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HomeMy WebLinkAbout050 82 ,,:: -" RESOLUTION NO. 50 -82 AMENDMENT TO THE JEPFERSON-PORT TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAM HHEREAS, the Washington State Shoreline Management Act of 1972 (Chapter 90.58 Revised Code of Washington) requires that counties and cities incur certain duties, obligations, and responsibilities with regard to implementation of said act; and WHEREAS, Jefferson County and the City of Port Townsend have performed the necessary prerequisites for the establishment of a shoreline master program; and WHEREAS, the Jefferson-Port Townsend Shoreline Management Master Program has been approved by the State of Washington pursuant to Chapter 90.58.090 R.C.H.; and WHEREAS, the Jefferson-Port Townsend Shoreline Management Advisory Commis- sion has approved the amendment described herein and recommended the Jefferson County Board of Commissioners and Port Townsend City Council approve and adopt the amendment; and ~IHEREAS, the Jefferson County Board of Commissioners and Port Townsend City Council finds the amendment to the Jefferson-Port Townsend Shoreline Management Master Program to be in the interest of the public health, safety, and welfare of the citizens of Jefferson County. NOW, THEREFORE, BE IT RESOLVED that the definition, policies, and perform- ance standards found under Section 5.70 of the master program are deleted and replaced with a new definition, policies, and performance standards that, reads: DEFINITION Aquaculture is the farming or culturing of foodfish, shellfish, or other aquatic plants or animals. Aquacultural practices are the activities directly related to the cultivation, growth, or harvesting of aquatic plants or animals. For the purposes of this section, related uses such as wholesale and retail sales, processing, packaging, and product storage facilities are not considered aquacultural practices. POLICIES 1. Potential locations for aquacultural practices are relatively restricted due to specific biophysical requirements such as water quality, temperature, substrate, dissolved oxygen, and, in martne waters, salinity. Priority should be given to aquaculturaluses in areas having a high potential for such uses. 2. Shoreline and upland development in productive aquacultural areas or those areas with high potential for aquacultural uses should be reviewed for detri- mental impacts on aquaculture. (Areas with suitable characteristics are identified in the Washington State Department of Natural Resources' Marine Land Atlas and the Coastal Zone Atlas of Washington.) 3. Recognition should be given to the possible detrimental impact aquacultural activities might have on the aesthetic quality of the shoreline area. 4. As aquacultural technology expands with increased knowledge and experience, emphasis should be placed on technology that does not materially interfere with navigation or impair the aesthetic and ecological quality of the state's shorelines. VOL 8UŒ 0997 r:J :'" Resolution No. 50-82 Page 2 5. Structures or activities associated with aquaculture should be located inland from shoreline areas unless clearly water dependent. PERFORMANCE STANDARDS 1. Aquacultural activities shall be located so as to provide reasonable navi- gational access to waterfront property owners. 2. Aquacultural structuresshall be placed in such a manner as to minimize interference with navigation. 3. Aquacultural development shall be designed and constructed to harmonize insofar as possible with the local shoreline environment and shall be maintained in a neat and orderly manner. 4. Aquacultural development shall make adequate provisions to control nuisance factors such as excessive noise and odor. 5. Aquacultural discards shall be disposed of in a manner that will not degrade associated uplands, wetlands, shorelines, or water environments. 6. Structures or activities associated with aquaculture that are not water dependent shall be located away from the shoreline proper when practicable. 7. Equipment, structures, and material shall not be adandoned in the shore- line or wêtland area. 8. Aquacultural facilities or structures that are hazards to navigation shall be suitably marked. 9. Special precautionary measures shall be taken to minimize the risk of oil or other toxic materials from entering the water or shoreline area. 10. Applications for the harvesting of subtidal aquatic plants or animals shall provide a written assessment for each tract area, containing at the minimum the following information: tract size and location; harvesting techniques; resource and resource abundance (amount, distribution, and diversity); associated flora and fauna (amount, distribution, and diver- sity); substrate composition; relationship to an approved state-wide manage- ment plan; and relationship to other permits, rules, and regulations. 11. Permits for aquacul tura 1 practi ces s hall become voi d if the permitted practice is abandoned for a period of two consecutive years. APPROVED and CERTIFIED this /CJ?ibJay of '7:7?~ ' 1982. BOARD OF CO· ISSIONERS OF JEFFERSON COUNTY, WASHINGTON SEAL: ~ ,. v· : < .. 1!l·~oV\.oL./ B ."G. Brown, ha 1 rman l"\ ATTEST; ~¿tq¡~~iIf~ Je lne C. Brag, erk of the Board a·?Iz,~/ .M. O'Meara, Member (!~11¡,~. Ca rro 11 M. ,ercer, Member APPROVED and CERTIFIED this ,rday of ~ , 1 982 . ATTEST: D~~ aVl rov, Clerk-Treasurer CITY OF PORT TOWNSEND, WASHINGTON VOL 8 r~,t: o 998 , if , '--- '-' ........ ) Shottllne M8n8~ement Act--M8!1ter ProRrams 173-16-060 .' that would threaten the character of fragile dune arcas, reduce water tables in marshes, impede water now in estuaries. or threaten the stability of spits and bars, Thèse guidelines have been prepared in recognition of the ncxibility needed to carry out effective local plan- ning of shorelines. Therefore, the interpretation and ap- plication of the guidelines may vary relative to different loca I èonditions. Except ions to speci fic provisions of these guideline!! may occur where 1()Cal circumstances justify such departure, Any depnrtute from these guide- lines must, howcver. be compatible with the intent of the act as enunciated in RCW 90.58.020. It should be noted that there nre several guidelines for certain uctivities which are not explicitly defined in the shoreline act as <Jevelopments for which substantial de- velopment permits are not required (for example, the suggestion that a buffet of permanent vegetlttion be maintained along water bodies in agriculture areas). While such activities generally cannot be regulated through the permit system, it is intended that they be dealt with In the comprehensive master program in a manner consistent with policy and intent of the Shore- line Act. To effectively provide for the management of the 'shorelines of the state, master programs should plan for and foster all reasonable and appropriate uses as provided in RCW 90,58:020, Finally. most of the guidelines are intentionally writ- ten in general terms to allow some latitude for local government to expand and elaborate on them as local conditions warrant. The guidelines are adopted state regulations, however, and must be complied with both in permit n 'íplication revicw and in master program development. (I) Agricultural þratticcs, Agricultural practices arc those methods used in vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertili7U- tion. Many M these practices require the use òf agricut'- tural chemicals. most of which arc water soluble and may wàsh into conti~uous land or water ãreas causing significant àlteration and damage to plant and animal habitats, especially those in the fragile shoreline arcas, Also, large quantities of mineral and organic sediments enter water bodies through surface erosion when proper land management techniques are not utilizcd, Guidèlines: (a) Local governments should encourage the mainte- nancè of a buffer of permanent vegetation between tilled areas and associated water bodies which will retard sur- face runoff and reduce siltation. (b) Master programs should establish criteria for the locàtion of confined animal feeding opcrations, retention and storage ponds for feed lot wastes, and stock piles of manure solids in shorelines of the state so that water ar- eas will not be polluted. Control guidelines prepared by thc lJ.S, Environmental Protection ^gency should be followed, (^Iso see Reference Nos, J. 4. 5. 6. 7 and K). (c) Local governments should encouruge the use of erosion control measures, such as crop rotation, mulch- ing, strip cropping and contour cultivation in conform- ance with guidelines and standards established by the (IO/f1/MO) Soil Conservátion Service, U.S. Department' of ^griculture, (2) Aquaculture. ^quaculture is the culture or farm- ing of food rish, shellfish, or other aquatic plants tlnd animals, This activity is of statewide and national in- teresL Properly managed, it can result in long term over short term benefit and can protect the resources and ' ecology of the shoreline, Aquaculture is dependent on the use of the water nrea ¡¡"d. when consistent with con- trol of pollution and prevention of damage to the ehvi- ronment, is a preferred use of the water IIrea,(., ' Potential locations for aquaculture are rclaiivcly re- stricted due to specific requirements for water quality, temperalUre, nows, oJtygen content, adjacent laøl1 uses, wind protection, commercial navigation, and, in' murine waters, salinity. The technology associated with present day aquaculture is still in its formative stages and ex- perimental. Local shorcline master plans should there- fore recognize the necessity for some latitude in the development of this emerging economic wa ter use as well as its potential impact on existing uses and natural systems, (a) Guidelines: (i) Aquacultural activities IÍnd structures should be located in areas where the navigational access of upland owners, recreational boaters and commercial traffic is not significantly restricted, (ii) Recognition should be given to the possible détri- mental impact aquacultural development might have on the visual access of upland owners and on the general aesthetic quality of the shoreline area, (iii) ^s aquaculture technology expands with increrts- 'ng knowledge and experience, emphasis should be laced on structures which do not significantly interfere ith navigation or impair the aesthetic quality or ashington shorelines. (iv) Certain aquacultural activities lire of state ,wide 'nterest and should be managed in a consistent manner late-wide. Local master program development and ad· ministration should therefore seek to support state aqua- Iture, management programs as expressed in' sllÍte laws, regulations, âiìd ~~tãblisl1ed management plans. State management progr:rms should seek to determine and accommodate local environmental concerns. To fa- cilitate state-local coordination, the department will en- courage stale agencies' to develop specific resource management plans and to include participation of Iöcal shoreline agencies, (v) Shellfish resources and conditions suitable ror aquaculture only occur in limited areas, The utility and productivity of these sites is threatened by activities and developments which reducc Water quality such as waste discharges, nonpoint runoff and disruption (1f bottom sediments. Proposed developments and activities should be evaluated for impnct on productive nquaculturc ureas. Identified impacts should be mitigated through permit conditions and performance standards. (vi) Aquaculture is a preferred, water dependent Usc, Water surface. colunìn, and bedland areas suitable for aquaculture arc lim¡'ted to certain sites: These sites arc su bject to pressures from competing uses nnd degrada· tion of water quälity. The shoreline program is intended ICh. 17:1-'6 "'AC-p Ifl . ~' . >' f 73,.. t6-060 Shoreline Mønägement Act--Master Progrøms to provide a comprehensive land and water use plan which will reduce these connicts and provide for appro- priate uses. Therefore, a special effort should be made through the shoreline management program to identify and resolve resource Use connicts and resource manage- t Ihentissues in regard to use of identified sites, ..... (b) Implementalìon of WAC 173-16060(2)(a)(vi): (i) Within one moruh of the effective date of this reg- ulation. the department of ecology shall notify each local jurisdiction in which major subtidal clam or geoduck beds have been i~entified by the department of fisheries that a program update will be required, The department of ee()logy shall provide maps showing the general loca- tion of each jurisdiction's major subtidal clam and geo- duck beds. The department sh·all also provide information on subtidal clam and geoduck harvesting techniques, envir,onmental impacts, mitigation measures, IInd guidance on format and issue coverage for submittal of proposed amendments: (ii) Each local jurisdiction with identified major beds JI'haJl evaluate the application of its shoreline master '. program to commercial use of the identified beds. Where necessary. amendments to the master program IIhall be prepared to better address management and use of lhe beds. For example. such amendments may be necessary to address newly identified concerns, to coor- dinate with state--wide interests, or to bring policies into conformance with current scientific knowledge. (iii) Within four months of notification under WAC 171-16-060(2)(b)(i). each affected ,jurisdiction shull submit a progress report to the department. This report shall outline the procedure which will, be used to comply with WAC 173-16-060(2)(b)(ii) and an assessment of the need for coastal zone management financi~1 assistance. (IV) Within thirteen mönths or notification by the de- þårlment under WAC I 73-16-060(2)(b)(i), each af- fected local government shall submit to the department for approval all portions of the shoreline management master program affecting use of the Identified sites for shellfish management. Submittals shall include relevant existing master program elements. proposed to be re- tained as well as program additions. Explanation shall be submitted to the department for any use designations or management standards which would prohibit or pre- vent use of identified sites. (v) The departJ:nent, in considerÌftg local program submittals, will consider the advice of the state depart- ments of fisheri~s and natural resources, othcr interested local, state, and federal agencies, and interest groups pertaining to the scientific basis, sufficiency. and practi- cality of proposed standards and usc regulations. (vi) The department may postpone notification undcr (i) above for those subtidal clam and geoduck beds which the department of social and health services be- lieves arc not certifiable, Should a bed become certifi- able at some future date, the department shall make the notification required in (i) above, (vii) If a local shoreline jurisdiction does not or is un- able to comply with the requirements of this subsection, In.. 113-16 WAC'-p f:tl the department may undertake the required master pro- gram evaluation and preparation and adoption of neces- sary amendments. (3) Forest management practices. Forest management practices are those methods used for the protection, pro- duction and harvesting of timbcr. Trecs along a body of water provide shade which insulate the waters from det- rimental temperature chunge and dissolved oxygen're- lease, A stable watcr temperature and dissolved oxygen level provide a healtliy environment for fish and other more delicatc forl11s()f aljllalic life, Poor logging prm;- tices on shorelines alter this balance as well as result in slash and debris accumulation and may increase the sus-pended sediment load and the turbidity of the water. Guidelines: ,; , ; (a) Seeding, mulching, matting and replanting should be accomplished where necessary to provide stability on areas of steep slope which have been logged. Replanted vegetation should be of a similar type and concentration as existing in the general vicinity of the logged area. (b) Special a1(ention should be directed in logging and tnïnningoperations to prevent the accumulation of slash and other debris in contiguous waterways, (c) Shoreline areas having scenic qualities. such as those providing a diversity of views. unique landscape contrasts, or landscape panoramas should'be maintained as scenic views in timber harvesting ureas, Timber har- ' vesting practices, including road construction and debris removal, should be closely regulated so that the quality of the view and viewpoints in shorcline areas of the state arc not degraded. (d) Proper road and bridge design, location and con- struction and maintenancc practices should be used to - prevent development of roads and structures which would adversely affect shoreline resources. (e) Timber harvesting practices in shorelines of the state should be conducted to maintain the state board of health standards for public water supplies, (See Refer- ence No. 34), (f) Loggirtg should be avoided on shorelirtes with slopes of such grade that large sediment runoff will be precipitated, unless adequate restoration and erosÎon control can be expeditiously accomplished. (g) Local governments should ensure that timberhar- vesting on shorelines of state-wide significance does not exceed the limitations established in RCW 90.58.150 except as provided in cases where selective logging is rendered ecologica lIy detrimental or is inadequate for preparation of land for other uses, ,. ,,', " (h) Logging within shoreline areas should be con- ducted to ensure the maintenance of buffer strips of ground vegetation. brush. alder und eonifers to rreverH temperature increases advcrsc to fish populations and erosion of stream banks, ." (4) Commercia I development. Commercial develop- ments are those uses which are involved in wholesale and reluil trade or business activities, Commercial develop- ments range from small businesses within resìdences, to high rise office buildings. Commcrciul develormcnts arc intensive users of space because of extensive noor areas and because of facilities, such as parking, necessary to service them. Guidelines: r (f()/17/~O) . "-, 5.70 A0UACULTU~E 5.701 Defined as the culture or farminrr of food fish, shell- fish, or othe~ aquatic plants and animals. 5.702 Pølicies are: (a) Aquacultural enter!",riRes sht1lJld he located in areas which are particularly suited to that activity, with due consideration to other uses of those waters. (b) Reco~nition should be p,iven to the possible detri- mental impact aouacultural development milTht have on t~e general aesthetic quality of the shoreline area. (c) As aquaculture technology expands with increasing knowledge and experience, emphasis should be placed on structures which do not interfere with naviga- tion or i~pair the aesthetic quality of Washington shorelines. ......... 5.703 Performance Standards are: (a) Äquacultural activities shall be locätêd so as to provide reasonable naTi~ational access to watorfrvnt propertyowners. Aquacultural structures shall be placed, when pract- tcable, so as to miniMize interference with surface navigation. !\quflculture developnent shall be ðesir:ned and con- structed to harmonize insofar as possible with the local environment, and shall be maintained in a neat a:ad orderly manner. A<;uacultural deve10pmentshall make reasonable pro- vi;iöns to contro: nuisance factors such as excessive no~se or odor. . Aq~acultural wastes shall be disposed of in a manner that will preven: de~radation of associated upland, wet~and, shoreliJe, or water environments. Structures or activities associated with aquaculture tha~ is not shoreline dependent shall be located inh.nd, away from the storeline proper, when pract- icahle-;" (g) Equi?ment, structures, and material shall not be abandoned in the shorellne or wetland area. .. /' (h) Aquaculture facilities or structures which are haz- ards to navigation ~,Óal1 be sui ta 11y maIi.ked. (i) Special 'precautionlry Beasure~shall be taken to /'/ mininize the risl: ::>f 0:1. or other toxic materials from entering toe water or shoreline area. (b) ..... (c) '"-" (d) (eJ (f) " "-" ". "- 24.