high intensity environments, and if any of the following characteristics
apply:
(A) The shoreline is within an urban growth area (UGA); or master planned resort
(MPR); or designated high density rural residential area (RR 1:5); or
(B) The shoreline is predominantly high density (RR 1:5) single-family or multifamily
residential development or is planned and platted for high density (RR 1:5) residential
development.
(f) High Intensity (HI).
(i) Purpose. The high intensity designation ensures continued use of shorelines that are
either presently used for commercial, industrial, or other high intensity nonresidential
purposes or provide future economic development or recreational opportunities at a higher
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scale and intensity than can be achieved in more ecologically sensitive areas.
(ii) Designation Criteria. The high intensity designation is assigned to shorelines landward of
the ordinary high water mark if they do not meet the criteria for the natural, conservancy or
shoreline residential environments if any of the following characteristics apply:
(A) The shoreline is within an urban growth area (UGA), rural commercial area, or rural
industrial area and is suitable for high intensity uses; or
(B) The shoreline is currently used for industrial, commercial or other high intensity
nonresidential uses and is suitable for ongoing high intensity use. [Ord. 7-13 Exh. A
(Art. IV § 2)]
18.25.220 Uses allowed in each shoreline environment designation.
(1) Each shoreline environment designation shall be managed in accordance with its designated
purpose as described in this section. Table 18.25.220 shows the permitted uses, conditional uses and
prohibited uses for each environment designation. The requirements governing each use are
described in Articles VI, VII and VIII of this program. The permit criteria are described in Article IX of
this chapter and the administrative standards including the review procedures are described in Article
X of this chapter. Table 18.25.220 is intended to illustrate the text of the master program. In the event
discrepancies exist, the text shall govern.
Table 18.25.220 – Permitted, Conditional and Prohibited Uses by Shoreline
Environment Designation
P = Use may be permitted subject to policies and regulations of program. May
require shoreline substantial development permit or statement of exemption approval.
See Articles VI, VII, VIII, IX and/or X of this chapter for details.
C(a) = Conditional use administrative. See Articles II, IX and X of this chapter for
definition, criteria and process details.
C(d) = Conditional use discretionary. See Articles II, IX and X of this chapter for
definition, criteria and process details.
X = Prohibited use.
* = Exceptions and limitations may apply as noted in this program. See specific
section for details.
Shoreline Uses
Environment Designations
Waterward of
OHWM Landward of OHWM
Priority
Aquatic Aquatic Natural Conservancy Shoreline
Residential
High
Intensity
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Agriculture X X X*P P P
Aquaculture:
Aquaculture
activities other than
geoduck, in-water
finfish, and upland
finfish.
P P P P P P
Geoduck P P C(d)C(d)C(d)P
In-water finfish
(including net pens)
X C(d)X*/C(d)X X C(d)
Upland finfish X C(d)X C(d)X C(d)
Beach Access
Structures:
P P C(a)P P P
Public C(a)*C(a)*C(a)*C(a)C(a)C(a)
Private, accessory
to single-family
residential
development
X C(a)*X C(a)C(a)C(a)
Boating Facilities:
Boat launches
(nonresidential)
P*P*C(a)*C(a)P P
Boat launches
(residential)
X*P*C(a)*C(a)P P
Docks, piers,
floats, lifts
(nonresidential)
P*P*C(d)*C(a)*P*P
Docks, piers,
floats, lifts
(residential)
X*P*X C(a)P P
Float plane
moorage
X C(d)X C(a)C(a)P
Industrial piers P*P*X X X P
Marinas X P*X C(d)C(d)P
Mooring buoys P*P*C(a)*C(a)C(a)*P
Commercial Development:
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Water-dependent
(recreation)
C(d)P C(d)C(d)P P
Water-dependent or
water-related
(nonrecreation)
X X X C(d)P P
Water-related
(recreation)
X P X X P P
Water-enjoyment X X X C(d)P P
Non-water-oriented X X X X*C(d)C(d)
Dredging C(d)C(d)X*C(d)C(d)P
Dredge Disposal C(d)C(d)X*C(d)C(d)C(d)
Filling and
Excavation
C(d)C(d)X*C(d)P P
Flood Control
Structures
C(d)C(d)X C(d)C(d)C(d)
Forest Practices X X P P P P
In-Stream
Structures
C(d)C(d)X*C(d)C(d)C(d)
Industrial and Port Development:
Water-oriented X C(d)X C(d)C(d)*P
Non-water-oriented X X X X*X*/C(d)C(d)
Mining X X X*X*X*C(d)
Parking:
Accessory to
permitted use
X X X*P/C(d)P/C(d)P/C(d)
Primary use X X X X X X
Recreation:
Water-oriented P*P*P*P*P P
Non-water-oriented X X X X C(d)X
Underwater parks C(a)C(a)N/A N/A N/A N/A
Residential:
Single-family (and
normal
appurtenances)
X X C(a)P P P
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Accessory
structures
associated with
single-family
development (other
than beach access
structures, boating
facilities, and
boathouses)
X X X C(a)P P
Boathouses
accessory to
single-family
residences
X X X C(a)C(a)C(a)
Multifamily X X X P*P P
Restoration and
Enhancement
P P P P P P
Shore Armor/Stabilization:
Nonstructural
stabilization
P P P P P P
Structural armoring,
river and marine –
nonresidential
C(a)*C(a)*C(a)*C(a)*C(a)*C(a)*
Structural armoring,
river and marine –
residential
X X X C(a)*C(a)*C(a)*
Structural armoring,
lakes
X X X X X X
Signs P*P*X*P P P
Transportation:
Serving an allowed
use
C(d)C(d)X*P P P
Not serving a
specific allowed
use
C(d)C(d)X*C(d)*C(d)*C(d)*
Utilities:
Essential public C(d)*C(d)X*C(d)P P
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facilities
Oil, gas and natural
gas transmission
lines
C(d)*C(d)X*P*P*P
Power/tidal energy
generation facilities
X C(d)X C(d)C(d)C(d)
Desalinization
plants
X*X*X C(d)C(d)C(d)
Sewage systems X*X*X*C(d)C(d)P
Water systems X*X*X*C(d)C(d)P
Electrical and
communication
lines
C(d)C(d)X*P*P*P
[Ord. 7-13 Exh. A (Art. IV § 3)]
Article V. Shorelines of Statewide Significance
18.25.230 Adoption of policy.
(1) In accordance with RCW 90.58.020, the county shall manage shorelines of statewide significance
in accordance with this section and in accordance with this program as a whole. Preference shall be
given to uses that are consistent with the statewide interest in such shorelines. Uses that are not
consistent with this section or do not comply with the other applicable policies and regulations of this
program shall not be permitted on shorelines of statewide significance.
(2) In managing shorelines of statewide significance, Jefferson County shall:
(a) Recognize and protect the statewide interest over local interest;
(b) Preserve the natural character of the shoreline;
(c) Seek long-term benefits over short-term benefit;
(d) Protect the resources and ecology of the shoreline;
(e) Increase public access to publicly owned areas of the shoreline;
(f) Increase recreational opportunities for the public in the shoreline; and
(g) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary. [Ord. 7-13 Exh. A (Art. V § 1)]
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18.25.240 Designation of shorelines of statewide significance.
In accordance with RCW 90.58.030(2)(e), the following Jefferson County shorelines are designated
shorelines of statewide significance:
(1) Shorelines of natural rivers or segments thereof, including portions of the Bogachiel, Clearwater,
Hoh, and Quinault Rivers, downstream from a point where the mean annual flow equals 1,000 cubic
feet per second or more; and
(2) The waters of Hood Canal between the ordinary high water mark and the line of extreme low tide
south of the line between Tala Point and Foulweather Bluff; and
(3) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the
Canadian line and lying seaward from the line of extreme low tide. [Ord. 7-13 Exh. A (Art. V § 2)]
18.25.250 Use preference.
To ensure that statewide interests are protected over local interests, the county shall review all
development proposals within shorelines of statewide significance for consistency with RCW
90.58.030, this program, and the following, which are not listed in priority order:
(1) When shoreline development or redevelopment occurs, it shall include restoration and/or
enhancement of ecological conditions if such opportunities exist;
(2) State and federal resource agencies, co-managers, and tribes, shall be consulted for development
proposals that affect anadromous fish, shellfish, marine birds, and other shoreline resources;
(3) Areas that are subject to commercial timber harvest pursuant to the Forest Practices Act and
RCW 90.58.150 should be reforested as soon as possible and in accordance with the Forest
Practices Act and the Forest and Fish Report;
(4) Uses that are sustainable, that do not deplete natural resources, and that are compatible with
other approved uses shall be preferred over uses that do not have these qualities;
(5) Uses that provide long-term benefits shall be preferred over uses that provide only short-term
gains;
(6) Uses that preserve aesthetic qualities shall be preferred over uses that impact aesthetic qualities;
(7) Uses that require a shoreline location shall be preferred over non-water-related uses. Non-water-
related uses should be located outside the shoreline jurisdiction or in areas where they will not
interfere with or displace preferred uses or public access;
(8) Commercial shellfish beds, areas that support recreation and tourism, and other economic
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resources of statewide importance shall be protected;
(9) Uses that have the potential to cause significant erosion and sedimentation due to excavation,
land clearing, or other activities shall be strictly regulated to prevent adverse impacts to shoreline
functions and processes;
(10) All public access and recreation use and development shall be designed to protect the ecological
resources upon which such activities depend; and
(11) Public and private development shall be encouraged to provide trails, viewpoints, water access
points and water-related recreation opportunities where conditions are appropriate for such uses.
[Ord. 7-13 Exh. A (Art. V § 3)]
Article VI. General Policies and Regulations
18.25.260 Applicability.
The policies and regulations in this article apply to all uses and developments in all shoreline
environments. The policies and regulations are not listed in order of priority. These policies and
regulations:
(1) Help to implement the master program goals in Article III of this chapter; and
(2) Are informed by the governing principles in Article I of this chapter; and
(3) Work in concert with all the other policies and regulations contained in this program; and
(4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VI)]
18.25.270 Critical areas, shoreline buffers, and ecological protection.
(1) Policies.
(a) All shoreline use and development should be carried out in a manner that avoids and
minimizes adverse impacts on the shoreline environment. Uses and developments that may
cause the future ecological condition to become worse than current condition should not be
allowed. Use and development in areas that are ecologically valuable, hazardous, and/or
possess rare or fragile natural features should be discouraged.
(b) In assessing the potential for new uses and developments to cause adverse impacts, the
county should take into account all of the following:
(i) Effects on ecological functions and ecosystem processes; and
(ii) Effects that occur on site and effects that may occur off site; and
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(iii) Immediate effects and long-term effects; and
(iv) Direct effects of the project and indirect effects; and
(v) Individual effects of the project and the incremental or cumulative effects resulting from
the project added to other past, present, and reasonably foreseeable future actions; and
(vi) Compensatory mitigation actions that offset adverse impacts of the development action
and/or use.
(c) The county should recognize and honor buffers and setbacks established by existing plats,
preliminary plats, issued permits, binding site plans (BSPs) and site plan approval advance
determinations (SPAADs), and by development agreements that are consistent with Chapter
36.70B RCW.
(d) The county should work with other local, state, and federal regulatory agencies and resource
management agencies to ensure that mitigation actions carried out in support of this program are
likely to be successful and achieve beneficial ecological outcomes. This includes assisting
applicants/proponents in planning, designing and implementing mitigation.
(e) Single-family residential development on nonconforming lots should not substantially impair
the view of the adjacent residences.
(2) Regulations – No Net Loss and Mitigation.
(a) All shoreline use and development, including preferred uses and uses that are exempt from
permit requirements, shall be located, designed, constructed, conducted, and maintained in a
manner that maintains shoreline ecological processes and functions.
(b) Uses and developments that cause a net loss of ecological functions and processes shall be
prohibited. Any use or development that causes the future ecological condition to become worse
than current condition shall be prohibited.
(c) Proponents of new shoreline use and development shall employ measures to mitigate
adverse impacts on shoreline functions and processes.
(d) Mitigation shall include the following actions in order of priority:
(i) Avoiding the impact altogether by not taking a certain action or parts of an action;
(ii) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
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(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(iv) Reducing or eliminating the impact over time by preservation and maintenance
operations;
(v) Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments;
(vi) Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
(e) Mitigation actions shall not have a significant adverse impact on other shoreline uses
fostered by the policies of the Shoreline Management Act.
(f) When compensatory mitigation measures are required, all of the following shall apply:
(i) The quality and quantity of the replaced, enhanced, or substituted resources shall be the
same or better than the affected resources; and
(ii) The mitigation site and associated vegetative planting shall be nurtured and maintained
such that healthy native plant communities can grow and mature over time; and
(iii) The mitigation shall be informed by pertinent scientific and technical studies, including
but not limited to the Shoreline Inventory and Characterization Report (Final – Revised
November 2008), the Shoreline Restoration Plan (Final October 2008) and other background
studies prepared in support of this program; and
(iv) The mitigation shall replace the functions as quickly as possible following the impacts to
ensure no net loss; and
(v) The mitigation activity shall be monitored and maintained to ensure that it achieves its
intended functions and values. The monitoring timeframes shall be consistent with JCC
18.22.350(3)(h).
(vi) The county shall require the applicant/proponent to post a bond or provide other
financial surety equal to the estimated cost of the mitigation in order to ensure the mitigation
is carried out successfully. The bond/surety shall be refunded to the applicant/proponent
upon completion of the mitigation activity and any required monitoring.
(g) To encourage shoreline property owners to remove bulkheads and perform other beneficial
shoreline restoration actions in advance of shoreline development or redevelopment, the county
may give mitigation credit to any beneficial restoration action that occurred within five years of
the proposed development/redevelopment activity; provided, that:
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(i) The applicant/property owner can provide conclusive evidence of the pre- and post-
restoration conditions using photographs, reports, plans, affidavits, or similar evidence;
(ii) The county can confirm via site inspection, photographs, affidavits or other evidence that
the restoration actions have improved shoreline conditions; and
(iii) The applicant/property owner provides assurances that the restoration area will be
maintained in perpetuity. The assurance can be in the form of a notice on title, conservation
easement, or similar mechanism.
(h) Compensatory mitigation measures shall occur in the vicinity of the impact or at an
alternative location within the same watershed or appropriate section of marine shoreline (e.g.,
reach or drift cell) that provides greater and more sustainable ecological benefits. When
determining whether off-site mitigation provides greater and more sustainable benefits, the
county shall consider limiting factors, critical habitat needs, and other factors identified by the
locally adopted shoreline restoration plan (October 2008 or as updated), or an approved
watershed or comprehensive resource management plan. The county may also approve use of
alternative mitigation practices such as in-lieu fee programs, mitigation banks, and other similar
approaches, provided they have been approved and sanctioned by the Department of Ecology,
the Puget Sound Partnership, the Department of Fish and Wildlife or the Army Corps of
Engineers.
(i) Land that is constrained by critical areas and/or buffers shall not be subdivided to create
parcels that are only buildable through a shoreline variance or would be considered
nonconforming.
(3) Regulations – Cumulative Impacts.
(a) The county shall consider the cumulative impacts of individual uses and developments,
including preferred uses and uses that are exempt from permit requirements, when determining
whether a proposed use or development could cause a net loss of ecological functions.
(b) The county shall have the authority to require the applicant/proponent to prepare special
studies, assessments and analyses as necessary to identify and address cumulative impacts
including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics,
and other shoreline attributes.
(c) Proponents of shoreline use and development shall take the following factors into account
when assessing cumulative impacts:
(i) Current ecological functions and human factors influencing shoreline natural processes;
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and
(ii) Reasonably foreseeable future use and development of the shoreline; and
(iii) Beneficial effects of any established regulatory programs under other local, state, and
federal laws; and
(iv) Mitigation measures implemented in conjunction with the proposed project to avoid,
reduce and/or compensate for adverse impacts.
(d) The county shall prohibit any use or development that will result in unmitigated cumulative
impacts.
(4) Regulations – Critical Areas and Shoreline Buffers.
(a) Critical areas provisions of Chapter 18.22 JCC, dated March 17, 2008 (Ordinance No. 03-
0317-08), and further amended in May 2009 (Ordinance No. 06-0511-09), and August 2010
(Ordinance No. 04-0809-10) are incorporated by reference; however, the following exceptions
shall prevail for actions occurring within shoreline jurisdiction:
(i) All provisions listed in subsections (4)(b) through (l) and (5)(a) through (d) of this section
(e.g., building setback, buffers, CASPs, reasonable use, nonconforming lots, water-oriented
use/development) and provisions found in JCC 18.25.660 (i.e., nonconforming
development), shall be governed by this program and not Chapter 18.22 JCC; and
(ii) Sections of Chapter 18.22 JCC, Article II of this chapter and other sections of JCC Title
18 regarding permit process, administrative, nonconforming use, appeal, and enforcement
provisions within shoreline jurisdiction shall be governed by this program and not Chapter
18.22 JCC.
(b) In the event development or performance standards in Chapter 18.22 JCC are inconsistent
with standards and requirements in this program, this program shall govern.
(c) Unless otherwise specified in this program, a buffer zone shall be established landward of all
shorelines of the state to protect and maintain ecological functions and processes and to
minimize risks to human health and safety. All buffers shall be maintained in a predominantly
natural, undisturbed, undeveloped, and vegetated condition. Buffers shall not extend across
lawfully established paved roads or hardened surfaces to include areas which are functionally
isolated from the shoreline or critical area.
(d) Building Setback. As established in Chapter 18.22 JCC, all new uses and developments,
including preferred uses and uses exempt from shoreline permit requirements, shall be located
landward of the standard buffer plus a 10-foot-wide building setback unless otherwise specified
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in this program.
(e) Standard Buffer. The standard buffer shall be measured landward in a horizontal direction
perpendicular to the ordinary high water mark (OHWM) of the shoreline water body, and is a
three dimensional space that includes the airspace above, as follows:
(i) Marine Shores. A minimum buffer of 150 feet shall be maintained in all shoreline
environments.
(ii) Lake Shores. A minimum buffer of 100 feet shall be maintained in all shoreline
environments.
(iii) Stream/River Shores. A minimum buffer of 150 feet shall be maintained in all shoreline
environments.
(f) The county shall recognize and apply a buffer or setback established by an existing plat,
preliminary plat, issued permit, binding site plan (BSP), site plan approval advance determination
(SPAAD), or a development agreement that is consistent with Chapter 36.70B RCW.
(g) Multiple Buffers. In the event that buffers for any shorelines and/or critical areas are
contiguous or overlapping, the landward-most edge of all such buffers and setbacks shall apply.
(h) Buffer Condition. The area within a required shoreline buffer shall be kept in a sufficiently
vegetated condition so as to ensure it protects and maintains the existing ecological functions.
Existing native vegetation shall be retained, and planting of native vegetation is preferred.
(i) Buffer Usage. When located to avoid areas of noted sensitivity and habitat, an area shall be
permitted for “active use” within an approved buffer, provided the area does not exceed 20
percent of the required buffer area or is configured to span at least 15 linear feet of the water
frontage, whichever is greater. This regulation shall not apply retroactively to existing uses
except when new use or development is proposed.
(j) Buffer Reduction or Averaging. Proposals that request a decrease in the standard shoreline
buffer of this program shall not require a shoreline variance if all of the approval criteria in JCC
18.22.270(6) and (7) are met. All other shoreline buffer reduction or shoreline buffer averaging
proposals shall require a shoreline variance.
(k) Increased Buffers. An increase in buffer width shall be required upon determination that the
development would be:
(i) Susceptible to severe erosion resulting in adverse impacts to the shoreline; or
(ii) Susceptible to health and safety risks caused by stream or river channel migration; or
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(iii) Susceptible to health and safety risks caused by flooding – from sea, river/stream; or
(iv) On steeply sloped (greater than 25 percent) land adjacent to the ordinary high water
mark.
(l) Alternative Protection via Critical Areas Stewardship Plans (CASPs). If a proponent of a
shoreline use or development proposes to modify the buffer width requirement of an SMA-
regulated waterbody using the CASP standards described in Article IX of Chapter 18.22 JCC,
such buffer modification shall require a shoreline variance. If the proposed CASP buffer
modification is for a wetland or habitat conservation area that is physically separated from the
SMA-regulated waterbody, no shoreline variance shall be required.
(5) Regulations – Exceptions to Critical Area and Shoreline Buffer Standards.
(a) Nonconforming Lots – Development Allowed without a Variance (Modest Home Provision).
New single-family development on any legal lot in shoreline jurisdiction that is nonconforming
with respect to the required buffer standards may be allowed without a shoreline variance when:
(i) The depth of the lot (distance from the ordinary high water mark to the inside edge of the
frontage setback) is equal to or less than the standard shoreline buffer as indicated in
subsection (4)(e) of this section; and
(ii) The building area lying landward of the shoreline buffer and interior to required sideyard
setbacks is not more than 2,500 square feet and the driveway is not more than 1,100 square
feet. The building area means the entire area that will be disturbed to construct the home,
normal appurtenances (except drainfields), and landscaping; and
(iii) All single-family residences approved under this section shall not extend waterward of
the common-line buffer; and
(iv) Appropriate measures are taken to mitigate all adverse impacts, including using low
impact development measures such as pervious pavement for driveways and other hard
surfaces; and
(v) Opportunities to vary the side yard and/or frontage setbacks are implemented to reduce
the nonconformity when doing so will not create a hazardous condition or a condition that is
inconsistent with this program and Chapter 18.30 JCC; and
(vi) The residence is located in the least environmentally damaging location relative to the
shoreline and any critical areas; and
(vii) There is no opportunity to consolidate lots under common ownership that will alleviate
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the nonconformity; and
(viii) The lot is not subject to geologic hazards; and
(ix) All structures are as far landward as possible and not closer than 30 feet from the
ordinary high water mark; and
(x) At least 80 percent of the buffer area between the structures and the shoreline and/or
critical area is maintained in a naturally vegetated condition.
(b) Nonconforming Lots – Common Line Buffer. For the purpose of accommodating shoreline
views to be adequate and comparable to adjacent residences, but not necessarily equivalent, the
administrator may reduce the standard buffer for a new single-family residence on
nonconforming lots consistent with the following criteria:
(i) The proposed residence must be located within 300 feet of an adjacent legally
established single-family residential primary structure constructed prior to adoption of this
program that encroaches on the standard buffer. The mere presence of nearby shacks,
sheds or dilapidated buildings does not constitute the existence of a residence, nor can
such structures be used to determine a common line buffer. The nearest corners of the
adjacent residences are those closest to the side-yard property line of the proposed
residence.
(ii) Existing Homes on Both Sides. Where there are existing residences adjacent on both
sides of the proposed residence, the buffer shall be determined as the greater of either (A) a
common line drawn between the nearest corners of each adjacent residence (see Figure
18.25.270(1)), or (B) a common line calculated by the average of both adjacent residences’
existing setbacks (i.e., (y+z)/2=x buffer; see Figure 18.25.270(2)).
(iii) Existing Home on One Side. Where there is only one existing residence adjacent to the
proposed residence, the common line buffer shall be determined as the greater of either (A)
a common line drawn between nearest corner of the foundation for the adjacent residence
and the nearest point of the standard buffer on the adjacent vacant lot (see Figure
18.25.270(3)), or (B) a common line calculated by the average of the adjacent residence’s
setback and the standard buffer for the adjacent vacant lot (i.e., (y+z)/2=x buffer; see
Figure 18.25.270(4)).
(iv) Figures 18.25.270(1) through (4) illustrate examples of the common line buffer
allowance. When discrepancy between the text and the graphic exists, the text shall govern.
Graphics are for illustration only, buffer shall be measured perpendicularly from the ordinary
high water mark as per this section.
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Figures 18.25.270(1) – (4)
Figure 18.25.270(1)
Figure 18.25.270(2)
Figure 18.25.270(3)
Figure 18.25.270(4)
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(c) Nonconforming Lots – Development Requiring a Variance. Development on nonconforming
lots that do not meet the requirements of subsection (5)(a) or (b) of this section require a
shoreline variance.
(d) Water-Oriented Uses/Development. When otherwise consistent with this program and
Chapter 18.22 JCC, the following water-oriented uses/developments may be permitted within a
shoreline buffer without a shoreline variance. The amount and extent of buffer modification shall
be the minimum needed to accommodate the allowed use/development. This allowance for
water-oriented uses/developments within shoreline buffers without a shoreline variance may
apply to the primary use and/or to the following accessory uses/structures:
(i) Primary uses and structures that meet the definition of a water-dependent or water-
related use/development as defined in Article II of this chapter.
(ii) Boating facilities accessory to a single-family residential development including rails,
docks, piers and floats;
(iii) Boathouses accessory to a single-family residential development; provided, that all of
the following are met:
(A) The boathouse is used to store watercraft and shall not be used as or converted to
a dwelling unit. The county shall require a notice on title indicating such; and
(B) The boathouse has a maximum footprint of 300 square feet and a maximum height
of 15 feet above average grade; and
(C) The primary doorway/entryway faces the water; and
(D) The structure is located entirely landward of the ordinary high water mark.
(iv) Public or private beach access structures accessory to residential, commercial,
industrial, port or other allowed uses/development; and
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(v) Public access structures, including but not limited to docks, piers, floats; and
(vi) Certain utilities and essential public facilities as specified in JCC 18.25.530. [Ord. 7-13
Exh. A (Art. VI § 1)]
18.25.280 Historic, archaeological, cultural, scientific and educational resources.
(1) Policies.
(a) Historic, archaeological, cultural, scientific and educational (HACSE) sites and resources
should be protected, preserved, and where possible, restored. All use and development on sites
containing HACSE resources should be planned and carried out so as to prevent adverse
impacts to the resource(s).
(b) To prevent adverse impacts on HACSE resources, proponents of all new shoreline use and
development should consult the county department of community development prior to beginning
any project or activity.
(c) Tribal, federal, state, educational institutions and local governments should cooperate to
maintain an inventory of all known significant local HACSE sites and resources.
(d) The location of historic, cultural and/or archaeological sites/resources should not be
disclosed to the general public, consistent with applicable state and federal laws.
(e) When HACSE sites/resources occur on public lands they should be accessible to the public
and used for research or educational purposes consistent with the public access provisions of
this program and applicable tribal access policies. Private owners of HACSE sites/resources are
encouraged to provide access and educational opportunities when appropriate.
(f) If development is proposed adjacent to an identified HACSE site/resource, then the proposed
development should be designed and operated so as to be compatible with continued protection
of the site/resource.
(2) Regulations – General Regulations.
(a) Proponents of new shoreline use and development, including preferred uses and uses
exempt from permit requirements, shall:
(i) Preserve and protect historic, archaeological and cultural resources that are recorded by
the Washington State Department of Archaeology and Historic Preservation and resources
that are inadvertently discovered during use or development activities; and
(ii) Consult the county department of community development, the Washington State
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Department of Archaeology and Historic Preservation, affected tribes, and/or other
appropriate agencies prior to beginning development so there is ample time to assess the
site and make arrangements to preserve historical, cultural and archaeological resources;
and
(iii) Comply with all state and federal regulations pertaining to archaeological sites.
(b) All feasible means shall be employed to ensure that data, structures, and sites having
historical, archaeological, cultural, scientific, or educational significance are preserved,
extracted, or used in a manner commensurate with their importance.
(c) Excavations for archaeological investigations or data recovery may be permitted subject to
the provisions of this program.
(d) The county shall prohibit any use or development that poses a threat to a HACSE resource.
Alternatively the county shall require the development to be postponed to allow for:
(i) Coordination with potentially affected tribes and/or the State Department of Archaeology
and Historic Preservation; and/or
(ii) Investigation of public acquisition potential; and/or
(iii) Retrieval and preservation of significant artifacts.
(3) Regulations – Procedural Requirements.
(a) When the county receives a permit application or request for a statement of exemption for
development on a property within 500 feet of a known or probable historic, archaeological, or
cultural site, the county shall:
(i) Notify and inform affected tribes and agencies such as the State Department of
Archaeology and Historic Preservation of the proposed activity including timing, location,
scope, and resources affected; and
(ii) Require the applicant to provide a cultural resource site assessment prior to
development unless the administrator determines that the proposed development activities
do not include any ground disturbing activities and will not impact a known HACSE
site/resource.
(b) If a cultural resource site assessment identifies the presence of significant historic or
archaeological resources, a cultural resource management plan (CRMP) shall be required. The
plan shall include:
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(i) An analysis of actions to be taken by the property owner, developer, archaeologist, or
historic preservation professional, in the event that an inadvertent discovery of historic,
archaeological, or cultural sites or artifacts occurs during site development; and
(ii) An explanation of why the proposed activity requires a location on, or access across
and/or through, a significant historic or archaeological resource; and
(iii) A description of the historic/archaeological resources affected by the proposal; and
(iv) An assessment of the historic/archaeological resource and an analysis of the potential
adverse impacts as a result of the activity; and
(v) Recommended measures to prevent adverse impacts; and
(vi) Comments from the Washington State Department of Archaeology and Historic
Preservation, and affected tribes.
(c) Site assessments and CRMPs required by this section shall be prepared by a professional
archaeologist or historic preservation professional, as applicable. The landowner or project
proponent shall be responsible for any professional service fees.
(d) The administrator may reject or request revision of the conclusions reached in a CRMP when
she/he can demonstrate that the assessment is inaccurate or does not fully address the
management concerns involved.
(e) Where public access is provided to any private or publicly owned building or structure of
historic, archaeological or cultural significance, a public access management plan shall be
developed in consultation with the Washington State Department of Archaeology and Historic
Preservation, affected tribes and/or other agencies, to address the following:
(i) The type and/or level of public access that is consistent with the long-term protection of
both historic resource values and shoreline ecological functions and processes; and
(ii) Types and location of interpretative signs, displays and other educational materials; and
(iii) Site- and resource-specific conditions, including hours of operation, interpretive and/or
directional signage, lighting, pedestrian access, and/or traffic and parking.
(f) If any phenomena of possible historic, archaeological and/or cultural interest are inadvertently
discovered during any new shoreline use or development, the proponent shall immediately stop
work and comply with all of the following:
(i) Notify the county department of community development, Washington State Department
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of Archaeology and Historic Preservation, affected tribes, and other appropriate agencies;
(ii) Prepare a site assessment pursuant to this section to determine the significance of the
discovery and the extent of damage to the resource;
(iii) Distribute the site assessment to the Washington State Department of Archaeology and
Historic Preservation and affected tribes for a 30-day review to determine the significance
of the discovery;
(iv) Maintain the work stoppage until the county determines that the site is considered
significant by the above listed agencies or governments, or if the above listed agencies or
governments have failed to respond within the applicable review period following receipt of
the site assessment; and
(v) Prepare a CRMP pursuant to this section if the county determines that the site is
significant.
(g) Upon inadvertent discovery of human remains, the county sheriff, coroner, and State
Department of Archaeology and Historic Preservation (DAHP) must be immediately notified.
(h) In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030
necessitate rapid action to retrieve or preserve historic, archaeological and/or cultural
resources, the project may be exempted from the requirement to obtain a permit. The county
shall notify the State Department of Ecology, the State Attorney General’s Office, potentially
affected tribes, and the State Department of Archaeology and Historic Preservation of such a
waiver within 30 days of such action. [Ord. 7-13 Exh. A (Art. VI § 2)]
18.25.290 Public access.
(1) Policies.
(a) Providing public access to public shorelines is a primary goal of the Shoreline Management
Act. Jefferson County actively supports public and private efforts making better use of existing
facilities/opportunities. Strategic efforts to find and fund new shoreline public access are
encouraged to meet increasing demands by a growing populace. Increasing all types of public
access is a priority for the county.
(b) The county should prepare a comprehensive shoreline public access plan in cooperation with
appropriate local, state, tribal and nongovernmental agencies/organizations, and the general
public.
(c) The county should work with appropriate agencies and individuals to acquire lands that can
provide physical access to public waters for public use.
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(d) Shoreline development by public entities, such as local governments, port districts, state
agencies, and public utility districts, should provide public access as part of each development
project, unless such access is shown to be incompatible with this program due to reasons of
safety, security, or adverse impacts to shoreline functions and processes.
(e) Shoreline development by private entities should provide public access when the
development would either generate a demand for one or more forms of such access, and/or
would impair existing legal access opportunities or rights.
(f) Single-family residential developments with four or fewer lots/units should not be required to
provide public access.
(g) Public health and safety concerns associated with public access sites should be adequately
mitigated and appropriate precautions taken to prevent adverse impacts on shoreline ecological
functions and/or processes.
(h) Efforts to implement the public access provisions of this section should be consistent with all
relevant constitutional and other legal limitations on regulation of private property.
(i) Public access requirements on privately owned lands should be commensurate with the scale
and character of the development and should be reasonable, effective and fair to all affected
parties including but not limited to the landowner and the public.
(j) Where feasible, providers of shoreline public access should:
(i) Locate and design public access improvements in a manner that is compatible with the
natural shoreline character and avoids adverse impacts to shoreline ecological functions
and processes; and
(ii) Ensure public access improvements and amenities are safe, respect individual privacy,
and avoid or minimize visual impacts from neighboring properties; and
(iii) Provide maps and orientation information to inform the public of the presence and
location of privately held tidelands, especially those adjacent to public access and
recreational areas; and
(iv) Incorporate programs, signage and informational kiosks into public access locations,
where appropriate, to enhance public education and appreciation of shoreline ecology and
areas of historical or cultural significance.
(2) Regulations.
(a) Single-family residential developments consisting of four or fewer residential lots or dwelling
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units shall not be required to provide public access.
(b) Opportunities to provide visual and/or physical public access shall be considered during the
review and conditioning of all proposed commercial and industrial shoreline developments and
residential developments involving more than four residential lots or dwelling units.
(c) Physical public access shall be incorporated into all development proposals on public lands,
all public and private commercial and industrial uses/developments, and all residential
subdivisions of greater than four lots unless the project proponent demonstrates that any of the
following conditions exist:
(i) Unavoidable public health or safety hazards exist and cannot be prevented through
reasonable means; or
(ii) The use/development has inherent security or cultural sensitivity requirements that
cannot be mitigated though reasonable design measures or other solutions; or
(iii) The cost of providing the access, easement or an alternative amenity is disproportionate
to the total long-term cost of the proposed development; or
(iv) The public access will cause unacceptable environmental impacts that cannot be
mitigated; or
(v) The access would create significant, undue, and unavoidable conflicts with adjacent
uses that cannot be mitigated.
(d) To be exempt from the public access requirements in subsection (2)(c) of this section, the
project proponent must demonstrate that all feasible alternatives have been considered,
including, but not necessarily limited to:
(i) Regulating access through means such as maintaining a gate and/or limiting hours of
use; and
(ii) Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges,
landscaping, etc.).
(e) When physical public access is deemed to be infeasible based on considerations listed in
subsection (2)(c) of this section, the proponent shall provide visual access to the shore or
provide physical access at an off-site location geographically separated from the proposed
use/developmental (e.g., a street end, vista, or trail system).
(f) Public access shall be located and designed to be compatible with the natural shoreline
character, to avoid adverse impacts to shoreline ecological functions and processes, and to
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ensure public safety.
(g) When otherwise consistent with this program, public access structures shall be exempt from
the shoreline buffer requirements of this program, meaning that such structures shall be allowed
to encroach into the shoreline buffer when necessary to provide physical and/or visual access to
the water’s edge.
(h) Public shoreline access provided by public road ends, public road rights-of-way, public
utilities and rights-of-way shall not be diminished by the county, neighboring property owners, or
other citizens, unless the property is zoned for industrial uses in accordance with RCW
36.87.130.
(i) Public access sites shall be directly connected to the nearest public street and shall include
improvements that conform to the requirements of the Americans with Disabilities Act (ADA)
when feasible and appropriate.
(j) Opportunities for boat-in public access and access to primitive shorelines not accessible by
automobile shall be provided where feasible and appropriate.
(k) When required for public land, commercial, port or industrial use/development as per
subsections (2)(b) and (c) of this section, public access sites shall be fully developed and
available for public use prior to final occupancy of such use or development.
(l) Public access easements and permit conditions shall be recorded on the deed of title and/or
the face of a short or long plat as a condition running, at a minimum, for a period
contemporaneous with the duration of the authorized land use. Recordation shall occur at the
time of final plat approval or prior to final occupancy.
(m) The location of new public access sites shall be clearly identified. Signs with the appropriate
agency’s logo shall be constructed, installed and maintained by the project proponent in
conspicuous locations at public access sites and/or along common routes to public access
sites. The signs shall indicate the public’s right of access, the hours of access, and other
information as needed to control or limit access according to conditions of approval. [Ord. 7-13
Exh. A (Art. VI § 3)]
18.25.300 Shoreline setbacks and height.
(1) Policies.
(a) Standards for density, setbacks, height, and other provisions should ensure no net loss of
shoreline ecological functions and/or processes and preserve the existing character of the
shoreline consistent with the purpose of the applicable shoreline environment designation.
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(b) Proponents of a development on no-bank or low bank marine shorelines are encouraged to
locate the bottom of a structure’s foundation higher than the level of expected future sea-level
rise.
(2) Regulations.
(a) A building setback of 10 feet shall be established on the landward edge of the shoreline
buffers required by this program.
(b) Sideyard setbacks shall be measured from all property lines that intersect the shoreline side
of a lot or tract. Five feet of the total required sideyard setbacks may be provided on one side
and the balance on the other side.
(c) Pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building or
structure more than 35 feet above average grade level when such a height will obstruct the view
of a substantial number of residences on or adjoining such shorelines. Height is measured
according to the definition in Article II of this chapter. The project proponent shall be responsible
for providing sufficient information to the administrator to determine that such development will
not obstruct views as described.
(d) Power poles and transmission towers associated with allowed uses and developments are
not subject to height limits but shall not be higher than necessary to achieve the intended
purpose. [Ord. 7-13 Exh. A (Art. VI § 4)]
18.25.310 Vegetation conservation.
(1) Policies.
(a) Maintaining native shoreline vegetation is an important goal of this program. The policies and
regulations of this section are intended to ensure well-vegetated, stable shorelines that provide
habitat and other ecological benefits and resemble natural, unaltered shorelines.
(b) New uses and/or developments should be designed to preserve native shoreline vegetation to
maintain shoreline ecological functions and processes and prevent direct, indirect and/or
cumulative impacts of shoreline development.
(c) New uses and/or developments should establish native shoreline vegetation such that the
composition, structure, and density of the plant community resemble a natural, unaltered
shoreline as much as possible.
(d) Maintaining well-vegetated shorelines is preferred over clearing vegetation to create views or
provide lawns. Limited and selective clearing for views and lawns may be allowed when slope
stability and ecological functions are not compromised, but landowners should not assume that
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an unobstructed view of the water is guaranteed. Trimming and pruning are generally preferred
over removal of native vegetation. Property owners are strongly encouraged to avoid or minimize
the use of fertilizers, herbicides and pesticides.
(e) Shoreline landowners are encouraged to preserve and enhance native woody vegetation and
native groundcovers to stabilize soils and provide habitat. Maintaining native plant communities
is preferred over nonnative ornamental plantings because native plants have greater ecological
value. Nonnative vegetation that requires use of fertilizers, herbicides and/or pesticides is
discouraged.
(f) Prior to granting a shoreline permit or determining that a proposed use/development is exempt
from permitting, the county should evaluate site plans to determine the extent to which the
vegetation is conserved. As needed, the county may require special reports regarding vegetation
and shall condition approval of new developments to ensure the following:
(i) Native plant communities on marine, river, and lake shorelines are preserved; and
(ii) Overhanging trees along shorelines are kept intact to provide shading and other
ecological functions; and
(iii) Established areas of native plants are preserved to maintain slope stability and prevent
surface erosion; and
(iv) Structures and associated development are placed in areas that avoid disturbance of
established native plants, especially trees and shrubs; and
(v) Clearing and grading near bluff edges and other erosion- or landslide-prone areas are
minimized to prevent slope instability; and
(vi) Shoreline development proposals should incorporate provisions for removing invasive or
nonnative species and planting native species when doing so would improve ecological
functions and processes.
(2) Regulations.
(a) Unless otherwise specified, all shoreline use and development, including preferred uses and
uses exempt from permit requirements, shall comply with the buffer provisions of this program
and Chapter 18.22 JCC to protect and maintain shoreline vegetation.
(b) Proponents of all new shoreline uses or developments shall demonstrate that site designs
and layouts are consistent with the policies of this section to ensure shoreline functions, values,
and processes are maintained and preserved. A shoreline permit or written statement of
exemption shall not mandate, nor guarantee, unobstructed horizontal or lateral visibility of the
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water, shoreline or any specific feature near or far.
(c) View Maintenance. Proponents of all new shoreline uses or developments shall use all
feasible techniques to maximize retention of existing native shoreline vegetation while allowing
for shoreline views.
(i) Vegetation Trimming. Techniques shall include selective pruning, windowing and other
measures that preserve native plant composition and structure. No more than 25 percent of
a single tree’s leaf bearing crown may be removed and no more than 25 percent of the
canopy cover of any stand of trees may be removed for view preservation. If additional
trimming is requested in subsequent years, the cumulative removal may not exceed 25
percent. Limbing or crown thinning shall comply with Tree Care Industry Association pruning
standards, unless the tree is a hazard tree as defined by this program. Tree topping is
prohibited when main stem/trunk is over three inches diameter at breast height (DBH).
(ii) Vegetation Removal. All vegetation removal within the buffer area must comply with JCC
18.25.270(4)(h). In no instance shall vegetation removal exceed 20 percent of the required
buffer area or 15 linear feet of the water frontage, whichever is greater. Outside the buffer,
vegetation removal shall be the minimum necessary for maintaining shoreline views from
the primary structure and to provide lawns or ground cover, and must comply with other
applicable requirements such as clearing and grading, forest practices, and protection
standards for fish and wildlife habitat.
(iii) The administrator may deny a request or condition approval of vegetation management
proposals for view maintenance if it is determined the action will result in an adverse effect
to any of the following:
(A) Slope stability;
(B) Habitat value;
(C) Health of surrounding vegetation;
(D) Risk of wind damage to surrounding vegetation;
(E) Nearby surface or ground water; or
(F) Water quality of a nearby water body.
(d) Proponents of all new shoreline uses or developments shall maintain existing native shoreline
vegetation to the maximum extent practicable, except that the following activities shall be
exempt from this requirement:
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(i) Existing and ongoing agricultural activities on agricultural lands enrolled in the open
space tax program for agriculture or on lands designated as agricultural lands of long-term
commercial significance on the official map of Comprehensive Plan land use designations;
(ii) Buffer enhancement by removal of noxious weeds, based on consultation with the
Jefferson County noxious weed board, and/or planting native vegetation;
(iii) Maintenance of existing residential landscaping, such as lawns and gardens, pursuant
to JCC 18.22.070(13);
(iv) Maintenance trimming of the limbs or branches on a tree or shrub that has a main stem
less than three inches in diameter at breast height (DBH);
(v) Construction of pervious surface trails for nonmotorized use, provided the trail is no
wider than five feet and the vegetation trimming is limited to five feet on either side of the
trail except where an arborist report indicates that additional vegetation trimming or removal
is required for safety reasons;
(vi) Harvest of wild crops that does not significantly affect the viability of the wild crop, or
adversely affect shoreline functions of the area;
(vii) Removal of a hazard tree, as defined in Article II of this chapter, where trimming is not
sufficient to address the hazard. In such cases, the downed tree shall be retained on site to
provide wildlife habitat and enhance in-stream or marine habitat if present. The location of
retained materials placed on site shall reflect firewise program guidance for defensible
space and fire safety. Where not immediately apparent to the administrator, the hazard tree
determination shall be made after review of a report prepared by an arborist or forester.
(e) The county may impose conditions on new shoreline use and/or development as needed to
prevent the introduction and spread of aquatic weeds. Aquatic weed removal and disposal shall
occur in a manner that minimizes and mitigates adverse impacts to native plant communities
and shoreline ecological functions.
(f) When restoring or enhancing shoreline vegetation, proponents shall use native species
approved by the county that are of a similar diversity, density, and type to that occurring in the
general vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and
maintained to ensure establishment of a healthy and sustainable native plant community over
time.
(g) The vegetation conservation regulations of this program do not apply to commercial forest
practices as defined by Article II of this chapter when such activities are covered under the
Washington State Forest Practices Act (Chapter 76.09 RCW). Where such activities are
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associated with a conversion of forest lands to other uses or other forest practice activities, the
vegetation conservation requirements shall apply.
(h) Vegetation conservation standards shall not apply retroactively to existing uses and
developments, although property owners are strongly encouraged to voluntarily improve
shoreline vegetation conditions over the long term.
(i) Vegetative debris shall be properly managed by mulching/leaving in place as habitat and soil
amendment, composting on-site, or removing and disposing of off-site. The dumping of
vegetative debris, including grass clippings and yard waste, in shoreline areas is strongly
discouraged, especially when slope stability and water quality would be threatened.
(j) Vegetative debris in the buffer that creates a fire hazard to existing structures may be
reduced by chipping if the chipped material is returned to the original location. Fallen tree trunks
may not be removed or chipped. [Ord. 7-13 Exh. A (Art. VI § 5)]
18.25.320 Water quality and quantity.
(1) Policies.
(a) The location, construction, operation, and maintenance of all shoreline uses and
developments should maintain or enhance the quantity and quality of surface and ground water
over the long term.
(b) Shoreline use and development should minimize, through effective education, site planning
and maintenance, the need for chemical fertilizers, pesticides, herbicides or other similar
chemical treatments that could contaminate surface or ground water or cause adverse effects on
shoreline ecological functions and values.
(c) Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be
provided and maintained in a manner that avoids the need for chemical treatment.
(d) Potential adverse effects of agricultural activities on water quality should be minimized by
implementing best management practices, buffers and other appropriate measures.
(e) Effective erosion control and water-runoff treatment methods should be provided for all
shoreline development and use in accordance with JCC 18.30.070.
(f) Encourage pervious materials and other appropriate low impact development techniques
where soils and geologic conditions are suitable and where such practices could reduce
stormwater runoff.
(2) Regulations.
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(a) All shoreline uses and activities shall use effective erosion control methods during both
project construction and operation. At a minimum, effective erosion control methods shall require
compliance with the current edition of the Department of Ecology’s Stormwater Management
Manual, NPDES General Permit requirements, and the stormwater management provisions of
JCC 18.30.070.
(b) To avoid water quality degradation by malfunctioning or failing septic systems located within
shoreline jurisdiction, on-site sewage systems shall be located and designed to meet all
applicable water quality, utility, and health standards.
(c) All materials that may come in contact with water shall be composed of nontoxic materials,
such as wood, concrete, approved plastic composites or steel, that will not adversely affect
water quality or aquatic plants or animals. Materials used for decking or other structural
components shall be approved by applicable state agencies for contact with water to avoid
discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper
chromium arsenate or pentachlorophenol is prohibited in shoreline water bodies.
(d) Solid and liquid wastes and untreated effluents shall not be allowed to enter any ground water
or surface water or to be discharged onto land. The release of oil, chemicals, genetically
modified organisms or hazardous materials onto land or into the water is prohibited. [Ord. 7-13
Exh. A (Art. VI § 6)]
Article VII. Shoreline Modifications Policies and Regulations
18.25.330 Applicability – Purpose.
The policies and regulations in this article apply to all types of shoreline modification, with specific
standards defined for each shoreline environment. They are not listed in order of priority. These
policies and regulations:
(1) Help to implement the master program goals in Article III of this chapter; and
(2) Are informed by the guiding principles in Article I of this chapter; and
(3) Work in concert with all the other policies and regulations contained in this program; and
(4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VII)]
18.25.340 Beach access structures.
(1) Policies.
(a) Beach access structures, as defined in Article II of this chapter, should be located, designed
and maintained in a manner that minimizes adverse effects on shoreline ecology.
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(b) Jefferson County recognizes a balance has to be found between enabling pedestrian access
to beach areas and protecting fragile shoreline ecosystems.
(c) Neighboring property owners are encouraged to combine resources to collectively propose
beach access structures in appropriate locations for shared use.
(d) Beach access structures should not be permitted until and unless their adverse effects on
stream, lake or marine shoreline functions and processes, including any significant adverse
effects on adjoining lands and properties, are fully evaluated and mitigated. All proposals for
structures that link upland areas with adjacent beaches shall be carefully evaluated by the
criteria and regulations in this section.
(e) Beach access structures may not be appropriate in some areas because of safety hazards or
sensitive ecological conditions. The county should not permit these structures in areas where
there are expected risks to human health and safety or adverse effects on shoreline functions
and processes. Some properties will have view-only access to the neighboring waters.
(f) Beach access structures should conform to the existing topography, minimize adverse
impacts on shoreline aesthetics, and minimize clearing and grading to the maximum extent
feasible.
(g) Beach access structures should not be allowed if there is a reasonable likelihood that they
will require erosion control structures or armoring in the future.
(h) Beach access structures should be designed to minimize the amount of clearing, grading,
excavation, and other forms of shoreline alteration so that they don’t require substantial bank or
slope modifications.
(i) Beach access structures should only be allowed where it provides access to a publicly owned
beach or where the same party owns both the uplands and adjoining tidelands or an easement is
granted by the tideland owner to the upland owner for access.
(2) Uses and Activities Prohibited Outright. Beach access structures shall be prohibited from marine
feeder bluffs in all environment designations.
(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Public beach access structures may be permitted as a conditional use,
provided they are associated with a water-dependent use that includes public access to the
shoreline, and provided they are consistent with policies and regulations of this program and are
allowed in the adjoining upland designation. Private beach access structures accessory to
single-family residential development shall be prohibited.
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(b) Aquatic. Public beach access structures may be permitted as a conditional use, provided
they are associated with a water-dependent use that includes public access to the shoreline, and
provided they are consistent with policies and regulations of this program in the adjoining upland
designation. Private beach access structures accessory to single-family residential development
may be permitted as a conditional use when they are allowed in the adjoining upland designation.
(c) Natural. Public beach access structures may be permitted as a conditional use, provided
they are associated with a water-dependent use that includes public access to the shoreline, and
provided they are consistent with policies and regulations of this program. Private beach access
structures accessory to single-family residential development shall be prohibited.
(d) Conservancy. Public and private beach access structures may be permitted as a conditional
use, provided they are consistent with the provisions of this program.
(e) Shoreline Residential. Public and private beach access structures may be permitted as a
conditional use, provided they are consistent with the provisions of this program.
(f) High Intensity. Public and private beach access structures may be permitted as a conditional
use, provided they are consistent with the provisions of this program.
(4) Regulations.
(a) Beach access structures may be permitted only when consistent with the provisions of this
program.
(b) Public beach access structures shall be subject to this section, JCC 18.25.290 (Public
access) of this program, and conform to Americans with Disabilities Act (ADA) standards.
(c) When permitted, beach access structures shall be located, designed and operated to avoid
critical areas and prevent a net loss of shoreline ecological functions or processes, including,
but not limited to:
(i) Habitat;
(ii) Slope stability;
(iii) Sediment transport; and
(iv) Water quality.
(d) The county shall have the authority to require specific design standards based on the
configuration of the site including existing topography, vegetation, soils, drainage and other
factors.
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(e) When allowed, beach access structures may be located within the shoreline buffer; provided,
that:
(i) The clear width of any walkway, staircase, tower or tram shall be at least three feet, and
not exceed five feet; and
(ii) The structure shall not extend more than 12 vertical feet above the bank or slope; and
(iii) There is no other available public beach access within 500 feet of the proposed access
site.
(f) No portion of a beach access structure shall be constructed waterward of the ordinary high
water mark unless there is no other feasible alternative.
(g) When in-water or over-water construction is allowed in accordance with this section it shall
be limited to a small pier or pile-supported pedestrian landing platform of 25 square feet or less
that is otherwise consistent with the provisions of this program.
(h) New residential subdivisions of more than four units or lots shall include a restriction on the
face of the plat prohibiting individual beach access structures. Shared access structures may be
permitted in these subdivisions when consistent with the provisions of this program.
(i) Existing lawfully constructed nonconforming beach access structures may be repaired or
replaced in kind as a nonconforming use as consistent with other provisions of this program.
(j) Beach access structures shall be prohibited if any of the following apply:
(i) The structure would adversely impact a critical area or marine feeder bluff, or increase
landslide or erosion hazards; or
(ii) The structure is likely to interfere with natural erosion and accretion processes; or
(iii) The bank slope where the structure is placed is likely to require shoreline
stabilization/shoreline defense works in the future; or
(iv) Substantial bank or slope modification is required.
(k) Prior to approving a permit for a beach access structure, the county shall require the project
proponent to demonstrate that the project is consistent with this program. Information to be
provided by the proponent will include, but not be limited to:
(i) Existing conditions at the site related to erosion, slope stability, drainage, vegetation, and
coastal processes; and
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(ii) Probable effects of the access structure on the stability of the site over time; and
(iii) Potential effects of the access structure on shoreline processes such as net-shoreline
drift, sediment transport, mass wasting, and erosion; and
(iv) Methods for maintaining the structure over time that will preclude the need for a
bulkhead or other type of stabilization in the future; and
(v) Potential effects on fish and wildlife habitats and other shoreline ecological functions;
and
(vi) Measures needed to ensure/maintain slope stability, maintain coastal processes, and
prevent erosion in the long term.
(l) The county may require proposals for pedestrian beach access structures to include
geotechnical analysis prepared by a licensed professional engineer or geologist and/or biological
analysis prepared by a qualified biologist. [Ord. 7-13 Exh. A (Art. VII § 1)]
18.25.350 Boating facilities – Boat launches, docks, piers, floats, lifts, marinas, and mooring
buoys.
(1) Policies.
(a) Boating facilities as defined in Article II of this chapter should be located, designed,
constructed and operated with appropriate mitigation to avoid adverse effects on shoreline
functions and processes and to prevent conflicts with other allowed uses.
(b) Boating facilities should not be located or expanded where they would:
(i) Impact critical habitats; or
(ii) Substantially interfere with currents and/or net-shoreline drift; or
(iii) Cause significant adverse effects on aquatic habitat, biological functions, water quality,
aesthetics, navigation, and/or neighboring uses.
(c) Docks and piers should not be allowed where shallow depths require excessive overwater
length.
(d) The county should protect the natural character of the shoreline and prevent adverse
ecological impacts caused by in-water and overwater structures by limiting the number of new
docks/piers/floats and by controlling how they are designed and constructed and where they are
located. Wood coated or treated with toxic materials should not be allowed.
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(e) To prevent the impacts associated with private docks, piers, floats, lifts and launch ramps
and rails accessory to residential development:
(i) Mooring buoys are generally preferred over docks, piers or floats; and
(ii) Shared docks/piers/floats serving multiple properties are preferred over single-user
docks/piers/floats serving a single property or parcel; and
(iii) Public boat launches are preferred over private launch facilities. Rail and track launch
systems are preferred over ramps.
(f) Boating facilities associated with commercial, industrial, or port uses, residential subdivisions
and multifamily housing should include public access and contribute to the public’s ability to
view, touch, and travel on the waters of the state in accordance with JCC 18.25.290 (Public
access).
(g) The county should identify areas that are suitable for development and/or expansion of
marinas and public boat launches and prevent them from being developed with non-water-
dependent uses having less stringent site requirements. This should be accomplished in a timely
manner.
(h) Development of new marinas and public boat launch facilities should be coordinated with
public access and recreation plans and should be co-located with port or other compatible water-
dependent uses where feasible. Affected parties and potential partners should be included in the
planning process.
(i) When reviewing proposals for new or expanded marinas and public boat launches, the county
should seek comment from public recreation providers, adjacent cities/counties, port districts,
Washington State Parks, and the Washington State Departments of Ecology, Fish and Wildlife,
Health, and Natural Resources, and area tribes to ensure that local as well as regional recreation
needs are addressed.
(j) The county should support the use of innovative and effective methods for protecting,
enhancing, and restoring shoreline ecological functions and processes during the design,
development and operation of new or expanded boating facilities. Such methods may include
public facility and resource planning, education, voluntary protection and enhancement projects,
and incentive programs.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic.
(i) Boat Launches – Nonresidential. Only public and private launches serving water-
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dependent commercial, industrial, port or other primary uses may be permitted if the
primary use is permitted in the adjacent upland shoreline environment subject to the
provisions of this program.
(ii) Docks, Piers, Floats and Lifts – Nonresidential. Only public and private docks, piers,
floats and lifts serving water-dependent commercial, industrial, port or other primary uses
are allowed subject to policies and regulations of this program if the primary use is
permitted in the adjacent upland shoreline environment.
(iii) Boat Launches, Docks, Piers, Floats, and Lifts – Residential. Single-user docks, piers,
floats, lifts and boat launches accessory to residential or private recreational development
are prohibited. Shared boating facilities accessory to residential or private recreational
development may be permitted.
(iv) Marinas are prohibited.
(v) Moorage used for float planes is prohibited.
(vi) Mooring buoys are allowed subject to the adjacent upland shoreline designation and the
policies and regulations of this program.
(b) Aquatic.
(i) Public and private boat launches are allowed subject to policies and regulations of this
program if allowed in the adjacent upland shoreline environment.
(ii) Public and private docks, piers, floats, and lifts are allowed if allowed in the adjacent
upland shoreline environment.
(iii) Marinas are allowed subject to policies and regulations of this program if allowed in the
adjacent upland shoreline environment.
(iv) Moorage used for float planes may be allowed with a conditional use permit if permitted
in the adjacent upland designation.
(v) Mooring buoys are allowed subject to the adjacent upland shoreline designation and the
policies and regulations of this program.
(c) Natural.
(i) Boat launches for hand launching of small watercraft (such as kayaks, small sailboats,
and other nonmotorized watercraft) may be allowed with a conditional use permit, subject to
policies and regulations of this program, if materials and design are compatible with the site.
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(ii) A public dock, pier or float for recreational use may be allowed with a conditional use
permit.
(iii) Mooring buoys that are accessory to water-dependent uses such as aquaculture may be
allowed with a conditional use permit (C(a)).
(iv) All other boating facilities, including boating facilities accessory to residential
development, are prohibited.
(d) Conservancy.
(i) Boat launches may be allowed with a conditional use permit subject to policies and
regulations of this program.
(ii) Docks, piers, floats and lifts may be allowed with a conditional use permit subject to
policies and regulations of this program, except industrial piers are prohibited.
(iii) Marinas may be permitted as a conditional use.
(iv) Moorage used for float planes may be permitted as a conditional use.
(v) Mooring buoys are allowed with a conditional use permit (C(a)) subject to policies and
regulations of this program.
(e) Shoreline Residential.
(i) Boat launches are allowed subject to policies and regulations of this program.
(ii) Docks, piers, floats and lifts are allowed subject to policies and regulations of this
program, except industrial piers are prohibited.
(iii) Marinas may be permitted as a conditional use.
(iv) Moorage used for float planes may be permitted as a conditional use.
(v) Mooring buoys are allowed with a conditional use permit (C(a)) subject to policies and
regulations of this program.
(f) High Intensity. All boating facilities are allowed subject to policies and regulations of this
program.
(3) Regulations – Boat Launches – Public.
(a) Public boat launches may be permitted when they are located, designed and constructed in a
manner that minimizes adverse impacts on coastal or fluvial processes, biological functions,
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aquatic and riparian habitats, water quality, navigation, and/or neighboring uses. Rail and track
systems shall be preferred over concrete ramps or similar facilities.
(b) When permitted, public boat launches shall be:
(i) Located in areas where there is adequate water mixing and flushing action;
(ii) Designed so as not to retard or reduce natural shoreline flushing characteristics;
(iii) Designed and constructed using methods/technology that have been recognized and
approved by state and federal resource agencies as the best currently available;
(iv) Designed so that existing or potential public access along beaches is not blocked or
made unsafe, and so that public use of the surface waters is not unduly impaired; and
(v) Developed and maintained to support waterfront access for watercraft. In those limited
instances where separate or associated uses are permitted, other than restrooms and/or
sewer/septic facilities, only uses that are water-dependent and/or afford public access uses
shall be approved.
(c) Public boat launches on river shores shall be located downstream of accretion shoreforms,
or on stable banks where no or minimal current deflections will be necessary.
(d) Public boat launches shall provide adequate restroom and sewage and solid waste disposal
facilities in compliance with applicable health regulations.
(e) When overwater development is proposed in association with a public boat launch facility, it
may be permitted only where such use requires direct water access, and/or where such facilities
will significantly increase public opportunities for water access.
(f) Public boat launches shall be located and designed to prevent traffic hazards and minimize
traffic impacts on nearby access streets.
(g) Public boat launch sites shall include parking spaces for boat trailers commensurate with
projected demand and shall comply with the transportation provisions of this program.
(4) Regulations – Boat Launches (Ramps and Rails) – Private.
(a) Private boat launches shall be allowed only when public boat launches are unavailable within
a reasonable distance.
(b) When permitted, private boat launches including launches accessory to residential
development shall be designed and constructed using methods/technology that have been
recognized and approved by state and federal resource agencies as the best currently available.
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Rail and track systems shall be preferred over concrete ramps or similar facilities.
(c) No more than one private boat launch facility or structure shall be permitted on a single
parcel or residential lot.
(5) Regulations – Docks, Piers and Floats – Nonresidential.
(a) Docks, piers and floats, as defined in Article II of this chapter, associated with commercial,
industrial, port or public recreational developments should only be allowed when ecological
impacts are mitigated in accordance with this program, and:
(i) The dock/pier/float is required to accommodate a water-dependent use; and/or
(ii) The dock/pier/float provides opportunities for the public to access the shoreline.
(b) New commercial, industrial, port or public recreational docks, piers and floats shall be
designed and constructed to avoid or, if that is not possible, to minimize the impacts to
nearshore habitats and processes.
(c) The length, width and height of nonresidential docks, piers and floats shall be no greater than
that required for safety and practicality for the primary use.
(d) New and substantially expanded nonresidential docks, piers and floats shall be constructed
of materials that will not adversely affect water quality or aquatic plants and animals over the
long term. Materials for any portions of the dock, pier, float, framing, or decking that come in
contact with water shall be approved by applicable state agencies for use in water. For example,
wood treated with creosote, pentachlorophenol or other similarly toxic materials is not allowed.
(e) To minimize adverse effects on nearshore habitats and species caused by overwater
structures that reduce ambient light levels, the following shall apply:
(i) The width of docks, piers and floats shall be the minimum necessary. Materials that will
allow light to pass through the deck may be required where width exceeds four feet; and
(ii) Grating to allow light passage or reflective panels to increase light refraction shall be
used on walkways or gangplanks in nearshore areas; and
(iii) The maximum structure height above water shall be employed, consistent with safety
and usability.
(f) Commercial, industrial, port or public recreational docks, piers and floats shall be spaced and
oriented to shoreline in a manner that avoids or minimizes:
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(i) Hazards and obstructions to navigation, fishing, swimming and pleasure boating; and
(ii) Shading of beach substrate below; and
(iii) Any “wall” effect that would block or baffle wave patterns, currents, littoral drift, or
movement of aquatic life forms. A north-south orientation is generally optimal.
(g) Fill waterward of OHWM shall be limited to the minimum necessary to match the upland with
the elevation of the nonresidential dock or pier when consistent with JCC 18.25.370 (Filling and
excavation).
(h) Dredging shall be limited to the minimum necessary to allow boat access to a nonresidential
dock or pier when consistent with JCC 18.25.360 (Dredging).
(i) Covered moorage associated with nonresidential docks, piers, and floats shall be prohibited.
(6) Regulations – Docks, Piers, Floats and Lifts – Accessory to Residential Development.
(a) Docks, piers, floats and lifts accessory to residential development/use shall only be allowed
when:
(i) Ecological impacts are mitigated in accordance with this program; and
(ii) The moorage platform is designed for access to private watercraft; and
(iii) The cumulative effects of dock, pier, float and lift proliferation have been identified and
shown to be negligible.
(b) If allowed under this program, no more than one dock/pier and one float and one boat/ski lift
may be permitted on a single lot owned for residential use or private recreational use.
(c) In-water fixed platform structures supported by piles that do not abut the shoreline shall be
prohibited.
(d) If permitted, new docks, piers, floats, lifts accessory to residential development/use shall be:
(i) Designed and constructed to avoid or, if that is not possible, to minimize shading and
other impacts on nearshore habitats and processes; and
(ii) Constructed of materials that will not adversely affect water quality or aquatic plants and
animals over the long term. Materials for portions of the dock, pier, float, framing and
decking in contact with water shall be approved by applicable state agencies for use in
water. For example, wood treated with creosote, pentachlorophenol or other similarly toxic
materials is not allowed; and
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(iii) Spaced and oriented to shoreline in a manner that minimizes hazards and obstructions
to navigation, fishing, swimming, and pleasure boating; and
(iv) Designed to avoid the need for maintenance dredging. The moorage of a boat larger
than provided for in original moorage design shall not be grounds for approval of dredging;
and
(v) Spaced and oriented to minimize shading and avoid a “wall” effect that would block or
baffle wave patterns, currents, littoral drift, or movement of aquatic life forms. A north-south
orientation is generally optimal.
(e) The length of docks and piers accessory to residential use/development shall be the
minimum demonstrated necessary for safety and practicality for the residential use. The
maximum length for residential docks or piers shall be limited to 100 feet as measured
horizontally from the ordinary high water mark.
The administrator may approve a different dock or pier length when needed to:
(i) Avoid known eelgrass beds, forage fish habitats, or other sensitive nearshore resources;
or
(ii) Accommodate shared use.
(f) Floats accessory to residential use shall not exceed 200 square feet in area or three feet in
height as measured from the mean lower low water (MLLW).
(g) Floats shall only be used where there is sufficient water depth to prevent grounding at low
tide. The county may require the use of stoppers or other measures to ensure compliance with
this standard.
(h) To avoid and minimize adverse effects on nearshore habitats and species caused by
overwater structures that reduce ambient light levels, the following shall apply:
(i) The width of docks and floats shall be the minimum necessary. Materials that will allow
light to pass through the deck may be required where width exceeds four feet; and
(ii) Grating to allow light passage or reflective panels to increase light refraction shall be
used on walkways or gangplanks in nearshore areas; and
(iii) The maximum structure height above water should be employed, consistent with safety
and usability.
(i) Residential developments with more than four lots or dwelling units may be granted permits
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for community docks that are shared by at least one other owner. No more than one dock/pier or
float may be permitted for each three adjoining waterfront lots, with necessary access
easements to be recorded at the time of permitting.
(j) Single-user docks, piers and floats for individual residential lots may be permitted in existing
subdivisions approved on or before January 28, 1993, only where a shared facility has not
already been developed. Prior to development of a new single-user dock/pier/float for a single
residential lot, the applicant shall demonstrate that:
(i) Existing facilities in the vicinity, including marinas and shared moorage, are not adequate
or feasible for use; and
(ii) On marine shorelines alternative moorage, such as one or more mooring buoys or a
buoy in combination with a small dock sized to accommodate a tender vessel, are not
adequate or feasible.
(k) Single-user moorage for private/recreational float planes may be permitted as a conditional
use where construction of such moorage:
(i) Is limited to the smallest size necessary to accommodate the float plane.
(ii) Will not adversely affect shoreline functions or processes, including wildlife use.
(iii) Includes ecological restoration, in addition to mitigation, to compensate for the greater
intensity of use associated with the float plane moorage.
(l) Covered moorage associated with single-family residential development shall be prohibited,
except that the county may allow a small covered area up to 100 square feet in size, maximum
height of 10 feet, and with vertical walls on up to three sides on the overland portion of a
dock/pier only.
(m) Single-user docks/piers/floats shall be located within side yard setbacks for residential
development (both onshore and offshore); provided, that a shared dock/pier may be located
adjacent to or upon a shared side property line upon filing of an agreement by the affected
property owners.
(n) Fill waterward of OHWM shall be limited to the minimum necessary to match the upland with
the elevation of the residential dock or pier when consistent with JCC 18.25.370 (Filling and
excavation).
(o) Dredging for construction or maintenance of docks, piers and floats accessory to residential
use shall be prohibited waterward of OHWM.
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(p) No single-user or shared dock/pier/float may be constructed to within 200 feet of OHWM on
the opposite shoreline of any lake or semi-enclosed body of water such as a bay, cove, or
natural channel.
(q) Boating facilities shall be marked with reflectors, or otherwise identified to prevent
unnecessarily hazardous conditions for water surface users during day or night. Exterior finish
shall be generally nonreflective.
(r) Boating facilities shall be constructed and maintained so that no part of them creates
hazardous conditions nor damages other shoreline property or natural features during flood
conditions.
(s) No dock, pier, float, or watercraft moored thereto shall be used for a residence.
(t) Storage of fuel, oils, and other toxic materials is prohibited on residential docks, piers and
floats except in portable containers that have secondary containment.
(7) Regulations – Marinas.
(a) Marinas may be permitted on marine and river shorelines when they are consistent with this
program and when the proponent demonstrates to the county’s satisfaction that all of the
following conditions are met:
(i) The proposed location is the least environmentally damaging alternative; and
(ii) Potential adverse impacts on shoreline processes and ecological functions are mitigated
to achieve no net loss; and
(iii) The project includes ecological restoration measures to improve baseline conditions
over time; and
(iv) The area has adequate water circulation and flushing action; and
(v) The proposed location will not require dredging or excavation/filling of wetlands; and
(vi) Suitable public infrastructure is available or can be made available to support the
marina.
(b) Marinas shall be prohibited in all of the following locations:
(i) Lake shores; and
(ii) River point and channel bars or other accretional beaches; and
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(iii) Areas of active channel migration; and
(iv) Where a flood hazard will be created or exacerbated; and
(v) Shorelines with a priority aquatic environmental designation; and
(vi) River mouths.
(c) Where marinas are permitted they shall be designed, constructed and operated according to
the following:
(i) Open pile or floating breakwater designs shall be used unless the proponent
demonstrates that there are specific safety considerations that warrant alternative
approaches or unless rip-rap or other solid construction is shown to have fewer impacts on
shoreline ecology over the short and long term.
(ii) Shoreline armoring shall be limited to the minimum necessary to protect marina
infrastructure and shall consist of softshore bio-stabilization unless such stabilization is
demonstrated by a geotechnical analysis to be infeasible or inadequate to protect the site.
(iii) Floating structures shall be designed to prevent grounding on tidelands. Floats shall only
be used where there is sufficient water depth to prevent grounding at low tide. The county
may require the use of stoppers or other measures to ensure compliance with this standard.
(iv) Piers and other structures shall be located, sized and designed to minimize shading of
nearshore aquatic habitats and species.
(v) Solid structures shall be designed to provide fish passage through and along the shallow
water fringe.
(vi) Floating piers shall be required in rivers unless the proponent can demonstrate that
fixed piers will cause substantially less impact on geo-hydraulic processes.
(vii) Marinas shall be sited to prevent restrictions in the use of commercial and recreational
shellfish beds and in compliance with Washington Department of Health guidelines and
National Shellfish Sanitation Program (NSSP) standards.
(viii) Marina development shall generally be required to include public access amenities.
Consistent with JCC 18.25.290 (Public access), public access siting and design shall be
determined based on what is appropriate to a given location and the needs/desires of the
surrounding community. Public access shall be designed to be environmentally sound,
aesthetically compatible with adjacent uses, and safe for users.
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(ix) Live-aboard vessels may occupy up to 20 percent of the slips at a marina. Marinas that
accommodate live-aboards shall provide and maintain adequate facilities and programs to
address waste disposal and sanitary disposal.
(x) New or expanded marina development may include fill waterward of the ordinary high
water mark only when necessary for the water-dependent portions of the marina facility.
Such fill activities shall conform to JCC 18.25.370 (Filling and excavation) and this section.
Filling solely for the creation of marina parking areas shall be prohibited.
(xi) If new or expanded marina facilities adversely affect net shoreline drift or other coastal
processes to the detriment of nearby beaches or habitats, the county may require the
marina operator to replenish the substrate in these areas periodically or take other
measures to offset adverse impacts.
(d) New or expanded development appurtenant to marinas shall be designed and constructed to
avoid and, where avoidance is not possible, minimize impacts on shoreline functions and
processes. Facilities shall be clustered and located in the least environmentally damaging
portion of the site to reduce clearing and grading impacts.
(e) To meet the regulations in subsection (7)(d) of this section, the following standards shall
apply to new or expanded development appurtenant to marinas:
(i) Accessory uses at marinas shall be limited to water-oriented uses and uses that provide
physical or visual shoreline access for substantial numbers of the general public.
Accessory development includes, but is not limited to, parking, open air storage, waste
storage and treatment, stormwater management facilities, utility and upland transportation
development.
(ii) Water-oriented accessory uses reasonably related to marina operation may be located
over water or near the water’s edge by conditional use permit if an overwater or water’s-
edge location is essential to the operation of the use and if opportunities are provided for
substantial numbers of people to access the shoreline.
(iii) Parking shall be located away from the water’s edge and landward of shoreline buffers
prescribed by this program unless no feasible alternative location exists.
(iv) Parking areas shall meet county stormwater management standards and shall, where
feasible, incorporate low impact development practices such as pervious surfaces and
bioswales.
(v) Dry moorage and other storage areas shall be landscaped with native vegetation to
provide a visual and noise buffer for adjoining uses.
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(vi) Pump-out, holding, and/or waste treatment facilities and services shall be provided at all
marinas. Pump-out facilities shall be conveniently located and sited to ensure easy access,
prevent lengthy queues and allow full compliance with waste disposal regulations. Vessel-
mounted pump-out services and hard-plumbed stations at each slip shall be preferred over
portable pump-out equipment.
(vii) Marinas shall provide adequate restroom and sewage disposal facilities in compliance
with applicable health regulations. Restrooms shall be available 24 hours a day for use by
any patron of the marina facility; the need for restrooms shall be determined based on the
number of slips and percentage of live-aboard vessels within the marina.
(viii) Garbage and recycling receptacles shall be provided and maintained by the marina
operator at several locations convenient to users.
(ix) Marina operators shall post all regulations pertaining to handling and disposal of waste,
sewage, fuel, and oil or toxic materials where all users may easily read them.
(x) Boat washing facilities shall be provided to minimize transfer of invasive aquatic species
between water bodies.
(f) When reviewing proposals for new or expanded marina facilities, the county shall require the
proponent to prepare and implement appropriate technical studies and plans that are not already
required via another regulatory review process. Examples of studies and plans that may be
required include, but are not limited to:
(i) A maintenance plan for maintaining pump-out and waste/sewage disposal facilities and
services.
(ii) A spill response plan for oil and other spilled products. Compliance with federal or state
law may fulfill this requirement.
(iii) An operational plan that, at a minimum, describes procedures for fuel handling and
storage; measures, including signage, for informing marina users of applicable regulations;
measures for collecting garbage and recyclables; measures and equipment for ensuring
public safety.
(iv) A visual assessment of views from surrounding residential properties, public
viewpoints, and the view of the shoreline from the water surface.
(v) An assessment of existing water-dependent uses in the vicinity including but not limited
to, navigation, fishing, shellfish production and harvest, swimming, beach walking, and
picnicking and shall document potential impacts and mitigating measures. The county shall
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evaluate impacts on these resources and impose specific conditions to mitigate impacts as
necessary.
(8) Regulations – Mooring Buoys.
(a) Commercial or recreational mooring buoys may be permitted; provided, that they are
consistent with this program and that individually or cumulatively:
(i) They do not impede the ability of other landowners to access private property; and
(ii) They do not pose a hazard to or obstruct navigation or fishing; and
(iii) They do not contribute to water quality or habitat degradation; and
(iv) They do not pose a threat to a commercial shellfish growing area classification or
reduce the ability to upgrade the classification.
(b) The installation and use of mooring buoys (including commercial and recreational buoys) in
marine waters shall be consistent with all applicable state laws, including Chapter 246-282 WAC,
the current National Shellfish Sanitation Program (NSSP) standards, and other State
Departments of Fish and Wildlife, Health, and/or Natural Resources standards.
(c) Private recreational mooring buoys on state-owned aquatic lands shall not be used for
residential (living on the boat) or commercial purposes.
(d) Mooring buoys shall be located to:
(i) Avoid eelgrass beds and other valuable aquatic and nearshore habitat areas; and
(ii) Prevent obstruction to navigation.
(e) Mooring buoys shall use neutral buoyancy rope, mid-line float, helical anchors, or other state-
approved designs that have minimal adverse effects on aquatic ecosystem and fish.
(f) Mooring buoys shall not be allowed on lake shorelines of the state.
(g) Mooring buoys shall be clearly marked and labeled with the owner’s name and contact
information and permit number(s).
(h) The county shall plan for and coordinate with other agencies to control the placement and
number of mooring buoys within bays and other areas to protect water quality and/or habitat and
ensure that transit channels are maintained. Under no circumstances shall mooring buoy density
exceed State Department of Health guidelines and National Shellfish Sanitation Program (NSSP)
standards.
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(i) The capacity of each mooring buoy may not exceed one boat and its appurtenant shore
access craft. [Ord. 7-13 Exh. A (Art. VII § 2)]
18.25.360 Dredging.
(1) Policies.
(a) Dredging, as defined in Article II of this chapter, and disposal of dredge material should only
be allowed when alternatives are infeasible and when the dredging/dredge disposal is:
(i) Necessary to support an existing legal use or a proposed water-dependent use or
essential public infrastructure/facility; or
(ii) Part of a clean-up program required under the Model Toxics Control Act or
Comprehensive Environmental Response, Compensation, and Liability Act; or
(iii) Part of an approved ecological restoration or enhancement project; or
(iv) Part of an approved beach nourishment project; or
(v) Required to provide public access for a substantial number of people; or
(vi) Required to provide water-oriented public recreation for a substantial number of people.
(b) When required to support an allowed use or development, dredging/dredge disposal should
be the minimum needed to accommodate the allowed use or development for a reasonably
foreseeable period of time.
(c) When allowed, dredging and disposal operations should be planned, timed and implemented
to minimize:
(i) Adverse impacts to shoreline ecology; and
(ii) Adverse impacts to in-water and adjacent upland uses; and
(iii) Interference with navigation.
(d) Dredging and dredge disposal should be consistent and coordinated with appropriate local,
state and federal regulations to minimize duplication during the review process.
(e) Dredging and dredge disposal should not occur where they would interfere with existing or
potential ecological restoration activities.
(f) Dredging and dredge disposal should occur where they will provide ecological benefits.
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(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Dredging and dredge disposal may be permitted subject to a conditional use
permit if allowed in the adjacent upland environment.
(b) Aquatic. Dredging and dredge disposal may be permitted subject to a conditional use permit if
allowed in the adjacent upland environment.
(c) Natural. Dredging and dredge disposal are prohibited except dredging and dredge disposal
may be permitted as an essential element of an approved shoreline restoration project/program.
(d) Conservancy. Dredging and dredge disposal may be permitted subject to a conditional use
permit.
(e) Shoreline Residential. Dredging and dredge disposal may be permitted subject to a
conditional use permit.
(f) High Intensity. Dredging may be permitted subject to the policies and regulations of this
program. Dredge disposal may be allowed with a conditional use permit.
(3) Regulations – Dredging.
(a) Proponents of new development shall locate and design such development to avoid or, if
avoidance is not possible, to minimize the need for new dredging and maintenance dredging.
(b) The county may permit dredging only when the project proponent demonstrates the activity is
consistent with this program and that there are no feasible alternatives to dredging.
(c) Dredging shall only be allowed when necessary to support the following uses and
developments:
(i) Approved harbors, marinas, ports, and water-dependent industries;
(ii) Development or maintenance of essential public infrastructure and facilities;
(iii) Environmental clean-up activities required by the Model Toxics Control Act or
Comprehensive Environmental Response, Compensation, and Liability Act;
(iv) Underground utility installation requiring trenches when boring, directional drilling, and
other installation methods are not feasible;
(v) Maintenance dredging for the purpose of restoring a lawfully established use or
development;
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(vi) Maintenance dredging for the purpose of restoring previously permitted or authorized
hydraulic capacity of a stream or river;
(vii) Maintenance of existing irrigation reservoirs, drains, canals, or ditches;
(viii) Establishing, expanding, relocating or reconfiguring navigation channels and basins
where necessary to assure the safety and efficiency of existing navigational uses;
(ix) Ecological restoration and enhancement projects benefiting water quality and/or fish and
wildlife habitat; or
(x) Public access and public water-oriented recreational developments/uses, including
construction of public piers and docks that benefit substantial numbers of people.
(d) The county may permit dredging for flood management purposes only when the project
proponent demonstrates that:
(i) The dredging is a required component of a county-approved comprehensive flood
management plan; or
(ii) The dredging has a long-term benefit to public health and safety and will not cause a net
loss of ecological functions and processes.
(e) When conducting reviews of dredging proposals, the county shall first consider how the
proposed activity has been regulated by other agencies, note same as a reference, and then
establish what further information is needed for local review. The county may require information
to ensure:
(i) The project is designed, located, and timed to mitigate impacts on legally established
neighboring uses and developments; and
(ii) Appropriate measures are taken to ensure the activity will not interfere with fishing or
shellfishing; and
(iii) Appropriate measures are taken to minimize adverse effects on recreation, public
access, and navigation; and
(iv) The activity shall not adversely impact natural processes such as channel migration,
marine bluff erosion and/or net-shoreline drift; and
(v) Appropriate best management practices are employed to prevent water quality impacts
or other forms of environmental degradation; and
(vi) Upstream and upgradient sediment sources that create the need for dredging have been
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investigated and where feasible, mitigated; and
(vii) Appropriate measures are employed to protect public safety and prevent adverse
impacts on other approved shoreline uses; and
(viii) The proposed activity complies with applicable federal, state, and other local
regulations.
(f) Dredging for the primary purpose of obtaining material for landfill, upland construction, or
beach nourishment shall be prohibited.
(g) Maintenance dredging may not be approved under exemption except within the existing
footprint in accordance with previous approved plans.
(4) Regulations – Dredge Disposal.
(a) The county may permit disposal of dredge material only when the project proponent
demonstrates the activity is consistent with this program and that there are no feasible
alternatives to dredge disposal.
(b) When dredge material is deposited on land it shall be considered fill and subject to all
applicable fill regulations.
(c) All unconfined, open water dredge disposal activities shall comply with the Puget Sound
Dredged Disposal Analysis (PSDDA) criteria and guidelines and other applicable local, state and
federal regulations.
(d) When consistent with this program, disposal of dredged materials in water areas other than
PSDDA sites may only be allowed for the following reasons:
(i) To restore or enhance habitat; or
(ii) To reestablish substrates for fish and shellfish resources; or
(iii) To nourish beaches that are starved for sediment; or
(iv) To remediate contaminated sediments.
(e) Proposals for dredged material disposal shall be evaluated for their potential to cause
adverse environmental impacts. Dredged material disposal shall be permitted only when the
proponent demonstrates all of the following:
(i) The proposed action will not cause significant and/or ongoing damage to water quality,
fish, shellfish and/or other biological resources; and
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(ii) The proposed action will not adversely alter natural drainage, water circulation, sediment
transport, currents, or tidal flows or significantly reduce floodwater storage capacities; and
(iii) The proposed action includes all feasible mitigation measures to protect marine,
estuarine, freshwater and terrestrial species and habitats. [Ord. 7-13 Exh. A (Art. VII § 3)]
18.25.370 Filling and excavation.
(1) Policies.
(a) Filling, as defined in Article II of this chapter, should only be allowed waterward of the
ordinary high water mark when alternatives are infeasible and when the filling is:
(i) Necessary to support an approved water-dependent use or essential public
infrastructure/facility; or
(ii) Part of an approved ecological restoration or enhancement project; or
(iii) Part of an approved aquaculture operation when the fill is required to improve
production; or
(iv) Part of an approved beach nourishment project; or
(v) Required to provide public access for a substantial number of people; or
(vi) Required to provide water-oriented public recreation for a substantial number of people.
(b) Filling and excavation should not be allowed where structural shoreline stabilization would be
required to maintain the materials placed or excavated.
(c) When allowed, filling and excavation should be conducted so that water quality, habitat,
hydrology, natural erosion rates, and runoff/drainage patterns are not adversely affected.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Filling may be permitted subject to a conditional use permit if allowed in the
adjacent upland environment.
(b) Aquatic. Filling may be permitted subject to a conditional use permit if allowed in the adjacent
upland environment.
(c) Natural. Filling and excavation is prohibited, except filling and excavation may be permitted
as an essential element of an approved shoreline restoration project/program.
(d) Conservancy. Filling and excavation may be permitted subject to the policies and regulations
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of this program and a conditional use permit.
(e) Shoreline Residential. Filling and excavation may be permitted subject to the policies and
regulations of this program.
(f) High Intensity. Filling and excavation may be permitted subject to the policies and regulations
of this program.
(3) Regulations.
(a) Filling and/or excavation shall only be allowed as part of an approved shoreline use and/or
development activity and shall be subject to the requirements of the primary use/development.
(b) Excavation below the ordinary high water mark shall be considered dredging and shall be
subject to JCC 18.25.360 (Dredging).
(c) When allowed, filling and/or excavation shall be located, designed, and carried out in a
manner that:
(i) Minimizes adverse impacts on the shoreline environment; and
(ii) Blends in physically and visually with natural topography, so as not to interfere with
appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline;
and
(iii) Does not require shoreline armoring or stabilization to protect materials placed unless it
is part of an approved shoreline restoration project and shoreline armoring or stabilization
measures are needed to keep the material in place.
(d) Fill materials placed within shoreline jurisdiction shall be from an approved source and shall
consist of clean sand, gravel, soil, rock or similar material. The use of contaminated material or
construction debris shall be prohibited.
(e) Fill placed waterward of the ordinary high water mark shall only be permitted when
alternatives are infeasible and when the filling/excavation is necessary to support one or more of
the following:
(i) Approved marinas, ports, and other water-dependent industries where upland alternatives
or structural solutions including pile or pier supports are infeasible.
(ii) Development or maintenance of essential public infrastructure and facilities.
(iii) Environmental clean-up activities required by MTCA and CERCLA.
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(iv) Maintenance of a lawfully established use or development.
(v) Ecological restoration and enhancement projects benefiting water quality and/or fish and
wildlife habitat.
(vi) Public access and public water-oriented recreation projects benefiting substantial
numbers of people.
(vii) Part of an approved shoreline stabilization, flood control or in-stream structure project
when consistent with this program.
(f) Filling in areas of special flood hazard shall conform to the flood damage prevention
provisions of Chapter 15.15 JCC.
(g) The following information shall be required for all proposals involving fill or excavation unless
the county determines that issues are adequately addressed via another regulatory review
process:
(i) A description of the proposed use of the fill area; and
(ii) A description of the fill material, including its source, and physical, chemical and
biological characteristics; and
(iii) A description of the method of placement and compaction; and
(iv) A description of the location of the fill relative to natural and/or existing drainage
patterns; and
(v) A description and map of the fill area and depth relative to the ordinary high water mark
(OHWM); and
(vi) A description of proposed means to control erosion and stabilize the fill; and
(vii) A temporary erosion and sediment control (TESC) plan; and
(viii) A description of proposed surface runoff control measures. [Ord. 7-13 Exh. A (Art. VII
§ 4)]
18.25.380 Flood control structures.
(1) Policies.
(a) The county should prevent the need for flood control works by limiting new development in
flood-prone areas.
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(b) New or expanded development or uses in the shoreline, including subdivision of land, that
would likely require flood control structures within a stream, channel migration zone, or floodway
should be prohibited.
(c) Construction of new flood control structures should only be allowed where there is a
documented need to protect an existing structure and mitigation is applied, consistent with this
program. New development should be designed and located to preclude the need for such flood
control structures.
(d) When evaluating the need for flood control structures such as traditional levees and/or dams,
opportunities to remove or relocate existing developments and structures out of flood-prone
areas should be pursued to the maximum extent feasible. Alternative measures, such as
overflow corridors and setback levees, that may have less adverse impact on shoreline ecology
should be considered before structural flood control measures can be approved.
(e) Probable effects on ecological functions and processes should be fully evaluated for
consistency with this program before flood control structures are permitted.
(f) Flood control structures are a necessary and appropriate means of protecting existing
development only when all of the following are met:
(i) The primary use being protected is consistent with this program; and
(ii) Nonstructural flood hazard reduction measures are infeasible; and
(iii) Where such structures can be developed in a manner that is compatible with multiple
use of streams; and
(iv) Where shoreline resources such as fish and wildlife habitat and recreation are protected
in the long term.
(g) When proven necessary, flood control structures should be located, designed, and
maintained in a manner that:
(i) Minimizes adverse effects on shoreline ecology; and
(ii) Is compatible with navigation and recreation, especially in shorelines of statewide
significance; provided, that public safety and ecological protection are fully addressed; and
(iii) Incorporates native vegetation to enhance ecological functions, creates a more natural
appearance, improves ecological processes, and provides more flexibility for long-term
shoreline management.
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(iv) Nonregulatory methods to protect, enhance, and restore shoreline ecological functions
and processes and other shoreline resources should be encouraged as an alternative to
flood control structures. Nonregulatory methods may include public facility and resource
planning, land or easement acquisition, education, voluntary protection and enhancement
projects, or incentive programs.
(h) The county should continue to develop long-term, comprehensive flood hazard management
plans in cooperation with other applicable agencies and persons to prevent flood damage,
maintain the natural hydraulic capacity of streams and floodplains, and conserve or restore
valuable, limited resources such as fish, water, soil, and recreation and scenic areas.
(i) Planning and design of flood control structures should be consistent with and incorporate
elements from adopted watershed management plans, restoration plans and/or surface water
management plans.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Flood control structures may be permitted subject to the policies and
regulations of this program and a conditional use permit if allowed in the adjacent upland
environment.
(b) Aquatic. Flood control structures may be permitted subject to the policies and regulations of
this program and a conditional use permit if allowed in the adjacent upland environment.
(c) Natural. Flood control structures are prohibited.
(d) Conservancy. Flood control structures may be permitted subject to the policies and
regulations of this program and a conditional use permit.
(e) Shoreline Residential. Flood control structures may be allowed subject to the policies and
regulations of this program and a conditional use permit.
(f) High Intensity. Flood control structures may be permitted subject to the policies and
regulations of this program and a conditional use permit.
(3) Regulations.
(a) Flood control structures shall be permitted only when there is credible engineering and
scientific evidence that:
(i) They are necessary to protect existing, lawfully established development; and
(ii) They are consistent with Chapters 15.15 and 18.30 JCC and the county Comprehensive
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Plan; and
(iii) Nonstructural flood hazard reduction measures are infeasible; and
(iv) Proposed measures are consistent with an adopted comprehensive flood hazard
management plan if available.
(b) When permitted, flood control structures shall be:
(i) Constructed and maintained in a manner that does not degrade the quality of affected
waters or the habitat value associated with the in-stream and riparian area; and
(ii) Placed landward of the OHWM except for weirs, current deflectors and similar
structures whose primary purpose is to protect public bridges and roads; and
(iii) Placed landward of associated wetlands and designated habitat conservation areas,
except for structures whose primary purpose is to improve ecological functions; and
(iv) Designed based on engineering and scientific analyses that provide the highest degree
of protection to shoreline ecological functions or processes; and
(v) Designed to allow for normal ground water movement and surface runoff. Natural in-
stream features such as snags, uprooted trees, or stumps should be left in place unless
they are actually causing bank erosion or higher flood stages; and
(vi) Designed to allow streams to maintain point bars and associated aquatic habitat through
normal accretion so that the stream can maintain normal meander progression and maintain
most of its natural storage capacity.
(c) When permitted, dikes and levees shall be limited to that height required to protect adjacent
lands from the predictable annual flood unless it can be demonstrated through hydraulic
modeling that a greater height is needed and will not adversely impact shoreline ecological
functions and processes.
(d) Flood control works are prohibited on estuary or embayment shores, on point and channel
bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat
enhancement or restoration.
(e) Flood control structures and stream channelization projects that damage fish and wildlife
resources, recreation or aesthetic resources, or create high flood stages and velocities shall be
prohibited.
(f) Use of solid waste such as motor vehicles, derelict vessels, appliances, or demolition debris;
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construction of flood control works is prohibited.
(g) Flood control structures shall not adversely affect valuable recreation resources and
aesthetic values such as point and channel bars, islands, and braided banks.
(h) The county shall require flood control structures to be professionally engineered and
designed prior to final approval. The design shall be consistent with the Department of Fish and
Wildlife Aquatic Habitat Guidelines and other applicable guidance and regulatory requirements.
(i) No flood control structure shall be installed or constructed without the developer having
obtained all applicable federal, state, and local permits and approvals, including but not limited to
a Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife.
(j) Removal of beaver dams to control or limit flooding shall be allowed; provided, that the project
proponent coordinates with the Department of Fish and Wildlife and obtains all necessary
permits and approvals from the state.
(k) To determine that the provisions of this section are fully addressed, the county may require
one or more technical studies/reports at the time of permit application for flood control structures
unless the county determines that issues are adequately addressed via another regulatory
review process. Technical reports required pursuant to this section shall address the following:
(i) An analysis of the flood frequency, duration and severity and expected health and safety
risks as a rationale and justification for the proposed structure.
(ii) A hydraulic analysis prepared by a licensed professional engineer that describes
anticipated effects of the project on stream hydraulics, including potential increases in base
flood elevation, changes in stream velocity, and the potential for redirection of the normal
flow of the affected stream.
(iii) A biological resource inventory and analysis prepared by a qualified professional
biologist that describes the anticipated effects of the project on fish and wildlife resources.
(iv) Proposed provisions for accommodating public access to and along the affected
shoreline, as well as any proposed on-site recreational features.
(v) A description of any proposed plans to remove vegetation and revegetate the site
following construction.
(l) To ensure compliance with the no net loss provisions of this program, the county may require
the proponent to prepare a mitigation plan that describes measures for protecting shoreline and
in-stream resources during construction and operation of a flood control structure. The required
mitigation shall be commensurate with the value and type of resource or system lost. Mitigation
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activities shall be monitored by the proponent to determine the effectiveness of the mitigation
plan. In instances where the existing mitigation measures are found to be ineffective, the
proponent shall take corrective action that satisfies the objectives of the mitigation plan. [Ord. 7-
13 Exh. A (Art. VII § 5)]
18.25.390 In-stream structures.
(1) Policies.
(a) Large-scale in-stream structures such as hydroelectric dams and related facilities are
discouraged in Jefferson County. Such facilities should not be permitted except in the rare
instance where there is clear evidence that the benefits to county residents outweigh any
potential adverse ecological impacts.
(b) In-stream structures should be approved only when associated with and necessary for an
ecological restoration project, a fish passage project, or an allowed shoreline use/development
such as a utility or industrial facility.
(c) When necessary, in-stream structures should be located, designed, operated and maintained
in a manner that minimizes adverse effects on the stream functions and processes.
(d) Proposals for new in-stream structures should be evaluated for their potential adverse effects
on the physical, hydrological, and biological characteristics as well as effects on species that
inhabit the stream or riparian area.
(e) When necessary, in-stream structures should be planned and designed to be compatible with
navigation and recreation, especially in shorelines of statewide significance; provided, that public
safety and ecological protection are fully addressed.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. In-stream structures may be allowed subject to the policies and regulations
of this program and a conditional use permit if allowed in the adjacent upland environment.
(b) Aquatic. In-stream structures may be allowed subject to the policies and regulations of this
program and a conditional use permit if allowed in the adjacent upland environment.
(c) Natural. In-stream structures are prohibited, except that in-stream structures (such as large
woody debris) whose primary purpose is restoration of shoreline ecological conditions may be
permitted subject to the provisions of this program.
(d) Conservancy. In-stream structures may be allowed subject to the policies and regulations of
this program and a conditional use permit.
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(e) Shoreline Residential. In-stream structures may be allowed subject to the policies and
regulations of this program and a conditional use permit.
(f) High Intensity. In-stream structures may be allowed subject to the policies and regulations of
this program and a conditional use permit.
(3) Regulations.
(a) Dams and associated power generating facilities shall not be permitted except in the rare
instance where there is clear evidence that the benefits to county residents outweigh any
potential adverse ecological impacts. The criteria for approving such facilities will depend on the
specific location including its particular physical, cultural, and ecological conditions. Prior to
approving or denying such facilities, the county shall consult citizens and appropriate agencies
to evaluate in-stream structure proposals.
(b) In-stream structures whose primary purpose is flood control shall be subject to JCC
18.25.380 (Flood control structures) and this section. In-stream structures whose purpose is
power generation shall be subject to the policies and regulations for JCC 18.25.470 (industrial
use) and this section.
(c) When permitted, in-stream structures and their support facilities shall be:
(i) Constructed and maintained in a manner that does not degrade the quality of affected
waters or the habitat value associated with the in-stream and riparian area; and
(ii) Located and designed based on reach analysis to avoid the need for structural shoreline
armoring.
(d) All in-water diversion structures shall be designed to permit the natural transport of bedload
materials. All debris, overburden and other waste materials from construction shall be disposed
of in such a manner that prevents their entry into a water body.
(e) In-stream structures shall not impede upstream or downstream migration of anadromous fish.
(f) Small-scale power generating microturbines may be placed in streams, provided they do not
create impoundments and there are no adverse effects on shoreline functions and processes,
including but not limited to, stream flow, habitat structure, temperature, and/or water quality. The
county shall take appropriate measures and precautions to prevent the proliferation of small-
scale power generating apparatus as necessary to prevent cumulative adverse impacts.
(g) The county shall require any proposed in-stream structure to be professionally engineered
and designed prior to final approval.
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(h) No in-stream structure shall be installed without the developer having obtained all applicable
federal, state, and local permits and approvals, including but not limited to a Hydraulic Project
Approval (HPA) from the State Department of Fish and Wildlife.
(i) The county shall require the proponent of any in-stream structure proposal to provide the
following information prior to final approval unless the county determines that the issues are
adequately addressed via another regulatory review process:
(i) A site suitability analysis that provides the rationale and justification for the proposed
structure. The analysis shall include a description and analysis of alternative sites, and a
thorough discussion of the environmental impacts of each; and
(ii) A hydraulic analysis prepared by a licensed professional engineer that describes
anticipated effects of the project on stream hydraulics, including potential increases in base
flood elevation, changes in stream velocity, and the potential for redirection of the normal
flow of the affected stream; and
(iii) A biological resource inventory and analysis prepared by a qualified professional
biologist that describes the anticipated effects of the project on fish and wildlife resources;
and
(iv) For hydropower facilities, the proposed location and design of powerhouses, penstocks,
accessory structures and access and service roads; and
(v) Proposed provisions for accommodating public access to and along the affected
shoreline, as well as any proposed on-site recreational features; and
(vi) A description of any plans to remove vegetation and/or revegetate the site following
construction; and proposed mitigation plan that describes, in detail, provisions for protecting
in-stream resources during construction and operation, and measures to compensate for
impacts that resources that cannot be avoided.
(vii) A description of sites proposed for the depositing of debris, overburden, and other
waste materials generated during construction. [Ord. 7-13 Exh. A (Art. VII § 6)]
18.25.400 Restoration.
(1) Policies.
(a) Protection of existing resources is the best way to ensure the long-term health and well-being
of Jefferson County shorelines. Restoration should be used to complement the protection
strategies required by this program to achieve the greatest overall ecological benefit.
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(b) This program recognizes the importance of restoring shoreline ecological functions and
processes. Jefferson County supports cooperative restoration efforts by strategically organizing
programs between local, state, and federal public agencies, tribes, nonprofit organizations, and
landowners to improve shorelines with impaired ecological functions and/or processes.
(c) Restoration actions should restore shoreline ecological functions and processes as well as
shoreline features and should be targeted toward meeting the needs of sensitive and/or
regionally important plant, fish and wildlife species.
(d) Restoration should be integrated with and should support other natural resource management
efforts in Jefferson County and in the greater Puget Sound region.
(e) Priority should be given to restoration actions that meet the goals and objectives contained in
JCC 18.25.170 (Restoration and enhancement).
(f) When prioritizing restoration actions, the county should give highest priority to measures that
have the greatest chance of reestablishing ecosystem processes and creating self-sustaining
habitats.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Restoration may be permitted subject to provisions of this program.
(b) Aquatic. Restoration may be permitted subject to provisions of this program.
(c) Natural. Restoration may be permitted subject to provisions of this program.
(d) Conservancy. Restoration may be permitted subject to provisions of this program.
(e) Shoreline Residential. Restoration may be permitted subject to provisions of this program.
(f) High Intensity. Restoration may be permitted subject to provisions of this program.
(3) Regulations. Restoration shall be carried out in accordance with an approved restoration plan and
in accordance with the policies and regulations of this program. [Ord. 7-13 Exh. A (Art. VII § 7)]
18.25.410 Structural shoreline armoring and shoreline stabilization.
(1) Policies.
(a) The county should take active measures to preserve natural unarmored shorelines and
prevent the proliferation of bulkheads and other forms of shoreline armoring.
(b) Nonstructural stabilization measures including relocating structures, increasing buffers,
enhancing vegetation, managing drainage and runoff and other measures are preferred over
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structural shoreline armoring.
(c) Structural shoreline armoring should only be permitted when necessary to support a primary
structure associated with an approved shoreline use/development, public infrastructure, and/or
essential public facilities when other alternatives are infeasible.
(d) Where beach erosion threatens an existing use or development, proposals for new structural
shoreline armoring should evaluate a range of options and designs. On a reach-specific basis,
causes of erosion as well as effects should be evaluated. Beach management issues such as
sediment conveyance, geohydraulic processes, and ecological relationships all should be
considered in arriving at a design to minimize disturbance.
(e) Shoreline stabilization and shoreline armoring for the purpose of leveling or extending
property or creating or preserving residential lawns, yards or landscaping should not be allowed.
(f) When structural shoreline armoring is determined necessary to protect public infrastructure
and primary structures, it should be located, designed, and maintained in a manner that
minimizes adverse effects on shoreline ecology, including effects on the project site, adjacent
properties, and sediment transport to downdrift areas.
(g) Before approving shoreline armoring structures, the county should require the proponent to
identify, address and mitigate probable effects on shoreline processes and functions.
(h) Shoreline armoring structures should be located and designed based on an understanding of
long-term physical shoreline processes. The structural shoreline armoring should fit the physical
character and hydraulic energy of a specific shoreline reach, which may differ substantially from
adjacent reaches.
(i) Vertical concrete or rock walls should be avoided whenever possible and only be used to
protect shorelines as a last resort and only when extreme measures are required.
(j) Structural shoreline armoring should not interfere with existing or future public access to
public shorelines nor with other appropriate shoreline uses such as navigation, seafood harvest,
or recreation.
(k) When seeking approval for new structural shoreline armoring, the project proponent should
include public access that is consistent with JCC 18.25.290 (Public access).
(l) Proponents of new structural shoreline armoring should coordinate with other affected
property owners and public agencies to address ecological and geo-hydraulic processes,
sediment conveyance and beach management issues for the whole drift sector (net shoreline-
drift cell) or shoreline reach where feasible.
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(m) Where feasible, any failing, harmful, unnecessary, or ineffective structural shoreline
armoring should be removed, and shoreline ecological functions and processes should be
restored using nonstructural methods.
(n) In addition to conforming to the regulations in this program, nonregulatory methods to protect,
enhance, and restore shoreline ecological functions and other shoreline resources should be
encouraged. Nonregulatory methods may include public facility and resource planning, technical
assistance, education, voluntary enhancement and restoration projects, land acquisition and
restoration, or other incentive programs.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Shoreline stabilization may be permitted subject to the provisions of this
program. New structural shoreline armoring is prohibited, except to protect existing public
transportation infrastructure and essential public facilities, in which case it may be allowed as a
conditional use.
(b) Aquatic. Shoreline stabilization may be permitted subject to the provisions of this program.
Structural shoreline armoring to protect existing public transportation infrastructure and existing
essential public facilities may be allowed as a conditional use if allowed in the adjacent upland
environment. Structural shoreline armoring to protect new residential developments is prohibited.
(c) Natural. Shoreline stabilization may be permitted subject to the provisions of this program.
Structural shoreline armoring is prohibited except that structural shoreline armoring to protect
existing public transportation infrastructure and existing essential public facilities may be allowed
as a conditional use.
(d) Conservancy. Shoreline stabilization may be permitted subject to the provisions of this
program. Shoreline armoring structures may be permitted as a conditional use.
(e) Shoreline Residential. Shoreline stabilization may be permitted subject to the provisions of
this program. Shoreline armoring structures may be permitted as a conditional use.
(f) High Intensity. Shoreline stabilization may be permitted subject to the provisions of this
program. Shoreline armoring structures may be permitted as a conditional use.
(3) Regulations – Existing Structural Shoreline Armoring.
(a) Existing structural shoreline armoring, as defined in Article II of this chapter, may be
replaced in kind if there is a demonstrated need to protect public transportation infrastructure,
essential public facilities, and primary structures from erosion caused by currents, tidal action,
or waves and all of the following apply:
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(i) The replacement structure is designed, located, sized, and constructed to assure no net
loss of ecological functions.
(ii) The replacement structure performs the same stabilization function of the existing
structure and does not require additions to or increases in size.
(iii) The replacement structure shall not encroach waterward of the ordinary high water mark
or existing structure unless the residence was occupied prior to January 1, 1992, and there
are overriding safety or environmental concerns. In such cases, the replacement structure
shall abut the existing shoreline stabilization structure.
(b) Removal of older structures is required as new ones are put in place. Exceptions may be
made by the administrator only in cases where removal would cause more ecological
disturbance than leaving the remnant structure in place.
(4) Regulations – Subdivisions and Existing Lots without Structures.
(a) Land subdivisions shall be designed to assure that future development or use of the
established lots will not require structural shoreline armoring.
(b) Use of a bulkhead, revetment or similar shoreline armoring to protect a platted lot where no
primary use or structure presently exists shall be prohibited. Where such shoreline armoring
already exists, property owners are strongly encouraged to remove it.
(c) Structural shoreline armoring for the sole purpose of leveling or extending property or
creating or preserving residential lawns, yards, or landscaping shall be prohibited. Where such
shoreline armoring already exists, property owners are strongly encouraged to remove it.
(5) Regulations – New or Expanded Shoreline Armoring, When Allowed.
(a) Structural shoreline armoring shall be prohibited in or adjacent to lakes and other low energy
environments such as bays, and accreting marine shores. Where such shoreline armoring
already exists, property owners are strongly encouraged to remove it.
(b) New structural shoreline armoring may be permitted and existing structural shoreline
armoring may be expanded only when one or more of the following apply:
(i) When necessary to support a project whose primary purpose is enhancing or restoring
ecological functions.
(ii) As part of an effort to remediate hazardous substances pursuant to Chapter 70.105
RCW.
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(iii) When necessary to protect public transportation infrastructure or essential public
facilities and other options are infeasible.
(iv) When necessary to protect an existing, lawfully established primary water-oriented use,
including a residence but not including a boathouse or other accessory structure, that is in
imminent danger of loss or substantial damage from erosion caused by tidal action,
currents, or waves.
(c) Proposals for new or expanded structural shoreline armoring allowed under subsection (5)(b)
of this section shall clearly demonstrate all of the following before a permit can be issued:
(i) The erosion is not being caused by upland conditions, such as the loss of vegetation or
poor drainage.
(ii) The structural shoreline armoring design is the least environmentally damaging
alternative.
(iii) The shoreline armoring complies with the flood damage prevention regulations in JCC
18.30.070.
(iv) Adverse impacts are fully mitigated according to the prescribed mitigation sequence
such that there is no net loss of shoreline ecological functions or processes.
(v) Alternatives to structural shoreline armoring including vegetative shoreline stabilization,
flexible/natural materials and methods, beach nourishment and other forms of
bioengineering are determined to be infeasible or insufficient.
(d) When evaluating the need for new or expanded structural shoreline armoring, the
administrator shall require the applicant to examine and implement alternatives to structural
shoreline armoring in the following order of preference:
(i) No action (allow the shoreline to retreat naturally).
(ii) Increased building setbacks and/or relocated structures.
(iii) Use of flexible/natural materials and methods, vegetation, beach nourishment,
protective berms, or bioengineered shoreline stabilization.
(e) The county shall require applicants for new or expanded structural shoreline armoring to
provide credible evidence of erosion as the basis for documenting that the primary structure is in
imminent danger from shoreline erosion caused by tidal action, currents, or waves. The evidence
shall:
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(i) Demonstrate that the erosion is not due to landslides, sloughing or other forms of
shoreline erosion unrelated to water action at the toe of the slope; and
(ii) Include an assessment of on-site drainage and vegetation characteristics and their
effects on slope stability; and
(iii) Be prepared by a licensed professional engineer or geologist or other qualified
professional with appropriate credentials.
(6) Regulations – New or Expanded Shoreline Armoring, Design Standards.
(a) New or expanded shoreline armoring shall be designed by a state licensed professional
geotechnical engineer and/or engineering geologist and constructed according to applicable U.S.
Army Corps of Engineers requirements and/or State Department of Fish and Wildlife Aquatic
Habitat Guidelines.
(b) The size of structural shoreline armoring shall be limited to the minimum necessary to
protect the primary use or structure that it is intended to protect.
(c) When shoreline armoring is permitted, is shall be constructed of erosion resistant,
environmentally safe and durable materials that are easy to maintain.
(d) Shoreline armoring shall be designed and constructed with gravel backfill and weep holes so
that natural downward movement of surface or ground water may continue without ponding or
saturation that could compromise the surrounding soil stability.
(e) All forms of structural shoreline armoring shall be constructed and maintained in a manner
that does not degrade the quality of affected waters. The county may require setbacks, buffers,
and/or other measures to achieve these objectives.
(f) Shoreline defense structures shall not be constructed with waste materials such as demolition
debris, derelict vessels, tires, concrete or any other materials which might have adverse toxic or
visual impacts on shoreline areas.
(g) Gabions are prohibited as a means of stabilizing shorelines because of their limited durability
and the potential hazard to shoreline users and the shoreline environment.
(h) Proposals, other than single-family residential developments of more than four lots, that
involve new or expanded shoreline armoring shall incorporate public access features consistent
with JCC 18.25.290 (Public access).
(7) Regulations – Bulkheads.
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(a) Bulkheads shall comply with the regulations noted in subsections (2) through (6) of this
section.
(b) Bulkheads shall meet all of the following criteria:
(i) They shall be located generally parallel to the shoreline. Adequate bank toe protection
shall be provided to ensure bulkhead stability without relying on additional rip-rap; and
(ii) They shall be located so as to tie in flush with existing bulkheads on adjoining properties,
except when adjoining bulkheads do not comply with the design or location requirements set
forth in this program.
(8) Regulations – Revetments.
(a) Revetments shall comply with the regulations noted in subsections (2) through (6) of this
section.
(b) Revetments shall meet all of the following criteria:
(i) Revetments shall be placed landward of associated wetlands; and
(ii) Revetments shall be located sufficiently landward of the stream channel to allow
streams to maintain point bars and associated aquatic habitat through normal accretion; and
(iii) Revetments shall be prohibited on estuarine shores, in wetlands, on point and channel
bars, and in salmon and trout spawning areas.
(c) Revetments or similar structures that have already cut off point bars from the stream shall be
relocated if feasible.
(d) When requesting a permit for a revetment along a stream or river, the applicant shall provide
a geotechnical analysis of stream geomorphology both upstream and downstream of the
proposed revetment site to assess the physical character and hydraulic energy potential of the
specific stream reach and adjacent upstream or downstream reaches. The purpose of such
analysis is to assure that the physical integrity of the stream corridor is maintained, that stream
processes are not adversely affected, and that the revetment will not cause significant damage
to other properties or shoreline functions and processes.
(9) Regulations – Breakwaters, Jetties, and Seawalls.
(a) Breakwaters, jetties, and seawalls shall comply with the regulations noted in subsections (2)
through (6) of this section.
(b) Breakwaters, jetties, and seawalls shall only be allowed when shown to be necessary:
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(i) For purposes of navigation, or fisheries or habitat enhancement; or
(ii) To protect from strong wave action public water-dependent uses such as a harbor,
marina, or port that are located seaward of the existing shoreline; or
(iii) When adverse impacts on water circulation, sediment transport, fish and wildlife
migration, shellfish, and aquatic vegetation can be effectively mitigated.
(c) Open-pile, floating, portable, or submerged breakwaters, or several smaller discontinuous
structures that are anchored in place, shall be preferred over fixed breakwaters.
(10) Regulations – Application Requirements. To verify that the provisions of this section are fully
addressed, the county may require information to support a permit application for any type of
shoreline stabilization. Application information required pursuant to this section shall address the
urgency and risks associated with the specific site characteristics and shall include:
(a) A scaled site plan showing: (i) existing site topography and (ii) the location of existing and
proposed shoreline stabilization, shoreline armoring structures, and any fill including dimensions
indicating distances to the OHWM; and
(b) A description of the processes affecting the site and surrounding areas, including but not
limited to: tidal action and/or waves; slope instability or mass wasting; littoral drift; channel
migration; and soil erosion, deposition, or accretion; and
(c) A description of alternatives to structural approaches, and a thorough discussion of the
environmental impacts of each alternative; and
(d) A description of any proposed vegetation removal and a plan to revegetate the site following
construction; and
(e) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated
effects of the project on water and wave elevations and velocities; and
(f) A biological resource inventory and analysis prepared by a qualified professional biologist that
describes the anticipated effects of the project on fish and wildlife resources; and
(g) A description of opportunities for providing public access to and along the affected shoreline,
as well as any proposed on-site recreational features if applicable; and
(h) A description of any waste and debris disposal sites for materials generated during
construction; and
(i) Any other information that may be required to demonstrate compliance with the review criteria
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referenced in this section. [Ord. 7-13 Exh. A (Art. VII § 8)]
Article VIII. Use-Specific Policies and Regulations
18.25.420 Purpose.
This article describes policies and regulations that apply to specific uses and developments in the
shoreline jurisdiction. The policies and regulations are intended to work in concert with the master
program goals (Article III of this chapter) and the general policies and regulations (Article IV of this
chapter). Policies and regulations that address specific shoreline modifications (e.g., bulkheads,
piers, dredging, etc.) that may be associated with, or accessory to, a specific use are in Article VII of
this chapter. [Ord. 7-13 Exh. A (Art. VIII)]
18.25.430 Agriculture.
(1) Policies.
(a) Agriculture is important to the long-term economic viability of Jefferson County. Consistent
with WAC 173-26-241(3)(a)(ii), this program should not modify or limit ongoing agricultural
activities occurring on agricultural lands.
(b) New agricultural uses and development, as defined in Article II of this chapter, proposed on
land not currently in agricultural use, and conversion of agricultural lands to non-agricultural
uses, should conform to this program.
(c) New agricultural use and development should be managed to:
(i) Prevent livestock intrusion into the water;
(ii) Control runoff;
(iii) Prevent water quality contamination caused by nutrients and noxious chemicals;
(iv) Minimize clearing of riparian areas;
(v) Prevent bank erosion; and
(vi) Assure no net loss of ecological functions and avoid adverse effects on shoreline
resources and values.
(d) New agricultural use and development should preserve and maintain native vegetation
between tilled lands and adjacent water bodies. The width of the native vegetation zone should
vary depending on site conditions with the overall goal being to limit clearing of riparian
corridors.
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(e) Intensive residential, industrial and commercial uses and uses that are unrelated to
agriculture should be located so as not to create conflicts with agricultural uses.
(f) The county should promote cooperative arrangements between farmers and public recreation
agencies so that public use of shorelines does not conflict with agricultural operations.
(g) Existing and new agricultural uses are encouraged to use best management practices to
prevent erosion, runoff, and associated water quality impacts.
(h) The county recognizes the importance of local food production, both on land and in water
areas, when properly managed to control pollution and prevent environmental damage. As
consistent with the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065,
upland finfish aquaculture is considered agricultural production. However, for purposes of this
program, upland finfish aquaculture should instead be managed as aquaculture and aquaculture
activities, as defined in Article II of this chapter.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture
per the aquaculture policies and regulations of this program.
(b) Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per the
aquaculture policies and regulations of this program.
(c) Natural. New agricultural activities are prohibited, except that low intensity agricultural
activities such as grazing may be allowed subject to policies and regulations of this program;
provided, that such low intensity agriculture does not expand or alter agricultural practices in a
manner inconsistent with the purpose of this designation. All other agricultural activities are
prohibited, except upland finfish aquaculture per the aquaculture policies and regulations of this
program.
(d) Conservancy. New agricultural activities may be allowed subject to policies and regulations
of this program.
(e) Shoreline Residential. New agricultural activities may be allowed subject to policies and
regulations of this program.
(f) High Intensity. New agricultural activities may be allowed subject to policies and regulations
of this program.
(3) Regulations.
(a) In accordance with RCW 90.58.065, this program shall not restrict existing agriculture on
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agricultural land.
(b) New agricultural use and development on lands not meeting the definition of agricultural land
shall comply with this program and all of the following regulations:
(i) Manure spreading shall be conducted in a manner that prevents animal wastes from
entering water bodies or wetlands adjacent to water bodies. Manure spreading shall not be
allowed within the floodway or within 25 feet of the ordinary high water mark of any
shoreline, whichever is greater.
(ii) Confinement lots, feeding operations, lot wastes, manure storage or stockpiles, and
storage of noxious chemicals shall not be allowed within floodways or within 200 feet of the
ordinary high water mark of any shoreline, whichever is greater.
(iii) A buffer of naturally occurring or planted native vegetation shall be maintained between
the shoreline and areas used for crops or intensive grazing. The width of the buffer on
marine, river, and lake shorelines shall correspond to the standards of this program.
(iv) Bridges, culverts and/or ramps shall be used to enable livestock to cross streams
without damaging the streambed or banks.
(v) Stock watering facilities shall be provided so that livestock do not need to access
streams or lakes for drinking water.
(vi) Fencing or other grazing controls shall be used as appropriate to prevent bank
compaction, bank erosion, or the overgrazing of, or damage to, shoreline buffer vegetation.
(c) Upland finfish aquaculture use and development shall be subject to the Aquaculture policies
and regulations (JCC 18.25.440). [Ord. 7-13 Exh. A (Art. VIII § 1)]
18.25.440 Aquaculture.
(1) Policies.
(a) Aquaculture is a preferred, water-dependent use of regional and statewide interest that is
important to the long-term economic viability, cultural heritage and environmental health of
Jefferson County.
(b) The county should support aquaculture uses and developments that:
(i) Protect and improve water quality; and
(ii) Minimize damage to important nearshore habitats; and
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(iii) Minimize interference with navigation and normal public use of surface waters; and
(iv) Minimize the potential for cumulative adverse impacts, such as those resulting from in-
water structures/apparatus/equipment, land-based facilities, and substrate
disturbance/modification (including rate, frequency, and spatial extent).
(c) When properly managed, aquaculture can result in long-term ecological and economic
benefits. The county should engage in coordinated planning to identify potential aquaculture
areas and assess long-term needs for aquaculture. This includes working with the Department of
Fish and Wildlife (DFW), the Department of Natural Resources (DNR), area tribes and shellfish
interests to identify areas that are suitable for aquaculture and protect them from uses that would
threaten aquaculture’s long-term sustainability.
(d) Aquaculture use and development should locate in areas where biophysical conditions, such
as tidal currents, water temperature and depth, will minimize adverse environmental impacts.
Individual aquaculture uses and developments should be separated by a sufficient distance to
ensure that significant adverse cumulative effects do not occur.
(e) The county should support tideland aquaculture use and development when consistent with
this program and protect tidelands and bedlands that were acquired and retained under the Bush
and Callow Acts by not permitting non-aquaculture use and development on these tidelands.
(f) Intensive residential uses, other industrial and commercial uses, and uses that are unrelated
to aquaculture should be located so as not to create conflicts with aquaculture operations.
(g) The county should promote cooperative arrangements between aquaculture growers and
public recreation agencies so that public use of public shorelines does not conflict with
aquaculture operations.
(h) Experimental forms of aquaculture involving the use of new species, new growing methods or
new harvesting techniques should be allowed when they are consistent with applicable state and
federal regulations and this program.
(i) The county should support community restoration projects associated with aquaculture when
they are consistent with this program.
(j) Commercial and recreational shellfish areas including shellfish habitat conservation areas are
critical habitats. Shellfish aquaculture activities within all public and private tidelands and
bedlands are allowed uses. Such activities include but are not limited to bed marking,
preparation, planting, cultivation, and harvest.
(k) Chemicals and fertilizers used in aquaculture operations should be used in accordance with
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state and federal laws, and this program.
(l) The county recognizes upland finfish aquaculture is considered a type of agricultural
production by the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065.
However, for purposes of this program, upland finfish aquaculture should instead be managed as
aquaculture and aquaculture activities, as defined in Article II of this chapter.
(m) Finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers,
pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms,
feed, or other materials known to be harmful into surrounding waters should not be allowed
unless significant impacts to surrounding habitat and conflicts with adjacent uses are effectively
mitigated.
(n) The county should prefer all finfish aquaculture use and development (in-water and upland)
that operates with fully contained systems that treat effluent before discharge to local waters
over open systems.
(o) The county should allow in-water finfish aquaculture in the open waters of the Strait of Juan
de Fuca only when the area seaward of the ordinary high water mark (OHWM) which is subject
to the county’s jurisdiction extends a considerable distance, and when consistent with other
provisions of this program.
(p) The county should prohibit in-water finfish aquaculture in waters of Jefferson County where
there are habitat protection designations in place and/or water quality issues documented.
(2) Uses and Activities Prohibited Outright.
(a) In-water finfish aquaculture use/development, including net pens as defined in Article II of
this chapter, shall be prohibited in the following areas due to established habitat protection
designations and/or water quality issues:
(i) Protection Island aquatic reserve or within 1,500 feet of the boundary;
(ii) Smith and Minor Islands aquatic reserve or within 1,500 feet of the boundary;
(iii) Discovery Bay, south of the boundary of the Protection Island aquatic reserve;
(iv) South Port Townsend Bay mooring buoy management plan area; and
(v) Hood Canal, south of the line extending from Tala Point to Foulweather Bluff, including
Dabob and Tarboo Bays.
(3) Shoreline Environment Regulations.
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(a) Priority Aquatic. Aquaculture activities may be allowed subject to the use and development
regulations of the adjacent upland shoreline environment, except all finfish aquaculture (in-water
and upland) is prohibited.
(b) Aquatic. Aquaculture activities may be allowed subject to the use and development
regulations of the adjacent upland shoreline environment.
(c) Natural. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to
policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional
use permit (C(d)). All finfish aquaculture is prohibited, except in-water finfish aquaculture may be
allowed with a conditional use permit (C(d)) where the area within the county’s jurisdiction
extends seaward more than eight miles from the OHWM, as measured perpendicularly from
shore. This does not require facilities to locate eight miles offshore; see other provisions of this
section for siting requirements and supplemental maps for additional information.
(d) Conservancy. Aquaculture activities, except for geoduck aquaculture, may be allowed
subject to policies and regulations of this program. Geoduck and upland finfish aquaculture may
be allowed with a conditional use permit (C(d)). In-water finfish aquaculture is prohibited.
(e) Shoreline Residential. Aquaculture activities, except for geoduck aquaculture, may be
allowed subject to policies and regulations of this program. Geoduck aquaculture may be allowed
with a conditional use permit (C(d)). All finfish aquaculture (in-water and upland) is prohibited.
(f) High Intensity. Aquaculture activities may be allowed subject to policies and regulations of
this program, except all finfish aquaculture (in-water and upland) may be allowed with a
conditional use permit (C(d)).
(g) For a summary and graphic approximation of the above shoreline environment regulations
allowance of in-water finfish aquaculture, see Figure 18.25.440.
Figure 18.25.440 – Summary and Maps of SED Allowance for In-Water Finfish
Aquaculture
Shoreline Environment Designations (SEDs)
Waterward Landward
Priority
Aquatic Aquatic Natural Conservancy Shoreline
Residential
High
Intensity
Would in-
water
finfish
aquaculture No Yes No No No Yes
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be allowed
to locate in
this SED?
OHWM
Notes But only
when
the
adjacent
upland
SED
allows
Except
when
there is 8+
miles of
seaward
jurisdiction
Geographic
Limitations:
1 Not within the Protection Island Aquatic Reserve,
the Smith and Minor Islands Aquatic Reserve or
within 1,500 feet of their boundary
2 Not in Discovery Bay, south of the boundary for
the Protection Island Aquatic Reserve, due to
significant water quality concerns
3 Not within the South Port Townsend Bay mooring
buoy management plan area or within 1,500 feet
of the boundary, due to significant water quality
concerns
4 Not in Hood Canal, south of the line from Tala
Point to Foulweather Bluff (Kitsap County), due to
significant water quality concerns
Possible Siting
Locations:
1 Strait of Juan de Fuca
2 Glen Cove
3 Mats Mats
4 Port Ludlow
NOTE: Proposals also have to meet all conditional use permit (CUP) performance standards and
other applicable provisions of this program.
Approximate siting locations are illustrated in the following four maps:
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(4) Regulations – General.
(a) When a shoreline permit is issued for a new aquaculture use or development, that permit
shall apply to the initial siting, construction, and/or planting or stocking of the facility or farm. If
the initial approval is a shoreline substantial development permit, it shall be valid for a period of
five years with a possible one-year extension. If the initial approval is a conditional use permit, it
shall be valid for the period specified in the permit.
(b) Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in
any existing or permitted aquaculture operation is not considered new use/development, and
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shall not require a new permit, unless or until:
(i) The physical extent of the facility or farm is expanded by more than 25 percent or more
than 25 percent of the facility/farm changes operational/cultivation methods compared to the
conditions that existed as of the effective date of this program or any amendment thereto. If
the amount of expansion or change in cultivation method exceeds 25 percent in any 10-year
period, the entire operation shall be considered new aquaculture and shall be subject to
applicable permit requirements of this section; or
(ii) The facility proposes to cultivate species not previously cultivated in the state of
Washington.
(c) Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising
and/or harvesting of planted or naturally occurring shellfish shall not be considered development,
as defined in Article II of this chapter, and shall not require a shoreline substantial development
permit, unless:
(i) The activity substantially interferes with normal public use of surface waters; or
(ii) The activity involves placement of any structures as defined in Article II of this chapter;
or
(iii) The activity involves dredging using mechanical equipment such as clamshell, dipper,
or scraper; or
(iv) The activity involves filling of tidelands or bedlands.
(d) The county shall assess the potential for interference described in subsection (3)(c) of this
section on a case-by-case basis. All proposed new aquaculture uses or developments shall
submit a joint aquatic permit application (JARPA) and SEPA checklist to enable assessment by
the county. Activities shall not be considered to substantially interfere with normal public use of
surface waters, unless:
(i) They occur in, adjacent to or in the immediate vicinity of public tidelands; and
(ii) They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a
regular basis and in a manner that substantially obstructs public access, or passage from
public facilities such as parks or boat ramps; or they exclude the public from more than one
acre of surface water on an ongoing or permanent basis.
(e) Aquaculture activities not listed in subsection (4)(c) of this section and listed activities that
fail to meet any of the criteria in subsection (1)(b) of this section shall require a shoreline
substantial development permit (SDP) or conditional use permit (CUP), and shall be subject to
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all of the following regulations:
(i) Subtidal, intertidal, floating, and upland structures and apparatus associated with
aquaculture use shall be located, designed and maintained to avoid adverse effects on
ecological functions and processes.
(ii) The county shall consider the location of proposed aquaculture facilities/farms to prevent
adverse cumulative effects on ecological functions and processes and adjoining land uses.
The county shall determine what constitutes acceptable placement and concentration of
commercial aquaculture in consultation with state and federal agencies and tribes based on
the specific characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of
the farm/facility.
(iii) Upland structures accessory to aquaculture use that do not require a waterside location
or have a functional relationship to the water shall be located landward of shoreline buffers
required by this program.
(iv) Overwater work shelters and sleeping quarters accessory to aquaculture
use/development shall be prohibited.
(v) Floating/hanging aquaculture structures and associated equipment shall not exceed 10
feet in height above the water’s surface. The administrator may approve hoists and similar
structures greater than 10 feet in height when there is a clear demonstration of need. The
10-foot height limit shall not apply to vessels.
(vi) Floating/hanging aquaculture facilities and associated equipment, except navigation
aids, shall use colors and materials that blend into the surrounding environment in order to
minimize visual impacts.
(vii) Aquaculture use and development shall not materially interfere with navigation, or
access to adjacent waterfront properties, public recreation areas, or tribal harvest areas.
Mitigation shall be provided to offset such impacts where there is high probability that
adverse impact would occur. This provision shall not be interpreted to mean that an operator
is required to provide access across owned or leased tidelands at low tide for adjacent
upland owners.
(viii) Aquaculture uses and developments, except in-water finfish aquaculture, shall be
located at least 600 feet from any National Wildlife Refuge, seal and sea lion haulouts,
seabird nesting colonies, or other areas identified as critical feeding or migration areas for
birds and mammals. In-water finfish facilities, including net pens, shall be located 1,500 feet
or more from such areas. The county may approve lesser distances based upon written
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documentation that U.S. Fish and Wildlife Service (USFWS), Washington Department of
Fish and Wildlife (WDFW) and affected tribes support the proposed location.
(ix) Aquaculture use and development shall be sited so that shading and other adverse
impacts to existing red/brown macro algae (kelp), and eelgrass beds are avoided.
(x) Aquaculture uses and developments that require attaching structures to the bed or
bottomlands shall use anchors, such as helical anchors, that minimize disturbance to
substrate.
(xi) Where aquaculture use and development are authorized to use public facilities, such as
boat launches or docks, the county shall reserve the right to require the applicant/proponent
to pay a portion of the maintenance costs and any required improvements commensurate
with the applicant’s/proponent’s use.
(xii) Aquaculture use and development shall employ nonlethal, nonharmful measures to
control birds and mammals. Control methods shall comply with existing federal and state
regulations.
(xiii) Aquaculture use and development shall avoid use of chemicals, fertilizers and
genetically modified organisms except when allowed by state and federal law.
(xiv) Non-navigational directional lighting associated with aquaculture use and development
shall be used wherever possible and area lighting shall be avoided and minimized to the
extent necessary to conduct safe operations. Non-navigational lighting shall not adversely
affect vessel traffic.
(xv) Aquaculture waste materials and by-products shall be disposed of in a manner that will
ensure strict compliance with all applicable governmental waste disposal standards,
including but not limited to the Federal Clean Water Act, Section 401, and the Washington
State Water Pollution Control Act (Chapter 90.48 RCW).
(f) Prior to approving a permit for floating/hanging aquaculture use and development or bottom
culture involving structures, the county may require a visual analysis prepared by the
applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline.
The analysis shall demonstrate that adverse impacts on the character of those areas are
effectively mitigated.
(5) Regulations – Finfish.
(a) The culture of finfish, including net pens as defined in Article II of this chapter, may be
allowed with a discretionary conditional use approval (C(d)) subject to the policies and
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regulations of this program. All finfish aquaculture (in-water and upland) shall meet, at a
minimum, state-approved administrative guidelines for the management of net pen cultures. In
the event there is a conflict in requirements, the more restrictive requirement shall prevail.
(b) All in-water finfish aquaculture (in-water and upland) proposals for facilities/operations shall:
(i) Provide the county, at the applicant’s/operator’s expense, a site characterization survey,
baseline surveys, and annual monitoring as described in the 1986 Interim Guidelines, or
subsequent documents approved by the state. The applicant/operator shall also provide the
county with copies of all survey and monitoring reports submitted to Washington
Departments of Ecology, Fish and Wildlife, and Natural Resources.
(ii) Submit an operations plan that includes projections for:
(A) Improvements at the site (e.g., pens, booms, etc.) and their relationship to the
natural features (e.g., bathymetry, shorelines, etc.);
(B) Number, size and configuration of pens/structures;
(C) Schedule of development and maintenance;
(D) Species cultured;
(E) Fish size at harvest;
(F) Annual production;
(G) Pounds of fish on hand throughout the year;
(H) Average and maximum stocking density;
(I) Source of eggs, juveniles, and broodstock;
(J) Type of feed used;
(K) Feeding method;
(L) Chemical use (e.g., anti-fouling, antibiotics, etc.); and
(M) Predator control measures.
(iii) Provide county with documentation of adequate property damage and personal injury
commercial insurance coverage as required by Washington Department of Natural
Resources and other agencies.
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(iv) Where the county does not have expertise to analyze the merits of a report provided by
an applicant, the applicant may be required to pay for third-party peer review of said report.
(c) Bottom Sediments and Benthos.
(i) The depth of water below the bottom of any in-water finfish aquaculture facility shall meet
the minimum required by the 1986 Interim Guidelines (i.e., 20 to 60 feet at MLLW), as based
on facility production capacity (Class I, II or III) and the mean current velocity at the site,
measured as noted in the Guidelines or by more current data/methodology.
(ii) In-water finfish aquaculture operations shall be prohibited where mean current velocity is
less than 0.1 knots (five cm/sec).
(iii) The pen configuration (e.g., parallel rows, compact blocks of square enclosures, or
clusters of various sized round enclosures, whether oriented in line with or perpendicular to
the prevailing current direction) of any in-water finfish aquaculture facility shall be designed
and maintained to minimize the depth and lateral extent of solids accumulation.
(iv) The use of unpelletized wet feed shall be prohibited to minimize undigested feed
reaching the benthos or attracting scavengers in the water column.
(v) Anchoring or mooring systems shall utilize adequately sized helical devices or other
methods to minimize disturbance to the benthos.
(d) Water Quality.
(i) All in-water finfish aquaculture facilities shall be designed, located and operated to avoid
adverse impacts to water temperature, dissolved oxygen and nutrient levels, and other
water quality parameters. Facilities must comply with National Pollutant Discharge
Elimination Standards (NPDES) requirements.
(ii) All in-water finfish aquaculture facilities shall monitor water quality and net cleaning
activities to comply with state requirements (including WAC 173-201A-210), especially
during periods of naturally high water turbidity. Additional net cleaning activities shall be
performed, as needed, to ensure state water quality standards are met.
(e) Phytoplankton.
(i) In-water finfish aquaculture facility production capacity shall be limited in nutrient
sensitive areas to protect water quality and shall not exceed 1,000,000 pounds annual
production per square nautical mile. The following shall apply for specific geographic areas:
(A) In the main basin of Puget Sound (area south of the sill at Admiralty Inlet extending
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to the line between Tala Point and Foulweather Bluff, including Port Townsend Bay,
Kilisut Harbor, and Oak Bay, and extending to the county’s boundary midway to
Whidbey Island), annual production shall be limited by the site characteristics in
compliance with this program.
(ii) Applicants shall demonstrate through field and modeling studies that the proposed fish
farms will not adversely affect existing biota.
(f) Chemicals.
(i) Only FDA-approved chemicals shall be allowed on a case-by-case basis for anti-fouling,
predator control and other purposes. The use of tributyltin (TBT) is prohibited and all
chemical use shall be reported to the state as required.
(ii) When necessary, vaccination is preferred over the use of antibiotics. Only FDA-
approved antibiotics shall be used and such use shall be reported to the state as required.
Operator shall take all necessary precautions to ensure that nearby sediments and shellfish
do not accumulate significant amounts of antibiotics.
(g) Food Fish and Shellfish.
(i) All in-water finfish aquaculture facilities shall be located to avoid adverse impacts to
habitats of special significance (as defined in Article II of this chapter) and populations of
food fish and shellfish as follows, as determined on a case-by-case basis:
(A) When adjacent to any wildlife refuge, sanctuary, aquatic reserve or similar area
intended to protect threatened or endangered species, locate a minimum of 300 feet in
all directions from such protected areas;
(B) When water depth is less than 75 feet, locate at least 300 feet down-current and
150 feet in all other directions from significant habitats;
(C) When water depth is greater than 75 feet, locate at least 150 feet from significant
habitat.
(ii) The county shall designate protective buffer zones around habitats of special
significance in accordance with marine area spatial planning efforts led by the state, when
such guidance and methodologies are available.
(h) Importation of New Fish Species. All in-water finfish aquaculture facilities shall comply with
existing state and federal regulations to ensure importation of new and/or nonnative species
does not adversely affect existing and/or native species.
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(i) Genetic Issues.
(i) In compliance with state and federal requirements, in-water finfish aquaculture facilities
that propose to culture species native to local waters should use stocks with the greatest
genetic similarity to local stocks.
(ii) When there is increased risk of interbreeding or establishment of naturalized populations
of the cultured species that would be in conflict with native stocks, only sterile or mono-
sexual fish shall be allowed.
(iii) All in-water finfish aquaculture facilities shall locate a minimum distance from river
mouths where wild fish could be most vulnerable to genetic degradation, as determined on a
case-by-case basis or by state guidance.
(j) Escapement and Disease.
(i) All in-water finfish aquaculture facilities shall comply with state and federal requirements
to control pests, parasites, diseases, viruses and pathogens and to prevent escapement
including, but not limited to, those for certified eggs, approved import/transport and live fish
transfer protocols, escapement prevention, reporting and recapture plans, and disease
inspection and control per RCW 77.15.290, Chapter 77.115 RCW, Chapters 220-76 and 220-
77 WAC and other requirements as appropriate.
(ii) The use of regional broodstock is preferred.
(iii) As consistent with the above mentioned Washington statutes and administrative rules,
and other applicable authorities, all in-water finfish aquaculture facility operators shall
provide the county with a disease response plan to detail specific actions and timelines to
follow when an outbreak is detected. The plan shall address transport permit denial,
quarantine, confiscation, removal, and other possible scenarios, identify what agencies will
be notified or involved, what alternate facilities may be used, a public information/outreach
strategy and other appropriate information.
(k) Marine Mammals and Birds.
(i) All in-water finfish aquaculture facilities shall locate a minimum of 1,500 feet from
habitats of special significance for marine mammals and seabirds.
(ii) Only nonlethal techniques (e.g., anti-predator netting) shall be allowed to prevent
predation by birds and/or mammals on the cultured stocks.
(l) Visual Quality. All in-water finfish aquaculture facilities shall conduct a visual impact
assessment to evaluate and document the following siting and design variables in order to
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minimize visual impacts to adjacent and surrounding uses:
(i) Locate offshore from low bank shorelines rather than high bluff areas where angle of
viewing becomes more perpendicular to the plane of water making the facility more visually
evident.
(ii) Locate offshore a minimum of 1,500 feet from ordinary high water mark, or a minimum of
2,000 feet when higher density residential development (rural residential 1:5, urban growth
area, master planned resort, and preexisting platted subdivisions with density
equivalent/greater to such) is present along the adjacent upland. The county may require a
greater distance as determined by a visual impact assessment.
(iii) Facilities shall be designed to maximize a horizontal profile to repeat the plane of the
water surface rather than project vertically above the water surface. Vertical height shall be
the minimum feasible, not to exceed 10 feet from the surface of the water.
(iv) Facilities shall be designed so that the overall size and surface area coverage does not
exceed 10 percent of the normal cone of vision, dependent on the foreshortening created by
the offshore distance and the average observation height.
(v) Facilities shall be designed to borrow from the form of structures and materials already
in the environment (e.g., pilings, docks, marinas) and to blend with the predominate color
schemes present (i.e., blue, green, gray, neutral earth tones). The colors of white and black
shall be minimized as they have highly variable appearance in response to lighting
conditions. Bright colors such as red, yellow, and orange shall be avoided, unless required
for safety purposes. The use of a variety of materials or colors shall be limited and ordered.
(vi) Facilities proposed to locate in the vicinity of existing in-water finfish aquaculture
facilities shall evaluate the aggregate impacts and cumulative effects of multiple operations
in the same area.
(vii) Facilities shall be designed and located so that the surface area of individual operations
does not exceed two acres of surface coverage and no more than one operation per square
nautical mile.
(viii) Land based access for parking, staging, launching, and storage associated with any in-
water finfish aquaculture facilities shall be evaluated for visual impacts and conflicts with
adjacent upland uses.
(m) Navigation, Military Operations and Commercial Fishing.
(i) When appropriate, in-water finfish aquaculture facilities shall be located close to shore
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and near existing navigational impediments (i.e., marinas, docks).
(ii) All in-water finfish aquaculture facilities shall be designed, located and operated to avoid
conflict with military operations.
(iii) The county shall notify, as appropriate, marinas, ports, recreational and commercial
boating/fishing organizations, and local tribes about comment opportunities during the permit
review process, especially regarding proposed location of fish farm and related navigational
aids.
(n) Human Health. All in-water finfish aquaculture facilities shall be designed, located and
operated to:
(i) Ensure adequate water quality compatible with good husbandry practices;
(ii) Report any known bacteriological characteristics of fish food used;
(iii) Ensure proper storage of fish food to avoid alteration or degradation of feed quality;
(iv) Regularly monitor and report presence of parasites in farmed fish; and
(v) Comply with federal, state and local food safety requirements including, but not limited
to, source identification and country of origin labeling, and hazard analysis and critical
control points plan.
(o) Recreation.
(i) All in-water finfish aquaculture facilities shall ensure compliance with state and federal
requirements, especially when location is proposed near underwater park facilities.
(ii) All in-water finfish aquaculture facilities shall be located a minimum of 1,000 feet from
any recreational shellfish beach, public tidelands, public access facilities (e.g., docks or
boat ramps) or other areas of extensive or established recreational use.
(iii) In-water finfish aquaculture operators shall inform the Notice to Mariners and other
appropriate entities for nautical chart revisions and notify other sources that inform
recreational uses (e.g., boaters, divers, shellfish harvesters).
(p) Noise.
(i) All in-water finfish aquaculture facilities shall be designed, located and operated to:
(A) Ensure compliance with state and federal noise level limits;
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(B) Require mufflers and enclosures on all motorized fish farm equipment;
(C) When appropriate, prefer electric motors over internal combustion engines.
(ii) The county may require an acoustical study, conducted at the applicant’s/operator’s
expense, to ensure any audible impacts are identified and adequately addressed.
(q) Odor. All in-water finfish aquaculture facilities shall be designed, located and operated to:
(i) Ensure compliance with state limits regarding nuisances and waste disposal;
(ii) Follow best management practices including, but not limited to:
(A) Daily removal and disposal of dead fish and other waste;
(B) Regular cleaning of nets and apparatus;
(C) Storage of food in closed containers;
(D) Walkway design and use allows spilled food to fall into the water.
(iii) Maximize the distance between the facility and nearby residential use/development,
downwind location preferred, to minimize impacts resulting from foul odors.
(r) Lighting and Glare.
(i) Facilities shall comply with USCG requirements for operational and navigational lighting.
The height of the light source above the water surface shall be the minimum necessary, not
to exceed 80 inches, unless otherwise specified by state or federal requirements.
(ii) Facilities shall be designed so that any glare or shadows caused by the solar orientation
are minimized.
(iii) Facilities shall utilize materials that minimize glare caused by sunlight or artificial
lighting.
(s) Upland Shoreline Use. All in-water finfish aquaculture facilities shall be designed, located and
operated to minimize incompatible uses and degradation of upland area.
(t) Local Services.
(i) All in-water finfish aquaculture facilities shall be designed, located and operated to:
(A) Provide estimates of high, average, and low volumes of waste to be produced,
including catastrophic events;
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(B) Provide a waste management plan to include the method and frequency of
collection, storage and disposal; and
(C) Ensure compliance with local, state, federal waste disposal requirements.
(ii) Equipment, structures and materials shall not be discarded in the water and shall not be
abandoned in the upland.
(6) Regulations – Application Requirements.
(a) Prior to issuing a permit for any proposed aquaculture use or development, the county may
require copies of permit applications and/or studies required by state and federal agencies to
ensure provisions of this program are met, including, but not limited to, the following information:
(i) Anticipated harvest cycles and potential plans for future expansion or change in species
grown or harvest practices.
(ii) Number, types and dimensions of structures, apparatus or equipment.
(iii) Predator control methods.
(iv) Anticipated levels of noise, light, and odor and plans for minimizing their impacts.
(v) Potential impacts to animals, plants, and water quality due to the discharge of waste
water from any upland development.
(vi) Proof of application for an aquatic lands lease from the Washington State Department of
Natural Resources (DNR) or proof of lease or ownership if bedlands are privately held.
(vii) Department of Health (DOH) Shellfish Certification Number.
(viii) Department of Fish and Wildlife (DFW) commercial aquatic farm or noncommercial,
personal consumption designation.
(ix) Proof of application for any permits required by the U.S. Army Corps of Engineers,
Department of Health, or other agency.
(x) Proof of application for any state and federal permits/approvals including any required
federal consultation under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et
seq., ESA).
(b) Prior to approving a permit for floating/hanging or upland aquaculture use and development or
bottom culture involving structures, the county may require a visual analysis prepared by the
applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline.
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The analysis shall demonstrate that adverse impacts on the character of those areas are
effectively mitigated. [Ord. 7-13 Exh. A (Art. VIII § 2)]
18.25.450 Commercial use.
(1) Policies.
(a) Commercial development should be located, designed and operated to avoid and minimize
adverse impacts on shoreline ecological functions and processes.
(b) Water-related commercial uses should not displace existing water-dependent uses, and
water-enjoyment commercial uses should not displace existing water-related or existing water-
dependent uses, unless there are compelling reasons in the public interest.
(c) Restoration of impaired shoreline ecological functions and processes should be encouraged
as part of commercial development.
(d) Commercial development should be visually compatible with adjacent noncommercial
properties.
(e) Commercial uses located in the shoreline should provide public access in accordance with
JCC 18.25.290 (Public access).
(2) Uses and Activities Prohibited Outright. Commercial parking as a primary use shall be prohibited
within the shoreline jurisdiction.
(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Commercial use and development is prohibited, except that small-scale,
low-intensity water-dependent commercial recreational use and development may be allowed as
a conditional use subject to the use and development regulations of the abutting upland shoreline
environment designation.
(b) Aquatic. Water-dependent and water-related commercial recreational use and development
may be allowed subject to the use and development regulations of the abutting upland shoreline
environment designation. Water-enjoyment and non-water-dependent commercial
use/development is prohibited.
(c) Natural. Commercial use and development is prohibited, except that small-scale, low-
intensity water-dependent commercial recreational use and development may be allowed through
a conditional use permit.
(d) Conservancy. Water-dependent and water-related commercial use and development may be
allowed as a conditional use subject to policies and regulations of this program. Non-water-
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dependent and non-water-related commercial uses/developments are prohibited, except that
small-scale, low-intensity recreational/tourist development/use may be allowed with a conditional
use permit; provided, that a portion of the use/development is water-dependent or water-related.
(e) Shoreline Residential. Water-oriented commercial use and development may be allowed
subject to policies and regulations of this program. Non-water-oriented commercial uses may be
allowed as a conditional use.
(f) High Intensity. Water-oriented commercial use and development may be allowed subject to
policies and regulations of this program. Non-water-oriented commercial uses may be allowed as
a conditional use.
(4) Regulations – Application Requirements.
(a) The county shall require proponents of all commercial use and development to provide the
following information at the time of permit application:
(i) Site plans showing the boundaries of the property and any existing structures, indication
of existing vegetation and topography, locations of adjacent structures, roads or other
infrastructure, and the ordinary high water mark and/or floodway boundary. For comparison,
proposed structures and uses shall be overlaid on a site plan of existing conditions; and
(ii) A description of the specific nature and character of the commercial activity (e.g., water-
dependent, water-related, water-enjoyment, non-water-oriented, or mixed-use), including a
description of the specific components of the proposal; and
(iii) A description of the reason for needing a shoreline location; and
(iv) Any proposed measures to enhance the relationship of the activity to the shoreline; and
(v) A description of the proposed provisions for providing public visual and/or physical
access to the shoreline; and
(vi) A description of mitigation measures proposed to ensure that the development will not
cause significant adverse environmental impacts.
(b) For mixed-use proposals, at least one alternative design depicting a mixture of uses and
activities, structural location, site design, bulk and dimensional configuration, and an alternative
approach to public visual and physical access to the shoreline.
(5) Regulations – Water-oriented Use/Development.
(a) Water-oriented commercial use and development shall be allowed when the proponent
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demonstrates that it will not result in a net loss of shoreline ecological functions or processes, or
have significant adverse impact on other shoreline uses, resources and/or values such as
navigation, recreation and public access.
(b) A use or development shall not be considered water-dependent, water-related or water-
enjoyment until the county determines that the proposed design, layout and operation of the
use/development meet the definition and intent of the water-dependent, water-related or water-
enjoyment designation.
(c) Where existing water-oriented commercial uses are located in shoreline jurisdiction, any
undeveloped and substantially unaltered portion of the waterfront not devoted to water-dependent
use shall be maintained for future water-related use.
(6) Regulations – Non-Water-Oriented Use/Development.
(a) Non-water-oriented commercial uses are prohibited on the shoreline unless they meet the
following criteria:
(i) The use is part of a mixed-use project that includes water-dependent uses and provides
a significant public benefit with respect to the Shoreline Management Act’s objectives such
as providing public access and ecological restoration; or
(ii) Navigability is severely limited at the proposed site and the commercial use provides a
significant public benefit with respect to the Shoreline Management Act’s objectives such as
providing public access and ecological restoration.
(b) When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall
provide public access and/or restore shoreline ecological functions as follows:
(i) When part of a mixed-use development, 80 percent of the shoreline buffer area shall be
restored to provide shoreline ecological functions and processes that approximate the
functions provided by the site in undisturbed or nondegraded conditions.
(ii) When not part of a mixed-use development, the county shall determine the type and
extent of public access and restoration on a case-by-case basis according to the
opportunities and constraints provided by the site.
(c) The county may waive the requirement to provide public access and/or restoration when:
(i) The site is designated as a public access area by a shoreline public access plan, in
which case public access consistent with that plan element shall be provided; or
(ii) The county finds that the size of the parcel and/or the presence of adjacent uses
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preclude restoration of shoreline ecological functions. In such cases, where on-site
restoration is infeasible, equivalent off-site restoration shall be provided consistent with the
policies and regulations of this program.
(d) Where restoration is provided pursuant to this section, buffers protecting the restored area
shall be sized and designed as appropriate to protect shoreline resources based on a specific
restoration plan. The buffer width may differ from the shoreline buffers required in JCC 18.25.270
so as not to encumber adjacent properties, unduly constrain the development site, or create a
disincentive for restoration.
(e) Existing non-water-dependent and non-water-related commercial use or development on
shorelines that conform to this program may be permitted to expand landward, but not waterward
of existing structures, provided the expansion otherwise conforms to this program. [Ord. 7-13
Exh. A (Art. VIII § 3)]
18.25.460 Forest practices.
(1) Policies.
(a) To be consistent with WAC 173-26-241(3)(e), the county should rely on the Forest Practices
Act (Chapter 76.09 RCW), its implementing rules, and the 1999 Forest and Fish Report as
adequate management of commercial forest uses within shoreline jurisdiction, except for forest
conversion activities.
(b) Forest lands should be reserved for long-term forest management and other such uses that
are compatible with forest management.
(c) Forest practices should maintain natural surface and ground water movement patterns and
protect the quality of surface and ground water.
(d) Forest practices should minimize damage to fish and wildlife species and terrestrial, wetland,
and aquatic habitats.
(e) Forest practices should aim to maintain or improve the quality of soils and minimize erosion.
(f) Where slopes are steep or soils are subject to sliding, erosion or high water table, special
practices should be employed to minimize damage to shoreland and water bodies, and adjacent
properties.
(g) Forest practices should be conducted in a manner that minimizes adverse effects on the
aesthetic qualities of shorelines.
(h) Proper road and bridge design, location, and construction and maintenance practices should
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be used to prevent adversely affecting shoreline resources.
(2) Uses and Activities Prohibited Outright. Forest practices below ordinary high water mark on all
shorelines are prohibited.
(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Forest practices are prohibited.
(b) Aquatic. Forest practices are prohibited.
(c) Natural. Forest practices may be allowed with conditional use approval, subject to the
policies and regulations of this program.
(d) Conservancy. Forest practices may be allowed subject to the policies and regulations of this
program.
(e) Shoreline Residential. Forest practices may be allowed subject to the policies and regulations
of this program.
(f) High Intensity. Forest practices may be allowed subject to the policies and regulations of this
program.
(4) Regulations.
(a) Timber harvesting and forest practices activities that do not meet the definition of
development in Article II of this chapter shall be conducted in accordance with the Washington
State Forest Practices Act (Chapter 76.09 RCW), WAC Title 222, and the 1999 Forest and Fish
Report, and any regulations adopted pursuant thereto.
(b) Except as provided in subsections (4)(c) and (d) of this section, timber harvesting and forest
practices activities that do not meet the definition of development in Article II of this chapter shall
not be regulated by this program and shall not require a shoreline permit.
(c) Selective commercial timber cutting on shorelines of statewide significance shall not exceed
30 percent of the merchantable trees in any 10-year period as required by RCW 90.58.150. The
county may allow exceptions to the 30 percent limit with a conditional use permit in accordance
with WAC 173-26-241(3)(e).
(d) Forest practices roads on slopes that exceed 35 percent shall require a conditional use
permit.
(e) Other activities associated with timber harvesting, such as filling, excavation, and building
roads and structures, that meet the definition of development shall be regulated according to the
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general provisions (Article VI of this chapter), shoreline modification provisions (Article VII of
this chapter) and/or the other applicable use-specific provisions (this article) of this program and
shall require a shoreline substantial development permit or conditional use permit as specified in
this program.
(f) Conversion of forest land to nonforestry uses (Class IV Conversion Forest Practices Permit)
shall be reviewed in accordance with the provisions for the proposed nonforestry use and the
general provisions in Article VI of this chapter and shall be subject to any permit requirements
associated with the nonforestry use. [Ord. 7-13 Exh. A (Art. VIII § 4)]
18.25.470 Industrial and port development.
(1) Policies.
(a) In securing shoreline locations for industrial or port development, preference should be given
first to water-dependent industrial or port development, then to water-related industrial or port
development.
(b) Restoration of impaired shoreline ecological functions and processes should be encouraged
as part of industrial and port development.
(c) Industrial and port development should be visually compatible with adjacent noncommercial
properties.
(d) Industrial and port uses located in shoreline jurisdiction should provide public access in
accordance with JCC 18.25.290 (Public access).
(e) Shorelines suitable for deep-water harbors with access to adequate rail, highway and utility
systems should be reserved for water-dependent or water-related industrial and port
development.
(f) Port facilities should be designed to allow the public to view harbor areas and should provide
public facilities that do not interfere with port operations or endanger public health and safety.
(g) Where feasible, transportation and utility corridors serving industrial and port uses should be
located away from the water’s edge to minimize ecological impacts and to reduce the need for
waterfront signs and other infrastructure.
(h) Industrial or port development at deep-water sites should be limited to those uses that
produce long-term economic benefit and minimize environmental impact.
(i) Industrial and port development should be protected from encroachment or interference by
incompatible uses such as residential or commercial uses, which have less stringent siting
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requirements.
(j) Private and public entities should be encouraged to cooperatively use piers, cargo handling,
storage, parking and other accessory facilities in waterfront industrial/port areas.
(k) Log storage is not a desired use of the county’s shoreline and should be allowed only when
adequate measures are taken to minimize adverse impacts. Upland log storage is preferred over
in-water storage.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Industrial/port use and development are prohibited.
(b) Aquatic. Water-dependent and water-related industrial/port use and development may be
allowed as a conditional use, subject to the use and development regulations of the abutting
upland shoreline environment designation. Uses and developments that are not water-dependent
or water-related are prohibited.
(c) Natural. Industrial/port use and development are prohibited.
(d) Conservancy. Only low intensity water-dependent and water-related industrial/port use and
development may be allowed as a conditional use, subject to policies and regulations of this
program. Uses and developments that are not water-dependent or water-related are prohibited,
except that industrial/port use and development that meet the criteria in subsection (5)(a) of this
section may be allowed as a conditional use.
(e) Shoreline Residential. Only low intensity water-dependent and water-related industrial/port
use and development may be allowed subject to policies and regulations of this program. Uses
and developments that are not water-dependent or water-related are prohibited, except that
industrial/port use and development that meet the criteria in subsection (5)(a) of this section may
be allowed as a conditional use.
(f) High Intensity. Water-dependent and water-related industrial/port use and development may
be allowed subject to policies and regulations of this program. Uses and developments that are
not water-dependent or water-related may be allowed as a conditional use.
(3) Regulations – General.
(a) Where industrial and port use/development is allowed, it shall be located, designed, and
constructed in a manner that minimizes adverse impacts to shoreline resources and shall
include mitigation to ensure no net loss of shoreline ecological functions and processes.
(b) Accessory development that does not require a location at or near the water’s edge shall be
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located upland of the water-dependent portions of the development and outside the shoreline
buffer.
(c) Industrial noise caused by volume, frequency, or rhythm shall be muffled or otherwise
controlled. Tsunami, air raid and other public safety warning sirens are exempt from this
requirement. No vibration shall be permitted that is discernible without instruments on any
adjoining non-industrial/port property. The county may require an acoustical study, vibration
assessment, and mitigation as needed to address potential noise or vibration impacts.
(d) Industrial and port facilities shall minimize direct or reflected glare and noxious odors
discernible without instruments from adjacent properties, streets, or water areas, and must
comply with Olympic Region Clean Air Agency (ORCAA) standards.
(e) Docks, piers, pilings and launching facilities accessory to industrial and port development
may be permitted; provided, that they serve a water-dependent or water-related use, and comply
with JCC 18.25.350 (boating facilities).
(f) Storage or disposal of industrial and port wastes shall be prohibited within shoreline
jurisdiction.
(g) Non-water-dependent industrial/port uses may be permitted to occur at facilities previously
approved for water-dependent uses under the following conditions:
(i) A specific occupancy plan has been approved that allows interim uses for a specific
period while the market for water-dependent uses is being developed and the proposed
interim use is consistent with the occupancy plan.
(ii) The period of interim lease or commitment of the space shall not exceed five years. At
the end of five years, a new application for interim use shall be submitted.
(iii) The proponent/applicant has made a good faith effort to obtain water-dependent uses.
The period of the search for water-dependent uses, the notice of availability, listing or
advertising employed, and any inquiries received shall be documented.
(iv) No permanent improvements will be made to the space that require more than five
years of occupancy to repay the investment. No permanent improvements will be made that
will reduce the suitability of the space for water-dependent use.
(4) Regulations – Water-oriented Use/Development.
(a) Water-oriented industrial/port use and development shall be allowed when the
proponent/applicant demonstrates that it will not cause a net loss of shoreline ecological
functions or processes or have significant adverse impact on other shoreline uses, resources
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and/or values such as navigation, recreation and public access.
(b) A use or development shall not be considered water-dependent, water-related or water-
enjoyment until the county determines that the proposed design, layout and operation of the
use/development meet the definition and intent of the water-dependent, water-related or water-
enjoyment designation.
(c) Where existing water-oriented industrial/port uses are located in shoreline jurisdiction, any
undeveloped and substantially unaltered portion of the waterfront not devoted to water-dependent
use shall be maintained for future water-related use.
(d) Water-dependent industry and port facilities shall be located and designed to minimize the
need for initial or recurrent dredging, filling or other harbor and channel maintenance activities.
(5) Regulations – Non-water-oriented Use/Development.
(a) Non-water-oriented industrial/port uses are prohibited in shoreline jurisdiction unless they
meet the following criteria:
(i) The site is physically separated from the shoreline by another property or public right-of-
way; or
(ii) The use is part of a mixed-use project that includes an associated water-dependent use;
or
(iii) Navigability is severely limited at the proposed site; or
(iv) The industrial/port use provides a significant public benefit in the form of public access
and/or ecological restoration.
(b) When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall
provide public access and/or restore shoreline ecological functions. The county shall determine
the type and extent of public access and restoration on a case-by-case basis according to the
opportunities and constraints provided by the site.
(c) The county may waive the requirement to provide public access and/or restoration when:
(i) The site is designated as a public access area by a shoreline public access plan, in
which case public access consistent with that plan element shall be provided; or
(ii) The county finds that the size of the parcel and/or the presence of adjacent uses
preclude restoration of shoreline ecological functions. In such cases, where on-site
restoration is infeasible, equivalent off-site restoration shall be provided consistent with the
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policies and regulations of this program.
(d) Where restoration is provided pursuant to this section, buffers on the restored area shall be
designed as appropriate to protect shoreline resources based on a specific restoration plan. The
buffer width may differ from the shoreline buffers required in JCC 18.25.270 so as not to
encumber adjacent properties or unduly constrain the development site.
(e) Existing non-water-dependent and non-water-related industrial/port development on
shorelines that conforms to this program may be permitted to expand landward, but not
waterward of existing structures provided the expansion otherwise conforms to this program.
(6) Regulations – Log Storage.
(a) In-water storage or rafting of logs is prohibited unless all of the following conditions are met:
(i) There is no feasible upland location; and
(ii) State water quality standards can be met at all times; and
(iii) The storage does not create an impediment to navigation or interfere with other water-
dependent uses; and
(iv) The storage occurs in deep water beyond the photic zone to reduce shading impacts;
and
(v) Overland transportation of logs would cause unacceptable transportation impacts; and
(vi) Depths are sufficient to prevent grounding; and
(vii) Easy let-down devices are employed for placing logs in the water. Free-fall or dumping
of logs into water shall be prohibited.
(b) Dredging to create log storage facilities shall be prohibited.
(c) Log storage facilities shall be located in existing developed areas to the greatest extent
feasible. If a new log storage facility is proposed along an undeveloped shoreline, an alternatives
analysis shall be required.
(d) Existing in-water log storage facilities in habitats used by federally listed threatened or
endangered species shall be reevaluated if use is discontinued for two years or more or if
substantial repair or reconstruction is required.
(e) Offshore log storage shall only be allowed on a temporary basis, and should be located
where natural tidal or current flushing and water circulation are adequate to disperse potential
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contaminants/pollutants.
(f) Appropriate bark and wood debris control, collection and disposal methods shall be employed
at log storage areas, log dumps, raft building areas and mill-side handling zones to prevent wood
debris from entering the water.
(g) Where water depths will permit the floating of bundled logs, they shall be secured in bundles
on land before being placed in the water. Bundles shall not be broken again except on land or at
mill-side.
(7) Regulations – Ship Building and Repair Yard Regulations.
(a) Ship and boat building and repair yards shall employ best management practices to control,
collect and treat surface runoff to protect the quality of affected waters in accordance with
Chapter 90.48 RCW.
(b) Cleaning, surfacing or resurfacing operations occurring over water that may result in the
entry of debris into water shall employ fully intact tarps temporarily affixed to the hull above the
water line. Prior to removing the tarps, the accumulated contents shall be removed and properly
disposed of.
(c) Impervious pavement is required for ship building and repair yards where the wet season
water table is less than four feet below surface level.
(8) Regulations – Application Requirements. The county shall require proponents of all industrial use
and development to provide the following information at the time of permit application:
(a) Site plans showing the boundaries of the property and any existing structures, indication of
existing vegetation and topography, locations of adjacent structures, roads or other
infrastructure, and the ordinary high water mark and/or floodway boundary. For comparison,
proposed structures and uses shall be overlaid on a site plan of existing conditions; and
(b) A description of the specific nature and character of the industrial activity (e.g., water-
dependent or water-related), including a description of the specific components of the proposal;
and
(c) A description of the reason for needing a shoreline location; and
(d) Any proposed measures to enhance the relationship of the activity to the shoreline; and
(e) A description of the proposed provisions for providing public visual and physical access to
the shoreline; and
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(f) A description of potential noise impacts including an acoustical analysis; and
(g) A description of mitigation measures including screening, fencing, and other measures to
ensure that the development will not cause significant adverse environmental impacts. [Ord. 7-
13 Exh. A (Art. VIII § 5)]
18.25.480 Mining.
(1) Policies.
(a) Mining, as defined in Article II of this chapter, should be located and conducted so as to
provide long-term protection of water quality, fish and wildlife species and habitat, to cause the
least amount of disruption to the natural shoreline character, resources and ecology, and to
avoid net loss of ecological functions in accordance with this program and other applicable laws.
(b) Mining should not be located and conducted where unavoidable adverse impacts to other
uses or resources equal or outweigh the benefits from mining.
(c) Mining should not interfere with public access or recreation on the shoreline.
(d) Mining should only be permitted when the proponent provides appropriate studies and
detailed operation plans demonstrating all of the following:
(i) Fish habitat, upland habitat and water quality will not be adversely affected;
(ii) The operation will not adversely affect geo-hydraulic processes, channel alignment, nor
increase bank erosion or flood damages;
(iii) The operation will provide all feasible measures to protect aquatic resources and
anadromous fisheries from pollution related to mining including, but not limited to,
sedimentation and siltation; chemical and petrochemical use and spillage, and storage or
disposal of wastes and spoils.
(e) Mining operations should be located, designed, and managed so that adjoining properties do
not experience adverse impacts from noise, dust or other effects of the operation. The mine
operator should be required to implement mitigation measures to minimize adverse proximity
impacts.
(f) Mining proposals that result in the creation, restoration, or enhancement of habitat for priority
species are preferred over proposals that do not create or improve priority habitat.
(2) Uses and Activities Prohibited Outright. Commercial and industrial extraction and processing of
quarry rock, sand, gravel, cobbles or other minerals along any marine or freshwater lake shoreline, or
waterward of the ordinary high water mark on any stream/river shoreline, are prohibited.
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(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Mining use and development are prohibited.
(b) Aquatic. Mining use and development are prohibited.
(c) Natural. Mining use and development are prohibited, except for transportation of minerals by
road.
(d) Conservancy. Mining use and development are prohibited, except for transportation of
minerals by road.
(e) Shoreline Residential. Mining use and development are prohibited, except for transportation
of minerals by road.
(f) High Intensity. Mining use and development may be allowed as a conditional use (CUP).
(4) Regulations.
(a) All mining activities shall be conducted to ensure compliance with the Washington State
Surface Mining Act (Chapter 78.44 RCW), with JCC 18.20.240, 18.30.070, and 18.40.073, and
with the no net loss provisions of this program.
(b) As defined in Article II of this chapter, the regulations contained in this section shall apply to
all mining operations, including the extraction, primary processing and transport of naturally
occurring materials. For the purposes of this section, primary processing shall be construed to
include screening, crushing, and stockpiling of materials removed from the site where the
processing activity is located. Transport of minerals shall include conveyor systems and barge
terminals that are specifically dedicated to transport of mined materials from the site to the
marketplace.
(c) No material (such as mining overburden, debris and tailings) or equipment shall be placed in
water bodies, critical areas, or floodways and shall be stored so as to prevent erosion or
seepage to surface and ground waters.
(d) To minimize noise, dust, vibration, glare and other adverse impacts, a buffer of at least 100
feet wide shall be maintained between any mining site, including accessory facilities, and
adjacent properties not used for mining operations. The buffer shall consist of undisturbed soils
and native vegetation and shall only include land owned or leased by the mine operator.
(e) The proposed subsequent use of reclaimed mined property shall be consistent with the
provisions of the environment designation in which the property is located and that reclamation
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of disturbed shoreline areas shall provide appropriate ecological processes and functions
consistent with the setting. Approved reclamation programs shall be initiated within 60 days
following the completion of the mineral extraction operations, in consultation with Washington
Department of Natural Resources.
(f) Equipment or apparatus associated with mining operations such as machinery, machine
parts, filters, grease and oil containers and rope shall be removed in a timely manner to an
appropriate upland location. Proposals for mineral extraction and processing shall be
accompanied by a report prepared by a licensed professional geotechnical engineer that includes
a description of all of the following:
(i) Types of materials present on the site;
(ii) Quantity and quality of each material;
(iii) Lateral extent and depth of mineral deposits;
(iv) Depth of overburden and proposed depth of mining;
(v) Cross section diagrams indicating present and proposed elevations and/or extraction
levels;
(vi) Existing drainage patterns, seasonal or continuous, and proposed alterations to
drainage patterns;
(vii) Proposed means of controlling surface runoff and preventing or minimizing erosion and
sedimentation;
(viii) The location and sensitivity of any affected flood hazard areas;
(ix) The overall mineral extraction and processing plan, including scheduling, seasonal
changes in activity levels, and daily operation schedules;
(x) Proposed screening, buffering or fencing plans consistent with the requirements of this
program;
(xi) Anticipated impacts to aquatic and riparian habitat; measures to mitigate or offset
adverse impacts; and
(xii) A proposed reclamation plan that, at a minimum, meets the requirements of Chapter
78.44 RCW. [Ord. 7-13 Exh. A (Art. VIII § 6)]
18.25.490 Recreation.
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(1) Policies.
(a) Public recreation on public lands is a preferred use of the shoreline. Recreational uses and
developments that facilitate the public’s ability to reach, touch, and enjoy the water’s edge, to
travel on the waters of the state, and to view the water and the shoreline are preferred. Where
appropriate, such facilities should be dispersed along the shoreline in a manner that supports
more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial
number of people.
(b) Jefferson County should develop a comprehensive shoreline public access plan in
collaboration with federal, state, and local organizations whose missions include facilitating
public access and recreation opportunities.
(c) Recreational use and development should facilitate appropriate use of shoreline resources
while also conserving them.
(d) Linkages between shoreline parks, recreation areas and public access points with linear
systems (e.g., water trails, hiking paths, bicycle paths, easements and/or scenic drives) should
be provided where feasible.
(e) Recreation facilities should incorporate adequate orientation information and public education
regarding shoreline ecological functions and processes, the effect of human actions on the
environment and the importance of public involvement in shoreline management. Opportunities to
incorporate educational and interpretive information should be pursued in design and operation of
recreation facilities and other amenities such as nature trails.
(f) Recreational use and development should be supported by adequate utility and road facilities,
or located where such facilities may be provided without significant damage to shore features
commensurate with the number and concentration of anticipated users.
(g) The county should encourage the use of street ends and publicly owned lands for shoreline
public access to and development of recreational opportunities.
(h) Recreation use and development should be located and designed in a manner that is
compatible with the surrounding properties.
(i) Recreational developments are encouraged to use low impact development techniques
including but not limited to pervious pavements, to minimize effects associated with stormwater
runoff.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Water-oriented recreational use and development is allowed subject to the
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regulations of the abutting upland shoreline environment designation. Underwater parks may be
allowed as a conditional use. Non-water-oriented recreation is prohibited.
(b) Aquatic. Water-oriented recreational use and development is allowed subject to the
regulations of the abutting upland shoreline environment designation. Underwater parks may be
allowed as a conditional use. Non-water-oriented recreation is prohibited.
(c) Natural. Non-water-oriented recreation is prohibited. Low-intensity water-oriented recreational
use and development may be allowed subject to policies and regulations of this program and the
following criteria:
(i) Essential minor structures such as trails, stairs, small picnic areas, primitive roads,
viewpoints, restrooms or other appropriate sanitary facilities, interpretive facilities, or
development that will not adversely affect shoreline ecological functions and processes are
permitted, subject to policies and regulations of this master program.
(ii) Any necessary landscaping shall use native vegetation.
(iii) Recreational development requiring extensive structures or substantial alterations to
topography or native vegetation is prohibited.
(d) Conservancy. Non-water-oriented recreation is prohibited. Low-intensity water-oriented
recreational use and development is allowed subject to policies and regulations of this program
and the following criteria:
(i) Structures on sites of one acre or less shall not result in more than five percent building
coverage, and total impervious surface shall not exceed 10 percent.
(ii) Structures on sites greater than one acre will not result in more than 10 percent building
coverage, and total impervious surface will not exceed 20 percent.
(iii) Alteration of topography shall be limited to the minimum necessary to accommodate
allowed use and development.
(iv) Recreational use and development will not result in visitor patterns that degrade
shoreline ecological functions.
(e) Shoreline Residential. Water-oriented recreational use and development is allowed subject to
the policies and regulations of this master program. Non-water-oriented recreation may be
allowed as a conditional use.
(f) High Intensity. Water-oriented recreational use and development is allowed subject to the
policies and regulations of this master program. Non-water-oriented recreation is prohibited.
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(3) Regulations.
(a) Water-oriented recreational use/development is a preferred use of the shoreline and shall be
allowed when the proponent demonstrates that it will not result in a net loss of shoreline
ecological functions or processes or have significant adverse impact on other shoreline uses,
resources and/or values such as navigation and public access.
(b) Recreation areas or facilities on the shoreline shall provide physical or visual public access
consistent with JCC 18.25.290 (Public access).
(c) Underwater parks may be permitted when properly sited and associated with adequate
access, restroom facilities and parking. Underwater parks should be located adjacent to existing
parks where feasible.
(d) Non-water-oriented recreational facilities with playing fields or with extensive impervious
surfaces are not preferred, and if permitted shall incorporate best management practices (BMPs)
to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals
and sediment from entering water bodies.
(e) New recreational use/development shall be located landward of the shoreline buffers required
by this program except that components of the recreational use or development that are water-
dependent or water-related may be allowed within the shoreline buffer.
(f) Signs indicating the public’s right to access shoreline areas shall be installed and maintained
in conspicuous locations at recreational facility points of access and entrances.
(g) When a public recreation site abuts private property/tidelands, signs and other similar
markers shall also indicate geographic limits of public access to minimize conflicts with adjacent
use/development.
(h) Where appropriate, recreational development proposals shall include provisions for
nonmotorized access to the shoreline (e.g., pedestrian, water access and bicycle paths).
(i) Proposals for recreational use and development that involve any clearing, grading or
impervious surface shall include a landscape plan that uses species approved by the county.
Native, self-sustaining vegetation shall be used as often as possible. The removal of on-site
native vegetation shall be limited to the minimum necessary for the development of campsites,
selected viewpoints or other permitted structures or facilities and shall be subject to JCC
18.25.310 (Vegetation conservation).
(j) Proposals for recreational development shall include adequate facilities for water supply,
sewage and garbage disposal, and recycling commensurate with the intensity of the proposed
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use. Remotely located sites shall encourage visitors to implement best management practices
(BMPs) such as the tread lightly and leave no trace principles of low impact recreation.
(k) Recreational use and development shall incorporate appropriate mitigation to minimize light
and noise impacts on adjoining land uses. Such measures shall include, but not be limited to,
fencing, screening, and related measures. [Ord. 7-13 Exh. A (Art. VIII § 7)]
18.25.500 Residential.
(1) Policies.
(a) Residential use is not water-dependent but is a preferred use of the shorelines when such
development is planned and carried out in a manner that protects shoreline functions and
processes to be consistent with the no net loss provisions of this program.
(b) All residential use and development should be planned, designed, located, and operated to
avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water
quality and quantity, aesthetics, navigation, and neighboring uses.
(c) All residential use and development should be properly managed to avoid damage to the
shoreline environment and prevent cumulative impacts associated with shoreline armoring,
overwater structures, stormwater runoff, septic systems, introduction of pollutants, and
vegetation clearing.
(d) New residential development should be limited to densities that are consistent with the
Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program.
The density per acre of development should be appropriate to local natural and cultural features.
(e) Low impact development practices and clustering of dwelling units and accessory structures
should be implemented as appropriate to preserve natural features, minimize physical impacts
and reduce utility and road construction and maintenance costs.
(f) New residential development should be planned and built in a manner that avoids the need for
structural shore armoring and flood hazard reduction in accordance with JCC 18.25.380 (Flood
control structures) and 18.25.410 (shoreline stabilization) of this program and other applicable
plans and laws.
(g) Residential development should be designed to:
(i) Maintain or improve ecological functions and processes; and
(ii) Preserve and enhance native shoreline vegetation; and
(iii) Control erosion; and
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(iv) Protect water quality; and
(v) Preserve shoreline aesthetic characteristics; and
(vi) Minimize structural obstructions to public views and normal public use of the shoreline
and the water.
(h) Creation of new residential lots through land division should be designed, configured and
developed to ensure that no net loss of ecological functions and processes occurs from the plat
or subdivision, even when all lots are fully built-out.
(i) Residential developments are encouraged, but not required, to provide public access to the
shoreline. New multi-unit residential development, including subdivision of land into more than
four parcels, is strongly encouraged to provide public access/open space area equal to at least
30 percent of the total development/subdivision area for use by development residents and the
public.
(j) Whenever possible, nonregulatory methods to protect, enhance, and restore shoreline
ecological functions should be encouraged for residential development.
(2) Uses and Activities Prohibited Outright.
(a) In-water, overwater or floating residences or accessory dwelling units, including structures
located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or
open water areas, are prohibited.
(b) Residential development that can be reasonably expected to require structural shore
armoring during the useful life of the structure or within 100 years, whichever is greater, is
prohibited.
(c) Residential development within a channel migration zone or floodway that can be reasonably
expected to require structural flood protection during the useful life of the structure or within 100
years, whichever is greater, is prohibited.
(d) Land division and boundary line adjustments in shoreline jurisdiction are prohibited when
such actions will result in lot configurations that are likely to require:
(i) Significant vegetation removal;
(ii) Structural shore armoring;
(iii) Shoreline modification for erosion control;
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(iv) Flood hazard protection; or
(v) Result in a net loss of shoreline ecological functions and processes at the time of
development of the subdivision and/or during the useful life of the development or within 100
years, whichever is greater.
(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Residential development is prohibited.
(b) Aquatic. Residential development is prohibited.
(c) Natural. Residential development consisting of one single-family residence per existing legal
lot of record may be allowed as a conditional use. Accessory dwelling units shall be prohibited.
(d) Conservancy. Single-family and duplex development may be allowed subject to policies and
regulations of this program. All other residential development may be allowed as a conditional
use.
(e) Shoreline Residential. Residential development is allowed subject to the policies and
regulations of this master program.
(f) High Intensity. Residential development is allowed subject to the policies and regulations of
this master program.
(4) Regulations – Primary Residences and Property Subdivision.
(a) Residential use and development shall be planned, designed, located, and operated to avoid
adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality,
aesthetics, navigation, and neighboring uses.
(b) The buffer requirements in Article VI of this program apply to residences, normal
appurtenances, and accessory dwelling units, except that docks, floats, and beach access
structures and other water-dependent and water-related structures accessory to residential use
may be permitted to encroach into the buffer in accordance with the applicable provisions of this
program. Accessory structures must be sited and designed to not require shoreline armoring
within 100 years.
(c) Cluster development and appropriate low impact development practices shall be required for
development sites constrained by critical areas and/or shoreline buffers.
(d) When zoning regulations allow, proposals for multi-story residential development greater than
35 feet above average grade must include an analysis of how the structure would impact the
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views of surrounding residents. If the proposed residence would block or significantly
compromise the view of a substantial number of residences on adjoining areas, the county shall
limit the height to 35 feet, or require design revisions or relocation to prevent the loss of views to
neighboring properties.
(e) New multi-unit residential development, including subdivision of land into more than four
parcels, shall provide public access/open space for use by development residents and the
public. The county may alter the recommended area threshold per constitutional limits or waive
this requirement if public access is infeasible due to incompatible uses, safety, impacts to
shoreline ecology or legal limitations. The county may require alternatives to on-site physical
access if on-site physical access is infeasible for the reasons noted.
(f) As per Article VI of this chapter, new or expanded subdivisions and planned unit
developments comprised of four or more lots or units shall provide public access to publicly
owned shorelines or public water bodies unless:
(i) The site is designated in a shoreline public access plan for a greater component of public
access; or
(ii) The public access is demonstrated to be infeasible or inappropriate.
(g) New or amended subdivisions, except those for lot line adjustment and lot consolidation
purposes, shall provide public access as required in Article VI of this chapter.
(h) When required for multi-lot/multi-unit residential development, the amount of public
access/open space area shall be determined by site analysis per constitutional limits. The
county may waive this requirement if public access is infeasible due to incompatible uses, risks
to health or safety, impacts to shoreline ecology or legal limitations. In such cases, the county
may require alternatives to on-site physical access if on-site physical access is infeasible for
the reasons noted.
(i) The type and configuration of public access required for multi-unit/multi-lot residential
development shall depend on the proposed use(s) and the following criteria:
(i) Subdivisions within shoreline jurisdiction that have views of water areas shall at a
minimum provide an area from which the public can view the shoreline.
(ii) Subdivisions adjacent to public waterways or tidelands shall provide physical access to
public waters/tidelands that are accessible at low tide or low water.
(5) Regulations – Accessory Structures/Uses.
(a) Accessory dwelling units may be permitted when the primary residential use is allowed
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pursuant to, and only when, other provisions of this program are met.
(b) Accessory structures and uses such as boating facilities, pedestrian beach access
structures, shore armoring and shore stabilization shall be subject to the applicable provisions of
Article VII of this chapter.
(c) A single water-dependent boathouse, as defined in Article II of this chapter, accessory to
single-family residential development may be allowed with a conditional use permit and in
accordance with JCC 18.25.270(5)(d)(iii) and other provisions of this program.
(d) A shoreline substantial development permit or conditional use permit shall be required for all
accessory development that is not considered a normal appurtenance. [Ord. 7-13 Exh. A (Art.
VIII § 8)]
18.25.510 Signs.
(1) Policies.
(a) Signs should be located, designed and maintained to be visually compatible with local
shoreline scenery as seen from both land and water, especially on shorelines of statewide
significance.
(b) Sign location and design should not significantly impair shoreline views.
(c) To avoid continued proliferation of single purpose signs, communities, districts, and/or multi-
use or multi-tenant commercial developments are encouraged to erect single, common use
gateway signs to identify and give directions to local premises and public facilities.
(d) Signs of a commercial or industrial nature should be limited to those areas or premises to
which the sign messages refer.
(e) Off-premises signs (including billboards) should not be located on shorelines except for
approved community gateway or directional signs.
(f) Signs near scenic vistas and viewpoints should be restricted in number, location, and height
so that enjoyment of these areas is not impaired.
(g) Freestanding signs should be located to avoid blocking scenic views and be located on the
landward side of public transportation routes which generally parallel the shoreline.
(h) To minimize negative visual impacts and obstructions to shoreline access and use, low
profile, on-premises wall signs are strongly preferred over freestanding signs or off-premises
wall signs.
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(i) Signs should be designed mainly to identify the premises and nature of enterprise without
unduly distracting uninterested passersby.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height
for water-dependent uses may be allowed subject to the use and development regulations of the
abutting upland shoreline environment designation. No one premises may maintain more than
two signs in a priority aquatic shoreline area.
(b) Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for
water-dependent uses may be allowed subject to the use and development regulations of the
abutting upland shoreline environment designation. No one premises may maintain more than
two signs in an aquatic shoreline area.
(c) Natural. Sign development is prohibited, except for trail marking, hazard warnings, or
interpretive scientific or educational purposes and personal signs. Such allowed signs shall be
limited in size and number to those required to effect their purpose.
(d) Conservancy. Signs may be permitted subject to the policies and regulations of this master
program.
(e) Shoreline Residential. Signs may be allowed subject to the policies and regulations of this
master program.
(f) High Intensity. Signs may be allowed subject to the policies and regulations of this master
program.
(3) Regulations.
(a) Signs shall comply with JCC 18.30.150 and exemptions listed there also apply in this
program.
(b) Plans and designs for non-exempt signs must be submitted for review at the time of shoreline
permit application.
(c) All signs shall be located and designed to minimize interference with vistas, viewpoints, and
visual access to the shoreline.
(d) Overwater signs or signs on floats or pilings shall be prohibited, except when related to
navigation or a water-dependent use.
(e) Illuminated signs shall be hooded, shaded, or directed so as to eliminate glare when viewed
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from surrounding properties or watercourses.
(f) No signs shall be placed in view corridors required as a condition of permit approval under
this master program.
(g) The following types of signs may be permitted, subject to the provisions contained within this
section:
(i) Water navigational signs and highway and railroad signs necessary for operation, safety
and direction;
(ii) Public information/interpretive signs directly relating to a shoreline resource, use or
activity;
(iii) Off-premises, free signs for community identification, information, or directional
purposes;
(iv) Signs with changing messages; provided, that the information displayed is limited to
time, temperature or date or public noncommercial messages;
(v) National, state or institutional flags or temporary decorations customary for special
holidays and similar events of a public nature; and
(vi) Temporary directional signs to public or quasi-public events if removed within 10 days
following the event.
(h) The following types of signs are prohibited:
(i) Signs that impair visual access through view corridors;
(ii) Off-premises, detached outdoor advertising signs;
(iii) Signs that incorporate spinners, streamers, pennants, flashing or blinking lights and
moving devices, except for public highway and railroad signs;
(iv) Signs placed on trees or other natural features; and
(v) Commercial signs for products, services or facilities located off site. [Ord. 7-13 Exh. A
(Art. VIII § 9)]
18.25.520 Transportation.
(1) Policies.
(a) Major new roads, railroads and parking areas should be located outside of the shoreline
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jurisdiction whenever feasible.
(b) Maintenance and repair of existing roads in shoreline jurisdiction shall use all reasonable
methods to minimize adverse impacts on nearby shorelines.
(c) Road and railroad locations should be planned to fit the topographical characteristics of the
shoreline to minimize alterations to natural shoreline conditions.
(d) New transportation facilities should be designed and located to minimize the need for the
following:
(i) Structural shoreline protection measures;
(ii) Modifications to natural drainage systems; and
(iii) Waterway crossings.
(e) Planning for transportation and circulation corridors shall consider location of public access
facilities, and be designed to promote safe and convenient access to those facilities.
(f) Pedestrian trails and bicycle paths along shorelines are encouraged where they are
compatible with the natural character, resources, and ecology of the shoreline.
(g) When transportation corridors are necessary within shoreline jurisdiction, joint-use corridors
are preferred and encouraged for roads, utilities, and motorized forms of
transportation/circulation.
(h) Parking in shoreline areas should be limited to that which directly serves a permitted
shoreline use.
(i) Parking facilities should be located and designed to minimize adverse environmental impacts
to the following, including, but not limited to:
(i) Stormwater runoff;
(ii) Water quality;
(iii) Visual qualities;
(iv) Public access; and
(v) Vegetation and habitat.
(j) Parking areas should be planned to achieve optimum use. Where feasible, parking areas
should serve more than one use (e.g., recreational use on weekends, commercial use on
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weekdays).
(k) Transportation facilities should employ pervious materials and other appropriate low impact
development techniques where soils and geologic conditions are suitable and where such
measures could measurably reduce stormwater runoff.
(2) Uses and Activities Prohibited Outright.
(a) Parking as a primary use shall be prohibited within shoreline jurisdiction.
(b) Parking is prohibited on structures located in or over water.
(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Transportation facilities that provide access to water-dependent or water-
related uses may be allowed as a conditional use subject to the use and development regulations
of the abutting upland shoreline environment designation. New or expanded stream crossings
serving non-water-dependent or non-water-related uses may be allowed as a conditional use
subject to the use and development regulations of the abutting upland shoreline environment
designation.
(b) Aquatic. Transportation facilities that provide access to water-dependent or water-related
uses may be allowed as a conditional use subject to the use and development regulations of the
abutting upland shoreline environment designation. New or expanded stream crossings for non-
water-dependent or non-water-related uses may be allowed as a conditional use subject to the
use and development regulations of the abutting upland shoreline environment designation.
(c) Natural. Transportation facilities are prohibited, except to access approved public
recreational development.
(d) Conservancy. Transportation facilities may be allowed subject to policies and regulations of
this program. Transportation facilities not serving a specific approved use, including roads,
railways, and parking areas, may be allowed as a conditional use, provided there is no feasible
location outside of the shoreline.
(e) Shoreline Residential. Transportation facilities may be allowed subject to policies and
regulations of this program. Transportation facilities not serving a specific approved use,
including roads, railways, and parking areas, may be allowed as a conditional use, provided
there is no feasible location outside of the shoreline.
(f) High Intensity. Transportation facilities may be allowed subject to policies and regulations of
this program. Transportation facilities not serving a specific approved use, including roads,
railways, and parking areas, may be allowed as a conditional use, provided there is no feasible
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location outside of the shoreline.
(4) Regulations – Design and Operation.
(a) New transportation facilities in shoreline jurisdiction shall be located to be as far away from
shoreline features as possible and shall be designed to generally follow natural topography, to
minimize cuts and/or fills, and to avoid adverse impacts to shoreline ecological functions and
processes, including channel migration zones (CMZs). Wherever roads or railway embankments
cross waterways including remnant stream channels and oxbow bends, crossings of ample
cross-section shall be provided to span the feature.
(b) Raised arterial roads or railways shall be built outside the floodway except for necessary
crossings. If built in the floodplain, such routes shall be designed to avoid obstructing
floodwaters. Any parking areas required along such roads shall be located to prevent or
minimize the need for flood control or shoreline armoring. Local access roads in floodplains shall
be built so that floodwaters are not obstructed nor diverted.
(c) Transportation facilities shall be designed so that no significant loss of floodway capacity nor
measurable increase in predictable flood levels will result. Such facilities shall avoid placing
structures within the channel migration zone or any dynamic, shifting channel area.
(d) In instances where water crossing is required, roads shall cross shoreline areas and water
bodies by the shortest, most direct route feasible unless such route would cause more damage
to the environment.
(e) When an in-water or overwater development or structure is required for construction,
operation or maintenance of transportation facilities, it shall meet all provisions of this section
and this program.
(f) Bridge supports and abutments shall be designed and spaced so they do not act as walls
baffling or blocking flood waters, or interrupting stream channel processes or littoral drift.
(g) Bridges and culverts shall be used in accordance with WDFW guidance to protect shoreline
ecological functions and processes. Transportation crossings over ordinary high water in
floodways shall be constructed on open piling, support piers, culverts, or other similar measures
to preserve hydraulic processes.
(h) Parking facilities shall only be permitted in shoreline jurisdiction to support an authorized use
where it can be demonstrated that there are no feasible alternative locations away from the
shoreline.
(i) Transportation facilities shall be constructed of materials that will not adversely affect water
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quality or aquatic plants and animals over the long term. Elements within or over water shall be
constructed of materials approved by applicable state agencies for use in water for both
submerged portions and other components to avoid discharge of pollutants from splash, rain or
runoff. Wood or pilings treated with creosote, pentachlorophenol or other similarly toxic materials
are prohibited. Preferred materials are concrete and steel.
(j) Transportation development shall be carried out in a manner that maintains or improves state
water quality standards for affected waters.
(k) Pervious materials and low impact development techniques shall be used to manage
stormwater runoff where feasible and where conditions are appropriate.
(l) Non-emergency construction and repair work shall be scheduled for that time of year when
seasonal conditions (weather, streamflow) permit optimum feasible protection of shoreline
ecological functions and processes.
(m) Transportation shall be required to make joint use of rights-of-way and to consolidate
crossings of water bodies where adverse impact to the shoreline can be minimized by doing so.
(n) Roads and railroads shall be located to minimize the need for routing surface waters into and
through culverts.
(5) Regulations – Parking.
(a) Parking shall only be permitted in shoreline jurisdiction when necessary to support an
authorized use where it can be demonstrated that there are no feasible alternative locations
away from the shoreline. Parking facilities shall be buffered from the water’s edge and less
intense adjacent land uses by vegetation, undeveloped space, or structures developed for the
authorized primary use to the maximum practicable extent.
(b) Parking areas shall be developed using low impact development techniques whenever
possible including but not limited to the use of permeable surfacing materials.
(c) Parking facilities shall be designed and located to minimize adverse impacts upon abutting
properties. Landscaping shall consist of county-approved vegetation species planted prior to
completion of the parking area. Landscape plantings shall be selected, planted and maintained to
provide effective screening within three years of project completion and through maturity of the
species.
(d) Parking facilities serving individual buildings shall be located landward of the principal
building being served, except when the parking facility is located within or beneath the structure
and is adequately screened, or in cases when an alternate location would have less
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environmental impact on the shoreline.
(e) Parking facilities for shoreline uses shall be designed to provide safe and convenient
pedestrian circulation within the parking area and to the shorelines.
(f) Parking facilities shall be provided with facilities adequate to prevent surface water runoff
from contaminating water bodies, using best available technologies. A parking facility
maintenance program shall be required to assure the proper functioning of drainage facilities
over time. [Ord. 7-13 Exh. A (Art. VIII § 10)]
18.25.530 Utilities.
(1) Policies.
(a) New public or private utilities should be located inland from the land/water interface,
preferably outside of the shoreline, unless:
(i) The utility requires a location adjacent to the water; or
(ii) Alternative locations are infeasible; or
(iii) Utilities are required for permitted shoreline uses consistent with this program.
(b) Utilities should be located and designed to avoid public recreation and public access areas
and significant historic, archaeological, cultural, scientific or educational resources.
(c) Pipeline and cable development should be designed and sited to avoid crossing aquatic
lands. If a water crossing is unavoidable, it should be located in an area that will cause the least
adverse ecological impact, be installed using the methods that minimize adverse impacts, and
be the shortest length feasible.
(d) Utility facilities of all kinds that would require periodic maintenance activities should avoid
shoreline locations to prevent disruption of shoreline ecological functions.
(e) New utilities should use existing transportation and utility sites, rights-of-way and corridors,
rather than creating new corridors.
(f) New utility installations should be planned, designed and located to eliminate the need for
structural shoreline armoring or flood hazard reduction measures.
(g) Utility facilities and corridors should be planned, designed and located to protect scenic
views. Where feasible, conveyance utilities should be placed underground or alongside or under
bridges, unless doing so would cause greater ecological impact or harm.
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(h) Power generating facilities and other utilities using emerging technologies such as tidal
energy generators should be carefully evaluated to ensure that the potential impacts are fully
understood. Before approving such facilities, the county should consider whether the benefits to
the public outweigh the potential impacts. The county should ensure such facilities are designed
and located to protect ecological functions and shoreline resources.
(2) Shoreline Environment Regulations.
(a) Priority Aquatic.
(i) Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines,
sewer outfalls, overwater public utility lines consisting of local distribution lines, water
intakes, and desalinization facility intakes/outfalls may be allowed as conditional uses
subject to policies and regulations of this program and subject to the use and development
regulations of the abutting upland shoreline environment designation.
(ii) All other utility development is prohibited.
(b) Aquatic.
(i) Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines,
sewer outfalls, overwater public utility lines consisting of local distribution lines, water
intakes, and desalinization facility intakes/outfalls may be allowed as conditional uses
subject to policies and regulations of this program and subject to the use and development
regulations of the abutting upland shoreline environment designation.
(ii) Submarine water and sewer lines, fuel pipelines, and sewer outfalls may be allowed as
conditional uses subject to the use and development regulations of the abutting upland
shoreline environment designation.
(iii) Tidal generating facilities may be allowed as a conditional use.
(iv) All other utility development is prohibited.
(c) Natural.
(i) Utility development is prohibited.
(ii) Maintenance of existing utilities is allowed; provided, that the operator makes every
effort to protect shoreline ecological functions and the natural features therein. Removal of
existing utilities is preferred over time.
(iii) Utilities accessory to and serving permitted uses are allowed.
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(d) Conservancy. Utility development consisting of local distribution facilities is allowed subject
to policies and regulations of this program. The following may be allowed as a conditional use,
provided there is no feasible location outside shoreline jurisdiction: sewage outfalls and
treatment plants, overwater communication or power lines, fuel pipelines, and other types of
hazardous material pipelines, regional facilities, including transmission facilities serving
customers outside of Jefferson County, desalinization facilities, and power generating facilities.
Freestanding communication towers are prohibited.
(e) Shoreline Residential. Utility development consisting of local distribution facilities is allowed
subject to policies and regulations of this program. The following may be allowed as a conditional
use, provided there is no feasible location outside shoreline jurisdiction: regional facilities,
including transmission facilities serving customers outside of Jefferson County, desalinization
facilities, and power generating facilities.
(f) High Intensity. Utility development consisting of local distribution facilities is allowed subject
to policies and regulations of this program. The following may be allowed as a conditional use,
provided there is no feasible location outside shoreline jurisdiction: regional facilities, including
transmission facilities serving customers outside of Jefferson County, desalinization facilities,
and power generating facilities.
(3) Regulations – General.
(a) All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially
injurious to water quality are prohibited, except in situations where no other feasible alternative
exists. In those limited instances when permitted, automatic shut-off valves shall be provided on
both sides of the water body, and pipe sleeves shall be used to facilitate repair without future
encroachment on surface waters and wetlands, unless more feasible or technically superior
alternatives exist that provide equivalent protection, as deemed by the administrator.
(b) Utilities that are not water-dependent shall be located outside shoreline buffers unless it is
demonstrated that alternative locations and alternative technology are infeasible.
(c) The construction, operation and maintenance of utilities shall not cause a net loss of
shoreline ecological functions or processes or adversely impact other shoreline resources and
values.
(d) The following information shall be required for all proposals for utility facilities:
(i) A description of the proposed facilities; and
(ii) The rationale and justification for siting the proposed facility within shoreline jurisdiction;
and
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(iii) A discussion of alternative locations considered and reasons for their elimination; and
(iv) A description of the location of other utility facilities in the vicinity of the proposed
project and any plans to include facilities or other types of utilities in the project; and
(v) A plan for the reclamation of areas disturbed both during construction and following
decommissioning and/or completion of the useful life of the facility; and
(vi) A plan for the control of erosion and turbidity during construction and operation; and
(vii) An analysis of alternative technologies; and
(viii) Documentation that utilities avoid public recreation areas and significant natural,
historic or archaeological or cultural sites or that no alternative is feasible and that all
feasible measures to reduce harm have been incorporated into the proposal.
(ix) When feasible, utility lines shall use existing rights-of-way, corridors and/or bridge
crossings and shall avoid duplication and construction of new or parallel corridors in all
shoreline areas.
(e) Utility facilities shall be constructed using techniques that minimize the need for shoreline fill.
When crossing water bodies, pipelines and other utility facilities shall use pier or open pile
construction.
(f) Vegetation clearing during utility installation or maintenance shall be minimized, and disturbed
areas shall be restored or enhanced following project completion consistent with the
requirements of this program.
(4) Regulations – Water Systems.
(a) Components of water systems that are not water-dependent shall be located away from the
shoreline. Private and public intake facilities should be located where there will be no net loss in
ecological functions or adverse impacts upon shoreline resources, values, natural features, or
other users.
(b) Desalinization facilities shall be located outside of critical areas and landward of shoreline
buffers, except for water-dependent components such as water intakes.
(5) Regulations – Essential Public Facilities.
(a) Essential public facilities shall be located, developed, managed, and maintained in a manner
that protects shoreline ecological functions and processes.
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(b) Essential public facilities shall be designed to enhance shoreline public access and
aesthetics.
(c) Essential public facilities shall be located outside of shoreline jurisdiction unless they require
a waterfront location or unless there is no feasible alternative.
(6) Regulations – Sewage Systems.
(a) Outfall pipelines and diffusers are water-dependent but shall be located to minimize adverse
effects on shoreline ecological functions and processes or adverse impacts upon shoreline
resources and values.
(b) Septic tanks and drain fields are prohibited where public sewer is readily available.
(7) Regulations – Solid Waste Facilities.
(a) Facilities for processing and storage and disposal of solid waste are not normally water-
dependent. Components that are not water-dependent shall not be permitted on shorelines.
(b) Disposal of solid waste on shorelines or in water bodies has potential for severe adverse
effects upon ecological processes and functions, property values, public health, natural
resources, and local aesthetic values, and shall not be permitted.
(c) Temporary storage of solid waste in suitable receptacles is permitted as accessory to a
permitted primary use or for litter control.
(8) Regulations – Oil, Gas and Natural Gas Transmission.
(a) Oil, gas and natural gas transmission and distribution pipelines and related facilities shall not
be located in shoreline areas unless alternatives are demonstrated to be infeasible.
(b) Local natural gas service lines shall not be located in shoreline areas unless serving
approved shoreline uses. Crossings of shorelines shall not be approved unless alternatives are
demonstrated to be infeasible.
(c) Developers and operators of pipelines and related facilities for gas and oil shall be required to
demonstrate adequate provisions for preventing spills or leaks, as well as established
procedures for mitigating damages from spills or other malfunctions and shall demonstrate that
periodic maintenance will not disrupt shoreline ecological functions.
(9) Regulations – Electrical Energy and Communication Systems.
(a) Systems components (including substations, towers, and transmission and distribution lines)
that are not water-dependent shall not be located on shorelines unless alternatives are
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infeasible.
(b) Underground placement of lines shall be required for new or replacement lines that are
parallel to the shoreline, and do not cross water bodies. New or replacement lines that cross
water or critical areas may be required to be placed underground depending on impacts on
ecological functions and processes and visual impacts. Poles or supports treated with creosote
or other wood preservatives that may be mobile in water shall not be used along shorelines or
associated wetlands.
(10) Regulations – Power Generation Facilities. Power generation facilities involving emerging
technologies such as tidal energy shall not be permitted until and unless the county determines that
the adverse effects can be fully mitigated and the public benefits clearly outweigh the risks to the
shoreline environment. [Ord. 7-13 Exh. A (Art. VIII § 11)]
Article IX. Permit Criteria and Exemptions
18.25.540 Substantial development permit criteria.
To be authorized, all uses and developments shall be planned and carried out in a manner that is
consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of
whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use
permit is required. [Ord. 7-13 Exh. A (Art. IX § 1)]
18.25.550 Exemptions from shoreline substantial development permit process.
(1) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of
one or more of the listed exemptions may be granted exemptions from the substantial development
permit process.
(2) An exemption from the substantial development permit process is not an exemption from
compliance with the Act or this program, or from any other regulatory requirements. To be authorized,
all uses and developments must be consistent with the policies and provisions of this program and the
Act.
(3) A use or development or use that is listed as a conditional use pursuant to this program or is an
unlisted use or development, must obtain a conditional use permit even if the development or use
does not require a substantial development permit.
(4) When a development or use is proposed that does not comply with the bulk, dimensional and/or
performance standards of this program, such development or use shall only be authorized by approval
of a shoreline variance even if the development or use does not require a substantial development
permit.
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(5) The burden of proof that a development or use is exempt is on the applicant/proponent of the
exempt development action.
(6) If any part of a proposed development is not eligible for exemption, then a substantial development
permit is required for the entire proposed development project.
(7) All permits or statements of exemption issued for development or use within shoreline jurisdiction
shall include written findings prepared by the administrator, including compliance with bulk and
dimensional standards and policies and regulations of this program. The administrator may attach
conditions to the approval of exempt developments and/or uses as necessary to assure consistency
of the project with the Act and this program. [Ord. 7-13 Exh. A (Art. IX § 2)]
18.25.560 Exemptions listed.
The following activities shall be considered exempt from the requirement to obtain a shoreline
substantial development permit in accordance with RCW 90.58.030 and WAC 173-27-040:
(1) Fair Market Value. Any development of which the total cost or fair market value, whichever is
higher, does not exceed $6,416 or as adjusted by WAC 173-27-040, if such development does not
materially interfere with the normal public use of the water or shorelines of the state. For the purpose
of determining whether or not a permit is required, the total cost or fair market value shall be based on
the value of development that is occurring on shorelines of the state as defined in RCW
90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market
value of any donated, contributed or found labor, equipment or materials.
(2) Maintenance and Repair. Normal maintenance or repair of existing structures or developments,
including damage by accident, fire or elements. Normal maintenance includes those usual acts to
prevent a decline, lapse or cessation from a lawfully established condition. Normal repair means to
restore a development to a state comparable to its original condition within a reasonable period after
decay or partial destruction except where repair causes substantial adverse effects to the shoreline
resource or environment. Replacement of a structure or development may be authorized as repair
where such replacement is the common method of repair for the type of structure or development and
the replacement structure or development is comparable to the original structure or development
including but not limited to its size, shape, configuration, location and external appearance and the
replacement does not cause substantial adverse effects to shoreline resources or the environment.
(3) Residential Bulkhead. Construction of the normal protective bulkhead common to single-family
residences. A normal protective bulkhead includes those structural and nonstructural developments
installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an
existing single-family residence and appurtenant structures from loss or damage by erosion. A normal
protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical
or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one
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or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one
foot of wall may be used for backfill. When an existing bulkhead is being repaired by construction of a
vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing
bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such
that an ordinary high water mark has been established by the presence and action of water landward
of the bulkhead, then the replacement bulkhead must be located at or near the actual ordinary high
water mark. Beach nourishment and bioengineering erosion control projects may be considered a
normal protective bulkhead when any structural elements are consistent with the above requirements
and when the project has been approved by the Washington Department of Fish and Wildlife.
(4) Emergency Construction. Emergency construction necessary to protect property from damage by
the elements. An emergency is an unanticipated and imminent threat to public health, safety or the
environment that requires immediate action within a time too short to allow full compliance with this
program. Emergency construction does not include development of new permanent protective
structures where none previously existed. Where new protective structures are deemed by the
administrator to be the appropriate means to address the emergency situation, upon abatement of the
emergency situation the new structure shall be removed or any permit that would have been required,
absent an emergency, pursuant to Chapter 90.58 RCW, Chapter 173-27 WAC or this program, shall
be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW
and this program. As a general matter, flooding or other seasonal events that can be anticipated and
may occur but that are not imminent are not an emergency.
(5) Agriculture. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities, construction of a barn or similar
agricultural structure, and the construction and maintenance of irrigation structures including, but not
limited to, head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing
plants, other activities of a commercial nature, or alteration of the contour of the shorelands by
leveling or filling other than that which results from normal cultivation, shall not be considered normal
or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable
of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land
for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal
livestock wintering operations.
(6) Drainage. Operation and maintenance of any system of dikes, ditches, drains, or other facilities
existing on June 4, 1975, that were created, developed or utilized, primarily as a part of an agricultural
drainage or diking system.
(7) Navigation Aids. Construction or modification, by or under the authority of the Coast Guard or a
designated port management authority, of navigational aids such as channel markers and anchor
buoys.
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(8) Single-Family Residences. Construction on shorelands by an owner, lessee, or contract purchaser
of a single-family residence for their own use or for the use of their family, which residence does not
exceed a height of 35 feet above average grade level and that meets all requirements of the state
agency or local government having jurisdiction thereof. Single-family residence means a detached
dwelling designed for and occupied by one family including those structures and developments within
a contiguous ownership which are a normal appurtenance as defined in Article II of this chapter.
(9) Residential Docks. Construction of an individual/single-user or shared dock for private
noncommercial pleasure craft, for use by the owner, lessee, or contract purchaser of a single-family
or multifamily residence. The private dock exemption applies to dock construction cost as specified in
RCW 90.58.030(3)(e).
(10) Irrigation. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or
other facilities that now exist or are hereafter created or developed as a part of an irrigation system
for the primary purpose of making use of system waters including return flow and artificially stored
ground water for the irrigation of lands; provided, that this exemption shall not apply to construction of
new irrigation facilities proposed after December 17, 2003.
(11) State Property. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface of the water.
(12) Energy Facilities. Any project with a certification from the governor pursuant to Chapter 80.50
RCW.
(13) Site Exploration. Site exploration and investigation activities that are prerequisite to preparation
of a development application for authorization under this program, if:
(a) The activity does not interfere with the normal public use of surface waters;
(b) The activity will have no significant adverse impact on the environment including but not
limited to fish, wildlife, fish or wildlife habitat, water quality and aesthetic values;
(c) The activity does not involve the installation of any structure and, upon completion of the
activity, the vegetation and land configuration of the site are restored to conditions existing
before the activity;
(d) A private entity seeking development authorization under this section first posts a
performance bond or provides other evidence of financial responsibility to the administrator to
ensure that the site is restored to preexisting conditions; and
(e) The activity is not subject to the permit requirements of RCW 90.58.550.
(14) Noxious Weeds. The process of removing or controlling aquatic noxious weeds, as defined in
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RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed
control that are recommended by a final environmental impact statement published by the Department
of Agriculture or the Department of Ecology jointly with other state agencies under Chapter 43.21C
RCW.
(15) Watershed Restoration. Watershed restoration projects as defined herein and by RCW
89.08.460. The administrator shall review the projects for consistency with this program in an
expeditious manner and shall issue its decision along with any conditions within 45 days of receiving
a complete application form from the applicant/proponent. No fee may be charged for accepting and
processing applications for watershed restoration projects as defined in this section.
(16) “Watershed restoration project” means a public or private project authorized by the sponsor of a
watershed restoration plan that implements the plan or part of the plan and consists of one or more of
the following activities:
(a) A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards
of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing
vegetation is removed except as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that employs the principles
of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and
with primary emphasis on using native vegetation to control erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce
impediments to migration of fish, or enhance the fishery resource available for use by all of the
citizens of the state; provided, that any structures, other than a bridge or culvert or in-stream
habitat enhancement structure associated with the project, is less than 200 square feet in floor
area and is located above the ordinary high water mark.
(17) “Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish
and Wildlife, the Department of Ecology, the Department of Transportation, a federally recognized
Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that
provides a general program and implementation measures or actions for the preservation, restoration,
recreation, or enhancement of the natural resource character and ecology of a stream, stream
segment, drainage area or watershed for which agency and public review has been conducted
pursuant to Chapter 43.21C RCW, the State Environmental Policy Act.
(18) A public or private project, the primary purpose of which is to improve fish or wildlife habitat or
fish passage, when all of the following apply:
(a) The project has been approved in writing by the Department of Fish and Wildlife as
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necessary for the improvement of the habitat or passage and appropriately designed and sited to
accomplish the intended purpose;
(b) The project received hydraulic project approval by the Department of Fish and Wildlife
pursuant to Chapter 75.20 RCW; and
(c) The administrator has determined that the project is consistent with this program. The
administrator shall make such determination in a timely manner and provide it by letter to the
project proponent. [Ord. 7-13 Exh. A (Art. IX § 3)]
18.25.570 Statements of exemption.
(1) The administrator is hereby authorized to grant or deny requests for statements of exemption from
the shoreline substantial development permit requirement for uses and developments within
shorelines that are specifically listed above. Such statements shall be applied for on forms provided
by the administrator. The statement shall be in writing and shall indicate the specific exemption of this
program that is being applied to the development, and shall provide a summary of the administrator’s
analysis of the consistency of the project with this program and the Act. As appropriate, such
statements of exemptions shall contain conditions and/or mitigating measures of approval to achieve
consistency and compliance with the provisions of this program and Act. A denial of an exemption
shall be in writing and shall identify the reason(s) for the denial. The administrator’s actions on the
issuance of a statement of exemption or a denial are subject to appeal pursuant to the appeal
provisions in Article X of this chapter.
(2) Exempt activities related to any of the following shall not be conducted until a statement of
exemption has been obtained from the administrator: dredging, flood control works and in-stream
structures, archaeological or historic site alteration, clearing and ground disturbing activities such as
landfill or excavation, dock construction, shore stabilization, freestanding signs, or any development
within a priority aquatic, aquatic or natural shoreline designation; provided, that no separate written
statement of exemption is required for the construction of a single-family residence when a county
building permit application has been reviewed and approved by the administrator; provided further,
that no statement of exemption is required for emergency development pursuant to WAC 173-14-
040(1)(d).
(3) No statement of exemption shall be required for other exempt uses or developments unless the
administrator has cause to believe a substantial question exists as to qualifications of the specific use
or development for the exemption, or the administrator determines there is a likelihood of adverse
impacts to shoreline ecological functions.
(4) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit
under the Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water Pollution
Control Act of 1972, a copy of the written statement of exemption shall be sent to the
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Control Act of 1972, a copy of the written statement of exemption shall be sent to the
applicant/proponent and Ecology pursuant to WAC 173-27-050. [Ord. 7-13 Exh. A (Art. IX § 4)]
18.25.580 Variance permit criteria.
(1) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in
this program where there are extraordinary or unique circumstances relating to the property such that
the strict implementation of this program would impose unnecessary hardships on the
applicant/proponent or thwart the policies set forth in RCW 90.58.020. Use restrictions may not be
varied. In authorizing a variance, special conditions may be attached to the permit by the county or
the Department of Ecology to control any undesirable effects of the proposed use. Final authority for
variance permit decisions shall be granted by the Department of Ecology.
(2) Variances will be granted in any circumstance where denial would result in a thwarting of the
policy enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown
and the public interest shall suffer no substantial detrimental effect.
(3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the
following:
(a) That the strict application of the bulk or dimensional criteria set forth in this program
precludes or significantly interferes with a reasonable permitted use of the property;
(b) That the hardship described above is specifically related to the property, and is the result of
conditions such as irregular lot shape, size, or natural features and the application of this
program, and not, for example, from deed restrictions or the applicant’s/proponent’s own actions;
(c) That the design of the project will be compatible with other permitted activities in the area and
will not cause adverse effects on adjacent properties or the shoreline environment;
(d) That the variance authorized does not constitute a grant of special privilege not enjoyed by
the other properties in the area, and will be the minimum necessary to afford relief;
(e) That the public interest will suffer no substantial detrimental effect;
(f) That the public rights of navigation and use of the shorelines will not be materially interfered
with by the granting of the variance; and
(g) Mitigation is provided to offset unavoidable adverse impacts caused by the proposed
development or use.
(4) In the granting of all variances, consideration shall be given to the cumulative environmental
impact of additional requests for like actions in the area. For example, if variances were granted to
other developments in the area where similar circumstances exist, the total of the variances should
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also remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse
effects to the shoreline ecological functions and processes or other users.
(5) Other factors that may be considered in the review of variance requests include the conservation
of valuable natural resources and the protection of views from nearby roads, surrounding properties
and public areas. In addition, variance requests based on the applicant’s/proponent’s desire to
enhance the view from the subject development may be granted where there are no likely detrimental
effects to existing or future users, other features or shoreline ecological functions and/or processes,
and where reasonable alternatives of equal or greater consistency with this program are not available.
In platted residential areas, variances shall not be granted that allow a greater height or lesser shore
setback than what is typical for the immediate block or area.
(6) Permits and/or variances applied for or approved under other county codes shall not be construed
as shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)]
18.25.590 Conditional use permit criteria.
(1) The purpose of a conditional use permit is to allow greater flexibility in administering the use
regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing
a conditional use, special conditions may be attached to the permit by the county or the Department of
Ecology to control any undesirable effects of the proposed use. Final authority for conditional use
permit decisions rests with the Department of Ecology.
(2) Uses specifically classified or set forth in this program as conditional uses and unlisted uses may
be authorized, provided the applicant/proponent can demonstrate all of the following:
(a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this
program.
(b) That the proposed use will not interfere with normal public use of public shorelines.
(c) That the proposed use of the site and design of the project will be compatible with other
permitted uses within the area.
(d) That the proposed use will not cause adverse effects to the shoreline environment in which it
is to be located.
(e) That the public interest suffers no substantial detrimental effect.
(3) In the granting of all conditional use permits, consideration shall be given to the cumulative
environmental impact of additional requests for like actions in the area. For example, if conditional use
permits were granted for other developments in the area where similar circumstances exist, the sum
of the conditional uses and their impacts should also remain consistent with the policies of RCW
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90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions
and processes or other users.
(4) Permits and/or variances applied for or approved under county zoning or subdivision code
requirements shall not be construed as shoreline variances under this program. [Ord. 7-13 Exh. A
(Art. IX § 6)]
18.25.600 Unclassified uses.
Other uses not specifically classified or set forth in this program, including the expansion or
resumption of a nonconforming use, may be authorized as conditional uses, provided the
applicant/proponent can demonstrate that the proposal will satisfy the criteria set forth above, and that
the use clearly requires a specific site location on the shoreline not provided for under this program,
and extraordinary circumstances preclude reasonable use of the property in a manner consistent with
the use regulations of this program. [Ord. 7-13 Exh. A (Art. IX § 7)]
Article X. Administration and Enforcement
18.25.610 Administrative authority and responsibility.
(1) Administrator. The director of the Jefferson County department of community development or
his/her designee (the administrator) is vested with authority to:
(a) Administer this master program;
(b) Recommend to the hearing examiner approval, approval with conditions, or denial of any
permit applications or revisions in accordance with the policies and regulations of this master
program and the provisions of the Jefferson County Unified Development Code;
(c) Grant written permit exemptions from shoreline substantial development permit requirements
of this master program;
(d) Determine compliance with the State Environmental Policy Act (Chapter 43.21C RCW;
Chapter 197-11 WAC);
(e) Specify the required application forms and submittal requirements including the type, details
and number of copies;
(f) Advise interested citizens and project proponents of the goals, policies, regulations and
procedures of this master program;
(g) Make administrative decisions and interpretations of the policies and regulations of this
master program and the Shoreline Management Act;
(h) Collect applicable fees;
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(h) Collect applicable fees;
(i) Determine that application submittals are substantially complete;
(j) Make field inspections as necessary;
(k) Submit substantial development permit, variance permit and conditional use permit
applications and make written recommendations and findings on such permits to the hearing
examiner for his/her consideration and final action;
(l) Assure that proper notice is given to appropriate persons and the public for all hearings;
(m) Provide technical and administrative assistance to the hearing examiner as required for
effective and equitable implementation of this master program and the Act;
(n) Provide a summary report of the shoreline permits issued in the past calendar year to the
hearing examiner and the Jefferson County board of county commissioners;
(o) Investigate, develop and propose amendments to this master program as deemed necessary
to more effectively and equitably achieve its goals and policies;
(p) Seek remedies for alleged violations of this master program, the provisions of the Act, or of
conditions of any approved shoreline permit issued by the county;
(q) Coordinate information with affected agencies; and
(r) Forward any decision on any permit application to the Washington State Department of
Ecology for filing or action.
(2) Hearing Examiner. The hearing examiner is vested with the authority and responsibility to:
(a) Approve, condition, or deny shoreline substantial development permits, variance permits and
conditional use permits after considering the findings and recommendations of the administrator;
(b) Decide local administrative appeals of the administrator’s actions and interpretations, as
provided in this program and the county Unified Development Code;
(c) Consider shoreline substantial development permit, variance permit and conditional use
permit applications and administrative appeals of the administrator’s actions on regular meeting
days or public hearings;
(d) Review the findings and recommendations for permit applications or appeals of the
administrator’s actions and interpretations;
(e) Approve, approve with conditions, or deny substantial development permits, variance permits
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and conditional use permits;
(f) Conduct public hearings on appeals of the administrator’s actions, interpretations and
decisions;
(g) Base all decisions on shoreline permits or administrative appeals on the criteria established
in this master program; and
(h) At his or her sole discretion, require any project proponent granted a shoreline permit to post
a bond or other acceptable security with the county, conditioned to assure that the project
proponent and/or his or her successors adhere to the approved plans and all conditions attached
to the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent
of the estimated development cost including attached conditions.
(3) Board of Commissioners.
(a) The Jefferson County board of county commissioners (the BOCC) is vested with the
authority to approve any revisions or amendments to this master program in accordance with the
applicable requirements of the Act and the Washington Administrative Code.
(b) The BOCC shall review and act upon any recommendations of the shoreline administrator for
amendments to, or revisions of, this master program. The BOCC shall enter findings and
conclusions setting forth the factors it considered in reaching its decision. To become effective
any amendment to this master program must be reviewed and adopted by the Department of
Ecology pursuant to RCW 90.58.190 and Chapter 173-26 WAC. [Ord. 7-13 Exh. A (Art. X § 1)]
18.25.620 Permit application review.
(1) Determinations of the administrator regarding the geographic applicability of this master program,
permit exemptions and application submittal requirements shall be processed as Type I decisions
pursuant to Chapter 18.40 JCC.
(2) Applications for substantial development permits and variance permits shall be processed as Type
III decisions pursuant to the Chapter 18.40 JCC.
(3) Applications for uses/development listed as an administrative conditional use permit (i.e., “C(a)”)
in Table 18.25.220 shall be processed according to the procedures for Type II land use decisions
established in Article IV of Chapter 18.40 JCC.
(4) Applications for uses/developments listed as discretionary conditional use permits (i.e., “C(d)”) in
Table 18.25.220 shall, at a minimum, be processed according to the procedures for Type II land use
decisions established in Article IV of Chapter 18.40 JCC. However, in accordance with Chapter 18.40
JCC, the administrator may on a case-by-case basis refer a discretionary conditional use permit
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application to the hearing examiner to be processed according to the procedures for Type III land use
decisions established in Article IV of Chapter 18.40 JCC.
(5) All amendments to this master program shall be processed as Type V decisions pursuant to
Chapter 18.40 JCC.
(6) Whenever the administrator issues a determination or recommendation and/or conditions of
approval on a proposal which will result in the denial or substantial alteration of a proposed action,
such determinations will be provided in writing stating the relationship(s) between the ecological
factors, the proposed action and the condition(s). [Ord. 7-13 Exh. A (Art. X § 2)]
18.25.630 Minimum permit application requirements.
A complete application for a substantial development, conditional use, or variance permit shall
contain, as a minimum, all of the information required in any applicable section of this program, all of
the information required in JCC 18.40.100, and any other information the administrator deems
pertinent, including at a minimum:
(1) The name, address and phone number of the applicant/proponent, applicant’s representative,
and/or property owner if different from the applicant/proponent.
(2) The property address and identification of the section, township and range to the nearest quarter,
quarter section or longitude and latitude to the nearest minute.
(3) The name of the shoreline (water body) that the site of the proposal is associated with.
(4) A general description of the property as it exists at the time of application including its use,
physical and ecological characteristics, improvements and structures.
(5) A general description of the project vicinity including adjacent uses, structures and improvements,
development intensity, and physical characteristics.
(6) A vicinity map showing the relationship of the property and proposed development or use to roads,
utilities, existing developments and uses on adjacent properties.
(7) A site plan and/or engineered drawings identifying existing conditions consisting of photographs,
text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all required
information.
(8) Location of the ordinary high water mark of all water bodies within or adjacent to the project
boundary. For any development that requires a precise location of the ordinary high water mark, the
applicant/proponent shall provide a survey and describe the biological and hydrological basis for the
location as indicated on the plans. Where the ordinary high water mark is neither adjacent to or within
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the boundary of the project, the plan shall indicate the distance and direction to the ordinary high
water mark of the adjacent shoreline.
(9) Existing land contours at intervals sufficient to accurately determine the existing character of the
property. Areas within the project boundary that will not be altered by the development may be
indicated as such and contours approximated for that area.
(10) Critical areas as designated in Chapter 18.22 JCC.
(11) A general description of the character of vegetation found on the site.
(12) A description of the existing ecological functions and processes affecting, maintaining, or
influencing the shoreline at/near the project site.
(13) The dimensions and locations of all existing structures and improvements.
(14) The dimensions and locations of all proposed structures and improvements including but not
limited to buildings, paved or graveled areas, roads, utilities, septic tanks and drain fields, material
stockpiles or surcharge, and stormwater management facilities.
(15) Proposed land contours overlain on existing contours. The contours shall be at intervals
sufficient to accurately determine the extent of proposed change to the land that is necessary for the
development. Areas within the project boundary that will not be altered by the development may be
indicated as such and contours approximated for that area.
(16) A summary characterization of the effects of the project on existing ecological functions and
processes in the vicinity of the project. If the project is likely to have adverse effects on shoreline
ecological functions or processes, a mitigation plan shall be provided demonstrating measures that
will be taken to offset impacts.
(17) On all variance applications the plans shall clearly indicate where development could occur
without approval of a variance, the physical features and circumstances on the property that provide a
basis for the request, and the location of adjacent structures and use.
(18) The administrator may vary or waive the requirements in subsection (1) of this section on a
case-by-case basis according to administrative application requirements.
(19) Where other approvals or permits are required for a use or development that does not require an
open record hearing, such approvals or permits shall not be granted until a shoreline approval or
permit is granted. All shoreline approvals and permits shall include written findings prepared by the
administrator documenting compliance with bulk and dimensional standards and other policies and
regulations of this program. [Ord. 7-13 Exh. A (Art. X § 3)]
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18.25.640 Preapplication conferences.
(1) Preapplication conferences are required in accordance with JCC 18.40.090(2) for projects
including, but not limited to:
(a) All Type II and Type III project applications.
(b) Type I project applications proposing impervious surfaces of 10,000 square feet or more
and/or non-single-family structures of 5,000 square feet or more.
(c) All projects involving in-water work or work below the ordinary high water mark.
(2) Preapplication conferences for all types of applications not listed in subsection (1) of this section
or specified by JCC 18.40.090(2) are strongly encouraged, and requests for conferences will be
considered by the administrator on a time-available basis. [Ord. 7-13 Exh. A (Art. X § 4)]
18.25.650 Notice of application and permit application review.
(1) Public notice requirements shall occur in accordance with Chapter 18.40 JCC, Article III and the
following:
(a) Type I permits (statements of exemption) shall not require notice of application or open
record hearing consistent with JCC 18.40.040. However, if a Type I permit is not categorically
exempt under SEPA, then a notice may be required.
(b) The administrator shall issue a notice of application on all Type III project permit applications
in accordance with Chapter 18.40 JCC, Article III.
(2) Permit application review shall occur in accordance with Chapter 18.40 JCC, Article IV. [Ord. 7-13
Exh. A (Art. X § 5)]
18.25.660 Nonconforming development.
The following shall apply to nonconforming uses and developments, as defined in Article II of this
chapter:
(1) Legally established uses, buildings, structures and/or lots of record that do not meet the specific
standards of this program are considered legal nonconforming and may continue as long as they
remain otherwise lawful, and meet the following criteria:
(a) Existing, Permitted, or Vested. The use, building, structure, or lot was existing on the
effective date of initial adoption of this program (December 20, 1974), or any subsequent
amendment thereto, or was authorized under a permit or approval issued, or is otherwise vested
to this program; or
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(b) Variance. A structure for which a variance has been issued; or
(c) Conditional. The existing use is designated as a conditional use under this program and
existed prior to the adoption of this program or the adoption of an applicable amendment hereto
and which has not obtained a conditional use permit; or
(d) Abandoned. As per JCC 18.20.260, the use or structure is not discontinued or abandoned for
a period more than two years. A property owner may be allowed three years if they demonstrate
a bona fide intention to sell or lease the property. For purposes of calculating this time period, a
use is discontinued or abandoned upon the occurrence of the first of any of the following events:
(i) On the date when the land was physically vacated;
(ii) On the date the use ceases to be actively involved in the sale of merchandise or the
provision of services; or
(iii) On the date of termination of any lease or contract under which the nonconforming use
has occupied the land.
(2) Normal maintenance and repair of a nonconforming structure may be allowed in accordance with
JCC 18.25.560, and other provisions of this program.
(3) Any repair, replacement, relocation or expansion/enlargement of a bulkhead shall conform to the
provisions in Article VII of this chapter.
(4) If a nonconforming use or structure is discontinued or abandoned per this section the
nonconforming rights shall expire and any subsequent use shall be conforming.
(5) New single-family residential development on lots whose dimensions do not allow a residence to
be constructed outside the standard shoreline buffer may be allowed without a variance in accordance
with the provision in JCC 18.25.270 (nonconforming lots).
(6) Rebuilding After Damage. If a nonconforming development sustains major structural damage due
to fire, flood or other natural disaster, it may be reconstructed upon its original site and to the
configuration existing immediately prior to the damage, provided:
(a) The rebuilt structure will not cause adverse effects to adjacent properties or to the shoreline
environment; and
(b) The site is geologically stable; and
(c) No horizontal or vertical expansion or enlargement of the footprint or height, or any degree of
relocation, will occur; and
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(d) No degree of relocation will occur, except to increase conformity, in which case the structure
shall be located as far landward as possible or in the least environmentally damaging location
relative to the shoreline or any critical area; and
(e) The submittal of applications for permits necessary to restore the development is begun
within six months of the damage. The administrator may waive this requirement in situations with
extenuating circumstances such as resolution of an estate, or widespread economic or natural
disaster; and
(f) The reconstruction is commenced within two years of the issuance of permits. Administrator
may allow a one year extension.
(7) In-Water/Overwater. When a use or development is not prohibited, replacement of nonconforming
structures or buildings or portions thereof within the aquatic or priority aquatic shoreline area is
allowed and shall comply with program requirements for materials that come in contact with the water
pursuant to Article VI of this chapter. In-water and overwater use/development not allowed by this
program shall not be replaced in-/overwater.
(8) Expansion/Enlargement without Conditional Use Permit or Shoreline Variance – Single-family
Residential. The administrator may allow a one-time landward enlargement or expansion of
nonconforming single-family residences by the addition of space to the exterior of the main structure
or the addition of normal appurtenances without a shoreline conditional use permit or shoreline
variance, provided, and subject to, the following:
(a) The structure is located landward of the ordinary high water mark; and
(b) No lateral or waterward enlargement or expansion beyond the existing structure’s foundation
walls will occur; and
(c) The increase/expansion in total footprint area does not threaten critical areas; and
(d) The increased height does not significantly impair the public’s view of the shoreline.
(e) Enlargements, expansions or additions that increase the total footprint of the existing
structure(s) by up to 10 percent shall be allowed, provided the expansion or addition will not
adversely affect critical areas, significantly impair the ability of a substantial number of people to
view the shoreline or increase the degree of nonconformity.
(f) Enlargements, expansions or additions that increase the total footprint of the existing
structure(s) greater than 10 percent but no more than 25 percent or increase the structure height
up to the limits allowed by this program shall be allowed; provided, that the addition will not
adversely affect critical areas, significantly impair the ability of a substantial number of people to
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view the shoreline, increase the degree of nonconformity, and further provided, that an
equivalent area of shoreline buffer is enhanced through planting of native vegetation. The
administrator shall require a planting plan to ensure this standard is implemented.
(9) Expansion/Enlargement with a Conditional Use Permit.
(a) The administrator shall require a conditional use permit for any of the following:
(i) Enlargement or expansion of nonconforming single-family residences by the addition of
space to the exterior of the main structure or normal appurtenances where the total footprint
will increase by more than 25 percent or the expansion/enlargement occurs vertically,
laterally or landward, but not waterward, of the structure.
(ii) Enlargement or expansion of single-family residences where the addition of space to the
exterior of the main structure is likely to adversely affect critical areas, or is likely to
obstruct the view of an adjacent development.
(iii) When allowed, an equivalent area of shoreline buffer area shall be enhanced through
planting of native vegetation, plus additional mitigation to be required as appropriate. The
administrator shall require a planting plan to ensure this standard is implemented.
(b) Changing an Existing Nonconforming Use. A structure that is being or has been used for a
nonconforming use may be used for a different nonconforming use only upon the approval of a
conditional use permit, provided all the following criteria are met:
(i) No reasonable alternative conforming use is practical because of the configuration of the
structure and/or the property; and
(ii) The proposed use will be at least as consistent with the policies and provisions of the
Act and this program and as compatible with the uses in the area as the preexisting use;
and
(iii) The use or activity is enlarged, intensified, increased or altered only to the minimum
amount necessary to achieve the intended functional purpose; and
(iv) The structure(s) associated with the nonconforming use shall not be expanded in a
manner that increases the extent of the nonconformity including encroachment into areas,
such as setbacks and/or buffers established by this program, where new structures,
development or use would not be allowed; and
(v) The vegetation conservation standards of Article VI of this chapter are met; and
(vi) The change in use, remodel or expansion will not create adverse impacts to shoreline
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ecological functions and/or processes; and
(vii) Uses which are specifically prohibited or which would thwart the intent of the Act or this
program shall not be authorized.
(viii) Nonconforming structures with conforming uses within commercial or mixed-use
developments may be expanded or enlarged within the existing building footprint as a
conditional use.
(10) Expansion/Enlargement with a Shoreline Variance.
(a) Single-Family Residential. Enlargement or expansion of single-family residences that extends
waterward beyond the existing residential foundation walls, further into a critical area, further into
the minimum required side yard setback, or that increases the structure height above the limits
established by this program shall require a variance.
(b) Non-Single-Family Residential. Nonconforming structures, other than nonconforming single-
family residences, that are expanded, enlarged or relocated, must obtain a variance or be
brought into conformance with this program and the Act. Any nonconforming development that is
moved any distance must be moved to comply with the bulk and dimensions requirements of this
program. [Ord. 7-13 Exh. A (Art. X § 6)]
18.25.665 State Environmental Policy Act (SEPA) compliance.
(1) Whenever an application for shoreline substantial development permit, shoreline variance,
shoreline conditional use permit, or statement of exemption is subject to the rules and regulations of
SEPA (Chapter 43.21C RCW), the review requirements of SEPA, including time limitations, shall
apply, where applicable.
(2) Applications for shoreline permit(s) or approval(s) that are not categorically exempt shall be
subject to environmental review by the responsible official of Jefferson County pursuant to the State
Environmental Policy Act (Chapter 197-11 WAC).
(3) As part of SEPA review, the responsible official may require additional information regarding the
proposed development in accordance with Chapter 197-11 WAC.
(4) Failure of the applicant/proponent to submit sufficient information for a threshold determination to
be made shall be grounds for the responsible official to determine the application incomplete. [Ord. 7-
13 Exh. A (Art. X § 7)]
18.25.670 Burden of proof.
Permit applicants/proponents have the burden of proving that the proposed development is consistent
with the criteria set forth in the Act and this program. [Ord. 7-13 Exh. A (Art. X § 8)]
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18.25.680 Permit conditions.
In granting, revising, or extending a shoreline permit, the administrator may attach such conditions,
modifications, or restrictions thereto regarding the location, character, and other features of the
proposed development deemed necessary to assure that the development will be consistent with the
policy and provisions of the Act and this program as well as the supplemental authority provided in
Chapter 43.21 RCW as applicable. In cases involving unusual circumstances or uncertain effects, a
condition may be imposed to require monitoring with future review or reevaluation to assure
conformance with the Act and this program. [Ord. 7-13 Exh. A (Art. X § 9)]
18.25.690 Public hearings.
(1) Public hearings shall occur in accordance with JCC 18.40.230 and 18.40.300.
(2) Public hearing requirements for permit appeals shall be processed according to JCC 18.40.330;
provided, that appeals of a determination regarding a statement of exemption shall occur in
accordance with JCC 18.40.390. The fee for such appeal shall be as set forth in the Jefferson County
fee ordinance and must be paid by the appellant at the time of filing the appeal. [Ord. 7-13 Exh. A (Art.
X § 10)]
18.25.700 Expiration of permits and permit exemptions.
The following time requirements shall apply to all permit exemptions, substantial development permits
and to any development authorized pursuant to a variance permit or conditional use permit:
(1) Construction shall be commenced or, where no construction is involved, the use or activity shall
be commenced within two years of the effective date of the permit or permit exemption; provided, that
the administrator may authorize a single extension based on reasonable factors, if a request for
extension has been filed before the expiration date and notice of the proposed extension is given to
parties of record and the Department of Ecology.
(2) Authorization to conduct development activities shall terminate five years after the effective date
of a permit or permit exemption; provided, that the shoreline administrator may authorize a single
extension for a period not to exceed one year based on reasonable factors, if a request for extension
has been filed before the expiration date and notice of the proposed extension is given to parties of
record and the Department of Ecology. [Ord. 7-13 Exh. A (Art. X § 11)]
18.25.710 Permits and permit exemptions – Effective date.
(1) The effective date of a shoreline permit or permit exemption shall be the date of the last action
required on the shoreline permit or permit exemption and all other government permits and approvals
that authorize the development to proceed, including all administrative and legal actions on any such
permit or approval.
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(2) It is the responsibility of the project proponent to inform the administrator of the permit applications
filed with agencies other than Jefferson County and of any related administrative and legal actions on
any permit or approval. If no notice of the permits or approvals is given to the administrator prior to
the date established by the shoreline permit, permit exemption, or the provisions of this section, the
expiration of a permit shall be based on the shoreline permit or permit exemption. [Ord. 7-13 Exh. A
(Art. X § 12)]
18.25.720 Satisfaction of conditions required prior to occupancy or use.
When permit or permit exemption approval is based on conditions, such conditions shall be satisfied
prior to occupancy or use of a structure or prior to commencement of a nonstructural activity;
provided, that an alternative compliance limit may be specified in the permit or permit exemption.
[Ord. 7-13 Exh. A (Art. X § 13)]
18.25.730 Revisions following expiration of original permit or permit exemption.
Revisions to permits and permit exemptions may be authorized after original permit or permit
exemption authorization has expired; provided, that this procedure shall not be used to extend the
original permit or permit exemption time requirements or to authorize substantial development after
the time limits of the original permit or permit exemption. [Ord. 7-13 Exh. A (Art. X § 14)]
18.25.740 Extensions – Notice to Ecology.
The shoreline administrator shall notify the Department of Ecology in writing of any change to the
effective date of a substantial development permit, variance permit or conditional use permit as
authorized by this section, with an explanation of the basis for approval of the change. Any change to
the time limits of a permit or permit exemption other than those authorized by this section shall
require a new permit application. [Ord. 7-13 Exh. A (Art. X § 15)]
18.25.750 Notice of decision, reconsideration and appeal.
(1) A notice of decision for action on a shoreline substantial development permit, shoreline variance,
or shoreline conditional use permit shall be provided to the applicant/proponent and any party of
record in accordance with the procedures of Chapter 18.40 JCC and at least 10 days prior to filing
such decisions with the Department of Ecology pursuant to WAC 173-27-130. Decisions filed with the
Department of Ecology shall contain the following information:
(a) A copy of the complete application;
(b) Findings and conclusions that establish the basis for the decision including but not limited to
identification of shoreline environment designation, applicable master program policies and
regulations and the consistency of the project with appropriate review criteria for the type of
permit(s);
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(c) The final decision of the local government;
(d) Where applicable, local government shall also file the applicable documents required by
SEPA, or in lieu thereof, a statement summarizing the actions and dates of such actions taken
under Chapter 43.21C RCW; and
(e) When the project has been modified in the course of the local review process, plans or text
shall be provided that clearly indicate the final approved plan.
(2) A notice of decision for shoreline statements of exemption shall be provided to the
applicant/proponent and any party of record. Such notices shall also be filed with the Department of
Ecology, pursuant to the requirements of WAC 173-27-050 when the project is subject to one or more
of the following federal permitting requirements:
(a) A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of
1899. (The provisions of Section 10 of the Rivers and Harbors Act generally apply to any project
occurring on or over navigable waters; specific applicability information should be obtained from
the Corps of Engineers.); or
(b) A Section 404 permit under the Federal Water Pollution Control Act of 1972 (the provisions of
Section 404 of the Federal Water Pollution Control Act generally apply to any project which may
involve discharge of dredge or fill material to any water or wetland area; specific applicability
information should be obtained from the Corps of Engineers).
(3) This program shall only establish standing for parties of record for shoreline substantial
development permits, shoreline variances, or shoreline conditional use permits. Standing as a party of
record is not established by this program for exempt actions; provided, that in such cases standing
may be established through an associated permit process that provides for public notice and
provisions for parties of record.
(4) The applicant/proponent or any party of record may request reconsideration of any final action by
the decision maker within 10 days of notice of the decision. Such requests shall be filed on forms
supplied by the county. Grounds for reconsideration must be based upon the content of the written
decision. The decision maker is not required to provide a written response or modify his/her original
decision. He/she may initiate such action as he/she deems appropriate. The procedure of
reconsideration shall not preempt or extend the appeal period for a permit or affect the date of filing
with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit
appeal period.
(5) Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development
permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/proponent
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or any aggrieved party pursuant to RCW 90.58.180 within 21 days of filing the final decision by
Jefferson County with the Department of Ecology. [Ord. 7-13 Exh. A (Art. X § 16)]
18.25.760 Initiation of development.
(1) Development pursuant to a shoreline substantial development permit, shoreline variance, or
conditional use shall not begin and shall not be authorized until 21 days after the “date of filing” or until
all review proceedings before the Shoreline Hearings Board have terminated.
(2) Date of Filing. “Date of filing” of a substantial development permit is the date of actual receipt of
the decision by the Department of Ecology. The “date of filing” for a shoreline variance or shoreline
conditional use permit shall mean the date the permit decision rendered by the Department of Ecology
is transmitted by the Department of Ecology to the county and the applicant/proponent. [Ord. 7-13
Exh. A (Art. X § 17)]
18.25.770 Permit revisions.
(1) A permit revision is required whenever the applicant/proponent proposes substantive changes to
the design, terms or conditions of a project from that which is approved in the permit. Changes are
substantive if they materially alter the project in a manner that relates to its conformance to the terms
and conditions of the permit, this program or the Act. Changes that are not substantive in effect do not
require a permit revision.
(2) An application for a revision to a shoreline permit shall be submitted to the administrator. The
application shall include detailed plans and text describing the proposed changes. The county decision
maker that approved the original permit may approve the request upon a finding that the proposed
changes are within the scope and intent of the original permit, and are consistent with this program
and the Act.
(3) “Within the scope and intent of the original permit” means all of the following:
(a) No additional overwater construction is involved except that a pier, dock or floating structure
may be increased by 10 percent over that approved under the original permit;
(b) Ground area coverage and/or height may be increased a maximum of 10 percent over that
approved under the original permit; provided, that the revised permit does not authorize
development to exceed the height, lot coverage, setback or any other requirements of this
program except as authorized under a variance granted for the original development;
(c) Additional or revised landscaping is consistent with any conditions attached to the original
permit and with this program;
(d) The use authorized pursuant to the original permit is not changed; and
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(e) The revision will not cause adverse environmental impacts beyond those originally authorized
in the permit.
(4) Revisions to shoreline permits may be authorized after the original permit authorization has
expired. Revisions made after the expiration of the original permit shall be limited to changes that are
consistent with this program and that would not require a permit under this program. If the proposed
change is a substantial development as defined by this program, then a new permit is required. The
provisions of this paragraph shall not be used to extend the time requirements or to authorize
substantial development beyond the time limits or scope of the original permit.
(5) A new permit shall be required if the proposed revision and any previously approved revisions in
combination would constitute development beyond the scope and intent of the original permit.
(6) Upon approval of a permit revision, the decision maker shall file with the Department of Ecology a
copy of the revised site plan and a detailed description of the authorized changes to the original permit
together with a final ruling and findings supporting the decision based on the requirements of this
section. In addition, the decision maker shall notify parties of record of the action.
(a) If the proposed revision is to a development for which a shoreline conditional use or variance
was issued, the decision maker shall submit the revision to the Department of Ecology for
approval with conditions or denial, and shall indicate that the revision is being submitted under
the requirements of this paragraph. Under the requirements of WAC 173-27-110(6), the
Department of Ecology shall render and transmit to the decision maker and the
applicant/proponent its final decision within 15 days of the date of the Department of Ecology’s
receipt of the submittal from the decision maker. The decision maker shall notify parties on
record of the Department of Ecology’s final decision. Appeals of a decision of the Department of
Ecology shall be filed in accordance with the provisions of WAC 173-27-110(8). [Ord. 7-13 Exh.
A (Art. X § 18)]
18.25.780 Rescission and modification.
(1) Any shoreline permit granted pursuant to this program may be rescinded or modified upon a
finding by the hearing examiner that the permittee or his/her successors in interest have not complied
with conditions attached thereto. A specific monitoring plan may be required as a condition of a permit
with specific reporting requirements. If the monitoring plan is not implemented, the permittee may be
found to be noncompliant. The results of a monitoring plan may show a development to be out of
compliance with specific performance standards, which may be the basis for findings of
noncompliance.
(2) The administrator shall initiate rescission or modification proceedings by serving written notice of
noncompliance to the permittee or his/her successors and notifying parties of record at the original
address provided in application review files.
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(3) The hearing examiner shall hold a public hearing no sooner than 15 days following such service of
notice, unless the applicant/proponent files notice of intent to comply and the administrator grants a
specific schedule for compliance. If compliance is not achieved, the administrator shall schedule a
public hearing before the hearing examiner. Upon considering written and oral testimony taken at the
hearing, the hearing examiner shall make a decision in accordance with the above procedure for
shoreline permits.
(4) These provisions do not limit the administrator, the prosecuting attorney, the Department of
Ecology or the Attorney General from administrative, civil, injunctive, declaratory or other remedies
provided by law, or from abatement or other remedies. [Ord. 7-13 Exh. A (Art. X § 19)]
18.25.790 Violations and penalties.
(1) In addition to incurring civil liability under JCC 18.50.110 and RCW 90.58.210, pursuant to RCW
90.58.220, any person found to have willfully engaged in activities on shorelines of the state in
violation of the provisions of the Act or of this program, or other regulations adopted pursuant thereto,
shall be punished by:
(a) A fine of not less than $25.00 or more than $1,000;
(b) Imprisonment in the county jail for not more than 90 days; or
(c) Both such fine and imprisonment; provided, that the fine for the third and all subsequent
violations in any five-year period shall not be less than $500.00 nor more than $10,000; provided
further, that fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be
determined under RCW 90.58.560.
(2) Any person who willfully violates any court order or injunction issued pursuant to this program
shall be subject to a fine or imprisonment or both, neither of which shall exceed the maximum fine or
imprisonment stated in RCW 9.92.020 as currently enacted or as may hereafter be amended. [Ord. 7-
13 Exh. A (Art. X § 20)]
18.25.800 Remedies.
(1) The Jefferson County prosecuting attorney, or administrator, where authorized, shall bring such
injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the
shorelines of the state located within Jefferson County in conflict with the provisions of this program,
the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this
program.
(2) Any person subject to the regulatory provisions of this program or the Act who violates any
provision thereof, or permit or permit condition issued pursuant thereto, shall be liable for all damage
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to public or private property arising from such violation, including the cost of restoring the affected
area to its conditions prior to violation. The Jefferson County prosecuting attorney shall bring suit for
damages under this section on their own behalf and on the behalf of all persons similarly situated. If
liability has been established for the cost of restoring an area affected by a violation, the court shall
make provision to assure that restoration will be accomplished within a reasonable time at the
expense of the violator. In addition to such relief, including money damages, the court in its discretion
may award attorney’s fees and costs of the suit to the prevailing party.
(3) A person who fails to conform to the terms of a substantial development permit, conditional use
permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines
of the state without first obtaining a permit, or who fails to comply with a cease and desist order may
be subject to a civil penalty. The penalty shall be imposed pursuant to the procedure set forth in WAC
173-27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons
incurring a penalty may appeal the same to the Shoreline Hearings Board or the BOCC pursuant to
WAC 173-27-290(1) and (2). [Ord. 7-13 Exh. A (Art. X § 21)]
18.25.810 Abatement.
Structures or development on shorelines considered by the administrator to present a hazard or other
public nuisance to persons, properties or natural features may be abated by the county under the
applicable provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition or
successor as adopted by Jefferson County, or by other appropriate means. [Ord. 7-13 Exh. A (Art. X
§ 22)]
18.25.820 Third-party review.
The administrator shall determine when third-party review shall be required. Third-party review
requires any technical studies or inventories provided by the project proponent to be reviewed by an
independent third party, paid for by the project proponent, but hired by the administrator. A qualified
professional shall conduct third-party review. In determining the need for third-party review, the
administrator shall base his/her decision upon, but shall not be limited to, such factors as whether
there has been incomplete submittal of data or apparently inadequate design work, whether the project
is large scale, or whether the development site is complex. [Ord. 7-13 Exh. A (Art. X § 23)]
18.25.830 Inspections.
Whenever it is necessary to make an inspection to enforce any of the provisions of this master
program or whenever the administrator has reasonable cause to believe that there exists in any
building, or upon any premises, any condition that constitutes a violation of this master program, the
administrator shall take any action authorized by law. The Jefferson County prosecuting attorney shall
provide assistance to the administrator in obtaining administrative search warrants or other legal
remedies when necessary. [Ord. 7-13 Exh. A (Art. X § 24)]
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18.25.840 Master program amendments.
Pursuant to RCW 90.58.190 and 36.70A.280, a decision by the Jefferson County board of county
commissioners to amend this master program shall not constitute a final appealable decision until the
Department of Ecology has made a decision to approve, reject, or modify the proposed amendment.
Following the decision of the Department of Ecology regarding the proposed amendment, the decision
may be appealed to the Western Washington Growth Management Hearings Board. [Ord. 7-13 Exh. A
(Art. X § 25)]
18.25.850 Fees.
Required fees for all shoreline substantial development permits, shoreline conditional use permits,
shoreline variances, statements of exemption, appeals, preapplication conferences and other required
approvals shall be paid to the county at the time of application in accordance with the Jefferson
County unified fee schedule in effect at that time. [Ord. 7-13 Exh. A (Art. X § 26)]
18.25.860 Transfer of permits.
An approved substantial development permit, conditional use permit or variance permit may be
transferred from the original project proponent to any successor in interest to the project proponent;
provided, that all of the conditions and requirements of the approved permit or variance shall continue
in effect as long as the use or activity is pursued or the structure exists unless the terms of the
substantial development permit, conditional use permit, or variance permit are modified in accordance
with the relevant provisions of this master program. [Ord. 7-13 Exh. A (Art. X § 27)]
Article XI. Official Shoreline Map
18.25.870 Official shoreline map.
The official shoreline map shows the Article IV shoreline environment designations (SEDs) that apply
to each segment of the shoreline planning area under SMP jurisdiction. It does not necessarily identify
or depict the precise lateral extent of shoreline jurisdiction or all associated wetlands. The lateral
extent of the shoreline jurisdiction at the parcel level shall be determined on a case-by-case basis at
the time a shoreline use/development is proposed. The actual extent of shoreline jurisdiction requires
a site-specific evaluation to identify the location of the ordinary high water mark and any associated
wetlands.
The county shall maintain a Geographic Information Systems database that depicts the coordinates
for locating the upstream extent of shoreline jurisdiction (that is, the location where the mean annual
stream flow is at least 20 cubic feet per second). The database shall also show the limits of the
floodplain, floodway, and channel migration zones, and such information shall be used, along with
site-specific information on the location of the ordinary high water mark and associated wetlands, to
determine the lateral extent of shoreline jurisdiction on a parcel-by-parcel basis. The database shall
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1
be updated regularly as new information is made available and the public shall have access to the
database upon request.
Appendix A, attached to the ordinance codified in this chapter, depicts the SEDs in two formats:
(1) Official Shoreline Map. An overview map showing all of Jefferson County (image sized for large
format printing).
(2) A collection of 18 break-out maps at closer range to allow greater details (images sized for 11-inch
by 17-inch printing). Western Jefferson County is depicted in a single break-out map (Map No. 18).
Eastern Jefferson County is broken into separate images (Map Nos. 1 through 17) as shown in
Appendix A of the ordinance codified in this chapter. [Ord. 7-13 Exh. A (Appx. A)]
Wording from WAC 173-27-060(3).
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Chapter 12.05
APPROACHES TO COUNTY ROADS1
Sections:
12.05.010 Purpose.
12.05.020 Permit – Application.
12.05.030 Permit – Administration, issuance.
12.05.040 Temporary approaches – Permit, fee.
12.05.050 Removal.
12.05.060 Violation – Penalty.
12.05.010 Purpose.
The purpose of this chapter is to provide reasonable rules for the construction of road approaches
from abutting property to county roads pursuant to RCW 36.75.130 et seq. This chapter requires
permits, provides for inspection of proposed and actual construction of said approaches, and provides
penalties for violations of this chapter. [Ord. 9-92]
12.05.020 Permit – Application.
(1) Any person, firm or corporation desiring to build, construct, or alter any permanent approach, or
renew use of any approach previously constructed without a permit, to any county road shall make
application for issuance of a permit to do so, together with payment of a fee, as provided by the board
of county commissioners, (nonrefundable) to the Jefferson County department of public works, and
said permit, if issued, shall be upon condition that the entire cost of performing such construction,
including all labor, material, equipment and/or any other expense necessary to do the job shall be
borne by the applicant.
(2) The applicant shall identify ownership of property abutting the approach that is to be served by
said approach. The applicant shall also identify and locate any easements necessary to provide
access to the county road. No permit will be issued without ownerships and easements of record
specifically identified. [Ord. 9-92 § 1]
12.05.030 Permit – Administration, issuance.
(1) The county engineer in the Jefferson County department of public works, or a member of the
public works department designated to act for him, shall review the aforesaid application to determine
its sufficiency in meeting construction and design criteria which shall, at a minimum, be consistent
with public works standards as contained in Washington State Department of Transportation’s
(WSDOT) Design Manual or in the American Association of State Highway and Transportation
Officials (AASHTO). The county engineer or his designee shall further ascertain that the intended
approach is properly located, giving consideration to observance of sight distances, physical features
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and any other elements deemed essential in the interest of public safety.
(2) Upon approval of said county engineer or his designee, the permit may be issued. The signature of
the applicant agreeing to compliance with the requirements and any special provisions of Jefferson
County shall be affixed prior to commencement of any work. [Ord. 9-92 § 2]
12.05.040 Temporary approaches – Permit, fee.
(1) Any person or persons, firm or corporation desiring to build or construct a temporary approach to
any county road for any logging or construction purpose, or for any other purpose, where the
approach is not intended to be of a permanent nature, shall make application to the office of the
Jefferson County engineer for issuance of a permit to do so, together with a cash fee, as provided by
the board of county commissioners, (nonrefundable), and a cash bond of $500.00, to run for a period
not to exceed 180 days from the date of issuance of the permit, insuring that the permittee will remove
the temporary approach in a manner satisfactory with the county engineer or his authorized
representative within said time period whenever the approach is no longer needed.
(2) Such fee, deposited and held by the county engineer, is to be refunded to the permittee provided
the approach is properly removed, but if held longer than 180 days, and the permittee has not
requested a time extension, in writing, it shall be forfeited to Jefferson County and deposited in the
county road fund. Permit approval of temporary approaches shall be contingent upon their evaluation
by the county engineer or his designee and shall, at a minimum, meet public works standards as
contained in WSDOT’s Design Manual or in American Association of State Highway and
Transportation Officials. [Ord. 9-92 § 3]
12.05.050 Removal.
Any person, firm or corporation who has received a permit to construct an approach, in accordance
with design as set forth under JCC 12.05.030, who fails to construct and maintain the approach
properly shall be subject to its removal from the county road right of way by county road crews and
equipment. The county (for its trouble in doing so) shall be compensated by the confiscation and
disposal of any culvert and/or materials so removed from the approach. Confiscated material so
removed shall be disposed of as directed by the board of county commissioners and the proceeds
thereof deposited in the county road fund. Before any such removal may be undertaken however, the
county engineer shall give the permittee, or his successor in interest, an opportunity to correct the
condition within a 30-day period following written notice of the intended action. [Ord. 9-92 § 4]
12.05.060 Violation – Penalty.
Any person or persons, firms or corporations, failing to comply with any part of this chapter, rules or
regulations pertaining thereto, or violating any of the provisions thereof, shall be guilty of a
misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $500.00, or by
imprisonment in the county jail of Jefferson County for a term not exceeding 90 days. [Ord. 9-92 § 4]
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1Prior legislation: Ord. 2-72.
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Chapter 12.10
ROAD VACATIONS
Sections:
12.10.010 Purpose.
12.10.020 Definitions.
12.10.030 Scope.
12.10.040 Application.
12.10.050 Department of public works – Duties.
12.10.060 Department of community development – Duties.
12.10.070 Other applicable departments, agencies, and offices.
12.10.080 Hearing examiner – Duties.
12.10.090 Board of county commissioners – Duties.
12.10.100 Class C road vacations.
12.10.110 Review criteria.
12.10.120 Administration – Compensation requirement.
12.10.130 Legislative action.
12.10.010 Purpose.
The purpose of this chapter is to provide uniform criteria for the vacation of county roads within
Jefferson County pursuant to the Roads and Bridges Vacation Act (Chapter 36.87 RCW). [Ord. 5-01
§ 1]
12.10.020 Definitions.
“County” means Jefferson County, state of Washington.
“County road” means a public right-of-way, which lies outside the limits of any incorporated city, and
that has been dedicated to, deeded to, established by usage, maintained, or otherwise established by
the county. Such county roads shall be classified as follows:
(a) Class A. Roads established, dedicated to, deeded to, or otherwise established by the county
for which no public expenditures have been made in the acquisition, improvement, or
maintenance of same except those roads platted prior to March 12, 1904, which remained
unopened for public use for a period of five years after authority was granted for opening them.
(b) Class B. Roads established, dedicated to, deeded to, or otherwise established by the county
for which public expenditures have been made in the acquisition, improvement, or maintenance
of same except those roads platted prior to March 12, 1904, which remained unopened for public
use for a period of five years after authority was granted for opening them.
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(c) Class C. Roads dedicated on a plat that was filed before March 12, 1904, which remained
unopened for public use for a period of five years after authority was granted for opening them.
“Principal petitioner” means one of the owners of the frontage of the road (or portion of road) that is
the subject of the proposed vacation designated within the petition to the county as the principal
petitioner. The principal petitioner shall serve as the liaison between the owners of the frontage and
the county’s public works department and shall be the sole person that public works will contact with
respect to any specific application for a vacation. The principal petitioner shall be responsible to pay
all fees and costs, including the “compensation requirement” outlined in JCC 12.10.120, that are
associated with this proposed vacation. Nothing shall prevent the principal petitioner from obtaining
monies from other persons owning frontage on the road (or portion of road) to be vacated to satisfy
the fees and costs that might be associated with a particular request for a vacation. The principal
petitioner and not the county shall be solely responsible for collecting such funds from the other
persons owning frontage on the road (or portion of road) to be vacated. [Ord. 5-01 § 2]
12.10.030 Scope.
This chapter shall apply to petitions for the vacation of all or portions of a county road within Jefferson
County. This chapter also sets forth that there is no petition procedure available for Class C roads.
[Ord. 5-01 § 3]
12.10.040 Application.
(1) Petitions for Class A and Class B road vacations shall be submitted, along with fees as provided
by the board of county commissioners as set forth in the fee schedule ordinance, in writing to the
department of public works. The petition shall be signed by a majority of owners of the frontage of the
road or portion thereof proposed to be vacated. The petition shall name a principal petitioner. The
petition must show the land owned by each petitioner and set forth that such county road is useless
as a part of the county road system and that the public will be benefited by its vacation and
abandonment. All fees and costs described herein shall be paid prior to the vacation becoming
effective. JCC 12.10.100 shall apply to Class C roads; JCC 12.10.040 through 12.10.090 shall pertain
to the vacation of Class A and Class B roads.
(2) The board of county commissioners may initiate vacation action by resolution when:
(a) Requested to do so by the county engineer;
(b) The county is desirous of initiating a property exchange for relocation of a right-of-way to a
better location, or for greenbelt purposes;
(c) The right-of-way lies within county property;
(d) The right-of-way lies within other public lands. [Ord. 5-01 § 4.10]
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12.10.050 Department of public works – Duties.
(1) The Jefferson County department of public works shall accept the road vacation petition and fee.
The department shall provide preapplication consultation to the principal petitioner. The department of
public works shall contact the department of community development and other applicable
departments, agencies and offices requesting that they review such vacation and return any and all
comments to the department of public works. The department of public works shall also contact all
adjacent property owners within a 300-foot radius of the portion of the road requested for vacation.
After the Jefferson County department of community development establishes the date of public
hearing, the department of public works shall review the petition and post each terminus of the subject
road with a public notice stating the fixed date of the public hearing. Such public notice shall be posted
at least 20 days prior to the fixed date of the public hearing.
(2) The department of public works shall examine the proposed road vacation and produce a written
report for the hearing examiner record that includes the county engineer’s opinion as to:
(a) Whether or not the subject road should be vacated;
(b) Whether or not the road has been in use;
(c) What the condition of the road is;
(d) Whether or not it is advisable to preserve the road for the county road system in the future;
(e) Whether or not the public will benefit by such vacation;
(f) Whether public expenditures have been made in the acquisition, improvement, or
maintenance of the subject road, and the amount of said expenditures; and
(g) Any other applicable facts or information.
(3) The department of public works shall prepare a written staff report for the hearing examiner’s
review and recommendation.
(4) The department of public works shall then forward the hearing examiner’s recommendations and
appropriate information to the board of county commissioners.
(5) The department of public works shall submit a bill for the cost of such an examination and report.
The petitioners shall be responsible for payment of these costs prior to the vacation becoming
effective. When directed by the hearing examiner, the department of public works shall also provide
an estimated amount of past county expenditures on the subject road. [Ord. 5-01 § 4.20]
12.10.060 Department of community development – Duties.
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(1) The department of community development shall review the petition and prepare a written report
that includes:
(a) The road vacation’s consistency with the Jefferson County comprehensive plan and any
other applicable plans, policies, or ordinances;
(b) Whether environmentally sensitive areas exist in the vicinity which might be affected by the
vacation; and
(c) Any other applicable facts or information.
This report shall be submitted to the department of public works for inclusion in the staff report. The
department of community development may also submit to the department of public works a bill for
costs in conducting their review and developing their report.
(2) The Jefferson County department of community development shall establish the date and place of
the public hearing with the hearing examiner. This date shall be selected in accordance with the
Jefferson County hearing examiner’s regular schedule. The Jefferson County department of public
works shall ensure that notice of the public hearing is published in a newspaper having countywide
circulation at least once a week for two consecutive weeks prior to the fixed date of the hearing. [Ord.
5-01 § 4.30]
12.10.070 Other applicable departments, agencies, and offices.
When appropriate, the following departments, agencies, and offices shall be contacted to review and
comment on the petition: the water supply provider, the water treatment provider, the electric power
provider, the telephone service provider, the Jefferson County sheriff’s office, the local fire district,
the emergency medical services provider, and any other applicable departments, agencies, and
offices. [Ord. 5-01 § 4.40]
12.10.080 Hearing examiner – Duties.
In accordance with RCW 36.87.060, the hearing examiner shall hold a public hearing on all petitions
for road vacations. The examiner shall review the road vacation petition, the written staff report(s),
and the criteria contained in JCC 12.10.110, and shall receive public testimony in support of or in
opposition to the proposed road vacation. The hearing examiner shall then issue a written record of
recommendation to grant or deny the petition, with any conditions of approval. [Ord. 5-01 § 4.50]
12.10.090 Board of county commissioners – Duties.
(1) The Jefferson County board of commissioners shall review the report and recommendation of the
Jefferson County hearing examiner. The Jefferson County board of commissioners shall either deny
or accept and adopt, in whole or in part, the findings, conclusions, and recommendations of the
hearing examiner, and shall make a final determination whether the request shall be denied, approved,
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approved with conditions, or approved in part. The board of county commissioners may make
separate or revised findings and conclusions. These shall be based upon testimony presented at the
public meeting at which the hearing examiner’s recommendation is considered.
(2) As a special condition for granting approval of the road vacation petition, the board of county
commissioners may:
(a) Retain an easement within the subject vacated area for the construction, repair, and
maintenance of public utilities and services, pursuant to RCW 36.87.140 and JCC 12.10.110;
and/or
(b) Retain an easement within the subject vacated area for trail or pathway purposes, pursuant
to JCC 12.10.110 and in accordance with the provisions of Chapter 7 of the Jefferson County
comprehensive parks plan. [Ord. 5-01 § 4.60]
12.10.100 Class C road vacations.
In accordance with Section 32, Ch. 19, P. 603, Laws of 1889-1890, roads classified as Class C roads
in this chapter are roads where any public interest in that road was extinguished (or “vacated”)
automatically by operation of law because they remained unopened for five years after authority was
granted for opening them. As such, Jefferson County does not offer any procedure, formal or informal,
that would recognize or formalize this automatic extinguishment of the public’s interest in a Class C
road. [Ord. 5-01 § 4.70]
12.10.110 Review criteria.
Road vacation petitions shall be reviewed according to the following criteria:
(1) The proposed road vacation complies with the Jefferson County comprehensive plan and any
other applicable plans, policies, or ordinances.
(2) Roads should not be closed, vacated, or abandoned when land uses or development plans, or
occurring patterns, indicate their usefulness for area circulation. Prior to a vacation decision, an
examination should be made of its probable effect on overall area circulation in the neighborhood.
Single or multiple vacations should be considered a positive tool toward improving neighborhood
circulation and accesses.
(3) The effectiveness of fire, medical, law enforcement, or other emergency services should not be
impaired by the closure, vacation, or abandonment of county roads. Appropriate authorities should be
consulted with respect to this policy.
(4) Roads should not be closed, vacated, or abandoned when such routes can effectively be used for
utility corridors. Suitable utility easements could be retained as a means of satisfying this policy.
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Public and private utility companies and their plans should be consulted with respect to this policy. In
compliance with RCW 36.87.140, the board of county commissioners may retain an easement within
the subject vacated area for the construction, repair, and maintenance of public utilities and services.
(5) Roads should not be closed, vacated, or abandoned when such routes can be effectively used for
trails or pathways. Suitable trail easements could be retained as a means of satisfying this policy. The
Jefferson County parks, recreation, and open space plan should be used as a guide to determine trail
needs.
(6) In compliance with RCW 36.87.130, no county road or part thereof should be vacated that abuts on
a body of salt or fresh water, unless the vacation is to enable any public authority to acquire the
vacated property for port purposes, boat moorage, or launching sites or for park, viewpoint,
recreational, educational, or other public purposes, or unless the property is zoned for industrial
purposes.
(7) The proposed vacation will not land lock any parcel of property. [Ord. 5-01 § 5]
12.10.120 Administration – Compensation requirement.
The board of county commissioners shall require compensation by the principal petitioner(s) for all
Class A and Class B vacated rights-of-way in compliance with RCW 36.87.120. All resolutions
vacating any street, right-of-way or alley, or part thereof, shall provide that the same shall not become
effective until the principal petitioners abutting upon the street, right-of-way or alley, or part thereof so
vacated, pay to the county the sum of the “base payment” and any applicable “additional payment” as
those terms are defined and listed within this section.
(1) Base Payment. The principal petitioner(s) shall pay, with respect to the vacation of either or both
Class A and Class B roads or rights-of-way a sum equal to one-half of the current fair market value
(as of the date of the petition) of the area so vacated if the county holds title through a dedication, or
the full current fair market value (as of the date of the petition) if the county acquired the subject
rights-of-way other than by dedication, e.g., fee simple interest.
(2) Additional Payment. With respect to vacation of a Class A road or rights-of-way, and in addition to
the base payment described above, the principal petitioner(s) shall pay to the county any and all other
administrative costs incurred by the county in vacating the road.
With respect to vacation of a Class B road or rights-of-way, and in addition to the base payment
described above, the principal petitioner(s) shall pay to the county an amount equal to the amount of
public expenditures made in improvement or maintenance of the road or rights-of-way (or a portion of
any road or rights-of-way) that is the subject of the proposed vacation, and all other administrative
costs incurred by the county in vacating the road. To the extent the county can not, because of
missing, destroyed or incomplete records, determine the precise amount expended for the
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improvement or maintenance of a road or rights-of-way (or a portion of that road or rights-of-way) that
is the subject of a proposed vacation, then the county shall be entitled to compensation equal to the
amount spent on “improvement and maintenance” of that road or rights-of-way between January 1,
1994, and the date of the petition.
(3) Valuation Procedure. For all Class A and Class B vacation petitions, the principal petitioner(s)
shall provide a fair market appraisal from an appraiser licensed by the state of Washington. Jefferson
County shall have the right to review, accept or reject any appraisal and may do so with an internal
report or an appraisal provided by a private state-licensed appraiser. If agreement on value is not
reached after the county’s appraisal, then Jefferson County may decline to vacate the right-of-way. If
the county agrees to do so in writing, then the parties may select a mutually agreed upon neutral
master appraiser, whose appraisal shall be final and binding upon the parties, and whose fee shall be
paid for equally by both parties.
Alternate compensation may be provided in lieu of the monetary amounts defined above when the
department of public works has stated in writing to the board of county commissioners that the
proposed “in kind” or alternate compensation has value that equals or exceeds the dollar amount due
and owing to the county for the proposed vacation. The board of county commissioners may choose
to accept or reject this written recommendation of the department of public works. Alternate
compensation shall include but not be limited to the exchange of property and/or improvements
provided by the petitioner(s).
Compensation shall be paid into the Jefferson County road fund subsequent to the board of county
commissioners approval of road vacations and prior to the signing of the vacation resolution.
Compensation and all other amounts and fees due and owing to the county must be paid within one
year of approval of the request by the board of county commissioners. If any sums owed the county
are not paid and/or conditions of approval are not met within one year of the board of county
commissioners’ approval of the vacation request as reflected in the approving resolution, then
approval may be rescinded upon notice by mail to the principal petitioner(s). Should the request be
denied, reimbursement to Jefferson County of all costs of processing the request shall be the
responsibility of the principal petitioner. [Ord. 5-01 § 6]
12.10.130 Legislative action.
(1) At a regular public meeting, the board of county commissioners shall review the hearing
examiner’s report and recommendation, and may, at the discretion of the board, accept public
testimony in support of or in opposition to the proposed road vacation. The board of county
commissioners, by a majority vote, shall then grant or deny the petition.
(2) As a special condition for granting approval of a road vacation petition, the board of county
commissioners may:
The Jefferson County Code is current through Ordinance 5-17, passed December 18, 2017.
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commissioners may:
(a) Retain an easement within the subject vacated area for the construction, repair, and
maintenance of public utilities and services, pursuant to RCW 36.87.140 and JCC 12.10.110;
and/or
(b) Retain an easement within the subject vacated area for trail/pathway purposes, pursuant to
JCC 12.10.110. [Ord. 5-01 § 7]
The Jefferson County Code is current through Ordinance 5-17, passed December 18, 2017.
Jefferson County Code Chapter 12.10 ROAD VACATIONS Page 8 of 8
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