HomeMy WebLinkAbout2022 09 30 ID_Attachment_2_ECYchangesJefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 6/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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.
(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:as described in detail at
Section .270 .
(a) Nonconforming use and development within shoreline jurisdiction shall be subject to this program and not
JCC 18.22.240.
Commented [LG4]: 2016 b and 2011 a and c Periodic
Checklist
Commented [MM(5]: ECY Change: REQ-4
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 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 the use and
enjoyment of a single-family residence a primary use and is located landward of the ordinary high
water mark and the perimeter of a wetland. Normal appurtenances for residential development are
garagesinclude a garage, attached deck, utilities, installation of a septic tankstank and
drainfieldsdrainfield, as well as driveways, walkways a driveway, front walk between the driveway and
the home’s main entry, and fences, plus initial clearing and 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,
Commented [MM(6]: ECY Changes: REQ-1 and Rec-1
Commented [LG7]: Response to Comment: 12.1
Commented [LG8]: Staff Docket/Code Interpretations
clarify deck and other appurtenances
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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, 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 moorage, access or launching
vessels or watercraft, established as a primary use or accessory structure. 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,
commercial/industrial/port 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
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
Commented [MM(9]: ECY Change: Rec-2
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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/piers/floats” means a shared use private boating facility, composed of dock,
pier and/or float components, established as:
• An accessory structure for five or more (5+) single-family residences, including waterfront
and/or upland lots/parcels, in a subdivision, neighborhood, or similar community setting
(comparable to “Community structure” per JCC 18.10.030); or
• An accessory structure for a multifamily residential use; or
• A primary use recreational facility serving five or more (5+) single-family residences (e.g.
community club);
A shared use private boating facility that also provides related goods/services is considered a
marina. See also “Joint Use dock/pier/float” and “Shared use”.
single boating facility, excluding marinas, composed of dock, pier and/or float components that
serves multiple residential properties, potentially including both upland and waterfront lots in a
subdivision, neighborhood, or similar community setting or for use by patrons of a public park or
quasi-public recreation area. 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.
(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 standard (C), 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.
Commented [MM(11]: ECY Change: Rec-2
Commented [AS12]: Response to Comment 13: Edits
made in response to Ecology concerns expressed in June 11,
2021 email regarding clarity of terminology and regulations
surrounding requirements for shared dock facilities.
Commented [AS13]: Response to Comments 1-7: Per PC
direction on 9/1 related to geoduck aquaculture, standard
conditional use permit is now a new permit type in the SMP.
Jefferson County Code
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SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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) ****“Cover ed 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, as incorporated
into this program:
(i) Critical aquifer recharge areas.
(ii) Wetlands.
(iii) Geologically hazardous areas.
(iv) Frequently flooded areas.
(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.
Commented [MM(14]: ECY Change: Rec-15
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SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(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
Commented [MM(16]: ECY Change: Rec-2
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SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(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”dwellings include the following:
(i) "Floating home" means a single-family dwelling unit constructed on a float, that is moored,
anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of
being towed;. and
(ii) "Floating on-water residence" means a vessel or any floating structure that is other than a
floating home, that: (ia) 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 used primarily as a residence on the water and do not qualify as a
vessel. A floating structure that is used as a residencehas detachable utilities; and is capable of
navigation, but is not designed primarily for navigation, nor is normally capable of self propulsion and (iib)
Commented [MM(18]: ECY Change: Rec-2
Commented [MM(19]: ECY Change: REQ-2 and Rec-3
Commented [LG20]: 2014.a Periodic Checklist
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SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
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 Ddock/piers/floats” means a shared use private boating facility, composed of dock,
pier, and/or float components, established as an accessory structure for use by at least two (2) and
no more than four (4) single-family residences on adjacent waterfront lots/parcels. A shared use
private boating facility that also provides related goods/services is considered a marina. See also
“Community dock/pier/float” and “Shared use”.
a single boating facility composed of dock, pier and/or float components for exclusive use by two or
more adjacent waterfront lot owners, excluding marinas.. See also “Community Shared usedock.”
(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.”
Commented [MM(23]: ECY Change: Rec-2
Commented [AS24]: Response to Comment 13. Edits
made in response to Ecology concerns expressed in June 11,
2021 email regarding clarity of terminology and regulations
surrounding requirements for shared dock facilities.
Jefferson County Code
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SHORELINE MASTER PROGRAM
Page 31/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(f) *“Landward” means to or toward the land.
(g(g) “Lateral” means of, at, toward, or from the side. Lateral expansion of a non-conforming
structure is relativeparallel to the ordinary high water mark (OHWM).
(h) “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.
(hi) “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(j) Lift. See “Boat lift.”
(k) “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).
(jl) “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)).
(km) *“Logging” means activities related to and conducted for purposes of harvesting or processing
timber. See also “Forest practices.”
(ln) *“Long-term commercial significance” means lands with the growing capacity, productivity, soil
composition, and economic viability for long-term agricultural, mineral or silvicultural production.
(mo) *“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.
(np) *“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
Commented [MM(25]: ECY Change: Rec-4
Commented [LG26]: Staff Docket/Code Interpretations
(18.25.100 Lateral)
Commented [LG27]: Response to Comment: 12.2.
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(tv) “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 primary structure
outside of/landward of the standard shoreline buffer or which does not otherwise meet the
minimum due to insufficient lot sizedepth or width 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
setbackfurthest landward property line. Where the side property lines are not equidistantequal in
length, the midpoint lot depth is calculated as the mean of thosehe difference in two distances shall
be used.
Commented [MM(31]: ECY Change: Rec-5
Commented [LG32]: Response to Comment 12.3.
Commented [LG33]: Staff Docket/Code Interpretations
and Code Interpretation #3
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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(a) “Ocean disposal uses” means the deliberate deposition or release of material at sea, such as
solid wastes, industrial waste, radioactive waste, incineration, incinerator residue, dredged
materials, vessels, aircraft, ordinance, platforms, or other man-made structures.
(b) “Ocean energy production uses” means the production of energy in a usable form directly in or
on the ocean rather than extracting a raw material that is transported elsewhere to produce
energy in a readily usable form. Examples of these ocean uses are facilities that use wind, wave
action or differences in water temperature to generate electricity.
(c) “Ocean mining” means such uses as the mining of metal, mineral, sand, and gravel resources
from the sea floor.
(d) “Ocean oil and gas uses and activities” involve the extraction of and exploration for oil and gas
resources from beneath the ocean.
“Ocean research activities” means scientific investigation for the purpose of furthering knowledge
and understanding. Investigation activities involving necessary and functionally related precursor
activities to an ocean use or development may be considered exploration or part of the use or
development.
(e) “Ocean salvage uses” share characteristics of other ocean uses and involve relatively small sites
occurring intermittently. Historic shipwreck salvage which combines aspects of recreation,
exploration, research, and mining is an example of such a use.
(f) “Ocean transportation” means such uses as: Shipping, transferring between vessels, and
offshore storage of oil and gas; transport of other goods and commodities; and offshore ports and
airports.
(g) “Ocean use, new” means uses and developments that have not occurred or were not permitted
within Washington’s Coastal waters prior to the completion of the Marine Spatial Plan for
Washington’s Pacific Coast, as adopted June 2018. New uses, as defined by the MSP, are in-water
uses, with potential adverse impacts to renewable resources or existing uses that have not been
previously reviewed or authorized/permitted within the MSP study area. The MSP anticipates new
ocean use proposals for activities such as renewable energy, dredged material disposal, mining,
marine product harvesting, and offshore aquaculture operations.
(h) “Ocean uses” mean activities or developments involving renewable and/or nonrenewable
resources that occur on Washington's coastal waters and includes their associated off shore, near
shore, inland marine, shoreland, and upland facilities and the supply, service, and distribution
Commented [LG34]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
Commented [LG35]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
Commented [MM(36]: ECY Change: REQ-3
Commented [LG37]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
Commented [LG38]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
Commented [LG39]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
Commented [LG40]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(kq) ****“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.
(lr) *“Owner” means an individual, firm, business entity, trust, association, syndicate, partnership,
or corporation having sufficient property interest to seek development of land.
(ms) *“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. This includes accessory ancillary components to the parking lot including
but not limited to such as lighting, signage, or electric vehicle charging stations, bike racks/lockers,
and passenger loading areas/seating. “Primary use parking” means parking as a primary use;
“accessory parking” is parking that supports a specific authorized shoreline use or development.
(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.
(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.
Commented [MM(42]: ECY Change: Rec-6
Commented [LG43]: Response to Comment: 14.
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
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 private, 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.
Commented [MM(44]: ECY Change: Rec-2
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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,satellite bedrooms, sheds,
gazebos 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.
(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.
Commented [MM(45]: ECY Change: Rec-1
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 (e.g. beach access
structure, or boating facility).; comparable to “Community structure” per JCC 18.10.030. See also
“Community dock/piers/floats” and “Joint use dock/piers/floats.”
(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 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.
Commented [MM(47]: ECY Change: REC-2
Commented [LG48]: Response to Comment: 13.
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
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(ii) 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.
(iviii) 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.
(viv) 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.
Commented [MM(49]: ECY Change: Rec-7
Commented [LG50]: Staff Docket/Code Interpretations
definition of SSWS
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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 $5,7187,047 8,504 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.
(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.
Commented [MM(53]: ECY Change: Rec-8
Commented [LG54]: 2017 a Periodic Checklist: Ecology
suggests changing value or changing to citation; approach up to County but Ecology would require a change as the
County had explicity stated the older value.
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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. This may
include electric distribution and electric vehicle charging stations.
(f) *“Utility facilities” means facilities directly used for the distribution or transmission of services to an area,
excluding utility service offices.
(f) * “Utilities” means services and facilities that produce, convey, store, or process power, gas,
sewage, communications, oil, waste, and the like. On-site utility features serving a primary use, such
as a water, sewer or gas line to a residence, stormwater facilities, or an electric vehicle charging
station in a parking area are "accessory utilities" and shall be are considered a part of the primary
use.
(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
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.
Commented [MM(55]: ECY Change: Rec-9
Commented [LG56]: Response to Comment: 14.
Commented [MM(57]: ECY Change: Rec-9
Commented [LG58]: Staff Docket/Code Interpretations
"Utilities" WAC 173-26-241 (3) (l)
Commented [LG59]: Response to Comment: 14.
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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(b) “Walkway,” for purposes of JCC 18.25.350, means the typically perpendicular element of a pier
extending waterward from the shoreline.
(c) ****“Waste disposal” means refuse composed of garbage, rubbish, ashes, dead animals,
demolition wastes, automobile parts, and similar material.
(cd) **“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-dependent
uses. Residential development is not a water-dependent use but is a preferred use of shorelines of
the state.
(de) **“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.
Commented [MM(60]: ECY Change: Rec-10
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(f) Consider potential effects of climate change when making siting decisions for capital facilities,
also with consideration of the land use and environment goals and policies of the Comprehensive
Plan. (Comprehensive Plan Policy CF-P-4.3)
[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., also listed at JCC 18.25.890. These
areas are collectively referred to herein as “shorelines.” The official shoreline map adopted with this
program at JCC 18.25.870 (Appendix A attached to the ordinance codified in this chapter) shows the general
location and approximate extent of such shorelines. As further described below, in the event
discrepancies exist between the mapping and text of this program, the site-specific application of
definitions shall prevail to determine precise jurisdictional extent. County shall also rely on technical
information in the Shoreline Inventory & Characterization Report (ICR), such as location of the 20 cfs
upstream extent, especially for West End creeks/streams/rivers depicted in ICR Maps 1C and 31. The
County has not opted to extend jurisdiction to include land for buffers for critical areas or additional
portions of the 100-year floodplain, per RCW 90.58.030(d),
(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 (GIS) 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 precise 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:
(a) within the Quinault Indian Nation reservation where the upland designation shall be natural
and the waterward designation shall be priority aquatic.
(b) 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.
Commented [LG73]: Comp Plan Policy CF-P-4.3
Commented [LG74R73]: Task Force C
Commented [MM(75]: ECY Change: Rec-11
Commented [MM(76]: ECY Change: Rec-37
Commented [MM(77]: ECY Change: Rec-11
Commented [MM(78]: ECY Change: Rec-11
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(c) Riverine, stream and creek shorelines of the state in the west end shall be aquatic below the
OHWM, and the upland designation shall be conservancy landward of OHWM.
(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 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.
Commented [LG79]: Staff Docket/Code Interpretations
west end rivers clarification
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
provide future economic development or recreational opportunities at a higher 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, X and/or XXII of this chapter for details.
C = Conditional use. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details.
C(a) = Conditional use administrative. See Articles II, IX, X, and XXII of this chapter for definition, criteria and process details.
C(d) = Conditional use discretionary. See Articles II, IX, X, and XXII 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
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 (new, expansion, or conversion from
non-geoduck to geoduck)
PC(d)* PC(d)* C(d))* C(d))* C(d))* PC(d)*
Commented [MM(80]: ECY Change: Rec-12
Commented [AS81]: Response to Comments: 1-7. Per PC
direction on 9/1 related to geoduck aquaculture, standard
conditional use permit is now a new permit type in the SMP.
Commented [LG82]: 2011 b Periodic Checklist
Commented [LG83R82]: Responses to Comments; 1-7.
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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, X and/or XXII of this chapter for details.
C = Conditional use. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details.
C(a) = Conditional use administrative. See Articles II, IX, X, and XXII of this chapter for definition, criteria and process details.
C(d) = Conditional use discretionary. See Articles II, IX, X, and XXII 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
Ocean salvage C(d) X N/A X N/A N/AX X N/A X N/A
Ocean research C(d) X N/A X N/A X N/A X N/A N/AX
Ocean Uses [suggested alternative formatting]
Ocean energy C(d) N/A X C(d) C(d) C(d)
Ocean disposal C(d) N/A N/A N/A N/A N/A
Ocean mining C(d) N/A N/A N/A N/A N/A
Ocean oil and gas X N/A N/A N/A N/A N/A
Ocean research C(d) N/A N/A N/A N/A N/A
Ocean salvage C(d) N/A N/A N/A N/A N/A
Ocean transportation C(d) N/A N/A N/A N/A N/A
[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 give preference to uses in
the following order of preference:
(a) Recognize and protect the statewide interest over local interest;
(b) Preserve the natural character of the shoreline;
Commented [AS81]: Response to Comments: 1-7. Per PC
direction on 9/1 related to geoduck aquaculture, standard
conditional use permit is now a new permit type in the SMP.
Commented [MM(92]: ECY Change: Rec-13
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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)]
18.25.240 Designation of shorelines of statewide significance.
In accordanceAs defined herein and consistent with RCW 90.58.030(2)(ef), the following Jefferson County
shorelines are designated shorelines of statewide significance:
(1) Shorelines of natural rivers or segments thereof, including Pacific Ocean – all areas from the northern
County boundary near Teawhit Head to the southern County boundary near Queets extending seaward
to the Washington western boundary; and
(2) Rivers - portions of the Bogachiel, Clearwater, Hoh, and Quinault Rivers, that are downstream from
athe point where the mean annual flow equals of 1,000 cubic feet per second or moremean annual flow,
including shorelands; and
(2) The waters of3) Hood Canal – all areas south of the line from Tala Point and Foulweather Bluff,
between the ordinary high water mark and the line of extreme low tide south of the line between Tala
Point and Foulweather Bluff, including shorelands; and
(3) Those areas of(4) Puget Sound and the Strait of Juan de Fuca and adjacent salt waters– all areas
extending north to the Canadian line and lyingboundary that are seaward fromof the line of extreme low
tide. [Ord. 7-13 Exh. A (Art. V § 2)]
18.25.250 Optimum ImplementationUse preference.
To ensure optimum implementation of the Act, including special emphasis on statewide objectives,
consultation with state agencies, the variety of state interests, and a greater imperative for managing
ecosystem-wide processes and ecological functions that sustain resources of statewide importance, the
county shall review all development proposals within shorelines of statewide significance for
consistency with RCW 90.58.020, WAC 173-26-251, this program, and the following management
principles, which are listed in the order of preference established by JCC 18.25.230:
(1) To recognize and protect the statewide interest over local interest:
(a) Consult state and federal resource agencies, co-managers, and tribes about their applicable
policies, programs, and recommendations for development proposals that affect anadromous fish,
shellfish, marine birds, and other shoreline resources;
(b) Solicit comments, opinions, and advice from individuals with expertise in ecology, oceanography,
geology, limnology, aquaculture, and other scientific fields pertinent to a shoreline proposal’s
nature, scale, or rarity.
Commented [MM(93]: ECY Change: Rec-14
Commented [LG94]: Task Force F
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(2) To preserve the natural character of the shoreline:
(a) Include restoration and/or enhancement of ecological conditions, if such opportunities exist, for
shoreline development or redevelopment;
(b) Reforest areas subject to commercial timber harvest under the Forest Practices Act and RCW
90.58.150 as soon as possible and in accordance with the Forest Practices Act and the Forest and
Fish Report;
(c) Prefer uses that are sustainable, that do not deplete natural resources, and that are compatible
with other approved uses over uses that do not have these qualities;
(d) Promote the upgrade and redevelopment of those areas where intensive development already
exists, in order to reduce their adverse impact on the environment and to accommodate future
growth rather than allowing high intensity uses to extend into low intensity use or underdeveloped
areas.
(3) To seek long-term over short-term benefits:
(a) Preserve the range of options for shoreline use to the maximum possible extent for succeeding
generations. Do not permit development that consumes valuable, scarce or irreplaceable natural
resources if alternative sites are available.
(b) Evaluate the short-term economic gain or convenience of developments in relationship to long-
term and potentially costly impairments to the natural environment.
(c) Actively promote aesthetic considerations when contemplating new development,
redevelopment of existing facilities, or for the general enhancement of shoreline areas.
(4) To protect the shoreline resources and ecology:
(a) Prefer uses that require a shoreline location over non-water-dependent uses. Locate non-water-
oriented uses outside the shoreline jurisdiction or in areas where they will not interfere with or
displace preferred uses or public access;
(b) Protect commercial shellfish beds, areas that support recreation and tourism, and other
economic resources of statewide importance;
(c) Strictly regulate uses that have the potential to cause significant erosion and sedimentation due
to excavation, land clearing, or other activities to prevent adverse impacts to shoreline functions
and processes;
(5) To increase public access to publicly owned areas of the shoreline:
(a) Design all public access and recreation use and development to protect the ecological resources
upon which such activities depend; and
(b) Encourage public and private development to provide trails, viewpoints, water access points and
water-related recreation opportunities where conditions are appropriate for such uses.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 68/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(6) To increase public shoreline recreational opportunities:
(a) Encourage development of water-dependent facilities for recreational use of the shorelines.
(b) Locate development not requiring a waterside or shoreline location inland so that lawful public
enjoyment of shorelines is enhanced.
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 preferences and management
principles:
(1) When shoreline development or redevelopment occurs, it shall include restoration and/or enhancement of
ecological conditions if such opportunities exist;
(2(1) Use Preference: Recognize and protect the statewide interest over local interest.
Management Principles:
(a) 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(b) The County should consider state agencies' policies, programs, and recommendations in
developing and administering use regulations.
(c) Relevant to the proposal’s nature, scale, or rarity, the County should solicit comments,
opinions, and advice from individuals with expertise in ecology, oceanography, geology,
limnology, aquaculture, and other scientific fields pertinent to shoreline management.
(2) Use Preference: Preserve the natural character of the shoreline.
Management Principles:
(a) When shoreline development or redevelopment occurs, it shall include restoration and/or
enhancement of ecological conditions if such opportunities exist;
(b) 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;
(4c) 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(iv) The County should promote upgrade and redevelopment of those areas where intensive
development already exists, in order to reduce their adverse impact on the environment and to
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
accommodate future growth rather than allowing high intensity uses to extend into low
intensity use or underdeveloped areas.
(3) Use Preference: Seek long-term benefits over short-term benefit
Management Principles:
(a) The range of options for shoreline use should be preserved to the maximum possible extent
for succeeding generations. Development that consumes valuable, scarce or irreplaceable
natural resources should not be permitted if alternative sites are available.
(b) The County should evaluate the short-term economic gain or convenience of developments
in relationship to long-term and potentially costly impairments to the natural environment.
(c) The County should actively promote aesthetic considerations when contemplating new development,
redevelopment of existing facilities, or for the general enhancement of shoreline areas. (4) Use
Preference: Protect the resources and ecology of the shoreline;
Management Principles:
(a) 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;
(8b) Commercial shellfish beds, areas that support recreation and tourism, and other economic
resources of statewide importance shall be protected;
(9c) 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(5) Use Preference: Increase public access to publicly owned areas of the shoreline;
Management Principles:
(a) All public access and recreation use and development shall be designed to protect the
ecological resources upon which such activities depend; and
(11b) 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)]
(6) Use Preference: Increase recreational opportunities for the public in the shoreline
Management Principles:
(a) The County should encourage development of facilities for recreational use of the shorelines.
(b Development not requiring a waterside or shoreline location should be located inland so that
lawful public enjoyment of shorelines is enhanced.
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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 the
shoreline critical area provisions of this program, including JCC 18.22.740.
(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) Mitigation credit. 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:
(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, certified mitigation banks, and other similar approaches, provided they
have been approved and sanctioned by the Department of Ecology, the Puget Sound Partnership,
the Washington Department of Fish and Wildlife or the U.S. 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.
Commented [MM(97]: ECY Change: Rec-15
Commented [LG98]: Clarification per WDFW responses.
Commented [LG99]: 2009 b Periodic Checklist
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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; 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, 200810, 2020 (Ordinance No. Ord.
03-0317-08), and further amended in May 2009 (Ordinance No. 06-0511-09), and August 2010 (Ordinance No.
04-0809-1005-0310-205-20 § 2) are hereby incorporated by reference to become shoreline provisions
of this program; 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, shoreline 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.
(i) 18.22.230 General Exemptions shall only apply in shoreline jurisdiction as allowed by
Section .560 and other applicable provisions of this program;
(ii) 18.22.240 Nonconforming Uses and Structures shall only apply in shoreline jurisdiction as
allowed by Sections .270, .660 and other applicable provisions of this program;
(iii) 18.22.250 Variance shall only apply in shoreline jurisdiction as allowed by Section .580 and
other applicable provisions of this program;
(iv) 18.22.260 Reasonable Economic Use Exceptions shall not apply in shoreline jurisdiction;
deviation from required buffers shall only be as specifically allowed by applicable
provisions of this program or by shoreline variance per Section .580;
Commented [LG100]: Staff Docket/Code Interpretations
- SMP//CAO clarification
Commented [MM(101]: ECY Change: REQ-4 and Rec-15
Commented [LG102]: Response to Comment: 12.7
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(v) 18.22.530 Geologically Hazardous Areas (8)(b) building setback shall not apply in shoreline
jurisdiction, replaced by Section .270(4)(d) and other applicable provisions of this
program;
(vi) 18.22.630 Fish and Wildlife Habitat Conservation Areas (5)(b) Prescriptive Buffers Table 1
Stream Buffer for Type “S” Shoreline Streams, and Table 2 Buffers for Other FWHCAs (i.e.
shoreline lakes, and marine waters) shall not apply, and are replaced by the applicable
Section .270(4)(e) Standard Shoreline Buffers of this program;
(i)(vii) 18.22.710 (1) Wetland Delineation shall only apply in shoreline jurisdiction when in
accordance with the approved federal wetland delineation manual and applicable regional
supplements. ...;
(b) Both Chapter 18.25 JCC and Chapter 18.22 JCC apply within shoreline jurisdiction. In the event
the shoreline critical area development or performance standards established in (4)(a) above in
Chapter 18.22 JCC are internally inconsistent with other standards and requirements in this
program, the provisions most protective of shoreline and critical area resources and/or that best
implement the policies of the SMA shall prevail. this program shall govern.
(c) Unless otherwise specified in this program, a shoreline 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. Critical area buffers shall apply to all critical areas
located in shoreline jurisdiction. 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 in this program.
(i) Stormwater tightline and outfall pipes are considered development, and may pass through
buffers in support of new or existing development, provided that no other upland alternatives are
feasible and the criteria in (ii) to (v) are met.
(ii) Stormwater tightline and outfall pipes design shall be designed by a qualified professional. The
installation of the stormwater improvements may be within the shoreline buffer and within a
geologically hazardous area buffer if a qualified geotechnical or stormwater engineer submits a
signed and stamped report with supporting analysis that recommends locating such development
within the shoreline buffer.
(iii) The stormwater tightline and outfall pipes shall be designed to be principally above ground and
above the ordinary high water mark.
(iv) Stormwater tightline and outfall pipes design shall be designed to minimize vegetation and soil
disturbance. The proposal shall include restoration or enhancement of vegetation as part of
installation. The design shall limit the use of surface anchors. Use of hard armor shall be prohibited
to ensure scour protection.
Commented [MM(103]: ECY Change: REQ-4
Commented [LG104]: Response to Comment: 12.8.
Commented [MM(105]: ECY Change: Rec-16
Commented [LG106]: Response to Comment: 15.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 75/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(v) Where applicable, conditions for being determined exempt in support of existing development
must also be met per (5)(f) below.
(e) Standard Shoreline Buffer. The standard shoreline 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) Pre-existing Shoreline Buffer/Setback. The county shall recognize and apply a The shoreline
buffer and/or setback specifically established for the subject lot/parcel by an legal existing plat,
preliminary plat, unexpired issued permit, binding site plan (BSP), site plan approval advance
determination (SPAAD), or a development agreement that is consistent with Chapter 36.70B RCW
shall prevail over the standard buffer and/or setback required by this program. When less than the
standard distance, a pre-existing buffer may be averaged as allowed by this program, but not be
further reduced without a variance.
(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. “Active use” of a buffer may include:s minor vegetation alteration
for lawn, views, or a pervious trail/pathway per JCC 18.25.310;, and necessarily sited portions of an
accessory utility, boating facility and or beach access structures sited landward of OHWM per JCC
18.25.270(5)(d) and other applicable provisions. , and stormwater tightlines or outfalls that meet
the standards of JCC 18.25.270(4)(d). ‘Active use’ does not include a patio, detached deck, gazebo,
outdoor kitchen, garden hardscaping, shed/storage, or other impervious surfaces or structural
improvements. Such allowed ‘active use’ features should be clustered to minimize buffer impacts.
This regulation shall not apply retroactively to legal pre-existing uses or structures, except when
new use or development is proposed.. Applicant shall clearly describe any proposed ‘active use’
features and accurately depict them in the site plan.).
(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 shoreline critical area approval
criteria in JCC 18.22.640(1) and (2) are met. All other shoreline buffer reduction or shoreline buffer
averaging proposals shall require a shoreline variance.
Commented [LG107]: Staff Docket/Code Interpretations refer to shorelines to avoid confusion with critical area buffers
Commented [MM(108]: ECY Change: Rec-16
Commented [LG109]: Response to Comment 12.5.
Commented [MM(110]: ECY Change: Rec-16
Commented [LG111]: Response to Comment: 15.
Commented [MM(112]: ECY Change: Rec-14
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 76/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
(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 standard shoreline buffer width requirement of an
SMA-regulated waterbody using the CASP standards of this program described in Article IX of
Chapter 18.22.965 JCC, such buffer modification shall require a shoreline variance. If the proposed
CASP buffer modification is for a wetland or fish and wildlife habitat conservation area that is
physically separated from the SMA-regulated waterbody, no shoreline variance shall be required.
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. Type II
Shoreline Substantial Development (SDP) permit.
(5) Regulations – Exceptions to Critical Area and Shoreline Buffer Standards.
(a) Nonconforming Lots – Development Allowed without a Variance (Modest Home Provision). New
singleSingle-family development on a any legal lot in shoreline jurisdiction that is nonconforming lot
with respect to may encroach into the required standard shoreline buffer standards may be allowed
without a shoreline variance when:
(i) The lot is nonconforming as defined by this program at JCC 18.25.100 and Tthe depth of the
lot (distance from the ordinary high water mark to the inside edge of the frontage
setbackfurthest landward property line) is equal to or less than the standard shoreline buffer
required by as indicated in subsection (4)(e) of this section; and
(A) Where the property lines are not equidistant, the midpoint of the difference in
distance shall be used.
(ii) The building area lying landward of the shoreline buffer and interior to is not more than
2,500 square feet, required sideyard setbacks is not more than 2,500 square feet and the
driveway is not more than 1,100 square feet, and both meet required side yard and/or frontage
setbacks unless varied under (v) below. 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 as defined in subsection (b) of this section; 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
Commented [MM(113]: ECY Change: REQ-4; REQ-5; Rec-
17
Commented [LG114]: Staff Docket/Code Interpretations
Commented [MM(115]: ECY Change: Rec-18
Commented [LG116]: Staff Docket/Code Interpretations
Commented [LG117]: Response to Comment: 12.3
(related / similar language).
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 77/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(v) Opportunities to average or reduce the standard shoreline buffer per (4)(j) above, and/or to
vary the side yard and/or frontage setbacks, are implemented to alleviate or 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 the
nonconformity; and
(viii) The lot is not subject to geologic hazards and is not a no-bank marine shoreline at risk for
impacts of sea level rise; and
(ix) The standard shoreline buffer is reduced by the minimum necessary to ensure that Aall
structures are as far landward as possible and not closer than 30 feet from the ordinary high
water mark. The standard building setback of Section .300 still applies to the reduced buffer;
and
(x) At least 80 percent of the remaining buffer area between the structures and the shoreline
and/or critical area is maintained in a naturally vegetated condition or if not fully vegetated,
enhanced by planting native vegetation per the planting standards of 18.25.660.
(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, as defined by this program at JCC 18.25.100. The reduced buffer shall be no less than 30 feet
from the ordinary high water mark, and a standard building setback per Section .300 shall apply,
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)).
Commented [MM(118]: ECY Change: Rec-19
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 80/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
Figure 18.25.270(4)
(iv) If development applying the common line buffer hasve similar constraints to properties in
(5)(a) of this section for modest home provisions, the provisions of (5)(a) shall be applied in
conjunction with (5)(b) of this section.
(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
Commented [LG119]: Response to Comment: 12.9.
Commented [MM(120]: ECY Change: REQ-4
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 81/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
(v) Public access structures, including but not limited to docks, piers, floats; and
(vi) Certain utilities and essential public facilities as allowed by the shoreline critical area
provisions specified in JCC 18.25.530. [Ord. 7-13 Exh. A (Art. VI § 1)]
(e) Nonconforming Septic RepairReplacement. The repair and replacement of an existing on-site
sewage (OSS; or ‘septic’) system located in the buffer may be allowedauthorized as as normal repair
and maintenance in the buffer as an exemption under SectionJCC 18.25.560(2) of this Program if the
system meets all the following criteria are met:
(i) The existing 0SS system qualifies as a legal nonconforming structure as defined in this
Program;
(ii) The proposed replacement is necessary to prevent the decline, lapse, or cessation from a
lawfully established condition;
(iii) New tank, drainfield and reserve drainfield areas are sited to pose the least intrusive
location given system design constraints and site constraints, including but not limited to
existing legal development, critical areas, and topographical constraints;
(iiiv) The new 0SS system is for replacement of a damaged/failed 0SS system with the
equivalent capacity of the nonconforming system and is comparable in size, shape, and
configuration; and
(iv) The replacement system does not increase the degree of nonconformity, except when
design elements are necessary to improve environmental conditions; and
(vi) The footprint of the replacement system, including all components such as tank, drainfield,
and reserve area, is counted toward the ‘active use area’ of the buffer per subsection (4)(i) of
this section.
(f) Stormwater ImprovementsFacilities. Stormwater facilities are development and may be
considered part of the primary use when located on site as an accessory utility feature, as defined
by this program. When location outside the shoreline buffer is infeasible, Administrator may allow
stormwater facilities to locate in the buffer only as follows:
(i) Applicant must demonstrate:
A. The stormwater facility is either: a normal appurtenance for an SDP exempt single-
family residential primary structure; or an accessory utility serving a new, existing legal,
or legal non-conforming primary use; and
B. Conveyance, discharge and/or infiltration cannot be accommodated on site landward of
the buffer consistent with shoreline critical area protection standards for erosion
control. This shall be substantiated by a geotechnical report and/or an engineered
stormwater plan. Per JCC 18.30.070(a), a stand-alone engineered stormwater plan
Commented [MM(121]: ECY Change: REQ-4
Commented [MM(122]: ECY Change: REQ-6 and Rec-20
Commented [LG123]: Code Interpretation #1
Commented [LG124]: Response to Comment: 12.10.
Commented [MM(125]: ECY Change: REQ-7, Rec-15 and
Rec-21
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 82/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
prepared by a geotechnical professional who meets the qualifications in JCC 18.10.070
may be accepted by the administrator; and
C. Any stormwater improvement is otherwise consistent with shoreline critical area
protection standards. This shall be substantiated by a critical areas special report
approved by the administrator; and
D. The footprint of the new or improved stormwater facility is counted toward the ‘active
use area’ of the buffer per subsection (4)(i) of this section.
(ii) Conveyance/Discharge - Stormwater tightline and outfall pipes shall be designed and
installed to meet the following criteria:
A. Qualified Professional. Location within the shoreline buffer and/or within a geologically
hazardous area buffer if a qualified geotechnical or stormwater engineer submits a
signed and stamped report with supporting analysis that recommends locating such
development within the buffer;
B. Above Ground. Installation to be principally above ground and landward of the ordinary
high water mark; and
C. Minimize vegetation and soil disturbance. Installation shall include restoration or
enhancement of native vegetation and limit the use of surface anchors. Use of hard
armor shall be prohibited to ensure scour protection.
(iii) Improvements to Existing – Improvements to retrofit or replace an existing stormwater
facility in the buffer that is failing, damaged, substandard, or non-conforming may be authorized
as normal repair when all the following criteria are met:
A. Applicant demonstrates that replacement is the needed repair, and how retrofitting or a
comparable replacement will improve consistency with current stormwater standards,
especially low impact development techniques, and avoid future shoreline erosion,
vegetation disturbance, and habitat damage;
B. Redesign and reconstruction ensure the replacement will not further encroach the
shoreline buffer or a critical area buffer specified by a geotechnical report; and
C. When a replacement is processed per JCC 18.25.550, such statements of exemption
shall contain conditions and/or mitigating performance measures per JCC 18.25.270 to
achieve consistency and compliance with the provisions of this program and Act.
(iv) When allowed to locate in the buffer as described above:
A. The footprint shall count towards the ‘active use’ area allowed by JCC 18.25.270(4)(i)
Buffer Usage; and
A.B. The stormwater facility may also locate in and/or pass through the required building
setback.
Stormwater improvements may be allowed in the buffer as an exemption under SectionJCC
18.25.560(2) of this Program when all the following criteria are met:
(i) The stormwater improvement is appurtenant to an existing legal structure, or a legal non-
conforming structure, or an approved Site Plan Advance Approval Determination (SPAAD);
(ii) Stormwater discharge cannot be accommodated on site or upland because it would
compromise protection standards for erosion control, which can be substantiated by a
geotechnical report per Articles V and IX, Chapter 18.22 JCC and/or an engineered stormwater
plan when required per JCC 18.30.070(a) stand-alone engineered stormwater plan is acceptable
Commented [LG126]: Code Interpretation #2
Commented [LG127]: Response to Comment: 12.11.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 83/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
if the preparer meets the qualifications in JCC 18.10.070 as a geotechnical professional that is
approved by the administrator;
(iii) Stormwater improvements would not compromise protection standards for critical areas
that occur within shoreline jurisdiction, which can be substantiated by a special report (including
Critical Area Stewardship Plans) adhering to Articles VI, VII, VIII orand IX, Chapter 18.22 JCC and
is approved by the administrator;
(iv) Any stormwater improvement constructed as part of this buffer exception would not be
allowed to develop closer to or within a critical area buffer specified by a geotechnical report or
the shoreline buffer that the development is approved by SPAAD permitting.
(v) As appropriate, such statements of exemption shall contain conditions and/or mitigating
performance measures per JCC 18.25.270 to achieve consistency and compliance with the
provisions of this program and Act; and
(vi) A consistency review is conducted regarding the critical area buffer exemption per JCC
18.22230(4)(g) and (2).
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.
Commented [LG128]: Response to Comment: 12.12.
Commented [LG129]: Response to Comment: 12.11.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 89/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(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 standard all
shoreline buffers required by this program. per A building setback shall also apply to the shoreline
critical area buffers, as established by 18.25.270(4)(d). A building setback shall not apply to
structures approved under the common line or modest home provisions of 18.25.270.
(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. Sideyards shall be consistent in depth with underlying zoning requirements.
(c) Height. 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 The Administrator may allow
a greater height when the project proponent provides sufficient information to demonstrate the
taller building/structure:
(i) will not obstruct the view of a substantial number of residences on or areas adjoining such
shorelines;.
(ii) will serve the overriding consideration of the public interest; and
(iii) is not expressly prohibited by this program.
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) Applicants forseeking building heights greater than 35 feet may seek a Shoreline Variance in
order to address sea level rise whenshall demonstrate that:1
1 Add similar edit to zoning code: [[ECY Change: Rec-40]]
18.30.050 Table 6-1. Density, Dimension and Open Space Standards
Building Height7,8, 20 (feet)
Commented [MM(130]: ECY Change: Rec-22
Commented [LG131]: Response to Comment: 12.13
Commented [LG132]: Cross ref - restoration 80% as
rationale.
Commented [LG133]: Staff Docket/Code Interpretations
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 90/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(i) the applicant has demonstrated that it is infeasible to otherwise retreat, accommodate, or
protect the structure;
(ii) the added height is no greater than that necessary to accommodate the projected sea level
rise as determined by a qualified professional to the satisfaction of the Shoreline Administrator;
and
(iii) the added height will not obstruct the view of a substantial number of residences on areas
adjoining such shorelines. The County may require a visual impact analysis of views from various
locations to determine if the shoreline view for adjacent properties will be significantly
obstructed as part of a development proposal; and
(iv) overriding consideration of the public interest will be served.
(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 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
20. An applicant may request an increase in height above 35 feet as a Type III decision considering
variance permit criteria in order to address sea level rise in shoreline jurisdiction per JCC 18.25.300.
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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 all shoreline and critical area 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 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
Commented [MM(134]: ECY Change: REQ-4
Commented [LG135]: Staff Docket/Code Interpretations
Commented [LG136]: Staff Docket/Code Interpretations
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 92/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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 maintainretain existing native
shoreline vegetation to the maximum extent practicable, except that the following activities shall be
exempt excluded from this requirement:
(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) MaintenanceNormal maintenance of existing residential landscaping, such as lawns and
gardens, pursuant to consistent with all applicable provisions of this Program, including Section
18.25.560 of this Program and JCC 18.22.230(4)(m);) . Expansion of landscaping into a buffer
area or other area of existing native vegetation is not normal maintenance;
(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);) for purposes other than view
maintenance;
(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
Commented [LG137]: Staff Docket/Code Interpretations This phrase seems out of place in this View Maintenance
sub-section.
Commented [MM(138]: ECY Change: Rec-23
Commented [LG139]: Staff Docket/Code Interpretations
Commented [MM(140]: ECY Change: Rec-15
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 95/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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)]
.335 General Policies
The following general policies apply to all shoreline modifications:
(1) Structural modifications should only be allowed where demonstrated as necessary:
(a) To support or protect an allowed primary structure or a legally existing shoreline use that is in
danger of loss or substantial damage; or
(b) For reconfiguration of the shoreline for mitigation or enhancement purposes.
(2) To reduce adverse effects, modifications should be limited in number and extent as much as
possible.
(3) Only allow modifications appropriate to the specific type of shoreline and environmental conditions
for which they are proposed, including consideration of appropriate scientific and technical information,
and analysis of drift cells for marine waters or reach conditions for river and stream systems.
(4) Modifications should not individually or cumulatively result in a net loss of ecological functions.
Preference should be given to those types of modifications that have a lesser impact on ecological
functions and identified impacts should be mitigated.
(5) County should plan for the enhancement of impaired ecological functions where feasible and
appropriate while accommodating permitted uses. As modifications occur, all feasible measures to
protect ecological shoreline functions and ecosystem-wide processes should be incorporated.
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.
(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.
Commented [MM(142]: ECY Change: Rec-24
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 96/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(b) Aquatic. Public beach access structures may be permitted as a conditional use, provided they are
associated with a water-dependentoriented 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-dependentoriented 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 privatebeach access structures may be permitted, provided they are
associated with a water-oriented use that includes public access to the shoreline. Private beach
access structures may be permitted as a conditional use, provided they are consistent with the
provisionspolicies and regulations 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 provisionspolicies and regulations of this
program.
Commented [MM(143]: ECY Change: Rec-25
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 100/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(i) Boat Launches – Nonresidential. Only public and private launches serving water-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 unless an applicant can demonstrate that a joint use or community structure is not
feasible. Shared boating facilities, such as joint use docks/piers/floats or community
docks/piers/floats, 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.
(ii) A public dock, pier or float for recreational use may be allowed with a conditional use
permit.
Commented [MM(147]: ECY Change: Rec-26
Commented [AS148]: Response to Comment 13: Edits
made in response to Ecology concerns expressed in June 11/14, 2021 emails regarding clarity of terminology and
regulations surrounding requirements for shared dock
facilities.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 102/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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;. To the
existent feasible, boat launches in marine waters shall follow the design and construction
standards in WAC 220-660-390(3 and 4) and in fresh waters shall follow the design and
construction standards in WAC 220-660-150(3 and 4);
(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 boatBoat 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) PublicNonresidential 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 publicnonresidential 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 boatBoat launches shall be located and designed to prevent traffic hazards and minimize
traffic impacts on nearby access streets.
(g) PublicNonresidential 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) Privateh) Residential boat launches shall be allowed only when publicpublicly accessible
nonresidential 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. Rail and track systems shall be preferred over
concrete ramps or similar facilities.
(c(i) No more than one private boat launch facility or structure shall be permitted on a single parcel
or residential lot.
(54) Regulations – Docks, Piers and Floats – Nonresidential.
(a) Docks, piers and floats, as defined in Article II of this chapter, associated with commercial
(including private recreational use by hotel, motel, campground, tours/rentals), industrial, port or
Commented [AS149]: Language added in response to
WDFW comment provided in letter dated 11/23/2020.
Commented [MM(150]: ECY Change: Rec-26
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 103/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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 decking 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:
(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.
Commented [MM(151]: ECY Change: Rec-10
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 104/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(65) 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; applicant shall
demonstrate need by providing documentation of the vessel/watercraft to be
moored/accessed, including a current vessel title and registration, or for exempt vessels (e.g.
canoes, kayaks, or strictly human powered watercraft with no motor or sail) a photograph,
written description and bill of sale to confirm ownership; 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
(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:
Commented [MM(152]: ECY Change: Rec-26
Jefferson County Code
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SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 decking or gangplanks in nearshore areas; and
(iii) The maximum structure height above water should be employed, consistent with safety
and usability.
(i) Joint use or community docks/piers/floats to provide shared moorage/launching are required in
the following circumstances, unless an applicant can demonstrate that only a single-user facility is
feasible:
(i) New residential development of two or more dwellings. At least two of the users must own
adjacent waterfront lots; if three or more adjoining waterfront lots are part of the new residential
development, then no more than one dock/pier/float may be permitted for each three adjoining
waterfront lots, with necessary access easements or other legally enforceable shared use
agreements to be recorded at the time of permitting.
(ii) Existing rResidential developments with more than four lots or dwelling units may be granted
permits 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 or other legally enforceable shared use agreements to be recorded at the time of
permitting.
a shared use facility is not feasible. Both existing and new residential development of two or more
dwellings, shall provide joint use or community dock facilities, whenever feasible, rather than allow
individual docks for each residence, as follows:
(i) A joint use facility is required when:
A. Shared by at least two (2) and no more than four (4) adjacent waterfront lots;
A.B. Shared by five (5) or more adjacent waterfront lots where at least three (3) adjacent lots
must share one boating facility;
(ii) A community facility is required when:
Shared by at least two (2) adjacent waterfront lots, and at least one (1) upland lot in the
same subdivision.
Commented [MM(153]: ECY Change: Rec-10
Commented [MM(154]: ECY Change: Rec-26
Commented [AS155]: Response to Comment 13: Edits
made in response to Ecology concerns expressed in June 11/14, 2021 emails regarding clarity of terminology and
regulations surrounding requirements for shared dock
facilities.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 106/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
No more than one dock/pier/float may be permitted for each three adjoining waterfront lots.
Where an existing dock/pier/float facility is located on an adjacent lot/parcel, the applicant shall
first seek to establish a shared use agreement. When documented in writing that the adjacent
owner refuses to allow shared use of their facility, then a single-user facility may be allowed,
consistent with the provisions of this program.
(iv) All joint-use or community docks/piers/floats require a legally enforceable shared use and
access agreement recorded at the time of permitting, and shall at minimum address the following:
a. Apportionment of expenses for construction and maintenance of both the facility/structure
and the access area;
b. Access easements and liability; and
c. Use restrictions.
(j) Existing Subdivisions. 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 such a new single-user
dock/pier/float for an single individual residential lot, the applicant shall demonstrate that:
(i) Existing facilities in the vicinity, including marinas and joint-use or community
docks/piers/floatsshared 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 (i.e. skiff/dinghy), 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 joint-use or community shared
dock/pier/float 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).
Commented [LG156]: Related to Response to Comment
13: Edits made in response to Ecology concerns expressed in
June 11/14, 2021 emails regarding clarity of terminology
and regulations surrounding requirements for shared dock
facilities.
Commented [LG157]: Response to Comment: 13
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 126/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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, which can no longer
adequately serve its purpose 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:
(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 using geotechnical analysis to assure that future
development or use of the established lots will not require structural shoreline armoring or
shoreline stabilization.
(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 or shoreline stabilization 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.
Commented [MM(164]: ECY Change: REQ-8
Commented [LG165]: added per WAC 173-26-
231(3)(a)(iii)(A)
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 127/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(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 structure or water-
oriented use, support a water-dependent development or new non-water dependent
development, including a single family 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
Chapter 18.30.07015.15 JCC.
(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) Applicant shall consider the range of options described in the most current technical guidance,
including but not limited to Soft Shoreline Stabilization (Ecology 2014), Marine Shoreline Design
Guidelines (WDFW 2014), and similar. 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) Nonstructural measures including iIncreased buffers/building setbacks, drainage/runoff
management, and/or relocated structures.
(iii) (iii) Use of flexible/natural, soft, or hybrid materials and methods, vegetation
enhancement/stabilization, beach nourishment, protective berms, or bioengineered shoreline
stabilization. Soft approaches shall be used unless demonstrated not to be sufficient to protect
primary structures, dwellings, and businesses.
Commented [MM(166]: ECY Change: REQ-8
Commented [LG167]: Staff Docket/Code Interpretations
Commented [LG168]: Response to Comment: 12.15
Commented [MM(169]: ECY Change: Rec-27
Commented [LG170]: Added per WAC 173-26-
231(3)(a)(iii)(E)
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 130/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 –Shoreline Stabilization (including bioengineering and biostabilization). New,
expanded, or replacement proposals for shoreline stabilization shall comply with applicable policies and
regulations in subsections (1), (2), and (11) of this section. If a stabilization proposal also includes hard
armoring, the proposal shall be reviewed under applicable policies and regulations in subsections (1)
through (9) and (11) of this section. Soft shoreline stabilization measures that provide restoration of
shoreline ecological functions may be permitted waterward of the ordinary high-water mark.
(11) 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 structural
shoreline armoring or 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; (ii) the height, length, and width of
existing and proposed armoring or stabilization; and (iii) the location of existing and proposed
shoreline stabilization, shoreline armoring structures, and any fill including dimensions indicating
distances to the OHWMand compass bearing between the face of the proposed armoring or
stabilization and the OHWM, appropriate tidal elevation, and permanent benchmarks; 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(f) If required per subsections (4) and (5) above, a geotechnical report prepared by a licensed
geotechnical engineer or engineering geologist. The report shall address the necessity for shoreline
stabilization or structural shoreline armoring to protect a primary structure by estimating time
frames and rates of erosion and assessing the urgency associated with the specific situation. As a
general matter, hard armoring solutions should not be authorized except when a report confirms
that there is a significant possibility that such a structure will be damaged within three years as a
result of shoreline erosion in the absence of such hard armoring measures, or where waiting until
the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on
ecological functions. Thus, where the geotechnical report confirms a need to prevent potential
damage to a primary structure, but the need is not as immediate as three years, that report may
still be used to justify more immediate authorization to protect against erosion using soft measures.
(g) 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
Commented [MM(174]: ECY Change: Rec-27
Commented [AS175]: edits made in response to WDFW
comment letter dated 11/23/2020
Commented [MM(176]: ECY Change: Rec-27
Commented [LG177]: added per WAC 173-26-
231(3)(a)(iii)(D)
Commented [LG178]: Staff Docket/Code Interpretations
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 132/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(i) Collaborate with partners such as North Olympic Development Council (NODC), Washington
State University (WSU), and Jefferson County Conservation District to assess likely impacts of
climate change on agriculture and to develop mitigation and adaptation strategies suited to
Jefferson County’s soils and farm economy. (Comprehensive Plan Policy NR-P-8.6)
(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 agricultureal activities
on agricultural lands. Agricultural activities on agricultural lands, meeting the critical area
exemption at JCC 18.22.230(4)(a), are also exempt from both JCC 18.22.230 and this program
pursuant to RCW 90.58.065.
Commented [LG179]: Comp Plan: Policy NR-P-8.6
Commented [LG180R179]: Task Force C
Commented [MM(181]: ECY Change: REQ-9 and Rec-27
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 140/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(C) Predator exclusion devices shall blend with the natural environment.
(D) Aquaculture operators shall routinely inspect and maintain predator exclusion devices.
(E) Predator exclusion devices such as rubber bands, small nets, and area netting can be
dislodged and pose a hazard to birds, marine mammals, and other wildlife and domestic
animals., and thus are Once dislodged, such devices shall be promptly recovered and/or
disposed of to minimize the risk of harm to wildlife and, if not, may be subject to Jefferson
County public nuisance regulations (Chapter 19.10).
OR
(E) Predator exclusion devices such as rubber bands, small nets, and area netting can be
dislodged and pose a hazard to birds, marine mammals, and other wildlife and domestic
animals, and thus should be maintained and disposed of as needed to minimize the risk of
harm to wildlife.
(F) Predator exclusion devices shall be removed as soon as they are no longer needed to
perform protective functions.
(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 Section 401 of the Federal Clean Water Act, Section 401, and the
Washington State Water Pollution Control Act (Chapter 90.48 RCW).
(xvi) Equipment, structures and materials shall not be discarded in the water and shall not be
abandoned in the upland. Aquaculture structures and equipment used on tidelands below
ordinary high water shall be of sound construction, with the owners’ identifying marks where
feasible, and shall be so maintained. Abandoned or unsafe structures and/or equipment shall
be promptly removed or repaired by the owner.
(xvii) No garbage, wastes or debris shall be allowed to accumulate at the site of any
aquaculture operation, except for in proper receptacles.
(xviii) All floating and submerged aquaculture structures and facilities in navigable waters shall
be marked in accordance with U.S. Coast Guard requirements.
(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
Commented [MM(190]: ECY Change: Rec-28
Commented [LG191]: Response to Comments 1-7: Intent is to match Kitsap County Code. The appropriate reference
to JCC nuisance regulations may work (fairly technical), or
the intent of the provision could be another way to address
it.
Commented [AS192]: Response to Comments 1-7:
Language incorporated from Kitsap County Code per PC direction on 9/1/21. First sentence relocated from 5(t)
below as it is not exclusive to finfish.
Commented [AS193]: Response to Comments 1-
7:Language incorporated from Kitsap County Code per PC direction on 9/1/21.
Commented [AS194]: Response to Comments 1-
7:Language incorporated from Kitsap County Code per PC
direction on 9/1/21.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 141/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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.
(fxix) Aquacultural facilities shall be designed and located so as not to spread disease to native
aquatic life, establish new nonnative species which cause significant ecological impacts, or
significantly impact the aesthetic qualities of the shoreline.
(f) The rights of treaty tribes to aquatic resources within their usual and accustomed areas are
addressed through direct coordination between the applicant/proponent and the affected tribe(s).
Jefferson County will notify affected tribes of new shoreline permit applications utilizing the
applicable notification process in Chapter 18.40 JCC (Permit Application and Review
Procedures/SEPA Implementation).
(g) No processing of any aquaculture product, except for the sorting and culling of the cultured
organism and the washing or removal of surface materials or organisms after harvest, shall occur in
or over the water unless specifically approved by permit. All other processing and related facilities
shall be located on land and shall be subject to the regulations for commercial uses (JCC 18.25.450)
and industrial uses (JCC 18.25.470), in addition to the provisions of this section.
(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 approvalpermit (C(d)) subject to the policies and 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) In addition to the application requirements for all aquaculture listed in JCC 18.25.440(7) below,
Aall 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;
Commented [LG195]: Staff Docket/Code Interpretations
Commented [AS196]: Relocated from the commercial
geoduck section; this is the more appropriate location for
these general provisions. Language from WAC 173-26-
241(3)(b)(C)
Commented [MM(197]: ECY Change: REQ-10
Commented [AS198]: Response to Comments 1-
7:Language incorporated from Kitsap County Code per PC
direction on 9/1/21.
Commented [AS199]: Response to Comments 1-
7:Language incorporated from Kitsap County Code per PC
direction on 9/1/21.
Commented [AS200]: Response to Comments 1-7:As
needed, incorporated into (7) below. Deleted this section
as now redundant.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 147/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 ServicesWaste Management. (i) All in-water finfish aquaculture facilities shall be designed,
located and operated to:
(Ai) Provide estimates of high, average, and low volumes of waste to be produced, including
catastrophic events;
(Bii) Provide a waste management plan to include the method and frequency of collection,
storage and disposal; and
(Ciii) Ensure compliance with local, state, and 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 – Geoduck.
(a) Conditional use permits.
(i) CUPs are required for new commercial geoduck aquaculture. Where the applicant proposes
to convert including conversion of existing nongeoduck aquaculture to commercial geoduck
aquaculture and expansions of existing commercial geoduck aquaculture, a conditional use
permit is only required if the conversion includes an increase of more than 25% of either the in-
water or above-OHWM operations area or facilities. If the expansion exceeds 25%, the entire
operation shall be considered new aquaculture and shall be subject to applicable permit
requirements of this section. required.
(ii) All subsequent cycles of authorized planting and harvest shall not require a new conditional
use permit unless a specific project or practice would substantially interfere with normal public
use of the surface waters, including public access or passage, and was not considered during
review or approval of the original conditional use permit.
Commented [AS204]: Response to Comments 1-
7:Retitled based on content.
Commented [AS205]: Response to Comments 1-
7:Relocated to general regulations in (4) above.
Commented [LG206]: 2011 b Periodic Checklist
Commented [GU207]: AJS: Requirements for CUP for
new commercial geoduck aquaculture added per WAC 173-
26-241(3)(b)(iv)(A)
Commented [LG208]: Responses to Comment1: 1-7
Commented [MM(209]: ECY Change: REQ-10 and Rec-29
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 148/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(iii) A single conditional use permit may be submitted for multiple sites within an inlet, bay or
other defined feature, provided the sites are all under control of the same applicant and within
the same shoreline permitting jurisdiction.
(iv) The CUP issued by the county shall include monitoring and reporting requirements
necessary to verify that geoduck aquaculture operations are in compliance with shoreline limits
and conditions set forth in the CUP and to support cumulative impacts analysis.
(v) The county shall review the considerations listed in WAC 173-26-241(3)(b)(iv)(L)(I)-(XII)
during development of permit conditions necessary to avoid or limit impacts from geoduck
aquaculture siting and operations and to achieve no net loss of ecological functions. The listed
considerations are regarding impervious materials, motorized vehicles, time periods for limited
activities, site alterations, property corner markers, mitigation measures, predator exclusion
devices, turbidity minimization, use of barges/vessels, navigation rights, housekeeping
practices, and public access.
(b) Siting and design. In addition to the siting provisions of subsections (4)(f) and (g), commercial
geoduck aquaculture should shall only be allowed where sediments, topography, and land and
water access support geoduck aquaculture operations without significant clearing or grading.
(c) Commercial geoduck aquaculture workers shall be allowed to accomplish on-site work during low
tides, which may occur at night or on weekends. Where such activities are necessary, noise and light
impacts to nearby residents shall be mitigated to the greatest extent practicable.
(7) Regulations – Application Requirements. In addition to the minimum application requirements in
JCC 18.25.630, aquaculture applications shall include the following information if not already provided
to the county as part of submitted local, state or federal permit applications and supporting studies. To
minimize redundancy, applicants are encouraged to include supporting permit applications and studies
otherwise required by state and federal agencies to provide the information required below. The county
may require submittal of these materials. The county shall accept these materials and only require
additional application materials to the extent needed to address information in subsections (a) through
(d). Where requested information is not applicable to a specific proposal, the application shall not be
required to include all items listed under this section as long as it is demonstrated why the information
does not apply, with concurrence from the administrator.
(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(a) To ensure
provisions of this program are met, including, but not limited to,applicants must submit the following
information:
(a) A site plan, including:
(i) The perimeter of the proposed aquaculture operation area;
(ii) Existing bathymetry depths based on mean lower low water (MLLW datum);
(iii) Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other
modifications;
Commented [MM(210]: ECY Change: Rec-29
Commented [MM(211]: ECY Change: Rec-29
Commented [AS212]: Response to Comments 1-7:Added
per WAC 173-26-241(3)(b)(iv)(H)
Commented [MM(213]: ECY Change: Rec-29
Commented [GU214]: AJS: Modifications made to
address application requirements for geoduck. These
seemed like appropriate requirements for all aquaculture, so integrated into this existing section. See WAC 13-26-
241(3)(b)(iv)(F)
Commented [AS215R214]: Response to Comments 1-
7:Additional modifications made to integrate Kitsap
language per PC direction (9/1/21)
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 150/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(v) Schedule of development and maintenance;
(iiiii) Number, types and dimensions of structures, apparatus or equipment.
(iiiivi) Predator control methods including types of predator exclusion devices.;
(vii) Anticipated use and type of any feed, herbicides, antibiotics, vaccines, growth stimulants,
antifouling agents, or other chemicals and an assessment of predicted impacts;
(ivviii) Anticipated levels of and management practices that minimize and address impacts from
mooring, parking, noise, light, litter, and odor and other activities associated with
operationsplans for minimizing their impacts.;
(ix) Methods and location of waste disposal and sanitation facilities;
(x) Number of employees/workers necessary for the project, including average and peak
employment;
(xi) Methods to address pollutant loading, including biological oxygen demand (BOD);
(xii) A schedule for water quality monitoring, where required;
(vvixiii) Description of waste water management, including Ppotential impacts to animals,
plants, and water quality due to the discharge of waste water from any upland development.;
and
(vi(viixix xiv) Measures to address direct, indirect and cumulative impacts to achieve no net loss
of ecological functions consistent with the mitigation sequence described in WAC-173-26-201
(2)(e) Section .270(2)(d).
(viii) Management practices that address impacts from mooring, parking, noise, lights, litter, and
other activities associated with operations.
(cd) Prior to approving a permit for floating/hanging or upland aquaculture use and development or
bottom culture involving structures or installation of materials such as tubes or predator exclusion
devices, the county may shall require a visual analysis, including photo analysis/simulation of the
proposed activity, prepared by the applicant/proponent. The analysis shall describinge effects on
nearby uses and aesthetic qualities of the shoreline within a quarter-mile of the site. during a range
of tides from mean high to mean low, including what views in the vicinity would be altered or
obstructed, such as public access views and views from substantial numbers of private residences,
and shall identify proposed measures to reduce impacts. The analysis shall demonstrate that
adverse impacts on the character of those areas are effectively mitigated.
(e) Other applications and reports, when applicable or requested, to ensure compliance with permit
conditions, which may include:
(ix) Proof of an accepted application for an aquatic lands lease from the Washington State
Department of Natural Resources (DNR), including a waiver of preference rights to access for
navigation from the upland property owner, if applicable or proof of lease or ownership if
bedlands are privately held.
Commented [AS216]: Response to Comments 1-
7:Consolidated this provision with former (viii) below.
Commented [MM(217]: ECY Change: Rec-28
Commented [AS218]: Response to Comments 1-7:Added ‘materials’ as geoduck tubes are not considered structures.
Other changes made to incorporate Kitsap language per PC
(9/1/21)
Commented [LG219]: Staff Docket/Code Interpretations
Commented [AS220]: Response to Comments 1-7:Note:
relocated this section (d) from end of code.
Commented [LG221]: Response to Comments 1-7:
Provide more direction on when and how to do the visual
analysis, which helps both applicant and County.
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(viixii) Applicable Department of Health (DOH) Shellfish Certification Numberlicenses,
certificates, or other approvals.
(viiixiii) Department of Fish and Wildlife (DFWWDFW) commercial aquatic farm or
noncommercial, personal consumption designationregistration, fish stocking permit, and/or fish
transport permit.
(iv) Proof of an accepted Washington Department of Ecology National Pollutant Discharge
Elimination System (NPDES) permit, if applicable;
(v) Water quality studies;
(vi) Reports on solids accumulation on the bottom resulting from the permitted activity along
with its biological effects;
(vii) Report on growth, productivity, and chemical contamination of shoreline plants and animals
within or adjacent to the proposed site;
(viii) Noise level assessments, including mitigation measures to minimized impacts; and/or
(ix) Monitoring and adaptive management plan for introduction of aquatic species not
previously cultivated in Washington State.
(ixxiix) Proof of application for any other permits required by the U.S. Army Corps of Engineers,
Department of Health, WDFW, Ecology, or other agency, including any required federal
consultation under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq., ESA).
(xxiii) 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(bf) To reduce redundancy, applicants are encouraged to submit supporting permit applications
and studies required by state and federal agencies to provide the information required by the
county in subsections (a) through (d). The county may require submittal of these materials. The
county shall accept these materials and only require additional application materials to the extent
needed to address information in subsections (a) through (d).
(g) 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.
[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.
Commented [MM(222]: ECY Change: Rec-28
Commented [AS223]: Added in Response to Comment 8.
Commented [AS224]: Response to Comments 1-
7:Relocated from finfish-specific regulations section above.
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 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 priority 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. New over-water
residences, including floating dwellings as defined by this program, are not a preferred or priority
use and should be prohibited.
(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.
Commented [MM(227]: ECY Change: REQ-11 and Rec-30
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(iii) Shoreline modification for erosion control;
(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 only be allowed as a conditional use, even where qualified as exempt. 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.
(g) In all SEDs, where an existing single family dwelling (residential primary structure) has been
established by exemption, no additional dwelling may be established by exemption on the same
lot/parcel.has been previously applied to a permit, a new single family home Additional dwellings
on the subject property shall require the permit type in Table 18.25.220.
(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 views
Commented [MM(228]: ECY Change: Rec-29
Commented [MM(229]: ECY Change: Rec-29
Commented [LG230]: Response to Comment 12.17.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 172/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
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 is not a preferred use in shoreline areas and should be limited to accessory parking that
which directly serves a permitted shoreline use. Primary use parking should be prohibited.
Amenities that are accessory to parking areas and support the primary use include but are not
limited to lighting or electric vehicle charging stations. Pay to park or pay to charge stations are
considered accessory where the parking area is serving a specific allowed use. If the paid parking or
paid charging stations are part of a parking facility that is not serving a specific allowed use it shall
require the permit allowances indicated in Table 18.25.220.
Commented [MM(231]: ECY Change: Rec-6
Commented [LG232]: Response to Comment: 14
Jefferson County Code
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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)]
(g) Parking facilities may include features such as lighting, signage, electric vehicle charging stations,
bike racks/lockers, passenger loading/seating, and similar features, when demonstrated to be an
ancillary component of an accessory parking function. Such ancillary components may be provided
as complimentary or for a user fee, by the accessory parking’s primary use owner/operator or a by a
third-party with written permission. Unrelated stand-alone commercial activities (e.g. concession
stand, bike rentals) located in a parking lot are not ancillary components and shall be subject to
other applicable provisions of this program.
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.
(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
Commented [MM(235]: ECY Change: Rec-6
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 181/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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.
(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 $6,4167,0478,504 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
Commented [MM(236]: ECY Change: Rec-8
Commented [LG237]: 2017 a Periodic Checklist
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 183/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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).) and WAC 173-27-040(2)(h).
(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 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. For the purposes of this
exceptionexemption, the following definitions apply:
(16a) “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:
Commented [LG238]: Periodic Checklist: 2019.a.
Optional Edit.
Commented [MM(239]: ECY Change: Rec-31
Commented [LG240]: Staff Docket/Code Interpretations
Jefferson County Code
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SHORELINE MASTER PROGRAM
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(ai) 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;
(bii) 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
(ciii) 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.
(17b) “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)(16) Habitat RestorationEnhancement and Fish Passage. 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:
pursuant to RCW 90.58.147 WAC 173-27-040(2)(p).
(a) The project has been approved in writing by the Department of Fish and Wildlife as 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.
(17) ADA Retrofit. The external or internal retrofitting of an existing structure with the exclusive purpose
of compliance with the Americans with disabilities act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to
otherwise provide physical access to the structure by individuals with disabilities. [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
Commented [MM(241]: ECY Change: Rec-31
Commented [LG242]: 2019c / 2007 c Periodic Checklist:
Commented [LG243]: 2016 a Periodic Checklist
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 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 (including standard ‘C’,
administrative ‘C(a)’, and discretionary ‘C(d)’) 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.
Commented [MM(244]: ECY Change: Rec-31
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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 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 discretionary conditional uses, C(d), 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 consistent with the provisions of this program; and issue
administrative (code) interpretations of the policies and regulations of this master program as
Commented [LG245]: Staff Docket/Code Interpretations
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
allowed under WAC 173-26-140. Prior to issuance of any formal written interpretation,
administrator will consult with Ecology and ensure andfor consistency with the Shoreline
Management Act and applicable guidelines, including consultation with Ecology prior to issuance;
(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
and conditional use permits;
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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) Type I – Exemptions, Applicability and Submittals. 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) Type II – SDP and C(a). Applications for substantial development permits and 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.
and varianceshall be processed as a Type II permit decision.
(3) Type II or III – C(d). 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 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.
(4) Type III – C and VAR. Variance permits and standard conditional use permits (i.e., “C”) shall be
processed as Type III decisions pursuant to the Chapter 18.40 JCC.
(5) Type V – SMP Amendments. 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
Commented [MM(247]: ECY Change: Rec-33
Commented [LG248]: Staff Docket/Code Interpretations
Commented [LG249]: Response to Comments 1-7: Full
CUP now proposed for some aquaculture.
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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)]
(7) Where When a proposed use or development requires other approvals or permits are required for a
use or development that does outside this program that do 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.
(8) Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a
substantial development permit, conditional use permit, variance, letter of exemption, or other review
to implement the Shoreline Management Act do not apply to the following:
(i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a
facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D
RCW, or to the department of ecology when it conducts a remedial action under chapter
70.105D RCW.
(ii) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355,
any person installing site improvements for storm water treatment in an existing boatyard
facility to meet requirements of a national pollutant discharge elimination systemNPDES
stormwater general permit.
(iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356,
Washington State Department of Transportation projects and activities meeting the conditions
of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use
permit, variance, letter of exemption, or other local review.
(iv) Projects consistent with an environmental excellence program agreement pursuant to RCW
90.58.045.
(v) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to
chapter 80.50 RCW.
18.25.630 Minimum permit application requirements.
The administrator may vary or waive the requirements of this section on a case-by-case basis according
to administrative 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.
Commented [LG250]: Staff Docket/Code Interpretations
Commented [LG251]: 2017 c Periodic Review
Commented [LG252]: Editorial correction
Commented [LG253]: Staff Docket/Code Interpretations
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
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 as incorporated into this program.
(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.
Commented [MM(254]: ECY Change: Rec-15
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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)]
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 II project permit applications
(SDP, C(a), and C(d)) in accordance with Chapter 18.40 JCC, Article III.
(c) The administrator shall issue a notice of application on all Type III project permit applications (C,
C(d), and Variances) in accordance with Chapter 18.40 JCC, Article III.
(2) Permit application review shall occur in accordance with Chapter 18.40 JCC, Article IV., except as
provided in Subsection (3). [Ord. 7-13 Exh. A (Art. X § 5)]
(3) Special procedures for WSDOT projects.
(a) Permit review time for projects on a state highway. Pursuant to RCW 47.01.485, the
Legislature established a target of 90 days review time for local governments.
(b) Optional process allowing construction to commence twenty-one days after
Commented [LG255]: Staff Docket/Code Interpretations
Commented [LG256]: Staff Docket/Code Interpretations
Commented [MM(257]: ECY Change: Rec-34
Commented [LG258]: 2015 a Periodic Checklist
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
date of filing. Pursuant to RCW 90.58.140, Washington State Department of Transportation
projects that address significant public safety risks may begin twenty-one days after the date of
filing if all components of the project will achieve no net loss of shoreline ecological functions.
18.25.660 Nonconforming development.
The following shall apply to nonconforming uses and developments, as defined in Article II of this
chapter:
(1) Conforming SFR and Nonconforming Uses/Structures. Except as provided in subsection JCC
18.25.660 (11), lLLegally established residential structures and appurtenant structures that are a
conforming use, but do not meet the standards for setbacks, buffers, or yards; area; bulk; height; or
density, are considered a conforming structure; normal maintenance and repair is allowed per Section
.560 of this program. This conforming status applies until any change is proposed to such a conforming
residential structure by redevelopment, expansion, change of the class of occupancy, or replacement,
which may only be authorized when consistent with all applicable provisions of this SMP, including this
section.
Other 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
(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.
Commented [MM(259]: ECY Change: Rec-35
Commented [LG260]: Consistency edit, editorial
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
(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) Minor Expansion///Enlargement without Conditional Use Permit or Shoreline Variance – Single-
family Residential. The administrator may allow a one-time landward enlargement or expansion of a
nonconforming single-family residences by the addition of space to the exterior of the main structure
(footprint or height) or the addition of normal appurtenances. The expansion/addition of
nonconforming accessory structures is not allowed. Minor SFR expansion may be allowed as: without a
shoreline conditional use permit or shoreline variancewith a Type II Substantial Development Permit (SDP);,
an SDP Exemption per Section .560 of this program; or as a conditional use per Section .500(3) of this
program; provided, and subject to, the following:
Commented [LG261]: Task Force A
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
General Standards
The following general provisions apply to all waterward and nonwaterward single-family residential
minor expansions:
(a) Location. 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(b) Critical Areas. The increase/expansion in total footprint or volume of space area does not
threaten or adversely affect critical areas; and
(d(c) Views. The increased heightexpansion does not significantly impair the public’s views of the
shoreline for a substantial number of adjacent residences.
Waterward Standards
(de) No waterward enlargement or eExpansion that further encroaches into the standard shoreline
buffer closer to OHWM shall not be allowed, except ‘footprint infill’ of the main structure only,
limited as follows:
(i) A ’fill the notch’ expansion may be allowed if contained within the outer boundary of the
existing structure’s foundation walls; or
(ii) An ‘enclose the patio/porch’ expansion may be allowed if contained within the footprint of a
legal pre-existing impervious surface area that is attached to the main structure;, provided all
the following are met:
(iii) Such a ‘footprint infill’ expansion shall be limited as follows:
A. Environment Designation. The property is designated as Shoreline Residential (SR) or
High Intensity (HI)
B. Expansion does not exceed 200 square feet or the main structure’s existing height;
C. Does not extend closer to the OHWM than the JCC 18.25.270(5)(b) common line
setbackbuffer; and
D. Buffer Enhancement. Applicant submits and implements a planting plan consistent with
subsection (8)(gd) demonstrating that the enhancement area includes revegetation of a
native plant community of at least 80% of the buffer area. b; and
Nonwaterward Standards
(ef) Expansion that further encroaches into the standard shoreline buffer but does not get closer to
OHWM, including lateral (parallel to OHWM), landward (away from OHWM), and/or vertical
(increased height not to exceed 35’), shall only be allowed as follows:
(i) Environment Designation. Nonwaterward expansion may be allowed in any shoreline
designation; location in the Natural designation shall require a conditional use permit (C(a))
per Section .500(3) of this program;
(ii) Buffer Enhancement. An equivalent area of shoreline buffer is enhanced through planting of
native vegetation. The administrator shall require a planting plan per subsection (11) of this
section to ensure this standard is implemented.
Commented [LG263]: Response to Comment: 12.20a and
12.20c
Commented [LG264]: Related to Task Force A
Commented [LG265]: Response to Comment: 12.19
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Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(iii) Less Than 10%. EnlargementsNonwaterward enlargements, expansions or additions that Any
increase to the total footprint or volume of the existing structure (s) byof up toless than 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 shorelinemeets (a)
through (c), or increase the degree of nonconformity.
(iv) 10% to 25%. Any (f) EnlargementsNonwaterward enlargements, expansions or additions that
increase to the total footprint or volume 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, thatrequirements in (a) through (c) are met, the addition
will not adversely affect critical areas, significantly impair the ability of a substantial number of people
to view the shoreline,proposal does not 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. per (g).
[[Planting Standards (g)(i) through (iv) - relocate to (11) below]
(9) Moderate Expansion/Enlargement – Single-family Residential with a Conditional C(d) Use Permit –
Nonwaterward.
(a) The administrator may allow a one-time nonwaterward expansion of a nonconforming single-
family residence located landward of OHWM and shall require a conditional discretionary use
permit C(d) 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 (footprint or vertical) or normal appurtenances
where the total footprint or volume will increase by more than 25 percent or the
expansion/enlargement occurs vertically, laterally or landward, but not waterward, of the structure.,
except waterward.
(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 occurs vertically and
is likely to obstruct the view of an adjacent development and is beyond the footprint or volume
allowed in Subsection (8).
(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 as outlined in subsection (8)(g) of this section 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
Commented [LG267]: Response to Comment: 12.20a and
12.20c
Commented [LG266]: Response to Comment: 12.20a and
12.20c
Commented [MM(268]: ECY Change: Rec-35
Commented [LG269]: Staff Docket/Code Interpretations
Commented [LG270]: Response to Comment: 12.20a and
12.20c
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 197/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(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
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) Other Expansion/Enlargement prohibited, except with a Shoreline Variance.
(a) Waterward or Vertical: Single-Family Residential. Enlargement or Waterward expansion of
single-family residences that: extends waterward further encroaches into the standard shoreline
buffer closer to OHWM beyond the existing residential foundation walls,limits of Section (8),; further
encroaches into a critical area/buffer;, further encroaches into the minimum required side yard
setback;, or that increases the structure height above the limits established by this program shall
require not be allowed, except by a shoreline variance.
(b) Non-Single-Family Residential. Nonconforming structures, other than nonconforming single-
family residences, that are shall not be expanded, enlarged or relocated, must obtain except by a
shoreline variance or shall 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 dimensionals requirements of this program.
(c) Where an expansion is proposed per subsections (a) and (b), the proponent shall provide an
equivalent area of shoreline buffer enhancement through planting of native vegetation consistent
with an enhancement plan prepared per section (8)(g11) except that the enhancement plan shall be
prepared by a qualified professional.
(d) When an expansion involves a variance to height for the nonconforming structure, see
requirements at JCC 18.25.300.
(11) Buffer Enhancement Planting Standards
Commented [MM(271]: ECY Change: Rec-35
Commented [LG272]: Task Force A
Commented [LG273]: Response to Comment 20 to clarify
vertical
Commented [MM(274]: ECY Change: Rec-35
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 198/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(a) (g) Area enlargements, eExpansions or additions allowed under subsection (d) or (f) (8), (9),
or (10) of this section require that an equivalent area of shoreline buffer be enhanced
through planting of native vegetation. Buffer enhancement planting shall be consistent with
the mitigation requirements of JCC 18.25.270(2)(f)(i)- (vi). The planting plan should include:
(i) removal of non-native or invasive vegetation; and
(ii) installation of a mix of trees, shrubs and groundcovers with a species diversity and
spacing typical of native Puget Sound or Pacific Coast forest;.
(iii) Trees shall be planted on 12-foot centers and shrubs planted on 6-foot centers.
(iv) If the enhancement area already contains some native vegetation, the planting area
shouldshall be expanded to accommodate the equivalent number of trees and shrubs as
would be installed on bare ground.
(b) Applicants may develop a planting plan, whether prepared with or without professional
assistance, so long as it must includes the following information and isbe determined
adequate by the Administrator:
(i) A description and photo of the existing conditions in the proposed enhancement area,
to include identification of any invasive or non-native species to be removed and any
native vegetation to be preserved. The boundaries of the proposed planting area
should be marked and visible in the photographs.
(ii) A site plan showing the location and dimensions of existing and proposed structures, the
proposed planting area, and the shoreline buffer.
(iii) A plant schedule listing the species and proposed numbers of trees, shrubs, and
groundcovers.
(iv) If the area to be enhanced is already well vegetated, the applicant shall identify an
equivalent enhancement area that is contiguous to the well-vegetated area and located
inside and/or outside the buffer.
(v) A 510-year monitoring program to ensure survivability. Monitoring reports mayshall be
prepared by the property owner/ or applicant or a qualified professional at the end of
years 1, 3 and through 5, provided that the report fully addresses the performance
standards and any other maintenance requirements prescribed by the enhancement
plan, and provides as-built plans, plant counts, and comprehensive photo
documentation. The County has the right to request that property owners and
applicants hire a qualified professional to prepare the monitoring program and periodic
reports at years 1, 3, and 5 if the documentation is not adequate.
(v) Enhancements shall be maintained in perpetuity.
(vi) (6) The cCounty has the right to request that property owners and applicants hire a
qualified professional to prepare the planting plan if the submittal is found inadequate
by the Administrator. The Ccounty has the right to request that property owners and
applicants hire a qualified professional to prepare the monitoring program and periodic
reports at years 1, 3, and 5 if the documentation is notfound inadequate by the
Administrator. When a required submittal is determined inadequate by the
Administrator, and deficiencies are not remedied in a timely manner, the county may
require the property owner/applicant to hire a qualified professional to prepare the
planting plan, prepare the monitoring program, conduct the on-site monitoring, and/or
prepare the Year 1, 3, and 5 monitoring reports.
(c) Buffer enhancement plantings shall be maintained in perpetuity and documented with a
notice to title.
Commented [GU275]: AJS: Added guidance re: simple
planting plan requirements. Intended to be implementable
by property owners without professional help.
Commented [LG276]: Response to Comment: 12.20g.
Commented [LG277]: Staff Docket/Code Interpretations
Commented [LG278]: Response to Comment: 12.20g
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 199/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(12) 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
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.
(13) Residential structures and appurtenant structures that were legally established and are used for a
conforming use, but that do not meet standards for the following are considered a conforming
structure: Setbacks, buffers, or yards; area; bulk; height; or density. Any redevelopment, expansion,
change of the class of occupancy, or replacement of such a conforming residential structure may be
authorized only when consistent with all applicable provisions of this SMP. This section applies until a
change is proposed to the structures, in which case remaining provisions of JCC 18.25.660 apply.
[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).
Commented [MM(279]: ECY Change: Rec-35
Commented [MM(280]: ECY Change: Rec-35
Commented [LG281]: 2011 d Periodic Checklist
Commented [LG282]: Response to Comment: 12.21
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 206/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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)]
18.25.840 Master program review, amendments and appeals.
Pursuant to RCW 90.58.190 and 36.70A.280The County will conduct the SMP periodic review process
consistent with requirements of RCW 90.58.080 and WAC 173-26-090. The County may also consider
SMP revisions as a locally-initiated amendment per WAC 173-26-090. Pursuant to RCW 90.58.190 and
36.70A.290, 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 decisionAmendments shall
be effective 14 days from Ecology’s written notice of final action. Following the final action 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)]
Commented [LG284]: 2010 a periodic checklist; optional amendment.
Commented [MM(285]: ECY Change: Rec-36
Commented [LG286]: 2017 h Periodic Checklist
Commented [LG287]: 2010 a periodic checklist; optional amendment.
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 207/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
Article XI. Official Shoreline MapMapping
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 be
updated regularly as new information is made available and the public shall have access to the database
upon request. As established by JCC 18.25.200(3), the County’s GIS database of stream flow and other
key features (i.e. wetlands, flood, channel migration) informs the extent of shoreline jurisdiction, and
may be updated to ensure the most current accurate data layers are utilized. Any online interactive
mapping of the GIS data serves only as an implementation aid intended to reflect the official maps
established herein. In the event that the GIS database incorporates more current/accurate data, the
county may only change the official maps of this program, as needed, through a formal amendment
process.
Appendix A, attached to the ordinance codified in this chapter, The official maps of this program depicts
the SEDs in two formats:
(1) Official Shoreline Map. An overview map showing all of Jefferson County (separate PDF also available
with image sized for large format printing).
(2) A collection of 18 break-out maps at closer range to allow greater details (separate PDF also available
with 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)]
18.25.880 Maps Illustrating SED Allowance for In-Water Finfish Aquaculture
As established by 18.25.440(3) and summarized in Figure 18.25.440, approximate siting locations for the
SED Allowance for In-Water Finfish Aquaculture are illustrated in the following four maps showing the
areas of Strait of Juan de Fuca, Glen Cove/Port Townsend Bay, Mats Mats/Oak Bay, and Port
Ludlow/Ludlow Bay. [moved from prior section]
Commented [MM(288]: ECY Change: Rec-11
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 212/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
1 Wording from WAC 173-27-060(3).
18.25.890 List of SMP Waterbodies
As established by JCC 18.25.200, this SMP addresses over 700 miles of waterbodies that are
designated as shorelines of the state in Jefferson County, including approximately 250 miles of
marine shoreline, and approximately 22 miles of lakeshore on 14 lakes, and some 500 miles of
creeks, streams and rivers that are designated as shorelines of the state in Jefferson County. As
addressed by Article IV and Article V of this program, shorelines of the state include shorelines
and shorelines of statewide significance, and their shorelands.
All marine shorelines are regulated by this SMP. Stream, river, and lake shorelines that meet
the definitions of shorelines of the state are regulated in this SMP. See Figure 18.25.890 -1 and
Figure 18.25.890 -2. The Inventory and Characterization Report (2008) Section 1.3.2, Map 1C,
and Appendix D provide more precise shoreline descriptions of location and upstream extent
and may be consulted. In the case of discrepancies or changed conditions, the site-specific
application of state definitions shall prevail over the list and related maps.
Figure 18.25.890 -1. Streams or Rivers
Stream or River* USGS 7.5 Minute Series Map where
Upstream Point is Located
Alta Creek Kimta Peak
Alta Creek, U T Bob Creek and Kimta Peak
Alta Creek, U T Kimta Peak
Anderson Creek Anderson Creek
Big Creek Bunch Lake
Big Creek, U T Bunch Lake
Big Quilcene River Mount Townsend
Blue Glacier Mount Olympus
Bob Creek Bob Creek
Bogachiel River Indian Pass
Buckinghorse Creek Chimney Peak
Cabin Creek Eldon
Cameron Creek Wellesley Peak
Cannings Creek Bunch Lake
Canoe Creek Finley Creek
Clearwater River - From
confluence with U T
Kloochman Rock
Clearwater River, U T Kloochman Rock
Clearwater River, U T Kloochman Rock
Crazy Creek Mount Steel
Cream Lake Creek Mount Queets
Delabarre Creek Chimney Peak
Commented [LG289]: 2007 b Periodic Checklist
Commented [MM(290]: ECY Change: REQ-13 and Rec-37
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 213/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
Stream or River* USGS 7.5 Minute Series Map where
Upstream Point is Located
Delabarre Creek, U T Mount Christie
Dosewallips River Wellesley Peak
Dosewallips River, W F Mount Steel
Duckabush River Mount Steel
Duckabush River, U T The Brothers
Dungeness River Mount Deception
Elip Creek Kimta Peak
Elk Lick Creek Mount Steel
Elkhorn River Mount Queets
Elwha River Mount Queets
Elwha River, U T Mount Queets
Finley Creek Finley Creek
Finley Creek, U T Finley Creek
Fox Creek Bunch Lake
Geoduck Creek Mount Christie
Geoduck Creek, U T Mount Christie
Godkin Creek Chimney Peak
Godkin Creek, U T Chimney Peak
Godkin Creek, U T Chimney Peak
Goldie River Mount Queets
Goldie River, U T Mount Queets
Goldie River, U T Mount Queets
Goldie River, U T Mount Queets
Goldie River, U T Mount Queets
Graves Creek Mount Hoquiam
Gray Wolf River Wellesley Peak
Hades Creek Winfield Creek
Harlow Creek Salmon River West
Hayes River Chimney Peak
Hee Haw Creek Kimta Peak
Hee Haw River Kimta Peak
Hell Roaring Creek, E F Anderson Creek
Hoh River Mount Olympus
Hoh River * Owl Mountain
Hoh River, S F Mount Olympus
Hoh River, S F, U T Bob Creek
Hoh River, S F, U T Kloochman Rock
Hoh River, S F, U T Mount Olympus
Hoh River, S F, U T Mount Tom
Hoh River, S F, U T Mount Tom
Hoh River, U T Mount Queets
Hoh River, U T Mount Tom
Hoh River, U T Mount Tom
Hoh River, U T Owl Mountain
Hoh River, U T Owl Mountain
Hook Branch Creek Matheny Ridge
Howe Creek Bunch Lake
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 214/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
Stream or River* USGS 7.5 Minute Series Map where
Upstream Point is Located
Hungry Creek The Brothers
Ice River Mount Olympus
Irely Creek Bunch Lake
Jackson Creek Owl Mountain
Jeffers Glacier Mount Olympus
Jemrod Creek Mount Olympus
Kalaloch Creek, E F Kalaloch Ridge
Kimta Creek Kimta Peak
Kunamakst Creek Stequaleho Creek
Lena Creek The Brothers
Litchy Creek Mount Hoquiam
Litchy Creek, U T Mount Hoquiam
Long Creek Mount Queets
Long Creek, U T Hurricane Hill
Lost River Mc Cartney Peak
Matheny Creek Finley Creek
Matheny Creek, U T Finley Creek
Matheny Creek, U T Matheny Ridge
Matheny Creek, U T Matheny Ridge
Mckinnon Creek Salmon River West
Miller Creek, E F Christmas Creek
Mount Tom Creek - From
its' confluence with U T
Mount Tom
Mount Tom Creek, U T Mount Tom
Mount Tom Creek, U T Mount Tom
Mount Tom Creek, U T Mount Tom
Mud Creek Salmon River East
Murphy Creek Quillayute Prairie
Nolan Creek Christmas Creek
Noname Creek Chimney Peak
O'Neil Creek Mount Olson
Paradise Creek Bob Creek
Paull Creek Mount Olympus
Promise Creek Kimta Peak
Pyrites Creek Chimney Peak
Queets River Mount Queets
Queets River * Kloochman Rock
Queets River, U T Bob Creek
Queets River, U T Kimta Peak
Queets River, U T Mount Queets
Queets River, U T Mount Queets
Queets River, U T Mount Queets
Queets River, U T Salmon River East
Quinault River Mount Steel
Quinault River * Bunch Lake
Quinault River, N F Mount Christie
Quinault River, N F, U T Mount Christie
Jefferson County Code
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Page 215/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
Stream or River* USGS 7.5 Minute Series Map where
Upstream Point is Located
Quinault River, N F, U T Mount Christie
Quinault River, U T Mount Hoquiam
Quinault River, U T Mount Olson
Rocky Brook Brinnon
Royal Creek Mount Deception
Rustler Creek Chimney Peak
Rustler Creek, U T Mount Christie
Rustler Creek, U T Mount Christie
Rustler Creek, U T Mount Christie
Saghalie Creek Mount Christie
Salmon River, M F Matheny Ridge
Salmon River, N F Matheny Ridge
Sams River Finley Creek
Sams River, U T Matheny Ridge
Seattle Creek Mount Christie
Silt River Wellesley Peak
Silt River, U T Wellesley Peak
Solleks River Kloochman Rock
Solleks River, U T Stequaleho Creek
Stalding Creek Kimta Peak
Stequaleho Creek Stequaleho Creek
Tacoma Creek Salmon River West
Three Prune Creek Kimta Peak
Townsend Creek Mount Walker
Tsheltshy Creek Bunch Lake
Tshletshy Creek, U T Bob Creek
Tshletshy Creek, U T Bob Creek
Tshletshy Creek, U T Bob Creek
Tshletshy Creek, U T Bob Creek
Tshletshy Creek, U T Bob Creek
Tshletshy Creek, U T Kloochman Rock
Tumwata Creek Spruce Mountain
Tunnel Creek Mount Townsend
Tunnel Creek, U T Mount Townsend
Twin Creek Spruce Mountain
Upper O'Neil Creek Chimney Peak
White Glacier Mount Olympus
Wild Rose Creek Bunch Lake
Wynoochee River Mount Hoquiam
* indicates shoreline of statewide significance.
B = Branch; E = East; F = Fork; M = Middle; N = North; P = Prong; S = South; T = Tributary; U = Unnamed; W = West
Figure 18.25.890 -2. Lakes
Lake Name Shoreline of the State: Status
Anderson Shoreline of the State
Beausite Shoreline of the State
Commented [MM(291]: ECY Change: Rec-37
Jefferson County Code
Chapter 18.25
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Page 216/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
Lake Name Shoreline of the State: Status
Crocker Shoreline of the State
Gibbs Shoreline of the State
Leland Shoreline of the State
Lords Shoreline of the State
Ludlow Shoreline of the State
Peterson Shoreline of the State
Rice Shoreline of the State
Sandy Shore Shoreline of the State
Tarboo Shoreline of the State
Teal Shoreline of the State
Mill Pond Shoreline of the State
Wahl Shoreline of the State
Article XII. Ocean Management
18.25.900 Applicability and Administration
(1) Applicability – The ocean use policies, regulations, and permitting procedures apply as follow:
(a) Ocean Resources Management Act (ORMA; RCW 43.143). Ocean uses and developments
proposed within the ORMA geographical area must be consistent with ocean use policies and
regulations and reviewed using the additional approval criteria of this section. The applicable ORMA
geographical area covers Washington coastal waters of the Pacific Ocean from Cape Flattery south
to Cape Disappointment, from mean high tide seaward two hundred miles.
(i) Geographic Application. The Ocean Management provision of this section apply to Pacific
Ocean shorelines of statewide significance coastal waters and those associated shorelands
located within Jefferson County, except for areas that are under exclusive federal jurisdiction as
established through federal or state statutes including Olympic National Park.
(b) Marine Spatial Plan (MSP). New ocean uses and developments proposed within the MSP study
area must be consistent with the ocean use policies, regulations, and permitting procedures of this
section. The MSP study area covers marine waters of the Pacific Ocean within state waters (from
OHWM out to 3 nautical miles).
(i) The MSP applies to a proposed project only if all three of the following criteria are met:
occurs within the geographic boundaries of the MSP study area;
will adversely impact renewable resources or existing ocean uses; and
is a ‘new use’, as defined by the MSP.
(ii) All new ocean uses proposed within the MSP study area must be consistent with the
protection standards for Important, Sensitive, and Unique areas (ISUs) and Fisheries and
reviewed using the additional process requirements for new ocean use proposals.
(iii) Applicability of ISU protection standards. The state has developed maps of ISUs using the
best available data at the time of the MSP development. These maps are intended to assist
applicants in identifying where ISUs exist. As finer resolution or updated data becomes available,
the state may update the ISU maps, which may include adding, deleting or updating the
distribution of an ISU. However, ISU protection standards will apply to any ISU, wherever it is
identified in state waters. It is the responsibility of applicants to verify whether ISUs exist in their
proposed new ocean use project area and to demonstrate protection standards will be met.
Commented [LG292]: Respond to October 2020 Ecology
Checklist addressing 2018 Marine Spatial Plan
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 221/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
(a) Other ocean uses occurring in the same area have been identified and potential use conflicts
have been minimized.
(b) Ocean research meeting the definition of "exploration activity" of WAC 173-15-020 shall
comply with the requirements of WAC 173-15: Permits for oil or natural gas exploration activities
conducted from state marine waters.
(c) The project has been located and will be operated in a manner that minimizes intrusion into or
disturbance of the coastal waters environment consistent with the purposes of the research and
the intent of the general ocean use guidelines.
(d) Upon completion or discontinuance of the ocean research the site shall be restored to its
original condition to the maximum extent feasible, consistent with the purposes of the research.
(e) Ocean research findings should be made available for public dissemination, whenever feasible.
(7) Ocean salvage uses may be allowed consistent with the following:
(a) Nonemergency marine salvage and historic shipwreck salvage activities should be conducted in
a manner that minimizes adverse impacts to the coastal waters environment and renewable
resource uses such as fishing.
(b) Nonemergency marine salvage and historic shipwreck salvage activities should not be
conducted in areas of cultural or historic significance unless part of a scientific effort sanctioned
by appropriate governmental agencies.
18.25.930 Important, Sensitive and Unique Areas (ISUs) Designation Additional Standards for New
Ocean Uses.
(1) Important, Sensitive and Unique Areas (ISUs) Designation.The ISUs assign protection standards and
definitions for adverse effects for a list of ecological, historic, cultural, and infrastructure areas. The MSP
provides maps utilizing the best available data on ISU locations.
(1a) Ecological ISUs
(ai) Biogenic Habitats: Aquatic vegetation, corals, and sponges
Rocky Reefs
(bii) Seabird colonies: islands and rocks used for foraging and nesting by seabirds.
(ciii) Pinniped haul-outs
(div) Forage fish spawning areas: intertidal areas used for spawning by herring, smelt or other
forage fish.
(2b) Historic, Cultural and Infrastructure ISUs
(ai) Historic and archaeological sites: Structures or sites over 45 years old that are listed or
eligible for listing in local, state or national preservation registers (e.g. shipwrecks or lighthouses);
or Artifacts or other material evidence of tribal or historic use or occupation (e.g. burials, village
sites, or middens).
(bii) Buoys and submarine cables: Fixed infrastructure such as navigation or monitoring buoys,
fiber optic cables, electrical transmission cables, other fixed monitoring equipment in the marine
environment (e.g. hydrophones) and any associated mooring lines, anchors or other equipment.
(3c) ISU Mapping and Location. The state has developed maps of ISUs intended to assist applicants in
identifying where ISUs exist.2 However, ISU protection standards will apply to any ISU, wherever it is
2 See: https://www.msp.wa.gov/important-sensitive-and-unique-areas-isus/.
Commented [MM(293]: ECY Change: Rec-38
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 222/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
identified in state waters. It is the responsibility of applicants to verify whether ISUs exist in their
proposed project area and to demonstrate protection standards will be met.
(42) ISU Protection sStandards. New ocean uses should only be allowed when the applicant can
demonstrate consistency with the following ISU adverse effects and protection standards:
(a) An applicant for proposed new ocean uses involving offshore development must demonstrate
that the project will have no adverse effects on an ISU located at the project site and to off-site
ISUs potentially affected by the project, using site-specific surveys, scientific data and analysis,
which demonstrate either:
(i) The current ISU maps do not accurately characterize the resource or use or the project area
(mapped or not mapped) does not contain an ISU resource or use; or
(ii) The weight of scientific evidence clearly indicates that the project will cause no adverse
effects to the resources of the ISU.
(A) Adverse effects standards for Ecological ISUs means degradation of ecosystem function
and integrity (direct habitat damage, burial of habitat, habitat erosion, and reduction in
biological diversity) or degradation of living marine organisms (abundance, individual
growth, density, species diversity, and species behavior).
(B) Adverse effects standards for historic, cultural or fixed infrastructure ISUs include the
following:
Direct impacts from dredging, dumping, or filling;
Alteration, destruction or defacement of historic, archaeological or cultural
artifacts; and
Direct impacts from placement or maintenance of new, temporary or permanent
structures in areas with existing infrastructure or historic, archaeological or cultural
artifacts.
(b) Additional buffers may be appropriate to protect ISU resources from adverse effects. Project
developers shall consult with the Washington Department of Fish and Wildlife on recommended
buffers for Ecological ISUs associated with their proposed project prior to filing application
materials with local or state agencies. Project developers shall consult with the Washington
Department of Archaeological and Historical Preservation and tribal preservation officers on
further identification and protection of cultural or historical artifacts.
(53) Applicants for proposed new ocean uses involving offshore development must consult with WDFW,
individuals participating in affected commercial and recreational fisheries, and each of the coastal tribes
to identify and understand the proposed project’s potential adverse effects to fisheries and tribal uses.
(64) Fisheries Protection standards. New ocean uses involving offshore development shall only be
allowed when the applicant can demonstrate that their project meets all of the following standards to
protect fisheries located at the project site and nearby from adverse effects:
(a) There are no likely long-term significant adverse effects for commercial or recreational fisheries.
Adverse effects can be direct, indirect or cumulative.
(i) A significant reduction in the access of commercial or recreational fisheries to the resource
used by any fishery or a fishing community(s);
(ii) A significant increase in the risk to entangle fishing gear;
Jefferson County Code
Chapter 18.25
SHORELINE MASTER PROGRAM
Page 224/226
Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020.
The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP
became effective February 21, 2014.
ATTACHMENT 2. Ecology REQ & Rec Changes
- Initial Determination 9/30/22
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 Chapter 18.15 JCC
Reasonable
economic use
variances under
JCC 18.22.250
Final plats under
Chapter 18.35 JCC
Special use
permits, such as
for siting essential
public facilities under
JCC 18.15.110
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 under the
Jefferson County
shoreline master
program (SMP)
Shoreline
substantial
development
permits, conditional
use permits, and
variance permits
under the Jefferson
County shoreline
master program
(SMP)
Amendments to
development
regulations
Home businesses
approved under
JCC 18.20.200
Short subdivisions
under Article III 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 IV 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)
and 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
required by administrator
Development
agreements and
amendments
thereto under
Article XI of this
chapter
Commented [MM(294]: ECY Change: Rec-40
Commented [LG295]: Response to Comment: 12.23