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Home My WebLink AboutB_Progress Draft SMP PC Review_2023_0622Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 1/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Chapter 18.25 1 SHORELINE MASTER PROGRAM 2 Sections: 3 Article I. Introduction 4 18.25.010 Purpose and intent. 5 18.25.020 Applicability. 6 18.25.030 Governing principles of this master program. 7 18.25.040 Title. 8 18.25.050 Adoption authority. 9 18.25.060 Critical areas regulations adopted by reference. 10 18.25.070 Relationship to other plans and regulations. 11 18.25.080 Liberal construction. 12 18.25.090 Severability. 13 Article II. Definitions 14 18.25.100 Definitions. 15 Article III. Master Program Goals 16 18.25.110 Purpose. 17 18.25.120 Conservation. 18 18.25.130 Economic development. 19 18.25.140 Historic, archaeological, cultural, scientific and educational resources. 20 18.25.150 Public access. 21 18.25.160 Recreation. 22 18.25.170 Restoration and enhancement. 23 18.25.180 Shoreline use. 24 18.25.190 Transportation, utilities and essential public facilities. 25 Article IV. Shoreline Jurisdiction and Environment Designations 26 18.25.200 Shoreline jurisdiction and mapping. 27 18.25.210 Shoreline environment designations – Purpose and criteria. 28 18.25.220 Uses allowed in each shoreline environment designation. 29 Article V. Shorelines of Statewide Significance 30 18.25.230 Adoption of policy. 31 18.25.240 Designation of shorelines of statewide significance. 32 18.25.250 Use preference. 33 Article VI. General Policies and Regulations 34 18.25.260 Applicability. 35 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 2/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.270 Critical areas, shoreline buffers, and ecological protection. 36 18.25.280 Historic, archaeological, cultural, scientific and educational resources. 37 18.25.290 Public access. 38 18.25.300 Shoreline setbacks and height. 39 18.25.310 Vegetation conservation. 40 18.25.320 Water quality and quantity. 41 Article VII. Shoreline Modifications Policies and Regulations 42 18.25.330 Applicability – Purpose. 43 18.25.340 Beach access structures. 44 18.25.350 Boating facilities – Boat launches, docks, piers, floats, lifts, marinas, and mooring buoys. 45 18.25.360 Dredging. 46 18.25.370 Filling and excavation. 47 18.25.380 Flood control structures. 48 18.25.390 In-stream structures. 49 18.25.400 Restoration. 50 18.25.410 Structural shoreline armoring and shoreline stabilization. 51 Article VIII. Use-Specific Policies and Regulations 52 18.25.420 Purpose. 53 18.25.430 Agriculture. 54 18.25.440 Aquaculture. 55 18.25.450 Commercial use. 56 18.25.460 Forest practices. 57 18.25.470 Industrial and port development. 58 18.25.480 Mining. 59 18.25.490 Recreation. 60 18.25.500 Residential. 61 18.25.510 Signs. 62 18.25.520 Transportation. 63 18.25.530 Utilities. 64 Article IX. Permit Criteria and Exemptions 65 18.25.540 Substantial development permit criteria. 66 18.25.550 Exemptions from shoreline substantial development permit process. 67 18.25.560 Exemptions listed. 68 18.25.570 Statements of exemption. 69 18.25.580 Variance permit criteria. 70 18.25.590 Conditional use permit criteria. 71 18.25.600 Unclassified uses. 72 Article X. Administration and Enforcement 73 18.25.610 Administrative authority and responsibility. 74 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 3/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.620 Permit application review. 75 18.25.630 Minimum permit application requirements. 76 18.25.640 Preapplication conferences. 77 18.25.650 Notice of application and permit application review. 78 18.25.660 Nonconforming development. 79 18.25.665 State Environmental Policy Act (SEPA) compliance. 80 18.25.670 Burden of proof. 81 18.25.680 Permit conditions. 82 18.25.690 Public hearings. 83 18.25.700 Expiration of permits and permit exemptions. 84 18.25.710 Permits and permit exemptions – Effective date. 85 18.25.720 Satisfaction of conditions required prior to occupancy or use. 86 18.25.730 Revisions following expiration of original permit or permit exemption. 87 18.25.740 Extensions – Notice to Ecology. 88 18.25.750 Notice of decision, reconsideration and appeal. 89 18.25.760 Initiation of development. 90 18.25.770 Permit revisions. 91 18.25.780 Rescission and modification. 92 18.25.790 Violations and penalties. 93 18.25.800 Remedies. 94 18.25.810 Abatement. 95 18.25.820 Third-party review. 96 18.25.830 Inspections. 97 18.25.840 Master program amendments. 98 18.25.850 Fees. 99 18.25.860 Transfer of permits. 100 Article XI. Official Shoreline MapMapping 101 18.25.870 Official shoreline map. 102 18.25.880 Maps Illustrating SED Allowance for In-Water Finfish Aquaculture 103 18.25.890 List of SMP Waterbodies 104 105 Article XII. Ocean Management 106 18.25.900 Applicability and Administration 107 18.25.910 Ocean Management Policies 108 18.25.920 Ocean Management Regulations 109 18.25.930 Additional Standards for New Ocean Uses 110 111 Article I. Introduction 112 18.25.010 Purpose and intent. 113 (1) The purposes of this shoreline master program are to: 114 Commented [LG1]: Periodic Checklist 2007b Commented [LG2]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan; provided in January 2021 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 4/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Guide the future use and development of Jefferson County’s shorelines in a positive, effective, 115 and equitable manner consistent with the Washington State Shoreline Management Act of 1971 116 (Chapter 90.58 RCW) as amended; and 117 (b) Promote the health, safety, and general welfare of the community by providing long range, 118 comprehensive policies and effective, reasonable regulations for use and development of Jefferson 119 County shorelines; and 120 (c) Ensure, at minimum, no net loss of shoreline ecological functions and processes; and 121 (d) Plan for restoring shorelines that have been impaired or degraded in the past; and 122 (e) Adhere to the policies contained in RCW 90.58.020 for shorelines of the state: 123 It is the policy of the State to provide for the management of the shorelines of the 124 State by planning for and fostering all reasonable and appropriate uses. This policy is 125 designed to insure the development of these shorelines in a manner, which, while 126 allowing for limited reduction of rights of the public in the navigable waters, will 127 promote and enhance the public interest. This policy contemplates protecting 128 against adverse effects to the public health, the land and its vegetation and wildlife, 129 and the waters of the State and their aquatic life, while protecting generally public 130 rights of navigation and corollary rights incidental thereto... 131 In the implementation of this policy the public’s opportunity to enjoy the physical 132 and aesthetic qualities of natural shorelines of the State shall be preserved to the 133 greatest extent feasible consistent with the overall best interest of the State and the 134 people generally. To this end uses shall be preferred which are consistent with 135 control of pollution and prevention of damage to the natural environment or are 136 unique to or dependent upon use of the State’s shoreline. Alterations of the natural 137 condition of the shorelines of the State, in those limited instances when authorized, 138 shall be given priority for single family residences, ports, shoreline recreational uses 139 including but not limited to parks, marinas, piers, and other improvements 140 facilitating public access to shorelines of the State, industrial and commercial 141 developments which are particularly dependent on their location on or use of the 142 shorelines of the State, and other development that will provide an opportunity for 143 substantial numbers of the people to enjoy the shorelines of the State. 144 Permitted uses in the shorelines of the State shall be designed and conducted in a 145 manner to minimize, insofar as practical, any resultant damage to the ecology and 146 environment of the shoreline area and any interference with the public’s use of the 147 water. 148 [Ord. 7-13 Exh. A (Art. I § 1)] 149 18.25.020 Applicability. 150 (1) All proposed uses and development, as defined in Article II of this chapter, occurring within shoreline 151 jurisdiction shall comply with this program and Chapter 90.58 RCW. This program applies to all uses and 152 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 5/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. developments within shoreline jurisdiction whether or not a shoreline permit or statement of permit 153 exemption is required. 154 (2) This program’s shoreline uses and developments shall be classified as follows: 155 (a) Permitted Uses and Developments. Uses and developments that are consistent with this 156 program and Chapter 90.58 RCW. Such uses/developments shall require a shoreline substantial 157 development permit, a shoreline conditional use permit, a shoreline variance, and/or a statement 158 that the use/development is exempt from a shoreline substantial development permit. 159 (b) Prohibited Uses and Developments. Uses and developments that are inconsistent with this 160 program and/or Chapter 90.58 RCW and which cannot be allowed through any permit or variance. 161 (3) Classification of a use or development as permitted does not necessarily mean the use/development 162 is allowed. It means the use/development may be permitted subject to review and approval by the 163 county and/or the Department of Ecology. Many permitted uses/developments, including those that do 164 not require a substantial development permit, can individually or cumulatively affect adjacent 165 properties and/or natural resources and therefore must comply with this program in order to avoid or 166 minimize such adverse impacts. The county may attach conditions of approval to any permitted use via a 167 permit or statement of exemption as necessary to assure consistency of the project with the Shoreline 168 Management Act and this program. 169 (4) This program shall apply to: 170 (a) All of the lands and waters of Jefferson County that fall under the jurisdiction of Chapter 90.58 171 RCW; and consistent with Article IV; 172 (b) Every person, individual, firm, partnership, association, organization, local or state governmental 173 agency, public or municipal corporation, or other nonfederal entity; and 174 (c) All nonfederal uses and developments undertaken on federal lands and on lands subject to 175 nonfederal ownership, lease, or easement, even though such lands may fall within the external 176 boundaries of federally owned lands1.; and 177 (5) Federal agencies are subject to this program and Chapter 90.58 RCW, as provided by the Coastal 178 Zone Management Act (16 U.S.C. 1451 et seq. and WAC 173-27-060(1)). 179 (6) The provisions of this program shall not apply to lands held in trust by the United States for Indian 180 Nations, tribes or individuals. Where tribal concerns are expressed in relation to SMP jurisdiction, those 181 shall be resolved through appropriate government to government consultation in accordance with 182 Washington State Centennial Accord and the RCW. [Ord. 7-13 Exh. A (Art. I § 2)] 183 (7) Areas and uses in those areas that are under exclusive federal jurisdiction as established through 184 federal or state statutes are not subject to the jurisdiction of chapter 90.58 RCW, including Olympic 185 National Park. [Ord. 7-13 Exh. A (Art. I § 2)] 186 Commented [LG3]: 2017 f Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 6/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.030 Governing principles of this master program. 187 (1) The goals, policies and regulations of this program are based on the governing principles in WAC 173-188 26-186 and the policy statements of RCW 90.58.020. 189 (2) Any inconsistencies between this program and Chapter 90.58 RCW must be resolved in accordance 190 with the RCW. 191 (3) The planning policies of this program may be achieved by diverse means, one of which is regulation. 192 The county may also acquire land, implement capital projects and programs, encourage voluntary 193 measures, create incentive programs, or use other means to implement this program’s planning policies. 194 (4) When regulating use and development of private property, the county’s actions must be consistent 195 with all relevant legal limitations including constitutional limitations. This program must not 196 unconstitutionally infringe on private property rights or result in an unconstitutional taking of private 197 property. 198 (5) The regulatory provisions of this program are limited to shorelines of the state, whereas the planning 199 functions of this program may extend beyond shoreline jurisdiction. 200 (6) The policies and regulations of this program must be integrated and coordinated with the policies 201 and rules of the Jefferson County Comprehensive Plan (Comprehensive Plan) and its implementing 202 development regulations adopted under the Growth Management Act (Chapter 36.70A RCW). 203 (7) The policies and regulations of this program are intended to protect shoreline ecological functions 204 by: 205 (a) Requiring that current and potential ecological functions be identified and understood when 206 evaluating new uses and developments. 207 (b) Requiring adverse impacts to be mitigated in a manner that ensures no net loss of shoreline 208 ecological functions. Mitigation, as defined in Article II of this chapter, shall include avoiding first, 209 then minimizing, and then replacing/compensating for lost functions and/or resources. 210 (c) Ensuring that all uses and developments, including preferred uses and uses that are exempt from 211 a shoreline substantial development permit, will not cause a net loss of shoreline ecological 212 functions. 213 (d) Preventing, to the greatest extent practicable, cumulative impacts from individual 214 developments. 215 (e) Fairly allocating the burden of preventing cumulative impacts among development 216 opportunities. 217 (f) Including regulations and regulatory incentives to restore shoreline ecological functions where 218 such functions have been degraded by past actions. [Ord. 7-13 Exh. A (Art. I § 3)] 219 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 7/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.040 Title. 220 This document shall be known as the Jefferson County shoreline master program (“the master program” 221 or “this program”). [Ord. 7-13 Exh. A (Art. I § 4)] 222 18.25.050 Adoption authority. 223 This master program is adopted under the authority granted by Chapter 90.58 RCW and Chapter 173-26 224 WAC. [Ord. 7-13 Exh. A (Art. I § 5)] 225 18.25.060 Critical areas regulations adopted by reference. 226 (1) The Jefferson County critical areas regulations contained in Chapter 18.22 JCC are integral and 227 applicable to this program, and are hereby adopted by reference, except that: 228 (a) Nonconforming use and development within shoreline jurisdiction shall be subject to this program and not 229 JCC 18.22.240. 230 (b) Exceptions to critical area and buffer standards shall be allowed as described in Article VI (detail at JCC 231 18.25.270(5)) of this program. 232 (c) Activities that are exempt from critical areas regulation per JCC 18.22.230 shall comply with this program. 233 Such activities may require a shoreline substantial development permit, shoreline variance, or shoreline 234 conditional use permit unless this program and RCW 90.58.030(3)(e) specifically indicate the activity is 235 exempt from shoreline substantial development permit requirements. This provision shall not apply to 236 agricultural activities on agricultural lands, which are exempt from both JCC 18.22.230 and this program. 237 (2) The provisions of Chapter 18.22 JCC shall apply to any use, alteration or development within shoreline 238 jurisdiction whether or not a shoreline permit or written statement of exemption is required. 239 (3) Within shoreline jurisdiction, the regulations of Chapter 18.22 JCC shall be liberally construed together with this 240 program to give full effect to the objectives and purposes of the provisions of this program and Chapter 90.58 RCW. 241 (4) All references to the critical areas ordinance are for the version adopted on March 17, 2008, as Ordinance No. 242 03-0317-08, and further amended on May 11, 2009, as Ordinance No. 06-0511-09. 243 (5) Ocean uses and activities conducted within Jefferson County’s and the state of Washington’s jurisdiction shall 244 comply with Chapter 43.143 RCW (Ocean Resources Management Act) and WAC 173-26-360 (Ocean 245 Management). Nothing in this subsection is intended to expand or modify the applicability of Chapter 43.143 RCW, 246 WAC 173-26-360, or any subsections thereof, to ocean uses and activities not otherwise governed by those laws, 247 administrative rules, or their subsections. [Ord. 7-13 Exh. A (Art. I § 6)] 248 18.25.070 Relationship to other plans and regulations. 249 (1) Uses and developments regulated by this program may also be subject to other provisions of the JCC, 250 the Jefferson County Comprehensive Plan, the Washington State Environmental Policy Act (Chapter 251 43.21C RCW and Chapter 197-11 WAC), and other local, state and federal laws. 252 (2) Project proponents are responsible for complying with all applicable laws prior to commencing any 253 use, development or activity. 254 (3) Where this program makes reference to any RCW, WAC, or other state or federal law or regulation, 255 the most recent amendment or current edition shall apply. 256 Commented [LG4]: 2016 b and 2011 a and c Periodic Checklist Commented [AS5]: Edit made per Ecology required change 4 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 8/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (4) In the event this program conflicts with other applicable county policies or regulations, all regulations 257 shall apply and unless otherwise stated, the more restrictive provisions shall prevail. [Ord. 7-13 Exh. A 258 (Art. I § 7)] 259 18.25.080 Liberal construction. 260 This program is exempt from the rule of strict construction; therefore this program shall be liberally 261 construed to give full effect to its goals, policies and regulations. Liberal construction means that the 262 interpretation of this document shall not only be based on the actual words and phrases used in it, but 263 also by taking its deemed or stated purpose into account. Liberal construction means an interpretation 264 that tends to effectuate the spirit and purpose of the writing. For purposes of this program, liberal 265 construction means that the administrator shall interpret the regulatory language of this program in 266 relation to the broad policy statement of RCW 90.58.020, and make determinations which are in 267 keeping with those policies as enacted by the Washington State Legislature. [Ord. 7-13 Exh. A (Art. I § 8)] 268 18.25.090 Severability. 269 If any section or provision of this program is declared invalid it shall not affect the validity of this 270 program as a whole. [Ord. 7-13 Exh. A (Art. I § 9)] 271 Article II. Definitions 272 18.25.100 Definitions. 273 These SMP definitions are derived from multiple sources. Definitions denoted with (*) are from this title. 274 Definitions denoted with (**) are from Chapter 173-26 WAC. Definitions denoted with (***) are from 275 Chapter 90.58 RCW. Definitions denoted with (****) are from the previously adopted county SMP (this 276 chapter) and/or the proposed but not adopted 2000 Draft SMP. Definitions with no asterisk are derived 277 from other sources or represent the best professional judgment of the authors. 278 (1) A Definitions. 279 (a) *“Abandon” means to terminate the use of a structure by an affirmative act such as changing to 280 a new use; or to cease, terminate, or vacate a use or structure through nonaction. Except for 281 ongoing agricultural activities, there shall be a presumption that a use has been abandoned if it is 282 not undertaken, utilized, implemented or performed for a period of two years from the date of 283 cessation/termination or vacation. 284 (b) *“Abutting” means adjoining with a common boundary line or any portion thereof. 285 (c) *“Accessory dwelling unit” means an additional dwelling unit either in or added to an existing 286 single-family detached dwelling, or in a separate accessory structure on the same lot as the main 287 structure, for use as a complete, independent living facility with provisions within the accessory 288 dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be considered an 289 accessory use to the main dwelling and be clearly subordinate to the main dwelling. 290 (d) “Accessory structure” means any detached structure that is optional, incidental and subordinate 291 to a primary use and located on the same lot as the primary use. Boathouses, barns, storage sheds, 292 workshops, gazebos, docks, piers, floats, buoys, beach access structures and other similar structures 293 are examples that are typically accessory to a primary use. 294 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 9/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) *“Accessory use” means use of land or of a building or portion thereof incidental and 295 subordinate to the principal use and located on the same lot with the principal use. Private 296 moorage and other recreational uses are examples of uses that are accessory to residential 297 development. 298 (f) ****“Accretion” means the slow addition of land by the deposition of water-borne sediment 299 through the net effect of wave action and longshore drift. 300 (g) **“Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) as amended. 301 (h) *“Adequate” means acceptable but not excessive. 302 (i) *“Adjacent” means (in addition to abutting) that which is near or close; for example, an industrial 303 district across the road or highway from a commercial district shall be considered as adjacent. 304 (j) *“Adjacent lands, shoreline” means lands adjacent to the shorelines of the state (outside of 305 shoreline jurisdiction). See RCW 90.58.340. 306 (k) *“Administrator” means the Jefferson County department of community development director 307 or a designated representative. 308 (l) *“Adverse impact or effect” means the result of a condition that creates, imposes, aggravates, or 309 leads to inadequate, impractical, unsafe, or unhealthy conditions or reduces ecological functions or 310 values. 311 (m) ****“Advertising” means publicly displayed messages or signs, billboards, placards, or buildings 312 that direct attention to promotion of a business, service, or product. 313 (n) *“Aggrieved party” means a party of record who can demonstrate the following: 314 (i) The land use decision will prejudice the person; 315 (ii) The asserted interests are among those the county is required by county code, federal or 316 state law or regulation to consider in making a land use decision; and 317 (iii) A decision on appeal in favor of the person would substantially eliminate or redress the 318 prejudice alleged to be caused by the land use decision. 319 (o) **“Agricultural activities” means agricultural uses and practices including, but not limited to: 320 producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; 321 allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left 322 unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse 323 agricultural market conditions; allowing land used for agricultural activities to lie dormant because 324 the land is enrolled in a local, state, or federal conservation program, or the land is subject to a 325 conservation easement; conducting agricultural operations; maintaining, repairing, and replacing 326 agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that 327 the replacement facility is no closer to the shoreline than the original facility; and maintaining 328 agricultural lands under production or cultivation. 329 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 10/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (p) **“Agricultural land” means those specific land areas on which agriculture activities are 330 conducted as of the date of adoption of this master program pursuant to the state guidelines 331 (Chapter 173-26 WAC) as evidenced by aerial photography or other documentation. After the 332 effective date of the master program, land converted to agricultural use is subject to compliance 333 with the requirements of the master program. 334 (q) *“Agriculture, existing and ongoing” means any agricultural activity conducted on an ongoing 335 basis on lands enrolled in the open space tax program for agriculture or designated as agricultural 336 lands of long-term commercial significance on the official map of Comprehensive Plan land use 337 designations; provided, that agricultural activities were conducted on those lands at any time during 338 the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is 339 conducted is converted to a nonagricultural use. 340 (r) *“Agriculture, new” means agricultural activities proposed or conducted after April 28, 2003, and 341 that do not meet the definition of existing ongoing agriculture. 342 (s) *“Allowed use” means uses allowed subject to the provisions of this program, including meeting 343 applicable performance and development standards; if a shoreline permit, building permit or other 344 development permit (e.g., stormwater permit) is required, the use is subject to the project review 345 and approval process. 346 (t) “Alteration” means any human induced change in an existing condition of a shoreline and/or its 347 buffer. Alterations include but are not limited to grading; filling; channelizing; dredging; clearing 348 (vegetation); draining; constructing structures; compaction, excavation, or any other activity that 349 changes the character of a site. 350 (u) *“Alteration, nonconforming structures” means any change or rearrangement in the supporting 351 members of existing buildings, such as bearing walls, columns, beams, girders, or interior partitions, 352 as well as any changes in doors, windows, means of egress or ingress or any enlargement to or 353 diminution of a building or structure, horizontally or vertically, or the moving of a building from one 354 location to another. This definition excludes normal repair and maintenance, such as painting or 355 roof replacement, but includes more substantial changes. 356 (v) *“Alteration, nonconforming use” means the expansion, modification or intensification of a use 357 that does not conform to the land use regulations of this program. 358 (w) “Anadromous fish” means fish species that spend part of their lifecycle in saltwater, but return 359 to freshwater to reproduce. 360 (x) *“Appeal” means a request by an applicant or citizen that a decision made pursuant to this 361 program be reviewed for its correctness and legality by another person, agency or court of law 362 having jurisdiction to hear such an appeal. 363 (y) *“Applicant” means the owner or owners of record of the property subject to a project permit 364 application under this program, or authorized representative thereof. 365 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 11/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (z) *“Application” means the forms, plans and accompanying documents required for any project 366 permit approval under this code. 367 (aa) “Appurtenance, normal” means a structure or use that is necessarily connected to a primarythe 368 use and enjoyment of a single-family residence and is located landward of the ordinary high water 369 mark. and the perimeter of a wetland. Normal appurtenances for residential development are 370 garagesinclude a garage, attached deck, utilities, installation of a septic tankstank and 371 drainfieldsdrainfield, as well as driveways, walkways, and a driveway, front walk between the driveway 372 and the home’s main entry, fences, plus initial clearing and grading for a new residence which does not 373 exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of 374 the ordinary high water mark.. 375 (bb) “Aquaculture” means the farming or culture of food fish, shellfish, or other aquatic plants or 376 animals in freshwater or saltwater, and may include development such as structures, as well as use 377 of natural spawning and rearing areas. Aquaculture does not include the harvest of wildstock 378 geoduck on state-owned lands. Wildstock geoduck harvest is a fishery. 379 (cc) *“Aquaculture activity” means actions directly pertaining to growing, handling, or harvesting of 380 aquaculture produce. Examples include, but are not limited to, propagation, tank farms, hatcheries, 381 incubators/nurseries, stocking, feeding, disease treatment, depuration facilities, waste disposal, 382 water use, development of habitat and structures, sorting, wet storage, and staging. Excluded from 383 this definition are related commercial or industrial uses such as wholesale and retail sales, final 384 processing and freezing. 385 (dd) *“Aquaculture facility or farm” means any facility or tract of land used to culture aquatic 386 products. Each geographically separate facility or tract of land used for aquaculture shall constitute 387 a separate facility/farm; provided, that adjoining farms/facilities with separate operators shall be 388 considered separate facilities/farms. 389 (ee) *“Archaeological” means having to do with the scientific study of material remains of past 390 human life and activities. 391 (ff) “Archaeological resource/site” means a geographic locality including, but not limited to, 392 submerged and submersible lands and the bed of the sea that contains physical evidence of an 393 indigenous and subsequent culture including material remains of past human life, monuments, 394 symbols, tools, facilities, graves, skeletal remains and technological byproducts: 395 (i) That are associated with events that have made a significant contribution to the broad 396 patterns of our history; or 397 (ii) That are associated with the lives of significant persons in our past; or 398 (iii) That embody the distinctive characteristics of a type, period or method of construction, or 399 that represent the work of a master, or that possess high artistic values, or that represent a 400 significant and distinguishable entity whose components may lack individual distinction; or 401 (iv) That have yielded or may be likely to yield, information important in history or prehistory. 402 Commented [LG6]: Response to ECY 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 Chapter 18.25 SHORELINE MASTER PROGRAM Page 12/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (gg) “Archaeologist” is a person listed on the Washington State Department of Archaeology and 403 Historical Preservation list of qualified archaeologists. 404 (hh) “Associated wetlands” means wetlands that are in proximity to tidal waters, lakes, rivers or 405 streams that are subject to the Shoreline Management Act and either influence or are influenced by 406 such waters. Factors used to determine proximity and influence include but are not limited to: 407 location contiguous to a shoreline waterbody, formation by tidally influenced geohydraulic 408 processes, presence of a surface connection including through a culvert or tide gate, location in part 409 or whole within the 100-year floodplain of a shoreline, periodic inundation, and/or hydraulic 410 continuity. 411 (ii) *“Average grade level” means the average of the natural or existing topography of the portion of 412 the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or 413 structure as measured by averaging the elevations at the center of all exterior walls of the proposed 414 structure. In the case of structures to be built over the water, the average grade level shall be the 415 elevation of the ordinary high water. 416 (2) B Definitions. 417 (a) *“Backshore” means the area landward of the high tide line wetted by storm tides but normally 418 dry. It may be a narrow gravel berm below a sea bluff or a broader complex of berms, marshes, 419 meadows, or dunes. 420 (b) *“Barrier beach” means an accretion shore form of sand and gravel that has been deposited by 421 longshore drift in front of bluffs, bays, marshes, or estuaries, and functions like a storm barrier. 422 (c) *“Bar” means a marine or river shore form similar to a spit or a hook, though generally not 423 attached to the mainland during periods of high water. 424 (d) *“Beach” means the zone of unconsolidated material that is moved by waves, wind and tidal 425 currents. 426 (e(e) “Beach access structure” means a structural pathway/walkway for purposes of providing 427 pedestrian access to a beach or shoreline area, not for motorized vehicle access. It often includes a 428 stairway, tram, stair tower, platform and/or elevated walkway anchored to the ground surface by 429 structural means. 430 (f) *“Beach restoration and enhancement” means the alteration of terrestrial and tidal shorelines or 431 submerged shorelines for the purposes of stabilization, recreational enhancement, or aquatic 432 habitat creation or restoration. The materials used depend upon the intended use. For instance, to 433 create a beach for recreational purposes, various grades of clean sand or pea gravel are often used. 434 To restore or recreate a shore feature or an underwater aquatic environment (e.g., a reef), a 435 combination of a rock matrix and sand or other materials may be used. To restore riparian habitat 436 functions, native vegetation may be used. 437 (fg) *“Base flood” means the flood having a one percent chance of being equaled or exceeded in 438 any given year; also known as the 100-year flood, as shown on the FIRM maps. 439 Commented [AS9]: Relocated definition per Ecology recommended change 10 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 13/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (gh) *“Base flood elevation” means the elevation for which there is a one percent chance in any 440 given year that flood levels will equal or exceed it. 441 (h) “Beach access structure” means a structural pathway/walkway for purposes of providing pedestrian access 442 to a beach or shoreline area, not for motorized vehicle access. It often includes a stairway, tram, stair tower, 443 platform and/or elevated walkway anchored to the ground surface by structural means. 444 (i) “Beds of navigable waters” or “bedlands” means those lands lying waterward of and below the 445 line of navigability on rivers and lakes not subject to tidal flow, or extreme low tide mark in 446 navigable tidal waters, or the outer harbor line where harbor area has been created (RCW 447 79.105.060(2)). 448 (j) “Bedrock” means a general term for rock, typically hard, consolidated geologic material that 449 underlies soil or other unconsolidated, superficial material or is exposed at the surface. 450 (k) “Berm” or “protective berm” means one or several accreted linear mounds of sand and gravel 451 generally paralleling the shore at or landward of OHWM; berms are normally stable because of 452 material size or vegetation, and are naturally formed by net-shore drift. Also, a linear mound used 453 to screen an adjacent activity (e.g., a parking lot) from transmitting excess noise and glare. 454 (l) *“Best management practices (BMPs)” means systems of practices, schedules of activities, 455 prohibitions, maintenance procedures, and management measures that prevent or minimize 456 adverse impacts to the environment. 457 (m) ****“Bioengineering” or “biostabilization” means the practice of using natural vegetative 458 materials to stabilize shorelines and prevent erosion. This may include use of bundles of stems, root 459 systems, or other living plant material, soft gabions, fabric or other soil stabilization techniques, and 460 limited rock toe protection where appropriate. Bioengineering projects often include habitat 461 enhancement measures (e.g., anchored logs, root wads, etc.). Such techniques may be applied to 462 creeks, rivers, lakes, reservoirs, and marine waters. Bioengineering may also be applied in upland 463 areas away from the immediate shoreline. 464 (n) *“Board (BOCC)” means the board of county commissioners for Jefferson County. Also 465 referenced as board of commissioners or county commissioners. 466 (o) *“Boat building and repair, commercial” means a commercial establishment where boats are 467 constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon. 468 (p) “Boating facilities” means any public or private facility for storingmooring, accessing, or launching 469 vessels or watercraft established as a primary use or accessory structure. This includes marinas, 470 open water moorage and anchorage areas, boat launch ramps, boat lifts, mooring buoys, piers, 471 floats and docks, or any other similar single-user or shared-use facility for public recreational use, 472 commercial/industrial/port use, or private residential use. For purposes of this program, 473 boathouses, boat repair shops, and other upland boat storage structures are not considered boating 474 facilities. 475 (q) “Boathouse” means an enclosed structure designed and used exclusively for the storage of boats 476 and boating equipment and not used as a dwelling unit. 477 Commented [AS10]: Relocated definition per Ecology recommended change 10 (9/30/22) Commented [AS11]: Edits to definition made per Ecology recommendation 2 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 14/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (r) ****“Boat launch” or “boat ramp” means a slab, pad, plank, rail, or graded slope used for 478 launching boats by means of a trailer, hand, or mechanical device. 479 (s) “Boat lift” is an in-water structure used for the dry berthing of vessels above the water level and 480 lowering of vessels into the water periodically. A boat lift as herein defined is used to berth and 481 launch a single vessel, suspended over the water’s surface. A boat lift is generally a manufactured 482 unit without a canopy cover and may be placed in the water adjacent to a dock/pier or as a stand-483 alone structure. A boat lift may be designed either for boats or personal watercraft. A boat lift is to 484 be differentiated from a hoist or crane used for the launching or haul-out of vessels. 485 (t) “Bottom culture” means all aquaculture systems that are set on or securely and rigidly attached 486 to the tidelands or bedlands and do not extend higher than six feet from the bottom (excluding 487 hoists and similar apparatus). Bottom culture includes but is not limited to geoduck tubes, oyster 488 longlines, clam netting, oyster rack and bags, and clam bags. Bottom culture does not include 489 aquaculture suspended from rafts or buoys or contained in floating net pens. 490 (u) ****“Breakwater” means an offshore structure that is generally built parallel to shore that may 491 or may not be connected to land, and may be floating or stationary. Their primary purpose is to 492 protect harbors, moorages and navigation activity from wave and wind action by creating stillwater 493 areas along shore. A secondary purpose is to protect shorelines from wave caused erosion. Most 494 breakwaters in the Pacific Coast are rip-rap mound construction. 495 (v) “Buffer” or “buffer zone, strip, or area” means the area adjacent to a shoreline or critical area 496 that separates and protects the area from adverse impacts associated with adjacent land uses. A 497 buffer is measured horizontally and perpendicularly from the ordinary high water mark, and 498 includes the three-dimensional airspace above. 499 (w) “Building” means any structure used or intended for supporting or sheltering any use or 500 occupancy as defined in the International Building Code. 501 (x) *“Building envelope” means: 502 (i) A three-dimensional space in which a building or structure may be built meeting septic 503 requirements; 504 (ii) A plat restriction for the purpose of defining building coverage areas for individual lots, or 505 for describing shoreline building setbacks; 506 (iii) The buildable area of a lot, tract or parcel after applicable setbacks, buffers, easements and 507 other restrictions on the lot, tract or parcel are taken into account. 508 (y) ****“Bulkhead” means a wall usually constructed parallel to the shore at, above, or near, the 509 ordinary high water mark with the primary purpose of containing and preventing the loss of soil 510 caused by erosion or wave action. Bulkheads are usually constructed of rock, poured-in-place 511 concrete, steel or aluminum sheet piling, wood or wood and structural steel combinations. They 512 may be either thin structures penetrating deep into the ground, or more massive structures resting 513 on the surface. 514 Commented [AS12]: Modified as part of response to WDFW comment provided in email dated 3.26.21 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 15/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (3) C Definitions. 515 (a) *“Campground and camping facilities” means a facility in which sites are offered for persons 516 using tents or other personal, portable overnight shelters. Campgrounds are for short-term stays 517 and do not include trailer parks. 518 (b) “Canopy” means the collective branches and foliage of a single tree or group of trees, aggregate 519 or collective tree crowns. A canopy can be closed or partially closed as in a forest or woodland 520 stand, or composed of both individual trees and closed canopy groups as in an urban forest canopy. 521 (c) “Canopy cover” means the drip line area for an individual tree. For a stand of multiple trees it is 522 the sum of the drip line areas of each tree less any overlap. 523 (d) ****“Channel” means an open water either naturally or artificially created to convey water. 524 (e) *“Channel migration zone (CMZ)” means an area within the lateral extent of likely stream 525 channel movement that is subject to risk due to stream bank destabilization, rapid stream incision, 526 stream bank erosion and shifts in the location of stream channels. 527 “Channel migration zone” includes: 528 (i) The historic channel migration zone (which is the footprint of the active channel 529 documented through historical photographs and maps); and 530 (ii) The avulsion hazard zone (which is an area with the potential for movement of the main 531 river channel into a new location); and 532 (iii) The erosion hazard area (which is an area outside the historic channel migration zone and 533 the avulsion hazard zone, and includes an erosion setback for a 100-year period of time and a 534 geotechnical setback to account for slope retreat to a stable angle of repose). 535 (iv) “High channel migration hazard” (or “high risk CMZ”) for the Big Quilcene, Little Quilcene, 536 Dosewallips, Duckabush, and Lower Hoh Rivers means those nondisconnected portions of the 537 channel that are likely to migrate within a 50-year timeframe. 538 (v) For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers, “moderate channel 539 migration hazard” (or “moderate risk CMZ”) means those nondisconnected portions of the 540 channel that are likely to migrate within a 50- to 100-year timeframe; and “low channel 541 migration hazard” (or “low risk CMZ”) means those nondisconnected portions of the channel 542 that are likely to migrate beyond a 100-year timeframe. 543 (vi) For the Lower Hoh River, “moderately high hazard” (or “moderately high risk CMZ”) means 544 those nondisconnected portions of the channel that are likely to migrate within a 50- to 100-545 year timeframe, “moderate hazard” means those nondisconnected portions of the channel that 546 are likely to migrate beyond a 100-year timeframe, and “low hazard” means the 547 nondisconnected portions of the channel that are less likely to be affected by channel 548 migration, but is still at risk due to its location on the valley floor. 549 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 16/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. “Channel migration zone” does not include disconnected migration areas, which are areas that have 550 been disconnected from the river by legally existing artificial structure(s) that restrain channel 551 migration (such as levees and transportation facilities build above or constructed to remain intact 552 through the 100-year flood elevation), that are no longer available for migration by the river. 553 “Channel migration zone” may exclude areas that lie behind a lawfully established flood protection 554 facility that is likely to be maintained by existing programs for public maintenance consistent with 555 designation and classification criteria specified by public rule. When a natural geologic feature 556 affects channel migration, the channel migration zone width will consider such natural constraints. 557 (f) “Channelization” means the straightening, relocation, deepening or lining of stream channels, 558 including construction of continuous revetments or levees for the purpose of preventing gradual, 559 natural meander progression. 560 (g) “Clearing” means the destruction or removal, by hand or with mechanical means, of vegetative 561 ground cover, shrubs or trees. Clearing may or may not include removing root material or topsoil. 562 (h) “Cluster development” means a development design technique that groups or clusters buildings 563 in specific areas on a site to minimize environmental impacts related to impervious surface, clearing 564 and other impacts. 565 (i) “Commercial fish” means those species of fish that are classified under the Washington 566 Department of Fish and Wildlife Food Fish Classification as commercial fish (WAC 220-12-010). 567 (j) *“Commercial recreational facility” means a place designed and equipped for sports and leisure-568 time activities that is operated as a business and open to the public for a fee. 569 (k) *“Commercial sign” means any object, device, display or structure that is used for attracting 570 attention to any commercial use, product, service, or activity. 571 (l) *“Commercial use” means a business use or activity at a scale greater than a home business or 572 cottage industry involving retail or wholesale marketing of goods and services. Examples of 573 commercial uses include offices and retail shops. 574 (m) “Community dock/pier/float” means a shared-use private boating facility composed of dock that 575 serves multiple residential properties, pier, and/or float components established as: 576 (i) An accessory structure for five or more (5+) single-family residences, including upland and 577 waterfront and/or upland lots/parcels, in a subdivision, neighborhood, or similar community 578 setting. (comparable to “Community structure” per JCC 18.10.030); or 579 (ii) An accessory structure for a multifamily residential use; or 580 (iii) A primary use recreational facility serving five or more (5+) single-family residences (e.g., 581 community club). 582 A shared-use private boating facility that also provides related goods/services is considered a 583 marina.. See also “Joint use dock/pier/float” and “Shared use.” 584 Commented [AS13]: 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 [AS14R13]: Additional edits to definition made per Ecology recommendation 2 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 17/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (n) *“Compatible” means uses or activities capable of existing together or in the vicinity of one 585 another without disharmony or without generating effects or impacts which are disruptive to the 586 normal use and enjoyment of surrounding property. 587 (o) “Compensatory mitigation” means replacing resources or functions, at an equivalent or greater 588 level, to offset unavoidable impacts that remain after all appropriate and practicable avoidance and 589 minimization measures have been implemented. “Compensatory mitigation” includes, but is not 590 limited to, creation, restoration, enhancement, preservation, and rehabilitation of wetlands, 591 buffers, and other habitats or resources. 592 (p) *“Comprehensive Plan” means the Jefferson County Comprehensive Plan. 593 (q) “Conditional use permit (CUP)” means a permit issued by the county stating that the proposed 594 land uses and development activities meet all criteria and all conditions of approval in accordance 595 with the procedural requirements of this code. The intent of requiring a CUP is to accommodate 596 site-specific allowances while ensuring program requirements are satisfied. As per Chapter 18.15 597 JCC, a CUP can be standard (C), administrative (C(a)))), or discretionary (C(d)). For this program, 598 criteria are described in Article IX of this chapter and application review processes are described in 599 Article X of this chapter. 600 (r) “Conservation” means the prudent management of rivers, streams, wetlands, wildlife and other 601 environmental resources in order to preserve and protect them. This includes the careful use of 602 natural resources to prevent depletion or harm to the environment. 603 (s) *“Conservation district” means a special purpose district, like a fire district or school district, 604 organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to 605 landowners for the conservation of renewable resources. 606 (t) “Conservation easement” means a legal agreement that the property owner enters into to 607 restrict uses of the land for purposes of natural resources conservation. The easement is recorded 608 on a property deed, runs with the land, and is legally binding on all present and future owners of 609 the property. 610 (u) “Contaminant” means any chemical, physical, biological, or radioactive substance that does not 611 occur naturally in ground water, air, or soil or that occurs at concentrations greater than those in 612 the natural levels (Chapter 172-200 WAC). 613 (v) *“County” means Jefferson County, Washington, its board, commissions, and departments. 614 (w) ****“CoveredCover ed moorage” means boat moorage, with or without walls, that has a roof to 615 protect the vessel. 616 (x) ****Creek. See “Stream.” 617 (y) “Critical areas” mean the following areas as designated in Chapter 18.22 JCC, as incorporated 618 into this program: 619 (i) Critical aquifer recharge areas. 620 Commented [AS15]: 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 [AS16]: Edits to definition made per Ecology recommendation 15 and required change 4 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 18/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Wetlands. 621 (iii) Geologically hazardous areas. 622 (iv) Frequently flooded areas. 623 (v) Fish and wildlife habitat conservation areas. 624 (z) “Critical habitat” means habitat areas with which endangered, threatened, sensitive or 625 monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing 626 of young, migrating). Such areas are identified herein with reference to lists, categories, and 627 definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 628 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) program of the Department of 629 Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National 630 Marine Fisheries Service, or other agency with jurisdiction for such designations. See also “Habitat 631 of special significance.” 632 (aa) “Cumulative impacts” or “cumulative effects” means the combined impacts of a proposed 633 development action along with past impacts and impacts of reasonably foreseeable future 634 development actions. 635 (bb) “Current deflector” means an angled stub-dike, groin, or sheet-pile structure which projects 636 into a stream channel to divert flood currents from specific areas, or to control downstream current 637 alignment. 638 (cc) *“Current use” means the use of land or improvements at the time of permit application. 639 (4) D Definitions. 640 (a) “Dam” means a barrier across a stream or river to confine or regulate flow or raise water levels 641 for purposes such as flood or irrigation water storage, erosion control, power generation, or 642 collection of sediment or debris. 643 (b) *“DCD” means the Jefferson County department of community development. 644 (c) “Deepwater habitats” means environments where surface water is permanent and often deep, 645 so that water, rather than air, is the principal medium in which the dominate organisms live. 646 (d) “Degrade” means to scale down in desirability or salability, to impair in respect to some physical 647 property or to reduce in structure or function. 648 (e) ****“Delta” or “river delta” means those lands formed as an aggradational feature by stratified 649 clay, silt, sand and gravel deposited at the mouths of streams where they enter a quieter body of 650 water. The upstream extent of a river delta is that limit where it no longer forms distributary 651 channels. 652 (f) *“Density” means the quantity per unit area, such as the number of dwelling units per acre. 653 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 19/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (g) ***“Development” means a use consisting of the construction or exterior alteration of 654 structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; 655 bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary 656 nature which interferes with the normal public use of the surface of the waters overlying lands 657 subject to this program at any state of water level. “Development” does not include dismantling or 658 removing structures if there is no other associated development or re-development. 659 (h) ****“Developed shorelines” means those shoreline areas that are characterized by existing uses 660 or structures located within shoreline jurisdiction. 661 (i) “Development agreement” means a binding legal agreement between a local government and a 662 property owner, managing agent or controlling entity that establishes the standards and other 663 provisions that apply to, govern and vest the development, use and mitigation of real property for 664 the specified duration of time, as consistent with local regulations and Chapter 36.70B RCW. 665 (j) “Diameter at breast height (DBH)” means the diameter of a tree at four and one-half feet above 666 the ground measured from the uphill side. 667 (k) “Dike” means an artificial embankment placed at a stream mouth or delta to hold back sea 668 water. 669 (l) *“Director” means, unless otherwise specified, the director of the county’s department of 670 community development (DCD) or the director’s designee. 671 (m) *“Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or 672 transfer of ownership (see Chapter 18.35 JCC). 673 (n) “Dock” means a fixed platform structure that abuts the shore anchored in and floating upon a 674 water body that abuts the shore to provide landing for water -dependent recreation or moorage for 675 vessels or watercraft and does not include above water storage. 676 (o) *“Drainage” means surface water runoff; the removal of surface water or ground water from 677 land by drains, grading, or other means, which include runoff controls to minimize erosion and 678 sedimentation during and after construction or development. 679 (p) “Dredge material disposal” means the depositing of dredged materials on land or into water 680 bodies. 681 (q) “Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other 682 water body. This does not include de minimis removal of sediment during harvest of geoduck clams 683 or other shellfish. 684 (r) **“Drift cell, drift sector, or littoral cell” means a particular reach of marine shore in which 685 littoral drift may occur without significant interruption and which contains any natural sources of 686 such drift and also accretion shore forms accreted by such drift. 687 (s) “Drip line area” means the area measured from the trunk of the tree outward to a point at the 688 perimeter of the outermost branch structure of the tree. 689 Commented [LG17]: 2017 b Periodic Checklist Commented [AS18]: Edit to definition made per Ecology recommendation 2 (9/30/22). Also relocated "that abuts the shore" so it modifies the structure and not the water body. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 20/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (t) *“Driveway” means a strip of land which provides vehicular access to one or two lots. 690 (u) ****“Dune” means a hill or ridge of sand piled up by the wind and/or wave action. 691 (v) “Dwelling unit” means one or more rooms or structures designed for occupancy by an individual 692 or family for living and sleeping purposes. 693 (5) E Definitions. 694 (a) **“Ecological functions” or “shoreline functions” means the work performed or role played by 695 the physical, chemical, and biological processes that contribute to the maintenance of the aquatic 696 and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-697 200201(2)(c). Functions include, but are not limited to, habitat diversity and food chain support for 698 fish and wildlife, ground water recharge and discharge, high primary productivity, low flow stream 699 water contribution, sediment stabilization and erosion control, storm and flood water attenuation 700 and flood peak desynchronization, and water quality enhancement through biofiltration and 701 retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of 702 priority. 703 (b) ****“Ecologically intact shorelines” means those shoreline areas that retain the majority of their 704 natural shoreline functions and values, as evidenced by vegetation and shoreline configuration. 705 Generally, but not necessarily, ecologically intact shorelines are largely free of structural shoreline 706 modifications, structures, and intensive human activities. 707 (c) “Ecology” means Washington State Department of Ecology. 708 (d) **“Ecosystem processes” means the suite of naturally occurring physical and geologic processes 709 of erosion, transport, and deposition; and specific chemical processes that shape landforms within a 710 specific shoreline ecosystem and determine both the types of habitat and the associated ecological 711 functions. 712 (e) “Emergency activities” are those activities that require immediate action within a time too short 713 to allow full compliance with this program due to an unanticipated and imminent threat to public 714 health, safety or the environment (see WAC 173-27-040). Emergency construction does not include 715 development of new permanent protective structures where none previously existed. All 716 emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this 717 program. As a general matter, flooding or other seasonal events that can be anticipated and may 718 occur but that are not imminent are not an emergency. 719 (f) *“Endangered species” means a species which is in danger of extinction throughout all or a 720 significant portion of its range, as classified by the Washington Department of Fish and Wildlife, the 721 Washington Department of Natural Resources, or the Federal Endangered Species Act. 722 (g) “Enhancement” means actions performed within an existing degraded shoreline and/or buffer to 723 intentionally increase or augment one or more functions or values of the existing area. 724 Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing 725 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 21/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. wildlife habitat and structural complexity (snags, woody debris), installing environmentally 726 compatible erosion controls, or removing non-indigenous plant or animal species. 727 (h) *“Erosion” means the detachment and movement of soil or rock by water, wind, ice, or gravity. 728 (i) *“Erosion hazard areas” means areas characterized by soils identified in the USDA Jefferson 729 County Soil Survey as having severe water erosion hazards. 730 (j) *“Essential public facilities” means those important and necessary facilities which provide 731 essential services that are typically difficult to site, such as airports, state educational facilities, state 732 or regional transportation facilities, state and local correctional facilities, solid waste handling 733 facilities, and in-patient facilities including substance-abuse facilities, mental health facilities, and 734 group homes (RCW 36.70A.200). They do not necessarily include all public facilities or services; they 735 may be, but are not necessarily, publicly owned. Essential public facilities in Jefferson County 736 include airports, large-scale transportation facilities, solid waste handling and disposal facilities, 737 correctional facilities, in-patient treatment facilities including substance-abuse facilities and mental 738 health facilities, state-owned educational facilities, and wastewater treatment plants. 739 (k) “Estuary” means a semi-enclosed coastal water body connected to a larger body of saltwater 740 with one or more streams/rivers flowing into it. Estuaries are typically the mouths of rivers and 741 have brackish water. 742 (l) *“Excavation” means the mechanical removal of earth, including soil, rocks, bedrock, and/or root 743 material from areas landward of the OHWM of a waterbody. 744 (m) “Exempt development” refers to activities which the legislature identified as not requiring 745 shoreline substantial development permits. Actions in shoreline jurisdiction not requiring such 746 permits are required to be consistent with all the relevant policies and regulations in RCW 747 90.58.030 and WAC 173-27(040). A letter from the county must be obtained certifying that the 748 development is exempt. Exempt uses may still require conditional use and/or variance permits. 749 (n) *“Existing use” means the use of a lot or structure or improvements at the time of the 750 enactment of this code, unless otherwise specified. 751 (o) “Experimental aquaculture” means aquaculture that cultivates new species, or uses growing 752 methods or harvesting techniques that have not previously been used in the state of Washington 753 and that differ significantly from common practice. 754 (p) *“Extraction” means the commercial removal of naturally occurring materials from the earth, 755 excluding water. 756 (q) ***“Extreme low tide (ELT)” means the lowest line of the land reached by a receding tide. This is 757 the line as estimated by the federal government below which it might reasonably be expected that 758 the tide would not ebb. In the Puget Sound area generally, this point is estimated by the federal 759 government to be a point in elevation 4.50 feet below the datum plane of mean lower low water 760 (0.0). Along the Pacific Ocean and in the bays fronting thereon and the Strait of Juan de Fuca, the 761 elevation ranges down to a minus 3.5 feet in several locations. 762 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 22/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (6) F Definitions. 763 (a) ****“Fair market value (FMV)” of a development means the open market bid price for 764 conducting the work, using the equipment and facilities, and purchase of the goods, services and 765 materials necessary to accomplish the development. This would normally equate to the cost of 766 hiring a contractor to undertake the development from start to finish, including the cost of labor, 767 materials, equipment and facility usage, transportation and contractor overhead and profit. The fair 768 market value of the development shall include the fair market value of any donated, contributed or 769 found labor, equipment or materials. 770 (b) **“Feasible” means, for the purpose of this program, that an action, such as a development 771 project, mitigation, or preservation requirement, meets all of the following conditions: 772 (i) The action can be accomplished with technologies and methods that have been used in the 773 past in similar circumstances, or studies or tests have demonstrated in similar circumstances 774 that such approaches are currently available and likely to achieve the intended results; 775 (ii) The action provides a reasonable likelihood of achieving its intended purpose; and 776 (iii) The action does not physically preclude achieving the project’s primary intended legal use. 777 In cases where these guidelines require certain actions unless they are infeasible, the burden of 778 proving infeasibility is on the applicant. In determining an action’s infeasibility, the reviewing 779 agency may weigh the action’s relative public costs and public benefits, considered in the short- 780 and long-term time frames. 781 (c) (i) *“Feasible alternative” means an alternative that: 782 (A) Meets the requirements of federal, state, and local laws and regulations; 783 (B) Attains most or all of the basic objectives of the project; 784 (C) Is technically and technologically possible; 785 (D) Can be accomplished at a reasonable cost; 786 (E) Can be accomplished in a reasonable amount of time; and 787 (F) Adverse environmental, health, and safety effects are no greater than those of the 788 original proposal. 789 (ii) A determination of what is reasonable or feasible is made by the decision-making body on a 790 case-by-case basis, taking into account the: 791 (A) Probable intensity, severity, and cumulative impacts of the original proposal and 792 alternative approaches, and opportunity for the avoidance or reduction in the number, 793 intensity, or severity of significant impacts, or of the aggregate adverse impact; 794 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 23/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (B) Risk of upset conditions (i.e., the risk that the control and mitigation measures will fail, 795 be overwhelmed, or exceed allowed limits) and the potential severity of the impact should 796 control or mitigation measures be ineffective or fail; 797 (C) Capital and operating costs; 798 (D) Period of time to accomplish, costs of additional time or delay, and time constraints for 799 completion; and 800 (E) Location and site-specific factors, such as seasonal or topographic constraints, 801 environmentally sensitive areas and habitats, site accessibility, and local community 802 concerns. 803 (d) ****“Feeder bluff” means anyan eroding coastal headland or hill with a broad, steep face experiencing 804 periodic erosion from waves, sliding or slumpingbluff that, through natural transportation, delivers a 805 significant amount of sediment to the beach over an extended period of time and contributes eroded 806 earth, sand or gravel material via a driftway to an accretion shoreform.to the local littoral sediment budget. 807 (e) “Fill” means the addition of solid or semi-solid material such as soil, sand, rock, gravel, sediment, 808 wood chips, mining overburden, earth retaining structure, or other material used to create any 809 structure or infrastructure or when placed changes the elevation or grade of a receiving site. 810 (f) “Fill material” means any solid or semi-solid material such as soil, sand, rock, gravel, sediment, 811 wood chips, mining overburden, earth retaining structure, or other material from mining or other 812 excavation activities, and materials used to create any structure or infrastructure, that when placed, 813 changes the grade or elevation of the receiving site. 814 (g) “Filling” means the act of transporting or placing by any manual or mechanical means fill 815 material from, to, or on any soil surface, including temporary stockpiling of fill material. 816 (h) “Finfish” means a vertebrate organism of the classes Osteichthyes, Agnatha, or Chondrichthyes 817 possessing a bony and/or cartilaginous inner skeleton, including all stages of development and the 818 bodily parts of the fish (RCW 77.08.22). Examples include, but are not limited to, salmon, trout, ling 819 cod, rock fish, halibut, sole, sablefish, perch, pollock, whiting, tilapia, carp, lamprey, sturgeon, 820 sharks, skates, and rays. In comparison, see “Shellfish.” 821 (i) “Fire hazard” means the accumulation of combustible materials in such a condition as to be 822 readily ignited and in such a quantity as to create a hazard from fire to nearby structures, life and 823 property. 824 (j) “Fish habitat” means a complex of physical, chemical, and biological conditions that provide the 825 life supporting and reproductive needs of a species or life stage of fish. Although the habitat 826 requirements of a species depend on its age and activity, the basic components of fish habitat in 827 rivers, streams, ponds, and nearshore areas include, but are not limited to, the following: 828 (i) Clean water and appropriate temperatures for spawning, rearing, and holding; 829 Commented [LG19]: Staff Docket/Code Interpretations definition taken from https://fortress.wa.gov/ecy/publications/documents/14060 16.pdf Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 24/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Adequate water depth and velocity for migrating, spawning, rearing, and holding, including 830 off-channel habitat; 831 (iii) Abundance of bank and in-stream structures to provide hiding and resting areas and 832 stabilize stream banks and beds; 833 (iv) Appropriate substrates for spawning and embryonic development. For stream and lake 834 dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged 835 rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand; 836 (v) Presence of riparian vegetation as defined in this article. Riparian vegetation creates a 837 transition zone, which provides large woody debris (LWD), shade, and food sources of aquatic 838 and terrestrial insects for fish; 839 (vi) Unimpeded passage (suitable gradient and lack of barriers) for upstream and downstream 840 migrating juveniles and adults. 841 (k) “Float” means a fixed platform structure that does not connect to the shore anchored in and 842 floating upon a water body that does not connect to the shore, and that provides landing for water-843 dependent recreation or moorage for vessels or watercraft, and that does not include above water 844 storage. 845 (l) “Floating aquaculture” means aquaculture systems that suspend aquatic organisms in the water 846 column using buoys, rafts, docks, piers or other structure and that extend more than three feet 847 from the bottom into the water column. Floating aquaculture is synonymous with hanging 848 aquaculture. 849 (m) “Floating house”dwellings include the following: 850 (i) "Floating home" means a single-family dwelling unit constructed on a float, that is moored, 851 anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of 852 being towed. 853 (ii) "Floating on-water residence" means a vessel or any floating structure that is other than a 854 floating home, that: (i) Is designed, or has been substantially and structurally remodeled or redesigned, 855 to serve primarily as a residence. “Floating houses” include house boats, house barges, or any floating 856 structures that serve used primarily as a residence on the water and do not qualify as a vessel. A 857 floating structure that is used as a residencehas detachable utilities; and is capable of navigation, but is 858 not designed primarily for navigation, nor is normally capable of self propulsion and (ii) whose owner or 859 primary occupant has held an ownership interest in space in a marina, or has held a lease or 860 sublease to use as a means of transportation, is a floating house, not a vessel per WAC 332-30-103.space 861 in a marina, since a date prior to July 1, 2014. 862 863 (n) *“Flood” or “flooding” means the temporary inundation of normally dry land areas from the 864 overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface 865 waters. 866 Commented [AS20]: Edit to definition made per Ecology recommendation 2 (9/30/22). Also relocated "that does not connect to the shore" so it modifies the structure and not the water body. Commented [LG21]: 2014.a Periodic Checklist Commented [AS22]: Edit to definition made per Ecology recommendation 3 and required change 2 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 25/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (o) “Flood control” means all development on rivers and streams designed to retard bank erosion, 867 to reduce flooding of adjacent lands, to control or divert stream flow, or to create a reservoir, 868 including but not limited to revetments, dikes, levees, channelization, dams, weirs, flood and tidal 869 gates. Excluded are water pump apparatus. 870 (p) **“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to 871 inundation with a one percent chance of being equaled or exceeded in any given year. The limit of 872 this area shall be based upon flood ordinance regulation maps or a reasonable method which meets 873 the objectives of the Act. 874 (q) “Floodplain management” means a long-term program to reduce flood damages to life and 875 property and to minimize public expenses due to floods through a comprehensive system of 876 planning, development regulations, building standards, structural works, and monitoring and 877 warning systems. 878 (r) “Floodway” means the area of a river valley that conveys flood waters with reasonable regularity, 879 although not necessarily annually. At a minimum, the floodway is that whichthat has been established in 880 Federal Emergency Management Act flood insurance rate maps or Federal Emergency Management 881 Act floodway maps. Other data and information, including topography, changes in soil or vegetation, and 882 other indicators of past flooding, may be used to define and map a floodway that meets the objectives of the 883 Shoreline Management Act, Chapter 90.58 RCW. The floodway shalldoes not include those lands that can 884 reasonably be expected to be protected from 100-year flood waters by flood control devices 885 maintained by or maintained under license from the federal government, the state, or a political 886 subdivision of the state. 887 (s) “Forest land” means all land that is capable of supporting a merchantable stand of timber and is 888 not being actively used, developed, or converted in a manner that is incompatible with timber 889 production. 890 (t) *“Forest management” means forest practices pertaining to protecting, producing, and 891 harvesting timber for economic use. 892 (u) *“Forest practice” means any activity conducted on or directly pertaining to forest land and 893 relating to growing or harvesting of timber, or the processing of timber, including but not limited to: 894 road and trail construction and maintenance; harvest, final and intermediate; precommercial 895 thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of 896 trees; and brush control. 897 (v) *“Forest practice, conversion” means the conversion of land to an active use incompatible with 898 timber growing and where future nonforest uses will be located on currently forested land. 899 (w) *“Frequently flooded areas” means lands subject to a one percent or greater chance of flooding 900 in any given year. 901 (x) “Function assessment” or “functions and values assessment” means a set of procedures, applied 902 by a qualified consultant, to identify the ecological functions being performed in a shoreline or 903 critical area, usually by determining the presence of certain characteristics, and determining how 904 Commented [LG23]: 2007 a Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 26/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. well the area is performing those functions. Function assessments can be qualitative or quantitative 905 and may consider social values potentially provided by an area. Function assessment methods must 906 be consistent with best available science. 907 (7) G Definitions. 908 (a) “Gabions” means works composed of masses of rock, rubble, or masonry tightly enclosed usually 909 by wire mesh so as to form massive blocks. They are used to form walls on beaches to retard wave 910 erosion or as foundations for breakwaters or jetties. 911 (b) “Game fish” means those species of fish that are classified by the Washington Department of 912 Fish and Wildlife as game fish (WAC 232-12-019). 913 (c(c) “Gangplank” means a structure between a pier and float/dock which can adjust its angle based 914 on changes in water elevation, allowing access to the float at all times; also called a gangway. 915 (d) “Genetically modified organism (GMO)” means a plant, animal or microorganism whose genetic 916 material has been manipulated by a molecular biological engineering technique (such as 917 recombinant DNA technology using transgenic or cisgenic methods) resulting in a genetically 918 distinct organism with an altered hereditary pattern of protein production by the chromosomes. 919 Selective breeding, cross breeding, and creation of polyploidy are not included. 920 (de) *“Geologically hazardous areas” means areas that because of their susceptibility to erosion, 921 sliding, earthquake, or other geological events are not suited to the siting of commercial, 922 residential, or industrial development consistent with public health or safety concerns. 923 (ef) “Geologically unstable” means the relative instability of a shoreform or land form for 924 development purposes over the long term or the intended life of any proposed structure. Soil, 925 slope, ground or surface water, other geologic conditions, vegetation and effects of development 926 are common factors that contribute to instability. Areas characterized by banks or bluffs composed 927 of unconsolidated alluvial or glacial deposits (till and drift material), severely fractured bedrock, 928 active and substantial erosion, substantially deformed trees and shrubs, or active or inactive earth 929 slides are likely to be considered geologically unstable. 930 (fg) “Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation that 931 includes a description of the ground and surface hydrology and geology, the affected land form and 932 its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and 933 recommendations regarding the effect of the proposed development on geologic conditions, the 934 adequacy of the site to be developed, the impacts of the proposed development, alternative 935 approaches to the proposed development, and measures to mitigate potential site-specific and 936 cumulative geological and hydrological impacts of the proposed development, including the 937 potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall 938 conform to accepted technical standards and must be prepared by qualified engineers or geologists 939 who are knowledgeable about the regional and local geology. 940 (gh) *“Grade, existing” means the elevation of the ground or site prior to any work being done or 941 any changes being made to the ground or site. 942 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 27/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (hi) *“Grade, finished” means the final elevation of the ground level after development. 943 (ij) “Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of 944 the earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio 945 (vertical to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage (of 946 horizontal distance), or an angle (in degrees). 947 (jk) *“Grading” means stripping, cutting, filling, or stockpiling earth to create new grade. 948 (kl) “Groin” means a wall-like structure extending on an angle waterward from the shore. Its 949 purpose is to build or preserve an accretion shoreform or berm on its updrift side by trapping 950 littoral drift. Groins are relatively narrow in width but vary greatly in length. Groins are sometimes 951 built in series as a system, and may be permeable or impermeable, high or low, and fixed or 952 adjustable. 953 (lm) “Ground water” means all water that exists beneath the land surface or beneath the bed of any 954 stream, lake or reservoir, or other body of surface water within the boundaries of the state, 955 whatever may be the geological formation or structure in which such water stands or flows, 956 percolates or otherwise moves (Chapter 90.44 RCW). 957 (mn) *“Growth Management Act (GMA)” means the State of Washington Growth Management Act, 958 Chapter 36.70A RCW, as amended. 959 (no) ****“Guidelines” means those standards adopted under Chapter 173-26 WAC, as amended, or 960 any successor regulations thereof, that serve as standards for implementation of the policy of 961 Chapter 90.58 RCW for regulations of uses of the shorelines, and that provide criteria to local 962 governments and the Department of Ecology in developing master programs. 963 (8) H Definitions. 964 (a) *“Habitat” means the place or type of site where a plant or animal naturally or normally lives 965 and grows. 966 (b) “Habitat of special significance” means eelgrass beds, kelp beds, rocky reef habitat, geoduck 967 beds, hardshell clam beds, habitat having significant populations of or which are important to the 968 feeding, reproduction or other life stages of Dungeness crabs, herring, lingcod/greenling, true cod, 969 soles and flounders, rock fishes, cabezon and other large sculpins, or sea perch, wildlife refuges and 970 habitats of endangered or threatened species, and other habitat that meets the 1986 971 Recommended Interim Guidelines for Salmon Net -Pen Culture in Puget Sound, as determined on a 972 case-by-case basis in consultation with Washington Department of Fish and Wildlife. See also 973 “Critical habitat.” 974 (c) Hanging Aquaculture. See “Floating aquaculture.” 975 (d) ****“Harbor area” means the area of navigable tidal waters as determined in Section 1 of 976 Article 15 of the Washington State Constitution, which is forever reserved for landings, wharves, 977 streets, and other conveniences of navigation and commerce. Harbor areas exist between the inner 978 and outer harbor lines as established by the state harbor line commission. Harbor areas are 979 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 28/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. managed by the Department of Natural Resources for the conveniences of navigation and 980 commerce (RCW 79.105.060(5)). 981 (e) “Hazard tree” means any tree that presents a risk to persons or property due to a high 982 probability of falling in the near future because of a debilitating disease, a structural defect, a root 983 ball significantly exposed, or having been exposed to windthrow within the past 10 years. 984 Hazardous trees include, but are not limited to, conditions where a permanent, primary structure or 985 appurtenant or accessory structure is within one and one-half tree lengths of the base of the trunk. 986 Where not immediately apparent to the administrator, the hazard tree determination shall be made 987 after review of a report prepared by a certified arborist or forester. 988 (f) “Hazardous area” means any shoreline area which is hazardous for intensive human use or 989 structural development due to inherent and/or predictable physical conditions; such as but not 990 limited to geologically hazardous areas, frequently flooded areas, and coastal high hazard areas. 991 (g) “Hazardous materials” means any substance containing such elements or compounds which 992 when discharged in any quantity in shorelines present an imminent and/or substantial danger to 993 public health or welfare; including, but not limited to: fish, shellfish, wildlife, water quality, and 994 other shoreline features and property. 995 (h) *“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and regulated as 996 hazardous waste by the United States Environmental Protection Agency. 997 (i) “Hearings Board” means the State Shorelines Hearings Board referenced in RCW 90.58.170. 998 (j) *“Height, building” means the vertical distance from grade plane to the average height of the 999 highest roof surface (cf., International Building Code). 1000 (k) ****“Historic” means having considerable importance or influence in history; historical. 1001 (l) “Historic preservation professionals” means those individuals who hold a graduate degree in 1002 architectural history, art history, historic preservation, or closely related field, with coursework in 1003 American architectural history, or a bachelor’s degree in architectural history, art history, historic 1004 preservation or closely related field plus one of the following: 1005 (i) At least two years of full-time experience in research, writing, or teaching in American 1006 architectural history or restoration architecture with an academic institution, historical 1007 organization or agency, museum, or other professional institution; or 1008 (ii) Substantial contribution through research and publication to the body of scholarly 1009 knowledge in the field of American architectural history. 1010 (m) *“Historic site, structure or landmark” means a site, structure or building of outstanding 1011 archaeological, historical or cultural significance. This is shown by its designation as such by the 1012 National or Washington State Register of Historic Places, designation as an historic landmark, or any 1013 such structure or feature for which the State Historic Preservation Officer has made a 1014 determination of significance pursuant to Section 106 of the National Historic Preservation Act. 1015 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 29/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (n) *“Hotel” (or “lodge”) means a commercial building in which lodging is provided and offered to 1016 the public for compensation, and which is open to transient guests, and is not a motel or bed and 1017 breakfast inn. 1018 (o) *“Household” means one or more related or unrelated persons occupying a dwelling unit. 1019 (p) “Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and 1020 Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. 1021 (9) I Definitions. 1022 (a) *“Illegal use” means any use of land or a structure which is inconsistent with current codes 1023 and/or was inconsistent with previous codes in effect when the use or structure was established. An 1024 illegal use is different than a nonconforming use. (See also “Nonconforming.”) 1025 (b) “Impervious surface” means a hard surface area that either prevents or retards the entry of 1026 water into the soil mantle. Common impervious surfaces include, but are not limited to, roof tops, 1027 walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, 1028 packed earthen materials, and other surfaces. Open, uncovered retention/detention facilities shall 1029 not be considered impervious surfaces for purposes of this program. Open, uncovered 1030 retention/detention facilities shall be considered impervious surfaces for purposes of runoff 1031 modeling. 1032 (c(c) “Important, Sensitive and Unique Areas (ISUs)” means specific areas in state waters that meet 1033 one or more of the following criteria: 1034 (i) Areas that are environmentally sensitive or contain unique or sensitive species or 1035 biological communities that must be conserved and warrant protective measures [RCW 1036 43.372.040(6)(c)]. 1037 (ii) Areas with known sensitivity and where the best available science indicates the potential 1038 for offshore development to cause irreparable harm to the habitats, species, or cultural 1039 resources. 1040 (iii) Areas with features that have limited, fixed and known occurrence. 1041 (iv) Areas with inherent risk or infrastructure (e.g. buoys or cables) that are incompatible 1042 with new ocean uses. 1043 (d) *“Incidental” means subordinate to, minor in significance, and bearing a reasonable relationship 1044 with the primary use. 1045 (de) *“Incompatible” means uses and activities that are not compatible. 1046 (ef) “Industrial development” means facilities for processing, manufacturing, and storage of finished 1047 or semi-finished goods, including but not limited to oil, metal or mineral product refining, power 1048 generating facilities, including hydropower, ship building and major repair, storage and repair of 1049 large trucks and other large vehicles or heavy equipment, related storage of fuels, commercial 1050 storage and repair of fishing gear, warehousing construction contractors’ offices and 1051 material/equipment storage yards, wholesale trade or storage, and log storage on land or water, 1052 Commented [LG24]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 30/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. together with necessary accessory uses such as parking, loading, and waste storage and treatment. 1053 Excluded from this definition are mining including on-site processing of raw materials, and off-site 1054 utility, solid waste, road or railway development, and methane digesters that are accessory to an 1055 agricultural use. 1056 (fg) “Industrial pier” means a fixed platform structure supported by piles in a water body that abuts 1057 the shore to provide access to or moorage of vessels or watercraft for industrial purposes, such as, 1058 but not limited to, mining, processing raw materials, manufacturing products from natural 1059 resources, and operations that include hazardous substances. 1060 (gh) ****“Industry” means the production, processing, manufacturing, or fabrication of goods or 1061 materials. Warehousing and storage of materials or production is considered part of the industrial 1062 process. 1063 (hi) *“Infiltration” means the downward entry of water into the immediate surface of soil. 1064 (ij) “Infrastructure” means existing installed facilities and services including capital facilities such as 1065 water supply, sewage disposal, and storm drainage systems, and transportation facilities such as 1066 public roads. 1067 (jk) ****“Inner harbor line” means a line located and established in navigable tidal waters between 1068 the line of ordinary high water and the outer harbor line, constituting the inner boundary of the 1069 harbor area. 1070 (.(k) ****“In-stream structure” means a human-made structure placed within a stream or river 1071 waterward of the ordinary high water mark that either causes or has the potential to cause water 1072 impoundment, or the diversion, obstruction, or modification of water flow. In-stream structures 1073 may include those for hydroelectric generation, irrigation, water supply, flood control, 1074 transportation, utility service, transmission, fisheries enhancement, or other purposes. 1075 (l) *“Intensification of nonconforming use” means any increase or expansion in the quality or 1076 quantity of products, goods, services, structures or adverse impacts upon parcels within the vicinity 1077 of the nonconforming use produced, generated, served, created or performed at the site of the 1078 legal nonconforming use by the owner or occupant of that legal nonconforming use. 1079 (m) *“Intensive” means highly concentrated, very large, or considerable, in terms of Jefferson 1080 County standards and environment. 1081 (n) *“International Building Code (IBC)” means the building code officially adopted by Jefferson 1082 County. 1083 (o) ****“Intertidal” means the area waterward of the ordinary high water mark and landward of 1084 the line of extreme low tide. 1085 (p) “Invasive species” means a species that is (i) nonnative (or alien) to Jefferson County and (ii) 1086 whose introduction causes or is likely to cause economic or environmental harm or harm to human 1087 health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions 1088 are the primary means of invasive species introductions. Includes noxious weeds that, when 1089 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 31/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. established, are highly destructive, competitive, or difficult to control by cultural or chemical 1090 practices, as per RCW 17.10.010. 1091 (q) “In-water finfish aquaculture” means the farming or culture of vertebrate or cartilaginous food 1092 fish for market sale when raised in facilities located waterward of the ordinary high water mark in 1093 freshwater or saltwater water bodies, in either open-flow or contained systems. This includes net 1094 pens, sea cages, bag cages and similar floating/hanging containment structures and is intended to 1095 reflect the definition of “marine finfish rearing facilities” (RCW 90.48.220), but does not include 1096 temporary restoration/enhancement facilities used expressly to improve populations of native 1097 stocks and that meet the definition of “watershed restoration project” per RCW 89.08.460. 1098 (r) ****“Island” means a land mass completely surrounded by water. 1099 (10) J Definitions. 1100 (a) ****“Jetty” means a structure generally perpendicular to the shore, extending through or past 1101 the intertidal zone. Jetties are built singly or in pairs at a harbor entrance or river mouth mainly to 1102 prevent accretion from littoral drift in an entrance channel. Jetties also serve to protect channels 1103 from storm waves or cross currents and to stabilize inlets through barrier beaches. Most jetties are 1104 of rip-rapped mound construction. 1105 (b) Joint Use Dock. See “Community dock.” 1106 (b) “Joint use dock/pier/float” means a shared-use private boating facility composed of dock, pier, 1107 and/or float components established as an accessory structure for use by at least two (2) and no 1108 more than four (4) single-family residences, including adjacent waterfront and/or upland 1109 lots/parcels. A shared-use private boating facility that also provides related goods/services is 1110 considered a marina. See also “Community dock/pier/float” and “Shared use.” 1111 (11) No K definitions. 1112 (12) L Definitions. 1113 (a) “Lake” means a body of standing water in a depression of land or expanded part of a stream, of 1114 20 acres or greater in total area. A lake is bounded by the OHWM, or where a stream enters the 1115 lake, the extension of the lake’s OHWM within the stream. A lake is generally distinguished from 1116 marshes, bogs, and swamps by its greater depth. 1117 (b) “Land disturbing activity” means any activity that results in movement of earth, or a change in 1118 the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land 1119 disturbing activities include, but are not limited to, clearing, grading, filling, compaction, and 1120 excavation. 1121 (c) Landfill. See “Filling.” 1122 (d) “Landslide” means a general term covering a wide variety of mass movement landforms and 1123 processes involving the downslope transport, under gravitational influence, of soil and rock material 1124 Commented [AS25]: 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 [AS26R25]: Additional edits to definition made per Ecology recommendation 2 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 32/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, 1125 rock slides, and rock falls. 1126 (e) *“Landslide hazard” areas means areas potentially subject to risk of mass movement due to a 1127 combination of geologic, topographic, and hydrologic factors. 1128 (f) *“Landward” means to or toward the land. 1129 (g(g) “Lateral” means of, at, toward, or from the side. Lateral expansion of a non-conforming 1130 structure is parallel to the ordinary high water mark (OHWM). 1131 (h) “Levee” means a natural or artificial embankment on the bank of a river or stream for the 1132 purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on 1133 their sides. 1134 (hi) “Liberal construction” means that the interpretation of this document shall not only be based 1135 on the actual words and phrases used in it, but also by taking its deemed or stated purpose into 1136 account. 1137 (i(j) Lift. See “Boat lift.” 1138 (k) “Live-aboard” means a seaworthy vessel that was designed primarily for navigation but is used 1139 as a residence. A boat or other floating structure is a residence if it is occupied 30 out of 45 days or 1140 90 out of 365 days while moored or anchored in the same area, or if the local government, the 1141 marina, or the occupant of the boat defines it as a residence. The phrase “in the same area” means 1142 within a radius of one mile of any location where the same vessel previously moored or anchored. A 1143 vessel that is occupied and is moored or anchored in the same area, but not for the number of days 1144 described in this subsection, is considered a recreational or transient vessel (WAC 332-30-106). 1145 (jl) “Log storage” means the water storage of logs in rafts or otherwise prepared for shipment in 1146 water-borne commerce, but does not include the temporary holding of logs to be taken directly into 1147 a vessel or processing facility (RCW 79.105.060(10)). 1148 (km) *“Logging” means activities related to and conducted for purposes of harvesting or processing 1149 timber. See also “Forest practices.” 1150 (ln) *“Long-term commercial significance” means lands with the growing capacity, productivity, soil 1151 composition, and economic viability for long-term agricultural, mineral or silvicultural production. 1152 (mo) *“Lot” means a designated tract, parcel or area of land established by plat, subdivision, or as 1153 otherwise permitted by law, to be separately owned, and utilized. The area below the ordinary high 1154 water mark may not be considered a part of the lot area for all purposes. 1155 (np) *“Lot of record” means an undeveloped lot, tract or parcel of land shown on an officially 1156 recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of 1157 property and described by platted lot number or by metes and bounds and lawfully established for 1158 conveyancing purposes on the date of recording of the instrument first referencing the lot. The 1159 term lot of record does not imply that the lot was created in conformity with the legal regulatory 1160 Commented [LG27]: Staff Docket/Code Interpretations (18.25.100 Lateral) Commented [LG28]: Response to ECY Rec-4 Commented [LG29]: Response to Comment: 12.2. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 33/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. requirements for subdivision of property in accordance with Chapter 58.17 RCW or Chapter 18.35 1161 JCC. 1162 (oq) “Low intensity land use” means a land use that has limited impact upon the land, resources and 1163 adjoining properties in terms of the scale of development, and frequency, amount, or concentration 1164 of use. Low intensity uses are mostly passive uses that do not substantially consume resources or 1165 leave noticeable or lasting adverse effects. 1166 (13) M Definitions. 1167 (a) “Maintenance and repair” means work required to keep existing improvements in their existing 1168 operational state. This does not include any modification that changes the character, scope, or size 1169 of the original structure, facility, utility or improved area. 1170 (b) “Marina” means a wet moorage and/or dry storage facility for multiple pleasure crafts and/or 1171 commercial crafts where goods or services related to boating may be sold commercially. Launching 1172 facilities and covered moorage may also be included. Marinas may be open to the general public or 1173 restricted on the basis of property ownership or membership. 1174 (c(c) The Marine Spatial Plan for Washington’s Pacific Coast (MSP) is a planning document designed 1175 to address new ocean use development off Washington’s Pacific coast that had not been previously 1176 permitted or approved prior to the adoption of the plan in June 2018. The MSP uses a series of data, 1177 maps, and analyses in combination with a management framework to evaluate potential impacts 1178 from new ocean use projects on existing uses and resources, based on the principles and criteria 1179 outlined in the Ocean Resources Management Act (ORMA) [RCW 43.143.030(2)] and the Ocean 1180 Management Guidelines [WAC 173-26-360]. It applies a coordinated decision-making process 1181 between various governments, tribes, and stakeholders, and includes additional siting 1182 recommendations and fisheries protection standards. These principles have been incorporated into 1183 this SMP. See Ecology Publication No. 17-06-027, Revised June 2018 1184 (https://fortress.wa.gov/ecy/publications/documents/1706027.pdf and https://msp.wa.gov/) 1185 (d) “Marine trades” include a variety of sectors including ship and boat 1186 building/maintenance/repair, passenger ship/ charter ship activities, fishing and seafood 1187 processing, marina and recreational boating, and maritime education and training. 1188 (e) “Mass wasting” means downslope movement of soil and rock material by gravity. This includes 1189 soil creep, erosion, and various types of landslides, not including bed load associated with natural 1190 stream sediment transport dynamics. 1191 (df) *“Master planned resort (MPR)” means a self-contained and fully integrated planned unit 1192 development in a setting of significant natural amenities, with primary focus on destination resort 1193 facilities consisting of short-term visitor accommodations associated with a range of on-site indoor 1194 or outdoor recreational facilities. A master planned resort may include other residential uses within 1195 its boundaries, but only if the residential uses are integrated into and support the on-site 1196 recreational nature of the resort (cf., RCW 36.70A.360). 1197 (eg) “May” means the action is allowable, provided it conforms to the provisions of this program. 1198 Commented [LG30]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG31]: Task Force Scoping Item D Commented [LG32R31]: Term is used elsewhere in SMP amendments. See checklist, added source link: http://ptmta.org/wp/wp-content/uploads/2018/05/2018- Jefferson-County-Marine-Trades-Impact-Report.pdf. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 34/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (fh) “Mean annual flow” means the average flow of a river or stream (measured in cubic feet per 1199 second) from measurements taken throughout the year. If available, flow data for the previous 10 1200 years should be used in determining mean annual flow. 1201 (gi) “Minerals” means clay, coal, gravel, industrial minerals, metallic substances, peat, sand, stone, 1202 topsoil, and any other similar solid material or substance to be excavated from natural deposits on 1203 or in the earth for commercial, industrial, or construction use. 1204 (hj) (i) “Mining” or “mining operations” means, in accordance with RCW 78.44.031, all mine-related 1205 activities, exclusive of reclamation, that include, but are not limited to activities that affect noise 1206 generation, air quality, surface and ground water quality, quantity, and flow, glare, pollution, traffic 1207 safety, ground vibrations, and/or significant or substantial impacts commonly regulated under land 1208 use provisions. Mining specifically includes: 1209 (A) Extraction of rock, stone, gravel, sand, earth, and other minerals; 1210 (B) Blasting, equipment maintenance, sorting, crushing, and loading; 1211 (C) On-site mineral processing including asphalt or concrete batching, concrete recycling, 1212 and other aggregate recycling; and 1213 (D) All methods of transporting minerals to and from the mine (including conveyors, piers, 1214 and barges), on-site road maintenance, maintenance of roads used extensively for surface 1215 mining activities, traffic safety, and traffic control. 1216 (ii) Mining shall not include the following: 1217 (A) Excavation and grading at building construction sites where such construction is 1218 authorized by a valid building permit; or 1219 (B) Excavation and grading in public rights-of-way for the purpose of on-site road 1220 construction, or in private rights-of-way for the same purpose if authorized by the county; 1221 or 1222 (C) Excavation and grading for the purpose of developing ponds or manure lagoons for 1223 agricultural purposes; or 1224 (D) Excavation and grading in connection with and at the site of any creek, river, or flood-1225 control or storm drainage channel for the purpose of enlarging hydraulic capacity or 1226 changing the location or constructing a new channel or storm drain where such work has 1227 been approved by the county; or 1228 (E) Excavation and grading where the excavated material will be used on the same property 1229 or on property contiguous to and under the same ownership as the excavation. 1230 (ik) *“Mitigation” means measures prescribed and implemented to avoid, minimize, lessen, or 1231 compensate for adverse impacts. Explicit in this definition is the following order of preference: 1232 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 35/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Avoiding an impact altogether by not taking a certain action or parts of actions; 1233 (ii) Minimizing impacts by limiting the degree or magnitude of an action and its 1234 implementation; 1235 (iii) Rectifying impacts by repairing, rehabilitating, or restoring the affected environment; 1236 (iv) Reducing or eliminating an impact over time by preservation and maintenance operations 1237 during the life of the action; 1238 (v) Compensating for an impact by replacing or providing substitute resources or environments; 1239 and 1240 (vi) Monitoring the mitigation and taking remedial action when necessary. 1241 (jl) “Mitigation bank” means a site where wetlands or similar habitats are restored, created, 1242 enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing 1243 compensatory mitigation in advance of authorized impacts to aquatic resources. 1244 (km) “Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse 1245 impacts to shorelines and/or critical areas. 1246 (ln) “Mixed use” means a combination of uses within the same building or site as a part of an 1247 integrated development project with functional interrelationships and coherent physical design. 1248 (mo) *“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to the standards 1249 other than the HUD Code, and acceptable under applicable state codes in effect at the time of 1250 construction or introduction of the home into the state. Mobile homes have not been built since 1251 the introduction of the HUD Manufactured Home Construction and Safety Standards Act. See also 1252 “Manufactured home” in Chapter 18.10 JCC. 1253 (np) *“Mobile home park” means a development with two or more improved pads or spaces with 1254 required improvements and utilities designed to accommodate mobile homes, according to RCW 1255 59.20.030(4). 1256 (oq) “Monitoring” means evaluating the effects of a development action on the biological, 1257 hydrological, pedological, and geological elements of natural systems and/or assessing the 1258 performance of required mitigation measures through data collection, analysis and reporting. 1259 (pr) ****“Mooring buoy” means an anchored floating device in a water body used for the landing or 1260 storage of a vessel or water craft. 1261 (qs) *“Motel” means a commercial building or group of buildings in which lodging is provided to 1262 transient guests, offered to the public for compensation, and in which access to and from each 1263 room or unit is through an exterior door. 1264 (rt) *“Motor home” means a motor vehicle originally designed, reconstructed, or permanently 1265 altered to provide facilities for human habitation, which include lodging, cooking, and sewage 1266 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 36/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or similar 1267 unit constructed separately and affixed to a motor vehicle (RCW 46.04.305). 1268 (su) ***“Must” means a mandate; the action is required. 1269 (tv) “Multifamily dwelling” means a single building, or portion thereof, designed for or occupied by 1270 three or more families living independently of each other in separate dwelling units on one lot of 1271 record and, for the purpose of this program, includes triplexes, fourplexes, apartment buildings, and 1272 residential condominiums. 1273 (14) N Definitions. 1274 (a) *“National Register of Historic Places” means the official federal list, established by the National 1275 Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the 1276 nation’s history and prehistory, or whose artistic or architectural value is unique. 1277 (b) *“Native vegetation” means plant species that are indigenous to Jefferson County. 1278 (c) “Nearshore” means the estuarine delta/marine shoreline and areas of shallow water from the 1279 top of the coastal bank or bluffs to the water at a depth of about 10 meters relative to mean lower 1280 low water. 1281 (d) “Net pens” are finfish culturing systems that generally consist of two nets – an interior net to 1282 keep fish in and an exterior net to exclude predators. Net pens are typically anchored to the 1283 waterbody floor and suspended from the surface with a floatation structure; the netting continues 1284 above the water to a degree to stop fish from jumping out. Fish pen structures solely and directly 1285 established and managed for purposes of salmon enhancement and/or restoration are not 1286 considered net pens for purposes of this program. 1287 (e) “No net loss (NNL)” means the maintenance of the aggregate total of the county shoreline 1288 ecological functions over time. The no net loss standard contained in WAC 173-26-186 requires that 1289 the impacts of shoreline use and/or development, whether permitted or exempt from permit 1290 requirements, be identified and mitigated such that there are no resulting adverse impacts on 1291 ecological functions or processes. 1292 (f) *“Noise” means any sound not occurring in the natural environment which causes or tends to 1293 cause an adverse psychological or physiological effect on humans. This includes sounds arising from 1294 the amplification of noises generated by expected or permitted uses of a lot or structure. 1295 (g) “Nonconforming” means a use or development which conformed to the applicable codes in 1296 effect on the date of its creation but which no longer complies because of changes in code 1297 requirements. Nonconformity is different than and not to be confused with illegality (see “Illegal 1298 use”). 1299 (h) “Nonconforming lot” means a legal lot of record in existence prior to the effective date of this 1300 program and any amendments thereto, on which it is not possible to construct a primary structure 1301 outside of/landward of the standard shoreline buffer or which does not otherwise meet the minimumdue 1302 to insufficient lot size requirements as set forth in this program.depth or width. Depth of lot is measured 1303 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 37/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. as the distance from ordinary high water mark to the inside edgefarthest landward property line. 1304 Where the side property lines are not equal in length, lot depth is calculated as the mean of the 1305 frontage setback. those two distances. A non-conforming depth is equal to the sum of: 1306 (i) Standard shoreline buffer per JCC 18.25.270(4)(d) 1307 (ii) Shoreline building setback per JCC 18.25.300(b) 1308 (iii) Common house depth, 40 feet1 1309 (iv) Frontage setback, per JCC 18.30.050, Table 6-1. 1310 An example is: standard marine shoreline buffer 150 feet = shoreline building setback 10 feet + 1311 common house depth 40 feet + frontage setback 20 feet = 220 feet. 1312 (i) *“Nonconforming structure” means a structure which does not conform to the dimensional 1313 regulations of this program, including but not limited to setback, buffer, height, lot coverage, 1314 density, and building configuration. 1315 (j) *“Nonconsumptive use” means a use which does not permanently deplete, degrade, or destroy 1316 the resource involved. 1317 (15) O Definitions. 1318 (a(a) “Ocean disposal uses” means the deliberate deposition or release of material at sea, such as 1319 solid wastes, industrial waste, radioactive waste, incineration, incinerator residue, dredged 1320 materials, vessels, aircraft, ordinance, platforms, or other man-made structures. 1321 (b) “Ocean energy production uses” means the production of energy in a usable form directly in or 1322 on the ocean rather than extracting a raw material that is transported elsewhere to produce 1323 energy in a readily usable form. Examples of these ocean uses are facilities that use wind, wave 1324 action or differences in water temperature to generate electricity. 1325 (c) “Ocean oil and gas uses and activities” involve the extraction of and exploration for oil and gas 1326 resources from beneath the ocean. 1327 (d) “Ocean mining” means such uses as the mining of metal, mineral, sand, and gravel resources 1328 from the sea floor. 1329 (e) “Ocean research activities” means scientific investigation for the purpose of furthering 1330 knowledge and understanding. Investigation activities involving necessary and functionally related 1331 1 Note: Forty feet is based on an assumed depth of a home with a living room, bathroom, and bedroom. It is a little less than what a maximum might be if matching a dimension associated with the maximum buildable area of 2,500 square feet that is 50x50. Commented [LG33]: Response to Comment 12.3. Commented [LG34]: Staff Docket/Code Interpretations and Code Interpretation #3 Commented [LG35]: Response to ECY Rec-5 Commented [LG36]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG37]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG38]: Response to ECY REQ-3. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 38/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. precursor activities to an ocean use or development may be considered exploration or part of the 1332 use or development. 1333 (f) “Ocean salvage uses” share characteristics of other ocean uses and involve relatively small sites 1334 occurring intermittently. Historic shipwreck salvage which combines aspects of recreation, 1335 exploration, research, and mining is an example of such a use. 1336 (g) “Ocean transportation” means such uses as: Shipping, transferring between vessels, and 1337 offshore storage of oil and gas; transport of other goods and commodities; and offshore ports and 1338 airports. 1339 (h) “Ocean use, new” means uses and developments that have not occurred or were not permitted 1340 within Washington’s Coastal waters prior to the completion of the Marine Spatial Plan for 1341 Washington’s Pacific Coast, as adopted June 2018. New uses, as defined by the MSP, are in-water 1342 uses, with potential adverse impacts to renewable resources or existing uses that have not been 1343 previously reviewed or authorized/permitted within the MSP study area. The MSP anticipates new 1344 ocean use proposals for activities such as renewable energy, dredged material disposal, mining, 1345 marine product harvesting, and offshore aquaculture operations. 1346 (i) “Ocean uses” mean activities or developments involving renewable and/or nonrenewable 1347 resources that occur on Washington's coastal waters and includes their associated off shore, near 1348 shore, inland marine, shoreland, and upland facilities and the supply, service, and distribution 1349 activities, such as crew ships, circulating to and between the activities and developments. Ocean 1350 uses involving nonrenewable resources include such activities as extraction of oil, gas and minerals, 1351 energy production, disposal of waste products, and salvage. Ocean uses which generally involve 1352 sustainable use of renewable resources include commercial, recreational, and tribal fishing, 1353 aquaculture, recreation, shellfish harvesting, and pleasure craft activity. 1354 (j) “Off-premises sign” means a sign situated on premises other than those premises to which the 1355 sign’s message is related. 1356 (bk) ****“Offshore” means the sloping subtidal area seaward from the low intertidal. 1357 (cl) “Off-site mitigation” means to replace shoreline resources at a location away from the site that 1358 is impacted by development. 1359 (dm) “On-premises sign” means a sign situated on the premises to which the sign’s message is 1360 related. 1361 (en) *“On-site waste disposal” means any one of several means for disposal of sanitary waste on the 1362 property from which it is generated (e.g., septic tank and drainfield). 1363 (fo) *“Open record hearing” means a hearing, conducted by a single hearing body or officer that 1364 creates the record through testimony and submission of evidence and information, under 1365 procedures prescribed by ordinance or resolution. An open record hearing may be held prior to the 1366 decision on a project permit and is to be known as an open record predecision hearing. An open 1367 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 Commented [LG41]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG42]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG43]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 39/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. record hearing may be held on an appeal, and is to be known as an open record appeal hearing, if 1368 no open record predecision hearing has been held on the project permit. 1369 (gp) *“Open space” means lands committed to farming and forestry uses and any parcel, lot, or area 1370 of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public 1371 or private use or enjoyment. 1372 (hq) *“Open space tax program” means a county program associated with property taxation. Land 1373 being used for agriculture may be enrolled in the tax program through the county assessor. The tax 1374 program is independent of land use designation (i.e., zoning) and these development regulations, 1375 except in the context of identifying existing and ongoing agriculture, as defined and regulated in this 1376 program. 1377 (ir) *“Operator” means any person who is in actual physical or electronic control of a powered 1378 watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine driven vehicle. 1379 (js) ***“Ordinary high water mark” or “OHWM” means that mark that will be found by examining 1380 the bed and banks and ascertaining where the presence and action of waters are so common and 1381 usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from 1382 that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it 1383 may naturally change thereafter, or as it may change hereafter in accordance with permits issued 1384 by Jefferson County or the Department of Ecology. On a site-specific basis, Department of Ecology 1385 has the final authority on determining where the ordinary high water mark is located (RCW 1386 90.58.030). 1387 (kt) ****“Outer harbor line” means a line located and established in navigable waters as provided in 1388 Section 1 of Article 15 of the Washington State Constitution, beyond which the state shall never sell 1389 or lease any rights whatsoever to private persons. 1390 (lu) *“Owner” means an individual, firm, business entity, trust, association, syndicate, partnership, 1391 or corporation having sufficient property interest to seek development of land. 1392 (mv) *“Owner-occupied” means the residential occupancy of a building or property by the owner. 1393 (16) P Definitions. 1394 (a) *“Park” means a tract of land designated for and used by the public for recreation. 1395 (b) *“Parking lot” means an off-street, ground level open area, usually improved, for the temporary 1396 storage of motor vehicles. This includes ancillary components to the parking lot such as lighting, 1397 signage, electric vehicle charging stations, bike racks/lockers, and passenger loading areas/seating. 1398 “Primary use parking” means parking as a primary use; “accessory parking” is parking that supports 1399 a specific authorized shoreline use or development. 1400 (c) *“Parties of record” means the land use permit applicant; persons who have testified at the 1401 open record hearing; and any persons who have submitted written comments concerning the 1402 application that form part of the public record (excluding persons who only signed petitions or 1403 mechanically produced form letters). 1404 Commented [LG44]: Response to Comment: 14. Commented [LG45]: Response to ECY Rec-6 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 40/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) *“Performance standard” means a set of criteria or limits relating to certain characteristics that 1405 a particular use or process may not exceed. 1406 (e) *“Permit center” means the Jefferson County department of community development. 1407 (f) *“Permit review” means the process of reviewing applications for project permits for consistency 1408 with the requirements of this program. 1409 (g) *“Permittee” means the entity to whom a permit is granted. 1410 (h) *“Person” means any individual, owner, contractor, tenant, partnership, corporation, business 1411 entity, association, organization, cooperative, public or municipal corporation, agency of a state or 1412 local governmental unit however designated, public or private institution, or an employee or agent 1413 of any of the foregoing entities. 1414 (i) *“Pervious surface” means a surface that absorbs water. 1415 (j) “Pier” means a fixed platform structure supported by piles in a water body that abuts the shore 1416 to provide landing for water-dependent recreation or moorage for vessels or watercraft and does 1417 not include above water storage. 1418 (k) *“Planned rural residential development (PRRD)” means development characterized by a unified 1419 site design, clustered residential units, and areas of common open space pursuant to Article VI-M of 1420 Chapter 18.15 JCC. 1421 (l) *“Planning department” means the Jefferson County department of community development. 1422 (m) *“Plat” means a map or representation of a subdivision or short subdivision of land showing the 1423 division of a parcel of land into lots, roads, dedications, common areas, restrictions and easements, 1424 as regulated by Chapter 58.17 RCW and this program. 1425 (n) *“Playing field” means a land area designed and used for outdoor games, such as baseball, 1426 football, soccer, track events and tennis. It includes public outdoor swimming pools. 1427 (o) “Port” means a legal entity established for purposes of acquiring, constructing, maintaining, 1428 operating, developing and regulating harbor improvements, rail or motor vehicle transfer and 1429 terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, or any 1430 combination of such transfer and terminal facilities, and other commercial transportation, transfer, 1431 handling, storage and terminal facilities, and industrial improvements. 1432 (p) *“Predecision hearing, open record” means a hearing, conducted by the hearing examiner, that 1433 creates the county’s record through testimony and submittal of evidence and information, under 1434 procedures prescribed by the county by ordinance or resolution. An open record predecision 1435 hearing may be held prior to the county’s decision on a project permit (RCW 36.70B.020). 1436 (q) *“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing 1437 the general layout of streets, lots, blocks (if applicable) and other elements of a subdivision 1438 consistent with the provisions of this program. 1439 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 41/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (r) “Preservation” means actions taken to ensure the permanent protection of existing, ecologically 1440 important areas that the county has deemed worthy of long-term protection. 1441 (s) “Primary association” means the use of a habitat area by a listed or priority species for 1442 breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a 1443 frequent and/or regular basis during the appropriate season(s) as well as habitats that are used less 1444 frequently/regularly but which provide for essential life cycle functions such as 1445 breeding/nesting/spawning. 1446 (t) *“Primary use” means the principal use of a property. 1447 (u) “Priority habitat” means a habitat type with unique or significant value to one or more species. 1448 An area classified and mapped as priority habitat must have one or more of the following attributes: 1449 comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish 1450 spawning habitat; important fish and wildlife breeding habitat; important fish or wildlife seasonal 1451 range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited 1452 availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A 1453 priority habitat may be described by a unique vegetation type or by a dominant plant species that is 1454 of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority 1455 habitat may also be described by a successional stage (such as old growth and mature forests). 1456 Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, 1457 snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority 1458 fish and wildlife (WAC 173-26-020(24)). 1459 (v) “Priority species” means wildlife species of concern due to their population status and their 1460 sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife. 1461 (w) *“Prohibited use” means any use or activity which is specifically not allowed by this program. A 1462 prohibited use cannot be authorized through a variance or conditional use permit. 1463 (x) “Project” means any proposed or existing activity regulated by Jefferson County. 1464 (y) ****“Project area” means all areas at and around a proposed shoreline development that would 1465 be affected directly or indirectly by the proposal for which a project proponent is seeking approval 1466 under this master program, and not simply the immediate area involved in the project. That is, the 1467 project area may consist of an area larger than the affected lot or parcel. Direct effects are those 1468 caused by the proposed project and occur at the same time and place. Indirect effects are those 1469 caused by the proposed project and are later in time, but still are reasonably certain to occur. The 1470 shoreline administrator is vested with the authority to define the project area. 1471 (z) *“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title 1472 insurance policy insuring the status of an applicant as the owner in fee title to real property. 1473 (aa) “Proponent” means the owner, sponsor, authorized agent and/or permit applicant of any 1474 proposed use or development on or affecting shorelines of the state. 1475 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 42/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (bb) *“Provision” means any written language contained in this program, including without 1476 limitation any definition, policy, goal, regulation, requirement, standard, authorization, or 1477 prohibition. 1478 (cc) “Pruning” means the removal of any of a tree’s living branches. 1479 (dd) “Public access” is a goal of the Shoreline Management Act that supports the public’s right to 1480 get to, view and use the state’s public waters, both saltwater and freshwater, the water/land 1481 interface and associated shoreline area. It includes physical access that is either lateral (areas 1482 paralleling the shore) or perpendicular (an easement or public corridor to the shore), and/or visual 1483 access facilitated by scenic roads and overlooks, viewing towers and other public sites or facilities. 1484 Public access can be established by easement or other means and may not always include a facility 1485 or structure. Public access is intended to connect people to public lands and waters, not to allow 1486 trespassing on private property. 1487 (ee) *“Public facilities (and services)” means facilities which serve the general public including 1488 streets, roads, ferries, sidewalks, street and road lighting systems, traffic signals, community water 1489 systems, community sewage treatment systems, storm sewer systems, parks and recreational 1490 facilities, and libraries (see RCW 36.70A.030). Some public facilities are essential public facilities. 1491 (ff) “Public interest” means the interest shared by the citizens of the state or community at large in 1492 the affairs of government, or some interest by which their rights or liabilities are affected including, 1493 but not limited to, an effect on public property or on health, safety, or general welfare resulting 1494 from adverse effects of a use or development. 1495 (gg) *“Public transportation systems” means public facilities for air, water, or land transportation. 1496 (hh) “Public use” means the use of any land, water, or building by a public agency for the general 1497 public, or by the public itself. 1498 (ii) “Public utility” means a use owned or operated by a public or publicly licensed or franchised 1499 agency that provides essential public services such as telephone exchanges, electric substations, 1500 radio and television stations, wireless communications services, gas and water regulation stations 1501 and other facilities of this nature. 1502 (17) Q Definitions. 1503 (a) “Qualified professional” or “qualified consultant” means a person with experience and training 1504 with expertise appropriate for the relevant subject. A qualified professional/consultant must have 1505 obtained a B.S. or B.A. degree or have appropriate education and experience. 1506 (b) “Qualified geotechnical engineer” means a professional engineering geologist or geotechnical 1507 engineer, licensed in the state of Washington. 1508 (18) R Definitions. 1509 (a) *“Rare, endangered, threatened and sensitive species” means plant and animal species 1510 identified and listed by the Washington State Department of Natural Resources, Washington 1511 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 43/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S. Fish and 1512 Wildlife Service, as being severely limited or threatened with extinction within their native ranges. 1513 (b) *“RCW” means the Revised Code of Washington. 1514 (c) “Reach” means a section of shoreline and associated planning area that is mapped and described 1515 as a unit due to relatively homogenous characteristics that include land use and/or natural features, 1516 such as a drift cell location and other factors. 1517 (d) “Reasonably foreseeable,” in the context of this program and the Comprehensive Plan, means 1518 predictable by an average person based on existing conditions, anticipated build-out, and 1519 approved/pending permits. 1520 (e) “Recharge” means the process involved in the absorption and addition of water from the 1521 unsaturated zone to ground water. 1522 (f) “Reclamation” means, in accordance with RCW 78.44.031, rehabilitation for the appropriate 1523 future use of disturbed areas resulting from surface mining. 1524 (g) *“Recording” means the filing of a document(s) for recordation with the county auditor. 1525 (h) *“Recreational development” means parks and facilities for camping, indoor and outdoor sports, 1526 and similar developments. 1527 (i) “Recreation, shoreline” means a private, commercial, or public activity intended for personal 1528 enjoyment and leisure. Most shoreline recreation occurs outdoors and can be either passive (such 1529 as observation or recording activities such as photography, painting, bird watching, viewing of water 1530 conditions or shoreline features, nature study and related activities) or active (such as: fishing, 1531 clamming, hunting, beach combing, rock climbing; boating, swimming, hiking, bicycling, horseback 1532 riding, camping, picnicking, and similar activities). Existing rules for health, safety and public 1533 conduct are not exempted by an action being deemed recreational. 1534 (j) “Reestablishment” means measures taken to intentionally restore an altered or damaged natural 1535 feature or process including: 1536 (i) Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their 1537 buffers to the functioning condition that existed prior to an unauthorized alteration; 1538 (ii) Actions performed to reestablish structural and functional characteristics of the critical area 1539 that have been lost by alteration, past management activities, or other events; and 1540 (iii) Restoration can include restoration of wetland functions and values on a site where 1541 wetlands previously existed, but are no longer present due to lack of water or hydric soils. 1542 (k) ****“Rehabilitation” means a type of restoration action intended to repair natural or historic 1543 functions and processes. Activities could involve breaching a dike to reconnect wetlands to a 1544 floodplain or other activities that restore the natural water regime. 1545 Commented [AS46]: Edits made per Ecology recommended change 2 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 44/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (l) “Renovation” means to restore to an earlier condition as by repairing or remodeling. 1546 “Renovation” shall include any interior changes to the building and those exterior changes that do 1547 not substantially change the character of the existing structure. 1548 (m) “Resident fish” means a fish species that completes all stages of its life cycle within freshwater 1549 and frequently within a local area. 1550 (n) “Residential development” means development of land with dwelling units for nontransient 1551 occupancy including single-family, multifamily, and creation of new residential lots by land division. 1552 For the purposes of this program, accessory dwelling units, garages,satellite bedrooms, sheds, 1553 gazebos and other similar structures accessory to a dwelling unit shall also be considered residential 1554 development (see also “Dwelling unit” and “Accessory dwelling unit”). 1555 (o) *“Resource-based industrial” means a forest resource-based industrial land use designation that 1556 recognizes existing, active sawmills and related activities. 1557 (p) *“Resource lands” means agricultural, forest, and mineral lands that have long-term commercial 1558 significance. 1559 (q) *“Restoration” means the reestablishment or upgrading of impaired ecological shoreline 1560 processes or functions. This may be accomplished through measures including, but not limited to, 1561 revegetation, removal of fill, removal of intrusive shoreline structures and removal or treatment of 1562 toxic materials. Restoration does not imply a requirement for returning the shoreline area to 1563 aboriginal or pre-European settlement conditions. 1564 (r) *“Restriction” means a limitation placed upon the use of parcel(s) of land. 1565 (s) “Revetment” means a sloped wall constructed of rip-rap or other suitable material placed on 1566 stream banks or other shorelines to retard bank erosion and minimize lateral stream movement. 1567 (t) “Rip-rap” means dense, hard, angular rock free from cracks or other defects conducive to 1568 weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes. 1569 (u) “Riparian corridor, zone or area” means the area adjacent to a water body (stream, lake or 1570 marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area 1571 and/or fish and wildlife habitat by providing shade, fine or large woody material, nutrients, organic 1572 debris, sediment filtration, and terrestrial insects (prey production). Riparian areas include those 1573 portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with 1574 aquatic ecosystems (i.e., zone of influence). Riparian zones provide important wildlife habitat. They 1575 provide sites for foraging, breeding and nesting; cover to escape predators or weather; and 1576 corridors that connect different parts of a watershed for dispersal and migration. 1577 (v) ****“River” means a large natural stream of water emptying into any ocean, lake, or other body 1578 of water, and usually fed along its course by converging tributaries. 1579 (w) *“Road” means an improved and maintained public or private right-of-way which provides 1580 vehicular access to abutting properties, and which may also include provision for public utilities, 1581 pedestrian access, cut and fill slopes, and drainage. 1582 Commented [LG47]: Response to ECY Rec-1. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 45/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (x) *“Runoff” means water originating from rainfall and other precipitation that is found in drainage 1583 facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water. 1584 In addition, that portion of rainfall or other precipitation that becomes surface flow and interflow. 1585 (y) *“Rural lands” means the class of land use designations which are intended to preserve the rural 1586 character of the county. Rural land designations include the following: rural residential, rural 1587 commercial, and rural industrial. 1588 (z) *“Rural residential designation” means the land use designation in the Comprehensive Plan 1589 designed to recognize existing residential development patterns of the rural landscape and provide 1590 for a variety of residential living opportunities at densities which maintain the primarily rural 1591 residential character of an area. 1592 (19) S Definitions. 1593 (a) *“Sale” means the conveyance for consideration of legal or beneficial ownership. 1594 (b) *“Saltwater intrusion” or “seawater intrusion” means the underground flow of salt water into 1595 wells and aquifers. 1596 (c) ****“Scientific and educational facilities” means those sites, structures, or facilities that provide 1597 unique insight into our natural and cultural heritage. Water-oriented facilities including but not 1598 limited to maritime education and training are part of scientific and educational facilities. 1599 (d) *“Screening” means a method of visually shielding or obscuring a structure or use from view by 1600 fencing, walls, trees, or densely planted vegetation. 1601 (.(e) *“Seaward” means to or toward the sea. 1602 (f) ****“Seawall” means a structure whose primary purpose is to protect the shore from erosion by 1603 water waves. Seawalls are similar but typically more massive than bulkheads because they are 1604 designed to resist the full force of waves. 1605 (g) “Sedimentation” means the process by which material is transported and deposited by water or 1606 wind. 1607 (h) “Setback” means the distance a building structure is placed behind a specified limit such as a lot 1608 line or shoreline buffer. 1609 (i) “Shared use” means a facility shared by two or more lots/parcels. This can apply to facilities for 1610 adjoining lots or facilities shared between waterfront and upland properties; comparable to 1611 “Community (e.g., beach access structure” per JCC 18.10.030. or boating facility). See also 1612 “Community dock/pier/float” and “Joint-use dock/pier/float.” 1613 (j) “Shellfish” means invertebrate organisms of the phyla Arthropoda (class Crustacea), Mollusca 1614 (class Pelecypoda) and Echinodermata. Shellfish possess a full, partial or vestigial hard outer shell, 1615 carapace or exoskeleton. Examples include, but are not limited to, crabs and shrimp, clams, oysters, 1616 Commented [LG48]: Task Force D Marine trades and economic development. Commented [AS49]: Edits to definition made per Ecology recommendation 2 (9/30/22). Commented [LG50]: Response to Comment: 13. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 46/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. mussels and other bivalves, snails, limpets, abalone and other single-shelled gastropods, and sea 1617 urchins, sea cucumbers, sea stars. 1618 (k) “Shellfish habitat conservation areas” are all public and private tidelands suitable for shellfish, as 1619 identified by the Washington Department of Health classification of commercial growing areas, and 1620 those recreational harvest areas as identified by the Washington Department of Ecology as 1621 designated as shellfish habitat conservation areas pursuant to WAC 365-190-80. Any area that is or 1622 has been designated as a shellfish protection district created under Chapter 90.72 RCW is also a 1623 shellfish habitat conservation area. 1624 (l) “Shore armoring” or “structural shoreline armoring” refers to the placement of bulkheads and 1625 other hard structures on the shoreline to provide stabilization and reduce or prevent erosion 1626 caused by wave action, currents and/or the natural transport of sediments along the shoreline. 1627 Groins, jetties, breakwaters, revetments, sea walls are examples of other types of shoreline 1628 armoring. 1629 (m) ***“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all 1630 directions as measured on a horizontal plane from and perpendicular to the ordinary high water 1631 mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all 1632 wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to 1633 the provisions of Chapter 173-22 WAC, as may be amended; the same to be designated as to 1634 location by the Department of Ecology, as defined by Chapter 90.58 RCW. 1635 (n) ***“Shorelines” are all of the water areas of the state as defined in RCW 90.58.030, including 1636 reservoirs and their associated shorelands, together with the lands underlying them except the 1637 following, which are excluded: 1638 (i) Shorelines of statewide significance; 1639 (ii) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 1640 cubic feet per second (20 cfs) or less and the wetlands associated with such upstream 1641 segments; and 1642 (iii) Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. 1643 (o) “Shoreline conditional use” means a use, development, substantial development, or unclassified 1644 use that, owing to some special characteristics attendant to its typical operation or installation, may 1645 be allowed in certain circumstances when consistent with criteria specified herein. 1646 (p) “Shoreline conditional use permit” means a permit issued by Jefferson County and approved by 1647 Ecology stating that the land uses and activities meet all criteria set forth in this program, and all 1648 conditions of approval in accordance with the procedural requirements of this program. 1649 (q) “Shoreline jurisdiction” means all shorelines of the state and shorelands. 1650 (r) *“Shoreline Management Act (SMA)” means the Shoreline Management Act of 1971 (Chapter 1651 90.58 RCW), as amended. 1652 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 47/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (s) “Shoreline master program” (“SMP” or “program”) means the Jefferson County shoreline master 1653 program. 1654 (t) **“Shoreline modification activities” means those actions that modify the physical configuration 1655 or qualities of the shoreline area, usually through the construction of a physical element such as a 1656 bulkhead, dock or other shoreline structure. They can include other actions, such as clearing, 1657 grading, or filling. 1658 (u) “Shoreline permit” means a shoreline substantial development permit (SSDP), a shoreline 1659 conditional use permit, or a shoreline variance, or any combination thereof issued by Jefferson 1660 County pursuant to Chapter 90.58 RCW. 1661 (v) “Shoreline stabilization” means nonstructural modifications to the existing shoreline intended to 1662 reduce or prevent erosion of uplands or beaches and/or influence wave action, currents and/or the 1663 natural transport of sediments along the shoreline. This includes use of bioengineering and other 1664 forms of vegetative stabilization. 1665 (w) ****“Shorelines of statewide significance (SSWS)” with respect to Jefferson County are 1666 identified as follows: 1667 (i) The area between the ordinary high water mark and the western boundary of the state, 1668 within Jefferson County and state of Washington jurisdiction, including harbors, bays, estuaries, 1669 and inlets. 1670 (ii) The area between the ordinary high water mark and the western boundary of the state, within Jefferson 1671 County and state of Washington jurisdiction, including harbors, bays, estuaries, and inlets. 1672 (iii) The lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 1,000 acres 1673 or more measured at the ordinary high water mark, including associated wetlands. 1674 (iv. 1675 (ii) Those areas of Puget Sound and the Strait of Juan de Fuca between the ordinary high water 1676 mark and the line of extreme low tide, which are Hood Canal from Tala Point to Foulweather 1677 Bluff, south to the Mason-Jefferson County line, including associated wetlands. 1678 (viii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north 1679 to the Canadian line and lying seaward from the line of extreme low tide. 1680 (viiv) Those natural rivers or segments thereof downstream from a point where the mean 1681 annual flow is measured at 1,000 cubic feet per second or more. In Jefferson County these 1682 rivers include portions of the Bogachiel River, Clearwater River, Hoh River, and Quinault River. 1683 (viiv) Those shorelands associated with the areas described in subsection (19)(w)() (i), (, ii),, iii 1684 and (iv) of this definition. 1685 (x) ***“Shorelines of the state” means the total of all shorelines and shorelines of statewide 1686 significance within Washington State. 1687 Commented [LG51]: Staff Docket/Code Interpretations definition of SSWS Commented [LG52]: Response to ECY Rec-7. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 48/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (y) *“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for 1688 record with the county auditor, and containing all elements and requirements set forth in Chapter 1689 18.35 JCC. 1690 (z) *“Should” means that the particular action is preferred unless there is a demonstrated, 1691 compelling reason, based on policy of the Act and this program, against taking the action (WAC 173-1692 26-020(32)). 1693 (aa) *“Sign” means any object, device, display or structure, or part thereof, situated outdoors or 1694 indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, 1695 institution, organization, business, product, service, event or location by any means, including 1696 words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Excluded 1697 from this definition are signs required by law, such as handicapped parking signs, and the flags of 1698 national and state governments. 1699 (bb) *“Sign, commercial or industrial” means a sign that directs attention to a business or 1700 profession, to a commodity or service sold, offered, or manufactured, or to an entertainment 1701 offered on the premises where the sign is located. 1702 (cc) “Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or 1703 ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes 1704 significant impacts to ecological functions provided by such vegetation. The removal of invasive or 1705 noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree 1706 topping, where it does not affect ecological functions, does not constitute significant vegetation 1707 removal. 1708 (dd) *“Single-family residence” means a dwelling unit designed for and occupied by no more than 1709 one family. 1710 (ee) “Site plan approval advance determination (SPAAD)” means a review of a proposed development on a 1711 particular parcel for site requirements and constraints to allow prospective land buyers, owners or developers a 1712 means to obtain a five-year authorization prior to obtaining building permits for the development action. The 1713 intent is to reduce costs and aid financing and serves to vest a proposed development to current regulations. 1714 (ee) Reserved. 1715 (ff) “Slope” means: 1716 (i) Gradient. 1717 (ii) The inclined surface of any part of the earth’s surface, delineated by establishing its toe and 1718 top and measured by averaging the inclination over at least 10 feet of vertical relief. 1719 (gg) *“Small-scale” means of a size or intensity which has minimal impacts on the surrounding area 1720 and which makes minimal demands on the existing infrastructure. 1721 (hh) “Soil” means all unconsolidated materials above bedrock described in the Soil Conservation 1722 Service Classification System or by the Unified Soils Classification System. 1723 Commented [LG53]: Response to Comment: 12.5. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 49/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) *“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except 1724 wastes identified in WAC 173-304-015, including, but not limited to, junk vehicles, garbage, rubbish, 1725 ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts 1726 thereof, and discarded commodities, but excluding agricultural wastes and crop residues returned 1727 to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials which are not 1728 the primary products of public, private, industrial, commercial, mining and agricultural operations. 1729 Solid waste includes but is not limited to sludge from wastewater treatment plants and septage 1730 from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from 1731 recycling operations shall be considered solid waste. 1732 (jj) ****“Solid waste handling and disposal facilities” means any land or structure where solid waste 1733 is stored, collected, transported, or processed in any form, whether loose, baled or containerized, 1734 including but not limited to the following: transfer stations, landfills, or solid waste loading facilities. 1735 Solid waste handling and disposal facilities do not include the following: handling or disposal of solid 1736 waste as an incidental part of an otherwise permitted use; and solid waste recycling and 1737 reclamation activities not conducted on the same site as and accessory to the handling and disposal 1738 of garbage and refuse. 1739 (kk) *“Solid waste disposal” means the act or process of disposing of rubbish and garbage. 1740 (ll) SPAAD. See “Site plan approval advance determination.” 1741 (ll) Reserved. 1742 (mm) “Spit” means an accretion shoreform that is narrow in relation to length and extends parallel 1743 to or curves outward from shore; spits are also characterized by a substantial wave-built sand and 1744 gravel berm on the windward side, and a more gently sloping silt or marsh shore on the lagoon or 1745 leeward side; curved spits are called hooks. 1746 (nn) *“Storage yard, outdoor” means an outdoor area used for the storage of equipment, vehicles 1747 or materials for periods exceeding 72 hours. 1748 (oo) ****“Stormwater” means rain or snow melt that does not naturally infiltrate into the ground 1749 but runs off surfaces such as rooftops, streets, or lawns, directly or indirectly, into streams and 1750 other water bodies or through constructed infiltration facilities into the ground. 1751 (pp) “Stream” means an area where surface waters produce a defined channel or bed. A defined 1752 channel or bed is an area that demonstrates clear evidence of the annual passage of water and 1753 includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined 1754 channel swales. The channel or bed need not contain water year round. This definition includes 1755 drainage ditches or other artificial water courses where natural streams existed prior to human 1756 alteration, and/or the waterway is used by anadromous or resident salmonid or other fish 1757 populations. 1758 (qq) “Strict construction” means an interpretation that considers only the literal words of a writing, 1759 as compared to liberal construction. 1760 Commented [LG54]: Response to Comment: 12.5. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 50/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (rr) *“Structure” means a permanent or temporary edifice or building or any piece of work 1761 artificially built up or composed of parts joined together in some definite manner, whether installed 1762 on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030). 1763 Retaining walls, bulkheads, fences, landscaping walls/decorative rockeries, and similar 1764 improvements to real property are examples of structures. Geoduck tubes are not considered 1765 structures for purposes of this program. 1766 (ss) *“Subdivision” means the division or redivision of land into lots, tracts, parcels, sites or divisions 1767 for the purpose of sale, lease or transfer of ownership. 1768 (tt) “Substantial development” means any development of which the total cost or fair market value 1769 exceeds $5,7188,504 or as adjusted by the state legislature, or any development which materially 1770 interferes with the normal public use of the water or shorelines of the state; except the classes of 1771 development listed (a) through (l) under RCW 90.58.030(3)(e). 1772 (uu) ****“Substantially degrade” means to cause damage or harm to an area’s ecological functions. 1773 An action is considered to substantially degrade the environment under any of the following 1774 criteria: 1775 (i) The damaged ecological function or functions affect other related functions or the viability of 1776 the larger ecosystem; or 1777 (ii) The degrading action may cause damage or harm to shoreline ecological functions under 1778 foreseeable conditions; or 1779 (iii) Scientific evidence indicates that the action may contribute to damage or harm to 1780 ecological functions as part of cumulative impacts from similar permitted development on 1781 nearby shorelines. 1782 (vv) ****“Subtidal” means the area waterward of the line of extreme low tide. 1783 (ww) *“Sustainable” means actions or activities which preserve and enhance resources for future 1784 generations. 1785 (20) T Definitions. 1786 (a) *“Threatened species” means a species that is likely to become an endangered species within 1787 the foreseeable future, as classified by the Washington Department of Fish and Wildlife, the 1788 Department of Natural Resources, Washington Natural Heritage Program, or the federal 1789 Endangered Species Act. 1790 (b) *“Threshold determination” means the decision by the responsible official under the State 1791 Environmental Policy Act (SEPA) regarding the likelihood that a project or other action (WAC 197-1792 11-704) will have a probable significant adverse impact on an element of the environment. 1793 (c) “Toe” means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, 1794 etc. 1795 Commented [AS55]: Additional update per Ecology recommendation 8 (9/30/22). Commented [LG56]: 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. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 51/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) ***“Tombolo” means a causeway-like accretion spit connecting an offshore rock or island with 1796 the main shore, such as the formation that connects Hood Head to the southern shore of Paradise 1797 Bay, near the Hood Canal Bridge. 1798 (e) “Topping” means the removal of any part of a tree’s main stem. 1799 (f) “Trimming” means the removal of living plant matter from any type of vegetation and includes 1800 limbing, thinning, shaping, tree pruning and topping. 1801 (21) U Definitions. 1802 (a) “Unavoidable” means adverse impacts that remain after all appropriate avoidance and 1803 minimization measures have been implemented. 1804 (b) *“Uplands” means dry lands landward of OHWM. 1805 (c) *“Urban growth area (UGA)” means an area designated by the county within which urban 1806 growth is to be encouraged and outside of which growth is not intended to be urban in nature (cf., 1807 Chapter 36.70A RCW). 1808 (d) *“Use” means the purpose that land or building or structures now serve or for which they are or 1809 may be occupied, maintained, arranged, designed, or intended. 1810 (e) *“Utility distribution lines” means pipes, wires, and associated structural supports. This may 1811 include electric distribution. 1812 (f) *“Utility facilities” means facilities directly used for the distribution or transmission of services to an area, 1813 excluding utility service offices. 1814 (f) * “Utilities” means services and facilities that produce, convey, store, or process power, gas, 1815 sewage, communications, oil, waste, and the like. On-site utility features serving a primary use, such 1816 as a water, sewer or gas line to a residence, stormwater facilities, or an electric vehicle charging 1817 station are "accessory utilities" and are considered a part of the primary use. 1818 (22) V Definitions. 1819 (a) *“Variance (or shoreline variance) permit” means a type of permit that can provide relief from 1820 the dimensional requirements of this program. A variance may only be granted when all of the 1821 criteria listed at WAC 173-27-170 are met. The variance is intended to allow only a minimum degree 1822 of variation from setback or other standards, just enough to afford relief and to allow a reasonable 1823 use of a property. Variances approved by Jefferson County must also be approved, denied, or 1824 approved with conditions by Ecology. 1825 (b) “Vegetation” means all live plant material, including native and nonnative, woody and 1826 herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial. 1827 (c) “Vegetative debris” means all dead and downed plant material, naturally expired or portions of a 1828 plant removed intentionally, such as by trimming, resulting from native and nonnative, woody and 1829 herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial 1830 Commented [LG57]: Response to ECY Rec-9. Commented [LG58]: Response to ECY Rec-9. Commented [LG59]: Staff Docket/Code Interpretations "Utilities" WAC 173-26-241 (3) (l) Commented [LG60]: Response to Comment: 14. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 52/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. source. Examples include, but are not limited to, leaves, needles, branches, limbs, annual 1831 herbaceous growth, and grass clippings. A standing tree snag is not considered vegetative debris for 1832 the purposes of this program. 1833 (d) “Vegetation removal” means physical extraction, including the whole plant plus its root 1834 structure, or trimming in excess of that which a plant can survive even though the root structure is 1835 left in place, or chemical expiration of plant material. 1836 (e) “Vessel” means a floating structure that is designed primarily for navigation, is normally capable 1837 of self propulsion and use as a means of transportation, and meets all applicable laws and 1838 regulations pertaining to navigation and safety equipment on vessels, including, but not limited to, 1839 registration as a vessel by an appropriate government agency as per WAC 332-30-103. 1840 (f) *“Vicinity” means, in rural and resource lands, the area within one mile of the exterior boundary 1841 of a given parcel (JCC 18.10.220). 1842 (g) ****“View protection” means protection of the visual quality of the shoreline resource and 1843 maintenance of view corridors to and from waterways and their adjacent shoreland features. 1844 (23) W Definitions. 1845 (a) *“WAC” means the Washington Administrative Code. 1846 (b(c) ****“Waste disposal” means refuse composed of garbage, rubbish, ashes, dead animals, 1847 demolition wastes, automobile parts, and similar material. 1848 (cd) **“Water-dependent use” means a use or portion of a use that requires direct contact with the 1849 water and cannot exist at a nonwater location due to the intrinsic nature of its operations. Ferry 1850 terminals, public fishing piers, marinas, and shellfish aquaculture are examples of water-dependent 1851 uses. Residential development is not a water-dependent use but is a preferred use of shorelines of 1852 the state. 1853 (de) **“Water-enjoyment use” means a recreational use or other use that facilitates public access 1854 to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or 1855 aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic 1856 of the use and which through location, design, and operation ensures the public’s ability to enjoy 1857 the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, 1858 the use must be open to the general public and the shoreline-oriented space within the project 1859 must be devoted to the specific aspects of the use that fosters shoreline enjoyment. A restaurant or 1860 similar use may qualify as a water-enjoyment use, provided it includes public access to the 1861 shoreline. 1862 (ef) “Water-oriented use” means any one or a combination of water-dependent, water-related or 1863 water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Act. 1864 (fg) “Water quality” means the characteristics of water, including flow or amount and related 1865 physical, chemical, aesthetic, recreation-related, and biological characteristics. 1866 Commented [AS61]: Definition removed per Ecology recommendation 10 and the term (used only twice elsewhere in code) will be altered (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 53/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (gh) **“Water-related use” means a use or portion of a use that is not intrinsically dependent on a 1867 waterfront location but depends upon a waterfront location for economic viability because of one 1868 of the following: 1869 (i) A functional requirement for a waterfront location such as the arrival or shipment of 1870 materials by water or the need for large quantities of water; or 1871 (ii) The use provides a necessary service supportive of the water-dependent activities and the 1872 proximity of the use to its customers makes its services less expensive and/or more convenient. 1873 Water-related uses include manufacturers of ship parts large enough that transportation 1874 becomes a significant factor in the product’s cost; professional services for primarily water-1875 dependent activities and storage of water-transported foods. Other examples of water-related 1876 uses may include the warehousing of goods transported by water, seafood processing plants, 1877 hydroelectric generating plants, gravel storage when transported by barge, oil refineries where 1878 transport is by tanker, and log storage for water-borne transportation. 1879 (hi) “Watershed” means a geographic region within which water drains into a particular river, 1880 stream or body of water. 1881 (i(j) “Water system” means purveyors serving connections and providing water capacity per WAC 1882 246-290 . 1883 (k) “Waterward” means towards the water, often referenced as the direction from an existing or 1884 proposed structure or development or from the ordinary high water mark (OHWM). 1885 (l) ***“Wetlands” means areas that are inundated or saturated by surface water or ground water at 1886 a frequency and duration sufficient to support, and that under normal circumstances support, a 1887 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally 1888 include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands 1889 intentionally created for nonwetland sites, including, but not limited to, irrigation and drainage 1890 ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, 1891 and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally 1892 created as a result of the construction of a road, street, or highway. Wetlands may include those 1893 artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of 1894 wetlands. 1895 (jm) “Windthrow” means a natural process by which trees are uprooted or sustain severe trunk 1896 damage by the wind. [Ord. 7-13 Exh. A (Art. II)] 1897 Article III. Master Program Goals 1898 18.25.110 Purpose. 1899 This article describes the overall goals of the master program, which apply to all uses and developments 1900 within shoreline jurisdiction regardless of the designated shoreline environment in which they occur. 1901 These goals are informed by Chapter 173-26 WAC and the governing principles described in Article I of 1902 this chapter. The general policies and regulations in Article VI of this chapter and the specific use policies 1903 and regulations in Articles VII and VIII of this chapter are the means by which these goals are 1904 Commented [LG62]: Staff Docket/Code Interpretations "water system" WAC 173-26-241 (3) (l) Commented [LG63]: Response to Comment 12.6. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 54/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. implemented. Achievement of these goals shall be consistent with the state’s policies of avoiding 1905 cumulative impacts and ensuring no net loss of shoreline processes, functions, and values. These goals 1906 are not listed in order of priority. [Ord. 7-13 Exh. A (Art. III)] 1907 18.25.120 Conservation. 1908 (1) Purpose. As required by RCW 90.58.100(2)(f), the conservation goals address the protection of 1909 natural resources, scenic vistas, aesthetics, and vital shoreline areas for fisheries and wildlife for the 1910 benefit of present and future generations. 1911 (2) Goals. 1912 (a) Preserve, enhance and protect shoreline resources (i.e., wetlands, intertidal areas, and other fish 1913 and wildlife habitats) for their ecological functions and values, and aesthetic and scenic qualities. 1914 (b) Maintain and sustain natural shoreline formation processes through effective shoreline 1915 management. 1916 (c) Promote restoration and enhancement of areas that are biologically and/or aesthetically 1917 degraded while maintaining appropriate use of the shoreline. 1918 (d) Protect and enhance native shoreline vegetation to maintain water quality, fish and wildlife 1919 habitat, and other ecological functions, values and processes. [Ord. 7-13 Exh. A (Art. III § 1)] 1920 (e) Foster environmental stewardship, preserve clean air and water, and protect fish and wildlife 1921 habitat. Anticipate and respond to climate change with mitigation and adaptation 1922 strategies.(County Comprehensive Plan Framework Goal VI) [Ord. 7-13 Exh. A (Art. III § 1)] 1923 18.25.130 Economic development. 1924 (1) Purpose. As required by RCW 90.58.100(2)(a), the economic development goals address the location 1925 and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other 1926 developments that are particularly dependent on their location on or use of the shorelines. 1927 (2) Goals. 1928 (a) Encourage viable, orderly economic growth through economic activities that benefit the local 1929 economy and are environmentally sensitive. Such activities should not disrupt or degrade the 1930 shoreline or surrounding environment. 1931 (b) Accommodate and promote water-oriented industrial and commercial uses and developments, 1932 giving highest preference to water-dependent uses. 1933 (c) Encourage water-oriented recreational use as an economic asset that will enhance public 1934 enjoyment of the shoreline. 1935 (d) Encourage economic development in areas already partially developed with similar uses when 1936 consistent with this program and the Jefferson County Comprehensive Plan. 1937 Commented [LG64]: Comp. Plan Framework Goal VI Environmental Conservation Commented [LG65R64]: Task Force C Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 55/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) Promote the heritage and culture of marine trades in Jefferson County. [Ord. 7-13 Exh. A (Art. III 1938 § 2)] 1939 18.25.140 Historic, archaeological, cultural, scientific and educational resources. 1940 (1) Purpose. As required by RCW 90.58.100(2)(g), these goals address protection and restoration of 1941 buildings, sites and areas having historic, archaeological, cultural, scientific, or educational significance. 1942 (2) Goals. 1943 (a) Maintain finite and irreplaceable links to the past by identifying, preserving, protecting, and 1944 where appropriate, restoring historic, archaeological, cultural, scientific, and educational (HACSE) 1945 sites. 1946 (b) Protect HACSE sites and buildings identified on national, state or local historic registers from 1947 destruction or alteration, and from encroachment by incompatible uses. 1948 (c) Acquire, where feasible, HACSE sites to ensure their protection and preservation for present and 1949 future generations. 1950 (d) Foster greater appreciation for shoreline management, maritime activities, environmental 1951 conservation, natural history and cultural heritage by educating and informing citizens of all ages 1952 through diverse means. 1953 (e) Ensure that tribal organizations and the State Office of Archaeology and Historic Preservation 1954 are involved in the review of projects that could potentially affect such resources. [Ord. 7-13 Exh. A 1955 (Art. III § 3)] 1956 18.25.150 Public access. 1957 (1) Purpose. As required by RCW 90.58.100(2)(b), the public access goals address the ability of the public 1958 to reach, touch, and travel on the shorelines of the state and to view the water and the shoreline from 1959 adjacent locations. 1960 (2) Goals. 1961 (a) Develop, adopt, and implement a shoreline public access plan that incorporates public access 1962 into new shoreline development, unifies individual public access points into a comprehensive 1963 system, and seeks new waterfront access points that can be acquired for public use. 1964 (b) Evaluate potential public access opportunities when reviewing all shoreline development 1965 projects except for individual single-family residential development projects. 1966 (c) Acquire property (i.e., through purchase, donation or other agreement) to provide public access 1967 to the water’s edge in appropriate and suitable locations. 1968 (d) Regulate shoreline use and development to minimize interference with the public’s use of the 1969 water and protect the public’s opportunity to enjoy the physical and aesthetic qualities of 1970 shorelines, including views of the water. 1971 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 56/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) Expand opportunities for physical and visual public access to shorelines when such access can 1972 occur without human health, safety, and/or security risks, and without adverse effects on shoreline 1973 functions, processes, values, private property rights, and/or neighboring uses. 1974 (f) Incorporate educational and interpretive signage and other tools into public access facilities to 1975 enhance the public’s understanding and appreciation of shoreline ecology, cultural history and 1976 maritime heritage. [Ord. 7-13 Exh. A (Art. III § 4)] 1977 18.25.160 Recreation. 1978 (1) Purpose. As required by RCW 90.58.100(2)(c), the recreation goals address the creation and 1979 expansion of water-oriented public recreational opportunities including, but not limited to, parks, 1980 tidelands, beaches, and ecological study areas. 1981 (2) Goals. 1982 (a) Encourage diverse recreational opportunities in shoreline areas that can support such use and 1983 development without human health, safety, and/or security risks, and without adverse effects on 1984 shoreline functions, processes, values, private property rights, and/or neighboring uses. 1985 (b) Plan for future shoreline recreation needs and acquire (i.e., through purchase, donation or other 1986 agreement) shoreline areas that have a high potential to provide recreation areas. 1987 (c) Provide for both active and passive recreational needs when developing recreational areas. 1988 (d) Support other governmental and nongovernmental efforts to acquire and develop additional 1989 shoreline properties for public recreational uses. [Ord. 7-13 Exh. A (Art. III § 5)] 1990 18.25.170 Restoration and enhancement. 1991 (1) Purpose. As required by WAC 173-26-186, the restoration and enhancement goals address 1992 reestablishment, rehabilitation and improvement of impaired shoreline ecological functions, values 1993 and/or processes. 1994 (2) Goals. 1995 (a) Improve shoreline functions, processes, and values over time through regulatory, voluntary and 1996 incentive-based public and private programs and actions that are consistent with the shoreline 1997 master program restoration plan and other agency adopted restoration plans. 1998 (b) Encourage cooperative restoration programs between local, state, and federal public agencies, 1999 tribes, nonprofit organizations, and landowners. 2000 (c) Provide fundamental support to restoration work by various organizations by identifying 2001 shoreline restoration priorities, and by organizing information on available funding sources for 2002 restoration implementation. 2003 (d) Implement actions that restore shoreline ecological functions, values and processes as well as 2004 shoreline features, improve habitat for sensitive and/or locally important species, and are 2005 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 57/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. consistent with biological recovery goals for threatened salmon populations and other species 2006 and/or populations for which a recovery plan is available. 2007 (e) Integrate restoration efforts with other parallel natural resource management efforts including, 2008 but not limited to, shellfish closure response plans and water quality cleanup plans. 2009 (f) Increase the availability, viability and sustainability of shoreline habitats for salmon, shellfish, 2010 forage fish, shorebirds and marine seabirds, and other species. [Ord. 7-13 Exh. A (Art. III § 6)] 2011 18.25.180 Shoreline use. 2012 (1) Purpose. As required by RCW 90.58.100(2)(e), the shoreline use goals address the general 2013 distribution, location, and extent of housing, business, industry, transportation, agriculture, natural 2014 resources, aquaculture, recreation, education, navigation, and other categories of public and private 2015 land use. 2016 (2) Goals. 2017 (a) Ensure that shoreline use patterns are compatible with the ecological functions and values of the 2018 shoreline and avoid disruption of natural shoreline processes. 2019 (b) Increase protection of shoreline ecological resources by properly siting and regulating water-2020 dependent and residential uses that have preferred status for use of waterfront lands. 2021 (c) Encourage appropriate sustainable, low impact, and cluster development practices whenever 2022 feasible. 2023 (d) Encourage uses that allow for or include restoration so that areas affected by past activities or 2024 catastrophic events can be improved. 2025 (e) Ensure that all new development is consistent with the Land Use and Rural Element and other 2026 pertinent sections of the Comprehensive Plan and the Growth Management Act (Chapter 36.70A 2027 RCW). 2028 (f) Limit development intensity in ecologically sensitive and fragile areas. 2029 (g) Reduce health and safety risks by limiting development in areas subject to flooding, erosion, 2030 landslides, channel migration, and other hazards. 2031 (h) Reserve aquatic lands including tidelands for water-dependent uses. 2032 (i) Protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts 2033 by not permitting unrelated uses on these tidelands. 2034 (j) Encourage all use and development to address potential adverse effects of global climate change 2035 and sea level rise. 2036 (k) Allow residential, commercial, and industrial development in a manner that minimizes risk from 2037 flooding, earth movement, shoreline erosion, sea level rise, and other natural hazards. (County 2038 Comprehensive Plan Policy LU-P-7.2) 2039 Commented [LG66]: Comp Plan Policy: LU-P-7.2 Commented [LG67R66]: Task Force C Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 58/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (l) Ensure that land use decisions consider climate change, and are based on land use ordinances 2040 which are in compliance with the Critical Areas Ordinance and all applicable state environmental 2041 laws. (Comprehensive Plan Policy LU-P-7.1) 2042 (m) Develop information and action plans regarding impacts to land use from climate change, 2043 including protecting or moving infrastructure from inundation areas; review of hydrologic budgets 2044 and water impoundment and conservation measures for changing precipitation patterns; and 2045 protection of water quality from seawater intrusion or other pollutants to drinking water quality. 2046 (Comprehensive Plan Policy LU-P-7.3) 2047 (n) Promote climate change adaptation measures that: 2048 (i) prioritize retreat measures for new development or new infrastructure investments and allow 2049 for feasible planned relocations or realignments of existing development and infrastructure; 2050 (ii) accommodate shoreline uses and activities that are saltwater and flood tolerant; 2051 (iii) protect existing development and infrastructure that is consistent with this SMP and is 2052 infeasible to be relocated or realigned. [Ord. 7-13 Exh. A (Art. III § 7)] 2053 18.25.190 Transportation, utilities and essential public facilities. 2054 (1) Purpose. As required by RCW 90.58.100(2)(d), the transportation and essential public facilities goals 2055 address circulation and the general location and extent of thoroughfares, transportation routes, 2056 terminals, and other public utilities and facilities. 2057 (2) Goals. 2058 (a) Develop efficient and economical transportation systems and other essential public facilities in a 2059 manner that assures the safe movement of people and goods and that effectively provides other 2060 essential services without adverse effects on shoreline use and development or shoreline ecological 2061 functions, processes, or values. 2062 (b) Provide and/or enhance physical and visual public shoreline access along public roads (i.e., 2063 turnouts, viewpoints and rest areas) in accordance with the public access provisions of this 2064 program. 2065 (c) Provide for alternative modes of travel when developing circulation systems and ensure 2066 consistency with the Jefferson County nonmotorized transportation and recreational trails plan. 2067 (d) Locate, construct and maintain new transportation and other essential public facilities in areas 2068 that do not require shoreline stabilization, dredging, extensive cut/fill and other forms of shoreline 2069 alteration. 2070 (e) Identify road and public infrastructure developments that interfere with natural processes, 2071 require shoreline armoring, or have exorbitant maintenance needs. Prioritize relocation of such 2072 facilities to more environmentally sustainable and economically sensible locations. 2073 Commented [LG68]: Comp Plan Policy LU-P-7.1 Commented [LG69R68]: Task Force C Commented [LG70]: Comp Plan Policy LU-P-7.3 Commented [LG71R70]: Task Force C Commented [LG72]: See research. Retreat, accommodate, and protect. Commented [LG73R72]: Task Force C Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 59/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) Consider potential effects of climate change when making siting decisions for capital facilities, 2074 also with consideration of the land use and environment goals and policies of the Comprehensive 2075 Plan. (Comprehensive Plan Policy CF-P-4.3) 2076 [Ord. 7-13 Exh. A (Art. III § 8)] 2077 Article IV. Shoreline Jurisdiction and Environment Designations 2078 18.25.200 Shoreline jurisdiction and mapping. 2079 (1) The provisions of this program shall apply to all shorelines of the state in unincorporated Jefferson 2080 County including all freshwater and saltwater shorelines, shorelines of statewide significance and all 2081 shorelands as defined in Article II of this chapter and RCW 90.58.030., also listed at JCC 18.25.890. These 2082 areas are collectively referred to herein as “shorelines.” The official shoreline map adopted with this 2083 program (Appendix A attached to the ordinance codified in this chapter) shows the general location and 2084 approximate extent of such shorelines.at JCC 18.25.870 shows the general location and approximate extent 2085 of such shorelines. As further described below, in the event discrepancies exist between the mapping 2086 and text of this program, the site-specific application of definitions shall prevail to determine precise 2087 and jurisdictional extent. County shall also rely on technical information in the Shoreline Inventory & 2088 Characterization Report (ICR), such as location of the 20 cfs upstream extent, especially for West End 2089 creeks/streams/rivers depicted in ICR Maps 1C and 31. The County has not opted to extend jurisdiction 2090 to include land for buffers for critical areas or additional portions of the 100-year floodplain, per RCW 2091 90.58.030(d). 2092 (2) The official shoreline map shows the environment designations that apply to each segment of the 2093 shoreline planning area. The official shoreline map is for planning purposes only. It does not necessarily 2094 identify or depict the precise lateral extent of shoreline jurisdiction or all associated wetlands. The 2095 lateral extent of the shoreline jurisdiction at the parcel level shall be determined on a case-by-case basis 2096 at the time a shoreline development is proposed. The actual extent of shoreline jurisdiction requires a 2097 site-specific evaluation to identify the location of the ordinary high water mark and any associated 2098 wetlands. 2099 (3) The county shall maintain a Geographic Information Systems (GIS) database that depicts the 2100 coordinates for locating the upstream extent of shoreline jurisdiction (that is, the location where the 2101 mean annual stream flow is at least 20 cubic feet per second). The database shall also show the limits of 2102 the floodplain, floodway, and channel migration zones, and such information shall be used, along with 2103 site-specific information on the location of the ordinary high water mark and associated wetlands, to 2104 determine the precise lateral extent of shoreline jurisdiction on a parcel-by-parcel basis. The database 2105 shall be updated regularly as new information is made available and the public shall have access to the 2106 database upon request. 2107 (4) All areas within shoreline jurisdiction that are not mapped and/or not designated shall be designated 2108 conservancy until the area is redesignated through a master program amendment, except: 2109 (a) within the Quinault Indian Nation reservation where the upland designation shall be natural 2110 and the waterward designation shall be priority aquatic. 2111 Commented [LG74]: Comp Plan Policy CF-P-4.3 Commented [LG75R74]: Task Force C Commented [LG76]: Response to ECY Rec 11 and 37. Commented [LG77]: Response to ECY Rec-11. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 60/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) The shoreline environment designation in ocean coastal areas waterward of the ordinary 2112 high water mark (OHWM) extending to the westernmost boundary of the state of Washington 2113 shall be priority aquatic. 2114 (c) Riverine, stream and creek shorelines of the state in the west end shall be aquatic below the 2115 OHWM, and the upland designation shall be conservancy landward of OHWM. 2116 (5) If disagreement develops as to the exact location of a shoreline environment designation boundary 2117 line shown on the official shoreline map, the following rules shall apply: 2118 (a) Boundaries indicated as approximately following lot, tract, or section lines shall be so construed. 2119 (b) Boundaries indicated as approximately following roads or railways shall be respectively 2120 construed to follow their centerlines. 2121 (c) Boundaries indicated as approximately parallel to or extensions of features indicated in 2122 subsections (5)(a) and (b) of this section. 2123 (d) Whenever existing physical features are inconsistent with boundaries on the official shoreline 2124 map, the administrator shall interpret the boundaries, with deference to actual conditions. Appeals 2125 of such interpretations may be filed pursuant to the applicable appeal procedures described in 2126 Article X of this chapter. [Ord. 7-13 Exh. A (Art. IV § 1)] 2127 18.25.210 Shoreline environment designations – Purpose and criteria. 2128 (1) Shoreline environment designations have been developed as a part of this program in accordance 2129 with WAC 173-26-211. The designations provide a systematic, rational, and equitable basis upon which 2130 to guide and regulate use and development within specific shoreline planning areas. 2131 (2) Shoreline environment designations are based on the following general factors, not listed in order of 2132 priority: 2133 (a) The ecological functions and processes that characterize the shoreline, together with the degree 2134 of human alteration as determined by the November 2008 Final Shoreline Inventory and 2135 Characterization Report and subsequent technical analyses; and 2136 (b) The county’s goal of having coordinated planning for open space, public access and other 2137 aspects of shoreline management; and 2138 (c) Existing and planned development patterns, including county Comprehensive Plan designations; 2139 and 2140 (d) The county Comprehensive Plan goals for shorelines; and 2141 (e) The requirements outlined in WAC 173-26-211; and 2142 (f) Public demand for state-owned wilderness beaches, ecological study areas, and public access 2143 and recreational activities. 2144 (3) Shorelines in Jefferson County shall have one or more of the following designations: 2145 Commented [LG78]: Staff Docket/Code Interpretations west end rivers clarification Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 61/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Priority Aquatic (PA). 2146 (i) Purpose. The priority aquatic designation protects to the highest degree possible and, where 2147 feasible, restores waters and their underlying bedlands deemed vital for salmon and shellfish. 2148 (ii) Designation Criteria. The priority aquatic designation is assigned to the most vital salmon 2149 streams and nearshore areas and the highest value marine shellfish habitats waterward of the 2150 ordinary high water mark. These shorelines have one or more of the following qualities: 2151 (A) Documented Endangered Species Act-listed salmonid streams and marine habitats 2152 (summer chum, chinook, and steelhead); 2153 (B) Estuaries that support Endangered Species Act-listed salmonid rearing; 2154 (C) Other freshwater shorelines that provide habitat for salmonid species (coho, fall chum, 2155 pink, and cutthroat) and are relatively undeveloped; 2156 (D) Intact drift cell processes (i.e., sediment source, transport, and deposition); 2157 (E) Documented forage fish spawning habitats (herring, surf smelt, sandlance); and/or 2158 (F) Important intertidal and subtidal shellfish areas (clam, oyster, crab, shrimp, and 2159 geoduck). 2160 (b) Aquatic (A). 2161 (i) Purpose. The aquatic designation protects, manages, and, where feasible, restores lake, 2162 stream, and marine waters and their underlying bedlands that are not designated as priority 2163 aquatic. 2164 (ii) Designation Criteria. The aquatic designation is assigned to all stream, lake and marine 2165 shoreline areas waterward of the ordinary high water mark if the area does not meet the 2166 criteria for the priority aquatic designation. 2167 (c) Natural (N). 2168 (i) Purpose. The natural designation protects from harm or adverse impact shoreline areas that 2169 are intact, have minimally degraded functions and processes, or are relatively free of human 2170 influence. 2171 (ii) Designation Criteria. The natural designation is assigned to shoreline areas landward of the 2172 ordinary high water mark if any of the following characteristics apply: 2173 (A) The shoreline is mostly ecologically intact and therefore currently performing an 2174 important or irreplaceable function or process that would be damaged by human activity; or 2175 (B) The shoreline, whether minimally disturbed or intact, represents an ecosystem type or 2176 geologic feature that is of particular scientific and/or educational interest; or 2177 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 62/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (C) The shoreline contains undisturbed wetlands, estuaries, feeder bluffs, unstable slopes, 2178 coastal dunes, and/or accretional spits; or 2179 (D) The shoreline is unable to support new development or uses without significant adverse 2180 impacts to ecological functions or processes; or 2181 (E) The shoreline has the potential to regain natural conditions with minimal or no 2182 restoration activity; or 2183 (F) The shoreline possesses serious development limitations or human health and safety 2184 risks due to the presence of environmental hazards related to flooding, channel migration, 2185 erosion or landslides and similar occurrences. 2186 (d) Conservancy (C). 2187 (i) Purpose. The conservancy designation provides for sustained use of resource lands and 2188 other relatively undeveloped shorelines while protecting ecological functions, conserving 2189 natural, historic and cultural resources, and providing recreational opportunities. 2190 (ii) Designation Criteria. A conservancy designation is assigned to shoreline areas landward of 2191 the ordinary high water mark if they do not meet the criteria for the natural designation and if 2192 any of the following characteristics apply: 2193 (A) The shoreline is relatively undeveloped or currently supporting resource-based uses; or 2194 (B) The shoreline can support low impact outdoor recreational activities; or 2195 (C) The shoreline is predominantly low density rural residential use (RR 1:10, RR 1:20); or 2196 (D) The shoreline can support low density residential development and low intensity water-2197 oriented uses, including some commercial and industrial uses, without significant adverse 2198 impacts to shoreline functions or processes; or 2199 (E) The shoreline is a good candidate for ecological restoration. 2200 (e) Shoreline Residential (SR). 2201 (i) Purpose. The shoreline residential designation accommodates residential development and 2202 accessory structures that are properly located and designed, in areas where high density 2203 residential developments and services exist or are planned. 2204 (ii) Designation Criteria. The shoreline residential designation is assigned to shoreline areas 2205 landward of the ordinary high water mark if they do not meet the criteria for the natural, 2206 conservancy or high intensity environments, and if any of the following characteristics apply: 2207 (A) The shoreline is within an urban growth area (UGA); or master planned resort (MPR); or 2208 designated high density rural residential area (RR 1:5); or 2209 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 63/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (B) The shoreline is predominantly high density (RR 1:5) single-family or multifamily 2210 residential development or is planned and platted for high density (RR 1:5) residential 2211 development. 2212 (f) High Intensity (HI). 2213 (i) Purpose. The high intensity designation ensures continued use of shorelines that are either 2214 presently used for commercial, industrial, or other high intensity nonresidential purposes or 2215 provide future economic development or recreational opportunities at a higher scale and 2216 intensity than can be achieved in more ecologically sensitive areas. 2217 (ii) Designation Criteria. The high intensity designation is assigned to shorelines landward of the 2218 ordinary high water mark if they do not meet the criteria for the natural, conservancy or 2219 shoreline residential environments if any of the following characteristics apply: 2220 (A) The shoreline is within an urban growth area (UGA), rural commercial area, or rural 2221 industrial area and is suitable for high intensity uses; or 2222 (B) The shoreline is currently used for industrial, commercial or other high intensity 2223 nonresidential uses and is suitable for ongoing high intensity use. [Ord. 7-13 Exh. A (Art. IV § 2224 2)] 2225 18.25.220 Uses allowed in each shoreline environment designation. 2226 (1) Each shoreline environment designation shall be managed in accordance with its designated purpose 2227 as described in this section. Table 18.25.220 shows the permitted uses, conditional uses and prohibited 2228 uses for each environment designation. The requirements governing each use are described in Articles 2229 VI, VII and VIII of this program. The permit criteria are described in Article IX of this chapter and the 2230 administrative standards including the review procedures are described in Article X of this chapter. Table 2231 18.25.220 is intended to illustrate the text of the master program. In the event discrepancies exist, the 2232 text shall govern. 2233 Commented [LG79]: Response to ECY Rec-12 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 64/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Table 18.25.220 – Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation 2234 2235 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 = Standard 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 GeoduckGeoduck (new, expansion, or conversion from non-geoduck to geoduck) PC* PC* C(d)* C(d)* C(d)* PC* In-water finfish (including net pens) X C(d) X*/C(d) X X C(d) Upland finfish X C(d) X C(d) X C(d) Beach Access Structures: P P C(a) P P P Public C(a)* C(a)*P C(a)* C(a)P C(a)P C(a)P Private, accessory to single-family residential development X C(a)* X C(a) C(a)P PC(a) Private, other C(a) C(a) X X C(a) C(a) Boating Facilities: Boat launches (nonresidential) P* P* C(a)* PC(a) P P Boat launches (residential) X* P* C(a)* C(a) P P Docks, piers, floats, lifts (nonresidential) P* P* C(d)* C(a)* P* P Docks, piers, floats, lifts (residential) X* P* X C(a) P P Float plane moorage X C(d) X C(a) C(a) P Industrial piers P* P* X X X P Marinas X P* X C(d) C(d) P Commented [AS80]: 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 [LG81]: 2011 b Periodic Checklist Commented [LG82R81]: Responses to Comments; 1-7. Commented [LG83]: Task Force A, Staff Docket/Code Interpretations Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Commented [GU84]: AJS: Proposed edition of "Private, other" to pick up any potential private beach access structures that are not associated with SFR. Allowances are very conservative. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 65/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 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 = Standard 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 Mooring buoys P* P* C(a)* C(a)P C(a)*P P Commercial Development: Water-dependent (recreation) C(d) P C(d) C(d) P P Water-dependent or water-related (nonrecreation) X X X C(d) P P Water-related (recreation) X P X X P P Water-enjoyment X X X C(d) P P Non-water-oriented X X X X* C(d) C(d) Dredging C(d) C(d) X* C(d) C(d) P Dredge Disposal C(d) C(d) X* C(d) C(d) C(d) Disposal of waste products, ocean use X X X X X X Filling and Excavation C(d) C(d) X* C(d) P P Flood Control Structures C(d) C(d) X C(d) C(d) C(d) Forest Practices X X P P P P In-Stream Structures C(d) C(d) X* C(d) C(d) C(d) Industrial and Port Development: Water-oriented X C(d) X C(d) C(d)* P Non-water-oriented X X X X* X*/C(d) C(d) Mining X X X* X* X* C(d) Ocean oil and gas uses and activities X X X X X X Parking: Accessory to permitted use X X X* P/C(d) P/C(d) P/C(d) Primary use X X X X X X Commented [AS80]: 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 [LG85]: Task Force B Commented [LG86]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG87]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG88]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 66/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 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 = Standard 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 Recreation: Water-oriented P* P* P* P* P P Non-water-oriented X X X X C(d) X Underwater parks C(a) C(a) N/A N/A N/A N/A Residential: Single-family (and normal appurtenances) X X C(a) P P P Accessory structures associated with single-family development (other than beach access structures, boating facilities, and boathouses) X X X C(a) P P Boathouses accessory to single-family residences X X X C(a) C(a) C(a) Multifamily X X X P* P P Restoration and Enhancement P P P P P P Shore Armor/Stabilization: NonstructuralShoreline stabilization (nonstructural), including bioengineering and biostabilization P P P P P P StructuralShore armoring, (structural), river and marine – nonresidential C(a)* C(a)* C(a)* C(a)* C(a)* C(a)* StructuralShore armoring, (structural), river and marine – residential X X X C(a)* C(a)* C(a)* StructuralShore (structural) armoring, lakes X X X X X X Signs P* P* X* P P P Transportation: Serving an allowed use C(d) C(d) X* P P P Not serving a specific allowed use C(d) C(d) X* C(d)* C(d)* C(d)* Commented [AS80]: 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 [LG89]: Suggestions to better match the terminology of the definitions/regs Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 67/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 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 = Standard 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 transportation C(d) X X X X X Utilities: Essential public facilities C(d)* C(d) X* C(d) P P Oil, gas and natural gas transmission lines C(d)* C(d) X* P* P* P Power/tidal energy generation facilities X C(d) X C(d) C(d) C(d) Desalinization plants X* X* X C(d) C(d) C(d) Sewage systems X* X* X* C(d) C(d) P Water systems X* X* X* C(d) C(d) P Electrical and communication lines C(d) C(d) X* P* P* P Ocean Uses Ocean salvage C(d) X X X X X Ocean research C(d) X X X X X 2236 [Ord. 7-13 Exh. A (Art. IV § 3)] 2237 Article V. Shorelines of Statewide Significance 2238 18.25.230 Adoption of policy. 2239 (1) In accordance with RCW 90.58.020, the county shall manage shorelines of statewide significance in 2240 accordance with this section and in accordance with this program as a whole. Preference shall be given 2241 to uses that are consistent with the statewide interest in such shorelines. Uses that are not consistent 2242 with this section or do not comply with the other applicable policies and regulations of this program 2243 shall not be permitted on shorelines of statewide significance. 2244 (2) In managing shorelines of statewide significance, Jefferson County shall give preference to uses in 2245 the following order of preference: 2246 Commented [AS80]: 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 [LG90]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Commented [LG92]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 68/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Recognize and protect the statewide interest over local interest; 2247 (b) Preserve the natural character of the shoreline; 2248 (c) Seek long-term benefits over short-term benefit; 2249 (d) Protect the resources and ecology of the shoreline; 2250 (e) Increase public access to publicly owned areas of the shoreline; 2251 (f) Increase recreational opportunities for the public in the shoreline; and 2252 (g) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 2253 [Ord. 7-13 Exh. A (Art. V § 1)] 2254 18.25.240 Designation of shorelines of statewide significance. 2255 In accordanceAs defined herein and consistent with RCW 90.58.030(2)(ef), the following Jefferson County 2256 shorelines are designated shorelines of statewide significance: 2257 (1) Shorelines of natural rivers or segments thereof, including Pacific Ocean – all areas from the northern 2258 County boundary near Teawhit Head to the southern County boundary near Queets extending seaward 2259 to the Washington western boundary; and 2260 (2) Rivers - portions of the Bogachiel, Clearwater, Hoh, and Quinault Rivers, that are downstream from 2261 athe point where the mean annual flow equals of 1,000 cubic feet per second or moremean annual flow, 2262 including shorelands; and 2263 (2) The waters of3) Hood Canal – all areas south of the line from Tala Point and Foulweather Bluff, 2264 between the ordinary high water mark and the line of extreme low tide south of the line between Tala Point 2265 and Foulweather Bluff, including shorelands; and 2266 (3) Those areas of(4) Puget Sound and the Strait of Juan de Fuca and adjacent salt waters– all areas extending 2267 north to the Canadian line and lyingboundary that are seaward fromof the line of extreme low tide. [Ord. 2268 7-13 Exh. A (Art. V § 2)] 2269 18.25.250 Use preferenceOptimum Implementation. 2270 To ensure that statewide interests are protected over local interestsTo ensure optimum implementation of the 2271 Act, including special emphasis on statewide objectives, consultation with state agencies, the variety of 2272 state interests, and a greater imperative for managing ecosystem-wide processes and ecological 2273 functions that sustain resources of statewide importance, the county shall review all development 2274 proposals within shorelines of statewide significance for consistency with RCW 90.58.030020, WAC 173-2275 26-251, this program, and the following management principles, which are not listed in prioritythe order 2276 of preference established by JCC 18.25.230: 2277 (1) When shoreline development or redevelopment occurs, it shall include restoration and/or enhancement of 2278 ecological conditions if such opportunities exist; 2279 (2) State(1) To recognize and protect the statewide interest over local interest: 2280 Commented [LG93]: Response to ECY Rec-14 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 69/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Consult state and federal resource agencies, co-managers, and tribes, shall be consulted about 2281 their applicable policies, programs, and recommendations for development proposals that affect 2282 anadromous fish, shellfish, marine birds, and other shoreline resources; 2283 (3) Areas that areb) Solicit comments, opinions, and advice from individuals with expertise in ecology, 2284 oceanography, geology, limnology, aquaculture, and other scientific fields pertinent to a shoreline 2285 proposal’s nature, scale, or rarity. 2286 (2) To preserve the natural character of the shoreline: 2287 (a) Include restoration and/or enhancement of ecological conditions, if such opportunities exist, for 2288 shoreline development or redevelopment; 2289 (b) Reforest areas subject to commercial timber harvest pursuant tounder the Forest Practices Act and 2290 RCW 90.58.150 should be reforested as soon as possible and in accordance with the Forest Practices 2291 Act and the Forest and Fish Report; 2292 (4) Uses(c) Prefer uses that are sustainable, that do not deplete natural resources, and that are 2293 compatible with other approved uses shall be preferred over uses that do not have these qualities; 2294 (5) Uses that provide long-term benefits shall be preferred over uses that provide only short-term gains; 2295 (6) Uses that preserve aesthetic qualities shall be preferred over uses that impact aesthetic qualities; 2296 (7) Uses that (d) Promote the upgrade and redevelopment of those areas where intensive 2297 development already exists, in order to reduce their adverse impact on the environment and to 2298 accommodate future growth rather than allowing high intensity uses to extend into low intensity use 2299 or underdeveloped areas. 2300 (3) To seek long-term over short-term benefits: 2301 (a) Preserve the range of options for shoreline use to the maximum possible extent for succeeding 2302 generations. Do not permit development that consumes valuable, scarce or irreplaceable natural 2303 resources if alternative sites are available. 2304 (b) Evaluate the short-term economic gain or convenience of developments in relationship to long-2305 term and potentially costly impairments to the natural environment. 2306 (c) Actively promote aesthetic considerations when contemplating new development, 2307 redevelopment of existing facilities, or for the general enhancement of shoreline areas. 2308 (4) To protect the shoreline resources and ecology: 2309 (a) Prefer uses that require a shoreline location shall be preferred over non-water-relateddependent 2310 uses. NonLocate non-water-relatedoriented uses should be located outside the shoreline jurisdiction or 2311 in areas where they will not interfere with or displace preferred uses or public access; 2312 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 70/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (8) Commercial(b) Protect commercial shellfish beds, areas that support recreation and tourism, and 2313 other economic resources of statewide importance shall be protected; 2314 (9) Uses(c) Strictly regulate uses that have the potential to cause significant erosion and 2315 sedimentation due to excavation, land clearing, or other activities shall be strictly regulated to prevent 2316 adverse impacts to shoreline functions and processes; 2317 (10) All5) To increase public access to publicly owned areas of the shoreline: 2318 (a) Design all public access and recreation use and development shall be designed to protect the 2319 ecological resources upon which such activities depend; and 2320 (11) Public(b) Encourage public and private development shall be encouraged to provide trails, 2321 viewpoints, water access points and water-related recreation opportunities where conditions are 2322 appropriate for such uses. [Ord. 7-13 Exh. A (Art. V § 3)] 2323 (6) To increase public shoreline recreational opportunities: 2324 (a) Encourage development of water-dependent facilities for recreational use of the shorelines. 2325 (b) Locate development not requiring a waterside or shoreline location inland so that lawful public 2326 enjoyment of shorelines is enhanced. 2327 Article VI. General Policies and Regulations 2328 18.25.260 Applicability. 2329 The policies and regulations in this article apply to all uses and developments in all shoreline 2330 environments. The policies and regulations are not listed in order of priority. These policies and 2331 regulations: 2332 (1) Help to implement the master program goals in Article III of this chapter; and 2333 (2) Are informed by the governing principles in Article I of this chapter; and 2334 (3) Work in concert with all the other policies and regulations contained in this program; and 2335 (4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VI)] 2336 18.25.270 Critical areas, shoreline buffers, and ecological protection. 2337 (1) Policies. 2338 (a) All shoreline use and development should be carried out in a manner that avoids and minimizes 2339 adverse impacts on the shoreline environment. Uses and developments that may cause the future 2340 ecological condition to become worse than current condition should not be allowed. Use and 2341 development in areas that are ecologically valuable, hazardous, and/or possess rare or fragile 2342 natural features should be discouraged. Critical areas within shoreline jurisdiction should be 2343 protected to a level that assures no net loss of shoreline ecological functions necessary to sustain 2344 shoreline natural resources. 2345 Commented [LG94]: Checklist 2010.a Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 71/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) In assessing the potential for new uses and developments to cause adverse impacts, the county 2346 should take into account all of the following: 2347 (i) Effects on ecological functions and ecosystem processes; and 2348 (ii) Effects that occur on site and effects that may occur off site; and 2349 (iii) Immediate effects and long-term effects; and 2350 (iv) Direct effects of the project and indirect effects; and 2351 (v) Individual effects of the project and the incremental or cumulative effects resulting from the 2352 project added to other past, present, and reasonably foreseeable future actions; and 2353 (vi) Compensatory mitigation actions that offset adverse impacts of the development action 2354 and/or use. 2355 (c) The county should recognize and honor buffers and setbacks established by existing plats, 2356 preliminary plats, issued permits, binding site plans (BSPs) and site plan approval advance 2357 determinations (SPAADs), and by development agreements that are consistent with Chapter 36.70B 2358 RCW. 2359 (d) The county should work with other local, state, and federal regulatory agencies and resource 2360 management agencies to ensure that mitigation actions carried out in support of this program are 2361 likely to be successful and achieve beneficial ecological outcomes. This includes assisting 2362 applicants/proponents in planning, designing and implementing mitigation. 2363 (e) Single-family residential development on nonconforming lots should not substantially impair the 2364 view of the adjacent residences. 2365 (2) Regulations – No Net Loss and Mitigation. 2366 (a) All shoreline use and development, including preferred uses and uses that are exempt from 2367 permit requirements, shall be located, designed, constructed, conducted, and maintained in a 2368 manner that maintains shoreline ecological processes and functions. 2369 (b) Uses and developments that cause a net loss of ecological functions and processes shall be 2370 prohibited. Any use or development that causes the future ecological condition to become worse 2371 than current condition shall be prohibited. 2372 (c) Proponents of new shoreline use and development shall employ measures to mitigate adverse 2373 impacts on shoreline functions and processes. 2374 (d) Mitigation shall include the following actions in order of priority: 2375 (i) Avoiding the impact altogether by not taking a certain action or parts of an action; 2376 Commented [LG95]: Response to Comment: 12.5. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 72/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Minimizing impacts by limiting the degree or magnitude of the action and its 2377 implementation by using appropriate technology or by taking affirmative steps to avoid or 2378 reduce impacts; 2379 (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 2380 (iv) Reducing or eliminating the impact over time by preservation and maintenance operations; 2381 (v) Compensating for the impact by replacing, enhancing, or providing substitute resources or 2382 environments; 2383 (vi) Monitoring the impact and the compensation projects and taking appropriate corrective 2384 measures. 2385 (e) Mitigation actions shall not have a significant adverse impact on other shoreline uses fostered by 2386 the policies of the Shoreline Management Act. 2387 (f) When compensatory mitigation measures are required, all of the following shall apply: 2388 (i) The quality and quantity of the replaced, enhanced, or substituted resources shall be the 2389 same or better than the affected resources; and 2390 (ii) The mitigation site and associated vegetative planting shall be nurtured and maintained 2391 such that healthy native plant communities can grow and mature over time; and 2392 (iii) The mitigation shall be informed by pertinent scientific and technical studies, including but 2393 not limited to the Shoreline Inventory and Characterization Report (Final – Revised November 2394 2008), the Shoreline Restoration Plan (Final October 2008) and other background studies 2395 prepared in support of this program; and 2396 (iv) The mitigation shall replace the functions as quickly as possible following the impacts to 2397 ensure no net loss; and 2398 (v) The mitigation activity shall be monitored and maintained to ensure that it achieves its 2399 intended functions and values. The monitoring timeframes shall be consistent with JCCthe 2400 shoreline critical area provisions of this program, including JCC 18.22.740. 2401 (vi) The county shall require the applicant/proponent to post a bond or provide other financial 2402 surety equal to the estimated cost of the mitigation in order to ensure the mitigation is carried 2403 out successfully. The bond/surety shall be refunded to the applicant/proponent upon 2404 completion of the mitigation activity and any required monitoring. 2405 (g) Mitigation credit. To encourage shoreline property owners to remove bulkheads and perform 2406 other beneficial shoreline restoration actions in advance of shoreline development or 2407 redevelopment, the county may give mitigation credit to any beneficial restoration action that 2408 occurred within five years of the proposed development/redevelopment activity; provided, that: 2409 Commented [AS96]: Edit made per Ecology recommendation 15 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 73/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) The applicant/property owner can provide conclusive evidence of the pre- and post-2410 restoration conditions using photographs, reports, plans, affidavits, or similar evidence; 2411 (ii) The county can confirm via site inspection, photographs, affidavits or other evidence that 2412 the restoration actions have improved shoreline conditions; and 2413 (iii) The applicant/property owner provides assurances that the restoration area will be 2414 maintained in perpetuity. The assurance can be in the form of a notice on title, conservation 2415 easement, or similar mechanism. 2416 (h) Compensatory mitigation measures shall occur in the vicinity of the impact or at an alternative 2417 location within the same watershed or appropriate section of marine shoreline (e.g., reach or drift 2418 cell) that provides greater and more sustainable ecological benefits. When determining whether 2419 off-site mitigation provides greater and more sustainable benefits, the county shall consider limiting 2420 factors, critical habitat needs, and other factors identified by the locally adopted shoreline 2421 restoration plan (October 2008 or as updated), or an approved watershed or comprehensive 2422 resource management plan. The county may also approve use of alternative mitigation practices 2423 such as in-lieu fee programs, certified mitigation banks, and other similar approaches, provided they 2424 have been approved and sanctioned by the Department of Ecology, the Puget Sound Partnership, 2425 the Washington Department of Fish and Wildlife or the U.S. Army Corps of Engineers.. 2426 (i) Land that is constrained by critical areas and/or buffers shall not be subdivided to create parcels 2427 that are only buildable through a shoreline variance or would be considered nonconforming. 2428 (3) Regulations – Cumulative Impacts. 2429 (a) The county shall consider the cumulative impacts of individual uses and developments, including 2430 preferred uses and uses that are exempt from permit requirements, when determining whether a 2431 proposed use or development could cause a net loss of ecological functions. 2432 (b) The county shall have the authority to require the applicant/proponent to prepare special 2433 studies, assessments and analyses as necessary to identify and address cumulative impacts 2434 including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, and 2435 other shoreline attributes. 2436 (c) Proponents of shoreline use and development shall take the following factors into account when 2437 assessing cumulative impacts: 2438 (i) Current ecological functions and human factors influencing shoreline natural processes; and 2439 (ii) Reasonably foreseeable future use and development of the shoreline; and 2440 (iii) Beneficial effects of any established regulatory programs under other local, state, and 2441 federal laws; and 2442 (iv) Mitigation measures implemented in conjunction with the proposed project to avoid, 2443 reduce and/or compensate for adverse impacts. 2444 Commented [LG97]: Clarification per WDFW responses. Commented [LG98]: 2009 b Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 74/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) The county shall prohibit any use or development that will result in unmitigated cumulative 2445 impacts. 2446 (4) Regulations – Critical Areas and Shoreline Buffers. 2447 (a) Critical areas provisions of Chapter 18.22 JCC, dated March 17, 200810, 2020 (Ordinance No. 03-2448 0317-08), and further amended in May 2009 (Ordinance No. 06-0511-09), and August 2010 (Ordinance No. 2449 04-0809-1005-0310-20) are hereby incorporated by reference to become shoreline provisions of this 2450 program; however, the following exceptions shall prevail for actions occurring within shoreline 2451 jurisdiction: 2452 (i) All provisions listed in subsections (4)(b) through (l) and (5)(a) through (d) of this section (e.g., 2453 building setback, buffers, CASPs, reasonable use, nonconforming lots, water-oriented use/development) 2454 and provisions found in JCC 18.25.660 (i.e., nonconforming development), shall be governed by this 2455 program and not Chapter 18.22 JCC; and 2456 (ii) Sections of Chapter 18.22 JCC, Article II of this chapter and other sections of JCC Title 18 regarding 2457 permit process, administrative, nonconforming use, appeal, and enforcement provisions within shoreline 2458 jurisdiction shall be governed by this program and not Chapter 18.22 JCC. 2459 (i) JCC 18.22.230 (General exemptions) shall only apply in shoreline jurisdiction as allowed by 2460 JCC 18.25.560 (Exemptions listed) and other applicable provisions of this program; 2461 (ii) JCC 18.22.240 (Nonconforming uses and structures) shall only apply in shoreline jurisdiction 2462 as allowed by JCC 18.25.270 (Critical areas, shoreline buffers, and ecological protection), JCC 2463 18.25.660 (Nonconforming development), and other applicable provisions of this program; 2464 (iii) JCC 18.22.250 (Variance) shall only apply in shoreline jurisdiction as allowed by JCC 2465 18.25.580 (Variance permit criteria) and other applicable provisions of this program; 2466 (iv) JCC 18.22.260 (Reasonable economic use exceptions) shall not apply in shoreline 2467 jurisdiction; deviation from required buffers shall only be as specifically allowed by applicable 2468 provisions of this program or by shoreline variance per JCC 18.25.580; 2469 (v) JCC 18.22.530(8)(b) (Geologically hazardous areas, building setback) shall not apply in 2470 shoreline jurisdiction, and is replaced by JCC 18.25.270(4)(d) and other applicable provisions of 2471 this program; 2472 (vi) JCC 18.22.630(5)(b) (Fish and wildlife habitat conservation areas, prescriptive buffers) Table 2473 18.22.630(1): Stream Buffers for Type “S” - Shoreline Streams, and Table 18.22.630(2): Buffers 2474 for Other FWHCAs (i.e. shoreline lakes, and marine waters) shall not apply, and are replaced by 2475 the standard buffers in JCC 18.25.270(4)(e) and other applicable provisions of this program; 2476 (vii) JCC 18.22.710(1) (Wetland delineation) shall only apply in shoreline jurisdiction when in 2477 accordance with the approved federal wetland delineation manual and applicable regional 2478 supplements. (b) In the event the shoreline critical area development or performance standards 2479 established in Chapter 18.22 JCC(4)(a) above are internally inconsistent with other standards and 2480 requirements in this program, this program shall govern.the provisions most protective of shoreline 2481 and critical area resources and/or that best implement the policies of the SMA shall prevail.. 2482 Commented [LG99]: Staff Docket/Code Interpretations - SMP//CAO clarification Commented [LG100]: Response to Comment: 12.7 Commented [AS101]: Edits to (4)(a) and (b) made per Ecology recommendation 15 and required change 4 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 75/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) Unless otherwise specified in this program, a shoreline buffer zone shall be established landward 2483 of all shorelines of the state to protect and maintain ecological functions and processes and to 2484 minimize risks to human health and safety. Critical area buffers shall apply to all critical areas 2485 located in the shoreline jurisdiction. All buffers shall be maintained in a predominantly natural, 2486 undisturbed, undeveloped, and vegetated condition. Buffers shall not extend across lawfully 2487 established paved roads or hardened surfaces to include areas which are functionally isolated from 2488 the shoreline or critical area. See Section JCC 18.25.300 for required building setbacks from 2489 shoreline and critical area buffers. 2490 (d) Building Setback. As established in Chapter 18.22 JCC, all new uses and developments, including preferred 2491 uses and uses exempt from shoreline permit requirements, shall be located landward of the standard buffer plus 2492 a 10-foot-wide building setback unless otherwise specified in this program. 2493 (e) Standard Buffer. The standard(d) Standard Shoreline Buffer. The standard shoreline buffer shall be 2494 measured landward in a horizontal direction perpendicular to the ordinary high water mark 2495 (OHWM) of the shoreline water body, and is a three dimensional space that includes the airspace 2496 above, as follows: 2497 (i) Marine Shores. A minimum buffer of 150 feet shall be maintained in all shoreline 2498 environments. 2499 (ii) Lake Shores. A minimum buffer of 100 feet shall be maintained in all shoreline 2500 environments. 2501 (iii) Stream/River Shores. A minimum buffer of 150 feet shall be maintained in all shoreline 2502 environments. 2503 (f)(e) Pre-existing Shoreline Buffer/Setback. The county shall recognize and apply a buffer and/or 2504 setback specifically established for the subject lot/parcel by ana legal existing plat, preliminary plat, 2505 unexpired issued permit, binding site plan (BSP), site plan approval advance determination (SPAAD), or a 2506 development agreement that is consistent with Chapter 36.70B RCW shall prevail over the standard 2507 buffer and/or setback required by this program. When less than the standard distance, a pre-2508 existing buffer may be averaged as allowed by this program, but not be further reduced without a 2509 variance. 2510 (gf) Multiple Buffers. In the event that buffers for any shorelines and/or critical areas are contiguous 2511 or overlapping, the landward-most edge of all such buffers and setbacks shall apply. 2512 (hg) Buffer Condition. The area within a required shoreline buffer shall be kept in a sufficiently 2513 vegetated condition so as to ensure it protects and maintains the existing ecological functions. 2514 Existing native vegetation shall be retained, and planting of native vegetation is preferred. 2515 (ih) Buffer Usage. When located to avoid areas of noted sensitivity and habitat, an area shall be 2516 permitted for “active use” within an approved buffer, provided the area does not exceed the 2517 greater of 20 percent of the required buffer area or is configured to span at least 15 linear feet of the 2518 water frontage, whichever is greater.. “Active use” of a buffer may include minor vegetation alteration 2519 for lawn, views, or a pervious trail/pathway per JCC 18.25.310, and necessarily sited portions of an 2520 accessory utility, boating facility or beach access structure per JCC 18.25.270(5)(d) and other 2521 Commented [AS102]: Edit made to reduce redundant establishment of building setback (also in 300(2)) per Ecology recommended change 16 (9/30/22) Commented [AS103]: 4(d) relocated per Ecology recommended change 16 (9/30/22) Commented [LG104]: Staff Docket/Code Interpretations refer to shorelines to avoid confusion with critical area buffers Commented [LG105]: Response to Comment 12.5. Commented [AS106]: Edits made per Ecology recommended change 16 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 76/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. applicable provisions. ‘Active use’ does not include a patio, detached deck, gazebo, outdoor kitchen, 2522 garden hardscaping, shed/storage, or other impervious surfaces or structural improvements. Such 2523 allowed ‘active use’ features should be clustered to minimize buffer impacts. This regulation shall 2524 not apply retroactively to legal pre-existing uses or structures except when new use or development 2525 is proposed. Applicant shall clearly describe any proposed ‘active use’ features and accurately 2526 depict them in the site plan. 2527 (ji) Buffer Reduction or Averaging. Proposals that request a decrease in the standard shoreline 2528 buffer of this program shall not require a shoreline variance if all of the shoreline critical area 2529 approval criteria in JCC 18.22.640(1) and (2) are met. All other shoreline buffer reduction or 2530 shoreline buffer averaging proposals shall require a shoreline variance. 2531 (kj) Increased Buffers. An increase in buffer width shall be required upon determination that the 2532 development would be: 2533 (i) Susceptible to severe erosion resulting in adverse impacts to the shoreline; or 2534 (ii) Susceptible to health and safety risks caused by stream or river channel migration; or 2535 (iii) Susceptible to health and safety risks caused by flooding – from sea, river/stream; or 2536 (iv) On steeply sloped (greater than 25 percent) land adjacent to the ordinary high water mark. 2537 (lk) Alternative Protection via Critical Areas Stewardship Plans (CASPs). If a proponent of a shoreline 2538 use or development proposes to modify the standard shoreline buffer width requirement of an SMA-2539 regulated waterbody using the CASP standards of this program described in Article IX of ChapterJCC 2540 18.22 JCC.965, such buffer modification shall require a shoreline variance. If the proposed CASP 2541 buffer modification is for a wetland or fish and wildlife habitat conservation area that is physically 2542 separated from the SMA-regulated waterbody, no shoreline variance shall be required. 2543 (5) Regulations – Exceptions to Critical Area and Shoreline Buffer Standards. 2544 (a) Nonconforming Lots – Development Allowed without a Variance (Modest Home Provision). New 2545 singleSingle-family development, either new or replaced, on any legal a nonconforming lot in 2546 shoreline jurisdiction that is nonconforming with respect to the required buffer standards may be allowed 2547 encroach into the standard shoreline buffer without a shoreline variance when: 2548 (i) The lot is nonconforming as defined by this program at JCC 18.25.100 (14)(h) and the depth 2549 of the lot (distance from the ordinary high water mark to the inside edge of the frontage setback) is equal 2550 to or less than the standard shoreline buffer as indicated in , setbacks, and dimensions required 2551 by subsection JCC 18.25.100(14)(h) and (4)(e) of this section; and 2552 (ii) The building area lying landward of the shoreline buffer and interior to required sideyard setbacks as 2553 defined in JCC 18.25.100(x)(iii) is not more than 2,500 square feet and, the driveway is not 2554 more than 1,100 square feet. , and both meet required side yard and/or frontage setbacks 2555 unless varied under (v) below. The driveway may traverse the frontage setback to provide 2556 access in a practicable and efficient manner. The building area means the entire area that will 2557 Commented [LG107]: Response to Comment: 15. Commented [AS108]: Edits made per Ecology recommended change 16 (9/30/22) Commented [AS109]: Edits made per Ecology recommended change 14 (9/30/22) Commented [AS110]: Edits made per Ecology recommended change 17 and required changes 4 and 5 (9/30/22). Commented [AS111]: Edits to (5)(a) made per Ecology recommended change 18 (9/30/22). Commented [LG112]: Staff Docket/Code Interpretations Commented [LG113]: Response to Comment: 12.3 (related / similar language). Commented [LG114]: Consultant suggestion - refer to building envelope definition under which building area is defined. Commented [LG115]: Consultant comment: Added since a driveway has to cross to provide access. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 77/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. be disturbed to construct the home, normal appurtenances (except drainfields), and 2558 landscaping; and 2559 (iii) All single-family residences approved under this section shall not extend waterward of the 2560 common-line buffer as defined in subsection (b) of this section; and 2561 (iv) Appropriate measures are taken to mitigate all adverse impacts, including using low impact 2562 development measures such as pervious pavement for driveways and other hard surfaces; and 2563 (v) Opportunities to average or reduce the standard shoreline buffer per (4)(j) above, and/or to 2564 vary the side yard and/or frontage setbacks are implemented to alleviate or reduce the 2565 nonconformity when doing so will not create a hazardous condition or a condition that is 2566 inconsistent with this program and Chapter 18.30 JCC; and 2567 (vi) The residence is located in the least environmentally damaging location relative to the 2568 shoreline and any critical areas; and 2569 (vii) There is no opportunity to consolidate lots under common ownership that will alleviate the 2570 nonconformity; and 2571 (viii) The lot is not subject to geologic hazards and is not a no-bank marine shoreline at risk for 2572 impacts of sea level rise; and 2573 (ix) All(ix) The standard shoreline buffer is reduced by the minimum necessary to ensure that 2574 all structures are as far landward as possible and not closer than 30 feet from the ordinary high 2575 water mark. The standard building setback of JCC 18.25.300 still applies to the reduced buffer; 2576 and 2577 (x) At least 80 percent of the remaining buffer area between the structures and the shoreline 2578 and/or critical area is maintained in a naturally vegetated condition. 2579 ( or, if not fully vegetated, enhanced by planting native vegetation per the planting standards of JCC 2580 18.25.660.(b) Nonconforming Lots – Common Line Buffer. For the purpose of accommodating 2581 shoreline views to be adequate and comparable to adjacent residences, but not necessarily 2582 equivalent, the administrator may reduce the standard buffer for a new single-family residence on 2583 nonconforming lots consistent with the following criteriaconforming lots, as defined by this program at 2584 JCC 18.25.100. The reduced buffer shall be no less than 75% of the standard buffer measured from 2585 the ordinary high water mark, or no less than 30 feet if through a special report prepared by a 2586 qualified professional that there will be no net loss of shoreline ecological function2, and a standard 2587 building setback per JCC 18.25.300 shall apply, consistent with the following criteria: 2588 2 If Common Line is distinct and now allowed for conforming lots and Modest Home is for nonconforming lots, the distance for Common Line could be 75% of standard shoreline buffer similar to the Critical Areas Ordinance at 18.22.640 which allows for case by case review of going less than 75% with a report demonstrating no net loss of ecological function. Commented [AS116]: Edits to (5)(b) made per Ecology recommended change 19 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 78/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) The proposed residence must be located within 3001503 feet of an adjacent legally 2589 established single-family residential primary structure constructed prior to adoption of this 2590 program that encroaches on the standard buffer. The mere presence of nearby shacks, sheds or 2591 dilapidated buildings does not constitute the existence of a residence, nor can such structures 2592 be used to determine a common line buffer. The nearest corners of the adjacent residences are 2593 those closest to the side-yard property line of the proposed residence. 2594 (ii) Existing Homes on Both Sides. Where there are existing residences adjacent on both sides of 2595 the proposed residence, the buffer shall be determined as the greater of either (A) a common 2596 line drawn between the nearest corners of each adjacent residence (see Figure 18.25.270(1)), 2597 or (B) a common line calculated by the average of both adjacent residences’ existing setbacks 2598 (i.e., (y+z)/2=x buffer; see Figure 18.25.270(2)). 2599 (iii) Existing Home on One Side. Where there is only one existing residence adjacent to the 2600 proposed residence, the common line buffer shall be determined as the greater of either (A) a 2601 common line drawn between nearest corner of the foundation for the adjacent residence and 2602 the nearest point of the standard buffer on the adjacent vacant lot (see Figure 18.25.270(3)), or 2603 (B) a common line calculated by the average of the adjacent residence’s setback and the 2604 standard buffer for the adjacent vacant lot (i.e., (y+z)/2=x buffer; see Figure 18.25.270(4)). 2605 (iv) Figures 18.25.270(1) through (4) illustrate examples of the common line buffer allowance. 2606 When discrepancy between the text and the graphic exists, the text shall govern. Graphics are 2607 for illustration only, buffer shall be measured perpendicularly from the ordinary high water 2608 mark as per this section. 2609 3 Similar to Ecology Shoreline Handbook and other example SMPs: https://apps.ecology.wa.gov/publications/parts/1106010part11.pdf. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 79/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Figures 18.25.270(1) – (4) 2610 Figure 18.25.270(1) 2611 2612 2613 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 80/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Figure 18.25.270(2) 2614 2615 2616 Figure 18.25.270(3) 2617 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 81/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 2618 2619 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 82/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Figure 18.25.270(4) 2620 2621 2622 (c) Nonconforming Lots – Development Requiring a Variance. Development on nonconforming lots 2623 that do not meet the requirements of subsection (5)(a) or (b) of this section require a shoreline 2624 variance. 2625 (d) Water-Oriented Uses/Development. When otherwise consistent with this program and Chapter 2626 18.22 JCC, the following water-oriented uses/developments may be permitted within a shoreline 2627 buffer without a shoreline variance. The amount and extent of buffer modification shall be the 2628 minimum needed to accommodate the allowed use/development. This allowance for water-2629 oriented uses/developments within shoreline buffers without a shoreline variance may apply to the 2630 primary use and/or to the following accessory uses/structures: 2631 (i) Primary uses and structures that meet the definition of a water-dependent or water-related 2632 use/development as defined in Article II of this chapter. 2633 Commented [AS117]: Edit made per Ecology required change 4 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 83/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Boating facilities accessory to a single-family residential development including rails, docks, 2634 piers and floats; 2635 (iii) Boathouses accessory to a single-family residential development; provided, that all of the 2636 following are met: 2637 (A) The boathouse is used to store watercraft and shall not be used as or converted to a 2638 dwelling unit. The county shall require a notice on title indicating such; and 2639 (B) The boathouse has a maximum footprint of 300 square feet and a maximum height of 15 2640 feet above average grade; and 2641 (C) The primary doorway/entryway faces the water; and 2642 (D) The structure is located entirely landward of the ordinary high water mark. 2643 (iv) Public or private beach access structures accessory to residential, commercial, industrial, 2644 port or other allowed uses/development; and 2645 (v) Public access structures, including but not limited to docks, piers, floats; and 2646 (vi) Certain utilities and essential public facilities as allowed by the shoreline critical area 2647 provisions specified in JCC 18.25.530. [Ord. 7-13 Exh. A (Art. VI § 1)])] 2648 (e) Nonconforming Septic Replacement. The replacement of an existing on-site sewage (OSS; or 2649 ‘septic’) system located in the buffer may be authorized as normal repair and maintenance if all the 2650 following criteria are met: 2651 (i) The existing 0SS system qualifies as a legal nonconforming structure as defined in this 2652 Program; 2653 (ii) The proposed replacement is necessary to prevent the decline, lapse, or cessation from a 2654 lawfully established condition; 2655 (iii) New tank, drainfield and reserve drainfield areas are sited to pose the least intrusive 2656 location given system design constraints and site constraints, including but not limited to 2657 existing legal development, critical areas, and topographical constraints; 2658 (iv) The new 0SS system is for replacement of a damaged/failed 0SS system with the equivalent 2659 capacity of the nonconforming system and is comparable in size, shape, and configuration; and 2660 iv) The replacement system does not increase the degree of nonconformity, except when 2661 design elements are necessary to improve environmental conditions; and 2662 (vi) The footprint of the replacement system, including all components such as tank, drainfield, 2663 and reserve area, is counted toward the ‘active use area’ of the buffer per subsection (4)(i) of 2664 this section. 2665 Commented [AS118]: Edits made per Ecology required change 4 (9/30/22) Commented [LG119]: Code Interpretation #1 Commented [LG120]: Response to Comment: 12.10. Commented [LG121]: Response to ECY REQ-6 and Rec-20 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 84/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) Stormwater Facilities. Stormwater facilities are development and may be considered part of the 2666 primary use when located on site as an accessory utility feature, as defined by this program. When 2667 location outside the shoreline buffer is infeasible, Administrator may allow stormwater facilities to 2668 locate in the buffer only as follows: 2669 (i) Applicant must demonstrate: 2670 A. The stormwater facility is either: a normal appurtenance for an SDP exempt single-2671 family residential structure; or a utility serving a new, existing legal, or legal-2672 nonconforming primary use; and 2673 B. Conveyance, discharge and/or infiltration cannot be accommodated on site landward 2674 of the buffer consistent with shoreline critical area protection standards for erosion 2675 control. This shall be substantiated by a geotechnical report and/or engineered 2676 stormwater plan. Per JCC 18.30.070(a), a stand-alone engineered stormwater plan 2677 prepared by a geotechnical professional who meets the qualifications in JCC 18.10.070 2678 may be accepted by the administrator; and 2679 C. Any stormwater improvement is otherwise consistent with shoreline critical area 2680 protection standards. This shall be substantiated by a critical areas special report 2681 approved by the administrator; and 2682 D. The footprint of the new or improved stormwater facility is counted toward the 2683 ‘active use area’ of the buffer per subsection (4)(i) of this section. 2684 (ii) Conveyance/Discharge – Stormwater tightline and outfall pipes shall be designed and 2685 installed to meet the following criteria: 2686 A. Qualified Professional. Location within the shoreline buffer and/or within a 2687 geologically hazardous area buffer if a qualified geotechnical or stormwater 2688 engineer submits a signed and stamped report with supporting analysis that 2689 recommends locating such development within the buffer; 2690 B. Above Ground. Installation to be principally above ground and landward of the 2691 ordinary high water mark; and 2692 C. Minimize vegetation and soil disturbance. Installation shall include restoration or 2693 enhancement of native vegetation and limit the use of surface anchors. Use of hard 2694 armor shall be prohibited to ensure scour protection. 2695 (iii). Improvements to Existing – Improvements to retrofit or replace an existing stormwater 2696 facility in the buffer that is failing, damaged, substandard, or non-conforming may be authorized 2697 as normal repair when all of the following criteria are met: 2698 A. Applicant demonstrated that replacement is the needed repair, and how retrofitting 2699 or a comparable replacement will improve consistency with current stormwater 2700 standards, especially low impact development techniques, and avoid future 2701 shoreline erosion, vegetation disturbance, and habitat damage; 2702 B. Redesign and reconstruction ensure the replacement will not further encroach the 2703 shoreline buffer or a critical area buffer specified by a geotechnical report; and 2704 C. When a replacement is processed per JCC 18.25.550, such as statements of 2705 exemption shall contain conditions and/or mitigating performance measures per 2706 JCC 18.25.270 to achieve consistency and compliance with the provisions of this 2707 program and Act. 2708 (iv). When allowed to located in the buffer as described above: 2709 Commented [LG122]: Response to ECY REQ-7 and Rec-15 and -21 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 85/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. A. The footprint shall count towards the ‘active use’ area allowed by JCC 2710 18.25.270(4)(i) Buffer Usage; and 2711 B. The stormwater facility may also locate in and/or pass through the required building 2712 setback. 2713 2714 18.25.280 Historic, archaeological, cultural, scientific and educational resources. 2715 (1) Policies. 2716 (a) Historic, archaeological, cultural, scientific and educational (HACSE) sites and resources should 2717 be protected, preserved, and where possible, restored. All use and development on sites containing 2718 HACSE resources should be planned and carried out so as to prevent adverse impacts to the 2719 resource(s). 2720 (b) To prevent adverse impacts on HACSE resources, proponents of all new shoreline use and 2721 development should consult the county department of community development prior to beginning 2722 any project or activity. 2723 (c) Tribal, federal, state, educational institutions and local governments should cooperate to 2724 maintain an inventory of all known significant local HACSE sites and resources. 2725 (d) The location of historic, cultural and/or archaeological sites/resources should not be disclosed to 2726 the general public, consistent with applicable state and federal laws. 2727 (e) When HACSE sites/resources occur on public lands they should be accessible to the public and 2728 used for research or educational purposes consistent with the public access provisions of this 2729 program and applicable tribal access policies. Private owners of HACSE sites/resources are 2730 encouraged to provide access and educational opportunities when appropriate. 2731 (f) If development is proposed adjacent to an identified HACSE site/resource, then the proposed 2732 development should be designed and operated so as to be compatible with continued protection of 2733 the site/resource. 2734 (2) Regulations – General Regulations. 2735 (a) Proponents of new shoreline use and development, including preferred uses and uses exempt 2736 from permit requirements, shall: 2737 (i) Preserve and protect historic, archaeological and cultural resources that are recorded by the 2738 Washington State Department of Archaeology and Historic Preservation and resources that are 2739 inadvertently discovered during use or development activities; and 2740 (ii) Consult the county department of community development, the Washington State 2741 Department of Archaeology and Historic Preservation, affected tribes, and/or other 2742 appropriate agencies prior to beginning development so there is ample time to assess the site 2743 and make arrangements to preserve historical, cultural and archaeological resources; and 2744 (iii) Comply with all state and federal regulations pertaining to archaeological sites. 2745 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 86/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) All feasible means shall be employed to ensure that data, structures, and sites having historical, 2746 archaeological, cultural, scientific, or educational significance are preserved, extracted, or used in a 2747 manner commensurate with their importance. 2748 (c) Excavations for archaeological investigations or data recovery may be permitted subject to the 2749 provisions of this program. 2750 (d) The county shall prohibit any use or development that poses a threat to a HACSE resource. 2751 Alternatively the county shall require the development to be postponed to allow for: 2752 (i) Coordination with potentially affected tribes and/or the State Department of Archaeology 2753 and Historic Preservation; and/or 2754 (ii) Investigation of public acquisition potential; and/or 2755 (iii) Retrieval and preservation of significant artifacts. 2756 (3) Regulations – Procedural Requirements. 2757 (a) When the county receives a permit application or request for a statement of exemption for 2758 development on a property within 500 feet of a known or probable historic, archaeological, or 2759 cultural site, the county shall: 2760 (i) Notify and inform affected tribes and agencies such as the State Department of Archaeology 2761 and Historic Preservation of the proposed activity including timing, location, scope, and 2762 resources affected; and 2763 (ii) Require the applicant to provide a cultural resource site assessment prior to development 2764 unless the administrator determines that the proposed development activities do not include 2765 any ground disturbing activities and will not impact a known HACSE site/resource. 2766 (b) If a cultural resource site assessment identifies the presence of significant historic or 2767 archaeological resources, a cultural resource management plan (CRMP) shall be required. The plan 2768 shall include: 2769 (i) An analysis of actions to be taken by the property owner, developer, archaeologist, or 2770 historic preservation professional, in the event that an inadvertent discovery of historic, 2771 archaeological, or cultural sites or artifacts occurs during site development; and 2772 (ii) An explanation of why the proposed activity requires a location on, or access across and/or 2773 through, a significant historic or archaeological resource; and 2774 (iii) A description of the historic/archaeological resources affected by the proposal; and 2775 (iv) An assessment of the historic/archaeological resource and an analysis of the potential 2776 adverse impacts as a result of the activity; and 2777 (v) Recommended measures to prevent adverse impacts; and 2778 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 87/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (vi) Comments from the Washington State Department of Archaeology and Historic 2779 Preservation, and affected tribes. 2780 (c) Site assessments and CRMPs required by this section shall be prepared by a professional 2781 archaeologist or historic preservation professional, as applicable. The landowner or project 2782 proponent shall be responsible for any professional service fees. 2783 (d) The administrator may reject or request revision of the conclusions reached in a CRMP when 2784 she/he can demonstrate that the assessment is inaccurate or does not fully address the 2785 management concerns involved. 2786 (e) Where public access is provided to any private or publicly owned building or structure of 2787 historic, archaeological or cultural significance, a public access management plan shall be developed 2788 in consultation with the Washington State Department of Archaeology and Historic Preservation, 2789 affected tribes and/or other agencies, to address the following: 2790 (i) The type and/or level of public access that is consistent with the long-term protection of 2791 both historic resource values and shoreline ecological functions and processes; and 2792 (ii) Types and location of interpretative signs, displays and other educational materials; and 2793 (iii) Site- and resource-specific conditions, including hours of operation, interpretive and/or 2794 directional signage, lighting, pedestrian access, and/or traffic and parking. 2795 (f) If any phenomena of possible historic, archaeological and/or cultural interest are inadvertently 2796 discovered during any new shoreline use or development, the proponent shall immediately stop 2797 work and comply with all of the following: 2798 (i) Notify the county department of community development, Washington State Department of 2799 Archaeology and Historic Preservation, affected tribes, and other appropriate agencies; 2800 (ii) Prepare a site assessment pursuant to this section to determine the significance of the 2801 discovery and the extent of damage to the resource; 2802 (iii) Distribute the site assessment to the Washington State Department of Archaeology and 2803 Historic Preservation and affected tribes for a 30-day review to determine the significance of 2804 the discovery; 2805 (iv) Maintain the work stoppage until the county determines that the site is considered 2806 significant by the above listed agencies or governments, or if the above listed agencies or 2807 governments have failed to respond within the applicable review period following receipt of 2808 the site assessment; and 2809 (v) Prepare a CRMP pursuant to this section if the county determines that the site is significant. 2810 (g) Upon inadvertent discovery of human remains, the county sheriff, coroner, and State 2811 Department of Archaeology and Historic Preservation (DAHP) must be immediately notified. 2812 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 88/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (h) In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030 2813 necessitate rapid action to retrieve or preserve historic, archaeological and/or cultural resources, 2814 the project may be exempted from the requirement to obtain a permit. The county shall notify the 2815 State Department of Ecology, the State Attorney General’s Office, potentially affected tribes, and 2816 the State Department of Archaeology and Historic Preservation of such a waiver within 30 days of 2817 such action. [Ord. 7-13 Exh. A (Art. VI § 2)] 2818 18.25.290 Public access. 2819 (1) Policies. 2820 (a) Providing public access to public shorelines is a primary goal of the Shoreline Management Act. 2821 Jefferson County actively supports public and private efforts making better use of existing 2822 facilities/opportunities. Strategic efforts to find and fund new shoreline public access are 2823 encouraged to meet increasing demands by a growing populace. Increasing all types of public 2824 access is a priority for the county. 2825 (b) The county should prepare a comprehensive shoreline public access plan in cooperation with 2826 appropriate local, state, tribal and nongovernmental agencies/organizations, and the general public. 2827 (c) The county should work with appropriate agencies and individuals to acquire lands that can 2828 provide physical access to public waters for public use. 2829 (d) Shoreline development by public entities, such as local governments, port districts, state 2830 agencies, and public utility districts, should provide public access as part of each development 2831 project, unless such access is shown to be incompatible with this program due to reasons of safety, 2832 security, or adverse impacts to shoreline functions and processes. 2833 (e) Shoreline development by private entities should provide public access when the development 2834 would either generate a demand for one or more forms of such access, and/or would impair 2835 existing legal access opportunities or rights. 2836 (f) Single-family residential developments with four or fewer lots/units should not be required to 2837 provide public access. 2838 (g) Public health and safety concerns associated with public access sites should be adequately 2839 mitigated and appropriate precautions taken to prevent adverse impacts on shoreline ecological 2840 functions and/or processes. 2841 (h) Efforts to implement the public access provisions of this section should be consistent with all 2842 relevant constitutional and other legal limitations on regulation of private property. 2843 (i) Public access requirements on privately owned lands should be commensurate with the scale and 2844 character of the development and should be reasonable, effective and fair to all affected parties 2845 including but not limited to the landowner and the public. 2846 (j) Where feasible, providers of shoreline public access should: 2847 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 89/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Locate and design public access improvements in a manner that is compatible with the 2848 natural shoreline character and avoids adverse impacts to shoreline ecological functions and 2849 processes; and 2850 (ii) Ensure public access improvements and amenities are safe, respect individual privacy, and 2851 avoid or minimize visual impacts from neighboring properties; and 2852 (iii) Provide maps and orientation information to inform the public of the presence and location 2853 of privately held tidelands, especially those adjacent to public access and recreational areas; 2854 and 2855 (iv) Incorporate programs, signage and informational kiosks into public access locations, where 2856 appropriate, to enhance public education and appreciation of shoreline ecology and areas of 2857 historical or cultural significance. 2858 (2) Regulations. 2859 (a) Single-family residential developments consisting of four or fewer residential lots or dwelling 2860 units shall not be required to provide public access. 2861 (b) Opportunities to provide visual and/or physical public access shall be considered during the 2862 review and conditioning of all proposed commercial and industrial shoreline developments and 2863 residential developments involving more than four residential lots or dwelling units. 2864 (c) Physical public access shall be incorporated into all development proposals on public lands, all 2865 public and private commercial and industrial uses/developments, and all residential subdivisions of 2866 greater than four lots unless the project proponent demonstrates that any of the following 2867 conditions exist: 2868 (i) Unavoidable public health or safety hazards exist and cannot be prevented through 2869 reasonable means; or 2870 (ii) The use/development has inherent security or cultural sensitivity requirements that cannot 2871 be mitigated though reasonable design measures or other solutions; or 2872 (iii) The cost of providing the access, easement or an alternative amenity is disproportionate to 2873 the total long-term cost of the proposed development; or 2874 (iv) The public access will cause unacceptable environmental impacts that cannot be mitigated; 2875 or 2876 (v) The access would create significant, undue, and unavoidable conflicts with adjacent uses 2877 that cannot be mitigated. 2878 (d) To be exempt from the public access requirements in subsection (2)(c) of this section, the 2879 project proponent must demonstrate that all feasible alternatives have been considered, including, 2880 but not necessarily limited to: 2881 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 90/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Regulating access through means such as maintaining a gate and/or limiting hours of use; 2882 and 2883 (ii) Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, 2884 landscaping, etc.). 2885 (e) When physical public access is deemed to be infeasible based on considerations listed in 2886 subsection (2)(c) of this section, the proponent shall provide visual access to the shore or provide 2887 physical access at an off-site location geographically separated from the proposed 2888 use/developmental (e.g., a street end, vista, or trail system). 2889 (f) Public access shall be located and designed to be compatible with the natural shoreline 2890 character, to avoid adverse impacts to shoreline ecological functions and processes, and to ensure 2891 public safety. 2892 (g) When otherwise consistent with this program, public access structures shall be exempt from the 2893 shoreline buffer requirements of this program, meaning that such structures shall be allowed to 2894 encroach into the shoreline buffer when necessary to provide physical and/or visual access to the 2895 water’s edge. 2896 (h) Public shoreline access provided by public road ends, public road rights-of-way, public utilities 2897 and rights-of-way shall not be diminished by the county, neighboring property owners, or other 2898 citizens, unless the property is zoned for industrial uses in accordance with RCW 36.87.130. 2899 (i) Public access sites shall be directly connected to the nearest public street and shall include 2900 improvements that conform to the requirements of the Americans with Disabilities Act (ADA) when 2901 feasible and appropriate. 2902 (j) Opportunities for boat-in public access and access to primitive shorelines not accessible by 2903 automobile shall be provided where feasible and appropriate. 2904 (k) When required for public land, commercial, port or industrial use/development as per 2905 subsections (2)(b) and (c) of this section, public access sites shall be fully developed and available 2906 for public use prior to final occupancy of such use or development. 2907 (l) Public access easements and permit conditions shall be recorded on the deed of title and/or the 2908 face of a short or long plat as a condition running, at a minimum, for a period contemporaneous 2909 with the duration of the authorized land use. Recordation shall occur at the time of final plat 2910 approval or prior to final occupancy. 2911 (m) The location of new public access sites shall be clearly identified. Signs with the appropriate 2912 agency’s logo shall be constructed, installed and maintained by the project proponent in 2913 conspicuous locations at public access sites and/or along common routes to public access sites. The 2914 signs shall indicate the public’s right of access, the hours of access, and other information as needed 2915 to control or limit access according to conditions of approval. [Ord. 7-13 Exh. A (Art. VI § 3)] 2916 18.25.300 Shoreline setbacks and height. 2917 (1) Policies. 2918 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 91/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Standards for density, setbacks, height, and other provisions should ensure no net loss of 2919 shoreline ecological functions and/or processes and preserve the existing character of the shoreline 2920 consistent with the purpose of the applicable shoreline environment designation. 2921 (b) Proponents of a development on no-bank or low bank marine shorelines are encouraged to 2922 locate the bottom of a structure’s foundation higher than the level of expected future sea-level rise. 2923 (2) Regulations. 2924 (a) A building setback of 10 feet shall be established on the landward edge of theall shoreline buffers 2925 required by this program. A building setback of 10 feet shall also apply to the shoreline critical area 2926 buffers, as established by JCC 18.25.270(4)(c). 2927 (b) Sideyard setbacks shall be measured from all property lines that intersect the shoreline side of a 2928 lot or tract. Five feet of the total required sideyard setbacks may be provided on one side and the balance on 2929 the other side. Sideyards shall be consistent in depth with underlying zoning requirements. 2930 (c) Height. Pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building 2931 or structure more than 35 feet above average grade level when such. The Administrator may allow a 2932 greater height will obstruct when the view of a substantial number of residences on or adjoining such 2933 shorelines. Height is measured according to the definition in Article II of this chapter. The project 2934 proponent shall be responsible for providingprovides sufficient information to the administrator to 2935 determine that such development will not obstruct views as described.demonstrate the taller 2936 building/structure: 2937 (i) will not obstruct the view of a substantial number of residences on or areas adjoining such 2938 shorelines; 2939 (ii) will serve the overriding consideration of the public interest; and 2940 (iii) is not expressly prohibited by this program. 2941 Height is measured according to the definition in Article II of this chapter. 2942 (d) Applicants seeking building heights greater than 35 feet in order to address sea level rise shall 2943 demonstrate that:4 2944 4 Add similar edit to zoning code: 18.30.050 Table 6-1. Density, Dimension and Open Space Standards Building Height7,8, 20 (feet) 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. Commented [AS123]: Edits made to (2) per Ecology recommended change 22 (9/30/22). Commented [LG124R123]: Suggestion to include "of 10- feet" because the cross reference JCC 18/25/270(4)(5) no longer includes that information about a 10- foot building setback from edge of a critical area or critical area buffer. Commented [LG125]: Cross ref - restoration 80% as rationale. Commented [LG126]: Staff Docket/Code Interpretations Commented [LG127]: SSDP instead 7/12/22, clarify new v existing Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 92/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) it is infeasible to otherwise retreat, accommodate, or protect the structure; 2945 (ii) the added height is no greater than that necessary to accommodate the projected sea level 2946 rise as determined by a qualified professional to the satisfaction of the Shoreline Administrator; 2947 and 2948 (iii) the added height will not obstruct the view of a substantial number of residences on or 2949 areas adjoining such shorelines. The County may require a visual impact analysis of views from 2950 various locations to determine if the shoreline view for adjacent properties will be significantly 2951 obstructed as part of a development proposal; and 2952 (iv) overriding consideration of the public interest will be served. 2953 (d) Power poles and transmission towers associated with allowed uses and developments are not 2954 subject to height limits but shall not be higher than necessary to achieve the intended purpose. 2955 [Ord. 7-13 Exh. A (Art. VI § 4)] 2956 18.25.310 Vegetation conservation. 2957 (1) Policies. 2958 (a) Maintaining native shoreline vegetation is an important goal of this program. The policies and 2959 regulations of this section are intended to ensure well-vegetated, stable shorelines that provide 2960 habitat and other ecological benefits and resemble natural, unaltered shorelines. 2961 (b) New uses and/or developments should be designed to preserve native shoreline vegetation to 2962 maintain shoreline ecological functions and processes and prevent direct, indirect and/or 2963 cumulative impacts of shoreline development. 2964 (c) New uses and/or developments should establish native shoreline vegetation such that the 2965 composition, structure, and density of the plant community resemble a natural, unaltered shoreline 2966 as much as possible. 2967 (d) Maintaining well-vegetated shorelines is preferred over clearing vegetation to create views or 2968 provide lawns. Limited and selective clearing for views and lawns may be allowed when slope 2969 stability and ecological functions are not compromised, but landowners should not assume that an 2970 unobstructed view of the water is guaranteed. Trimming and pruning are generally preferred over 2971 removal of native vegetation. Property owners are strongly encouraged to avoid or minimize the 2972 use of fertilizers, herbicides and pesticides. 2973 (e) Shoreline landowners are encouraged to preserve and enhance native woody vegetation and 2974 native groundcovers to stabilize soils and provide habitat. Maintaining native plant communities is 2975 preferred over nonnative ornamental plantings because native plants have greater ecological value. 2976 Nonnative vegetation that requires use of fertilizers, herbicides and/or pesticides is discouraged. 2977 (f) Prior to granting a shoreline permit or determining that a proposed use/development is exempt 2978 from permitting, the county should evaluate site plans to determine the extent to which the 2979 vegetation is conserved. As needed, the county may require special reports regarding vegetation 2980 and shall condition approval of new developments to ensure the following: 2981 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 93/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Native plant communities on marine, river, and lake shorelines are preserved; and 2982 (ii) Overhanging trees along shorelines are kept intact to provide shading and other ecological 2983 functions; and 2984 (iii) Established areas of native plants are preserved to maintain slope stability and prevent 2985 surface erosion; and 2986 (iv) Structures and associated development are placed in areas that avoid disturbance of 2987 established native plants, especially trees and shrubs; and 2988 (v) Clearing and grading near bluff edges and other erosion- or landslide-prone areas are 2989 minimized to prevent slope instability; and 2990 (vi) Shoreline development proposals should incorporate provisions for removing invasive or 2991 nonnative species and planting native species when doing so would improve ecological 2992 functions and processes. 2993 (2) Regulations. 2994 (a) Unless otherwise specified, all shoreline use and development, including preferred uses and uses 2995 exempt from permit requirements, shall comply with theall shoreline and critical area buffer 2996 provisions of this program and Chapter 18.22 JCC to protect and maintain shoreline vegetation. 2997 (b) Proponents of all new shoreline uses or developments shall demonstrate that site designs and 2998 layouts are consistent with the policies of this section to ensure shoreline functions, values, and 2999 processes are maintained and preserved. A shoreline permit or written statement of exemption 3000 shall not mandate, nor guarantee, unobstructed horizontal or lateral visibility of the water, 3001 shoreline or any specific feature near or far. 3002 (c) View Maintenance. Proponents of all new shoreline uses or developments shall use all feasible 3003 techniques to maximize retention of existing native shoreline vegetation while allowing for 3004 shoreline views. 3005 (i) Vegetation Trimming. Techniques shall include selective pruning, windowing and other 3006 measures that preserve native plant composition and structure. No more than 25 percent of a 3007 single tree’s leaf bearing crown may be removed and no more than 25 percent of the canopy 3008 cover of any stand of trees may be removed for view preservation. If additional trimming is 3009 requested in subsequent years, the cumulative removal may not exceed 25 percent. Limbing or 3010 crown thinning shall comply with Tree Care Industry Association pruning standards, unless the 3011 tree is a hazard tree as defined by this program. Tree topping is prohibited when main 3012 stem/trunk is over three inches diameter at breast height (DBH). 3013 (ii) Vegetation Removal. All vegetation removal within the buffer area must comply with JCC 3014 18.25.270(4)(h). In no instance shall vegetation removal exceed 20 percent of the required 3015 buffer area or 15 linear feet of the water frontage, whichever is greater. Outside the buffer, 3016 vegetation removal shall be the minimum necessary for maintaining shoreline views from the 3017 primary structure and to provide lawns or ground cover, ,and must comply with other applicable 3018 Commented [AS128]: Edit made per Ecology required change 4 (9/30/22). Commented [LG129]: Staff Docket/Code Interpretations Commented [LG130]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 94/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. requirements such as clearing and grading, forest practices, and protection standards for fish 3019 and wildlife habitat. 3020 (iii) The administrator may deny a request or condition approval of vegetation management 3021 proposals for view maintenance if it is determined the action will result in an adverse effect to 3022 any of the following: 3023 (A) Slope stability; 3024 (B) Habitat value; 3025 (C) Health of surrounding vegetation; 3026 (D) Risk of wind damage to surrounding vegetation; 3027 (E) Nearby surface or ground water; or 3028 (F) Water quality of a nearby water body. 3029 (d) Proponents of all new shoreline uses or developments shall maintainretain existing native 3030 shoreline vegetation to the maximum extent practicable, except that the following activities shall be 3031 exemptexcluded from this requirement: 3032 (i) Existing and ongoing agricultural activities on agricultural lands enrolled in the open space 3033 tax program for agriculture or on lands designated as agricultural lands of long-term 3034 commercial significance on the official map of Comprehensive Plan land use designations; 3035 (ii) Buffer enhancement by removal of noxious weeds, based on consultation with the Jefferson 3036 County noxious weed board, and/or planting native vegetation; 3037 (iii) MaintenanceNormal maintenance of existing residential landscaping, such as lawns and 3038 gardens, pursuant toconsistent with all applicable provisions of this Program, including JCC 3039 18.25.560 and JCC 18.22.230(4)(m);). Expansion of landscaping into a buffer area or other area 3040 of existing native vegetation is not normal maintenance; 3041 (iv) Maintenance trimming of the limbs or branches on a tree or shrub that has a main stem 3042 less than three inches in diameter at breast height (DBH);) for purposes other than view 3043 maintenance; 3044 (v) Construction of pervious surface trails for nonmotorized use, provided the trail is no wider 3045 than five feet and the vegetation trimming is limited to five feet on either side of the trail 3046 except where an arborist report indicates that additional vegetation trimming or removal is 3047 required for safety reasons; 3048 (vi) Harvest of wild crops that does not significantly affect the viability of the wild crop, or 3049 adversely affect shoreline functions of the area; 3050 (vii) Removal of a hazard tree, as defined in Article II of this chapter, where trimming is not 3051 sufficient to address the hazard. In such cases, the downed tree shall be retained on site to 3052 Commented [LG131]: Staff Docket/Code Interpretations This phrase seems out of place in this View Maintenance sub-section. Commented [AS132]: Edits made per Ecology recommended change 23 (9/30/22) Commented [LG133]: Staff Docket/Code Interpretations Commented [AS134]: Edits made per Ecology recommended change 15 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 95/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. provide wildlife habitat and enhance in-stream or marine habitat if present. The location of 3053 retained materials placed on site shall reflect firewise program guidance for defensible space 3054 and fire safety. Where not immediately apparent to the administrator, the hazard tree 3055 determination shall be made after review of a report prepared by an arborist or forester. 3056 (e) The county may impose conditions on new shoreline use and/or development as needed to 3057 prevent the introduction and spread of aquatic weeds. Aquatic weed removal and disposal shall 3058 occur in a manner that minimizes and mitigates adverse impacts to native plant communities and 3059 shoreline ecological functions. 3060 (f) When restoring or enhancing shoreline vegetation, proponents shall use native species approved 3061 by the county that are of a similar diversity, density, and type to that occurring in the general 3062 vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and 3063 maintained to ensure establishment of a healthy and sustainable native plant community over time. 3064 (g) The vegetation conservation regulations of this program do not apply to commercial forest 3065 practices as defined by Article II of this chapter when such activities are covered under the 3066 Washington State Forest Practices Act (Chapter 76.09 RCW). Where such activities are associated 3067 with a conversion of forest lands to other uses or other forest practice activities, the vegetation 3068 conservation requirements shall apply. 3069 (h) Vegetation conservation standards shall not apply retroactively to existing uses and 3070 developments, although property owners are strongly encouraged to voluntarily improve shoreline 3071 vegetation conditions over the long term. 3072 (i) Vegetative debris shall be properly managed by mulching/leaving in place as habitat and soil 3073 amendment, composting on-site, or removing and disposing of off-site. The dumping of vegetative 3074 debris, including grass clippings and yard waste, in shoreline areas is strongly discouraged, 3075 especially when slope stability and water quality would be threatened. 3076 (j) Vegetative debris in the buffer that creates a fire hazard to existing structures may be reduced by 3077 chipping if the chipped material is returned to the original location. Fallen tree trunks may not be 3078 removed or chipped. [Ord. 7-13 Exh. A (Art. VI § 5)] 3079 18.25.320 Water quality and quantity. 3080 (1) Policies. 3081 (a) The location, construction, operation, and maintenance of all shoreline uses and developments 3082 should maintain or enhance the quantity and quality of surface and ground water over the long 3083 term. 3084 (b) Shoreline use and development should minimize, through effective education, site planning and 3085 maintenance, the need for chemical fertilizers, pesticides, herbicides or other similar chemical 3086 treatments that could contaminate surface or ground water or cause adverse effects on shoreline 3087 ecological functions and values. 3088 Commented [LG135]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 96/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be 3089 provided and maintained in a manner that avoids the need for chemical treatment. 3090 (d) Potential adverse effects of agricultural activities on water quality should be minimized by 3091 implementing best management practices, buffers and other appropriate measures. 3092 (e) Effective erosion control and water-runoff treatment methods should be provided for all 3093 shoreline development and use in accordance with JCC 18.30.070. 3094 (f) Encourage pervious materials and other appropriate low impact development techniques where 3095 soils and geologic conditions are suitable and where such practices could reduce stormwater runoff. 3096 (2) Regulations. 3097 (a) All shoreline uses and activities shall use effective erosion control methods during both project 3098 construction and operation. At a minimum, effective erosion control methods shall require 3099 compliance with the current edition of the Department of Ecology’s Stormwater Management 3100 Manual, NPDES General Permit requirements, and the stormwater management provisions of JCC 3101 18.30.070. 3102 (b) To avoid water quality degradation by malfunctioning or failing septic systems located within 3103 shoreline jurisdiction, on-site sewage systems shall be located and designed to meet all applicable 3104 water quality, utility, and health standards. 3105 (c) All materials that may come in contact with water shall be composed of nontoxic materials, such 3106 as wood, concrete, approved plastic composites or steel, that will not adversely affect water quality 3107 or aquatic plants or animals. Materials used for decking or other structural components shall be 3108 approved by applicable state agencies for contact with water to avoid discharge of pollutants from 3109 wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenate or 3110 pentachlorophenol is prohibited in shoreline water bodies. 3111 (d) Solid and liquid wastes and untreated effluents shall not be allowed to enter any ground water 3112 or surface water or to be discharged onto land. The release of oil, chemicals, genetically modified 3113 organisms or hazardous materials onto land or into the water is prohibited. [Ord. 7-13 Exh. A (Art. 3114 VI § 6)] 3115 Article VII. Shoreline Modifications Policies and Regulations 3116 18.25.330 Applicability – Purpose. 3117 The policies and regulations in this article apply to all types of shoreline modification, with specific 3118 standards defined for each shoreline environment. They are not listed in order of priority. These policies 3119 and regulations: 3120 (1) Help to implement the master program goals in Article III of this chapter; and 3121 (2) Are informed by the guiding principles in Article I of this chapter; and 3122 (3) Work in concert with all the other policies and regulations contained in this program; and 3123 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 97/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VII)] 3124 18.25.335 General Policies 3125 The following general policies apply to all shoreline modifications: 3126 (1) Structural modifications should only be allowed where demonstrated as necessary: 3127 (a) To support or protect an allowed primary structure or a legally existing shoreline use that is in 3128 danger of loss or substantial damage; or 3129 (b) For reconfiguration of the shoreline for mitigation or enhancement purposes. 3130 (2) To reduce adverse effects, modifications should be limited in number and extent as much as 3131 possible. 3132 (3) Only allow modifications appropriate to the specific type of shoreline and environmental conditions 3133 for which they are proposed, including consideration of appropriate scientific and technical information, 3134 and analysis of drift cells for marine waters or reach conditions for river and stream systems. 3135 (4) Modifications should not individually or cumulatively result in a net loss of ecological functions. 3136 Preference should be given to those types of modifications that have a lesser impact on ecological 3137 functions and identified impacts should be mitigated. 3138 (5) County should plan for the enhancement of impaired ecological functions where feasible and 3139 appropriate while accommodating permitted uses. As modifications occur, all feasible measures to 3140 protect ecological shoreline functions and ecosystem-wide processes should be incorporated. 3141 18.25.340 Beach access structures. 3142 (1) Policies. 3143 (a) Beach access structures, as defined in Article II of this chapter, should be located, designed and 3144 maintained in a manner that minimizes adverse effects on shoreline ecology. 3145 (b) Jefferson County recognizes a balance has to be found between enabling pedestrian access to 3146 beach areas and protecting fragile shoreline ecosystems. 3147 (c) Neighboring property owners are encouraged to combine resources to collectively propose 3148 beach access structures in appropriate locations for shared use. 3149 (d) Beach access structures should not be permitted until and unless their adverse effects on 3150 stream, lake or marine shoreline functions and processes, including any significant adverse effects 3151 on adjoining lands and properties, are fully evaluated and mitigated. All proposals for structures 3152 that link upland areas with adjacent beaches shall be carefully evaluated by the criteria and 3153 regulations in this section. 3154 (e) Beach access structures may not be appropriate in some areas because of safety hazards or 3155 sensitive ecological conditions. The county should not permit these structures in areas where there 3156 Commented [AS136]: New section added per Ecology recommended change 24 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 98/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. are expected risks to human health and safety or adverse effects on shoreline functions and 3157 processes. Some properties will have view-only access to the neighboring waters. 3158 (f) Beach access structures should conform to the existing topography, minimize adverse impacts on 3159 shoreline aesthetics, and minimize clearing and grading to the maximum extent feasible. 3160 (g) Beach access structures should not be allowed if there is a reasonable likelihood that they will 3161 require erosion control structures or armoring in the future. 3162 (h) Beach access structures should be designed to minimize the amount of clearing, grading, 3163 excavation, and other forms of shoreline alteration so that they don’t require substantial bank or 3164 slope modifications. 3165 (i) Beach access structures should only be allowed where it provides access to a publicly owned 3166 beach or where the same party owns both the uplands and adjoining tidelands or an easement is 3167 granted by the tideland owner to the upland owner for access. 3168 (2) Uses and Activities Prohibited Outright. Beach access structures shall be prohibited from marine 3169 feeder bluffs in all environment designations. 3170 (3) Shoreline Environment Regulations. 3171 (a) Priority Aquatic. Public beach access structures may be permitted as a conditional use, provided 3172 they are associated with a water-dependent use that includes public access to the shoreline, and 3173 provided they are consistent with policies and regulations of this program and are allowed in the 3174 adjoining upland designation. Private beach access structures accessory to single-family residential 3175 development shall be prohibited. 3176 (b) Aquatic. Public beach access structures may be permitted, provided they are associated with a 3177 water-oriented use that includes public access to the shoreline, and provided they are consistent 3178 with policies and regulations of this program in the adjoining upland designation. Private beach 3179 access structures may be permitted as a conditional use when they are allowed in the adjoining 3180 upland designation. 3181 (c) Natural. (b) Aquatic. Public beach access structures may be permitted as a conditional use, 3182 provided they are associated with a water-dependent use that includes public access to the shoreline, and 3183 provided they are consistent with policies and regulations of this program in the adjoining upland designation. 3184 Private beach access structures accessory to single-family residential development may be permittedoriented 3185 as a conditional use when they are allowed in the adjoining upland designation. 3186 (c) Natural. Public beach access structures may be permitted as a conditional use, provided they are associated 3187 with a water-dependent use that includes public access to the shoreline, and provided they are 3188 consistent with policies and regulations of this program. Private beach access structures accessory 3189 to single-family residential development shall be prohibited. 3190 (d) Conservancy. Public and private beach access structures may be permitted as , provided they are 3191 associated with a conditionalwater-oriented use that includes public access to the shoreline. Private 3192 beach access structures may be permitted accessory to single-family residential development, 3193 Commented [GU137]: AJS: additional edits proposed to cover possibility of private beach access structures that might not be associated with SFR. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 99/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. provided they are consistent with the provisionspolicies and regulations of this program. Other 3194 private beach access structures are prohibited. 3195 (e) Shoreline Residential. Public beach access structures and private beach access structures 3196 accessory to single-family residential development may be permitted as a conditional use, provided 3197 they are consistent with the provisionspolicies and regulations of this program. 3198 (f) High Intensity. Public and Other private beach access structures may be permitted as a conditional 3199 use, provided they are consistent with the provisionspolicies and regulations of this program. 3200 (f) High Intensity. Public beach access structures and private beach access structures accessory to 3201 single-family residential development may be permitted, provided they are consistent with the 3202 policies and regulations of this program. Other private beach access structures may be permitted as 3203 a conditional use, provided they are consistent with the policies and regulations of this program. 3204 (4) Regulations. 3205 (a) Beach access structures may be permitted only when consistent with the provisions of this 3206 program. 3207 (b) Public beach access structures shall be subject to this section, JCC 18.25.290 (Public access) of 3208 this program, and conform to Americans with Disabilities Act (ADA) standards. 3209 (c) When permitted, beach access structures shall be located, designed and operated to avoid 3210 critical areas and prevent a net loss of shoreline ecological functions or processes, including, but not 3211 limited to: 3212 (i) Habitat; 3213 (ii) Slope stability; 3214 (iii) Sediment transport; and 3215 (iv) Water quality. 3216 (d) The county shall have the authority to require specific design standards based on the 3217 configuration of the site including existing topography, vegetation, soils, drainage and other factors. 3218 (e) When allowed, beach access structures may be located within the shoreline buffer; provided, 3219 that: 3220 (i) The clear width of any walkway, staircase, tower or tram shall be at least three feet, and not 3221 exceed five feet; and 3222 (ii) The structure shall not extend more than 12 vertical feet above the bank or slopetop of the 3223 bank or slope, and is located to minimize native vegetation removal and prioritize tree 3224 preservation; and 3225 (iiiii) There is no other available public beach access within 500 feet of the proposed access site. 3226 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 100/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) No portion of a beach access structure shall be constructed waterward of the ordinary high 3227 water mark unless there is no other feasible alternative. 3228 (g) When in-water or over-water construction is allowed in accordance with this section it shall be 3229 limited to a small pier or pile-supported pedestrian landing platform of 25 square feet or less that is 3230 otherwise consistent with the provisions of this program. 3231 (h) New residential subdivisions of more than four units or lots shall include a restriction on the face 3232 of the plat prohibiting individual beach access structures. Shared access structures may be 3233 permitted in these subdivisions when consistent with the provisions of this program. 3234 (i) Existing lawfully constructed nonconforming beach access structures may be repaired or replaced 3235 in kind as a nonconforming use as consistent with other provisions of this program. 3236 (j) BeachIn addition to the prohibition stated in subsection (2) of this section, beach access 3237 structures shall also be prohibited if any of the following apply: 3238 (i) The structure would adversely impact a critical area or marine feeder bluff, or increase 3239 landslide or erosion hazards; or 3240 (ii) The structure is likely to interfere with natural erosion and accretion processes; or 3241 (iii) The bank slope where the structure is placed is likely to require shoreline 3242 stabilization/structural shoreline defense worksarmoring in the future; or 3243 (iv) Substantial bank or slope modification is required. 3244 (k) Prior to approving a permit for a beach access structure, the county shall require the project 3245 proponent to demonstrate that the project is consistent with this program. Information to be 3246 provided by the proponent will include, but not be limited to: 3247 (i) Existing conditions at the site related to erosion, slope stability, drainage, vegetation, and 3248 coastal processes; and 3249 (ii) Probable effects of the access structure on the stability of the site over time; and 3250 (iii) Potential effects of the access structure on shoreline processes such as net-shoreline drift, 3251 sediment transport, mass wasting, and erosion; and 3252 (iv) Methods for maintaining the structure over time that will preclude the need for a bulkhead 3253 or other type of stabilization in the future; and 3254 (v) Potential effects on fish and wildlife habitats and other shoreline ecological functions; and 3255 (vi) Measures needed to ensure/maintain slope stability, maintain coastal processes, and 3256 prevent erosion in the long term., and mitigate any impacts to shoreline ecological functions. 3257 Commented [LG138]: Typo Correction Commented [GU139]: AJS: added specific mitigation requirement for clarity. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 101/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (l) The county may require proposals for pedestrian beach access structures to include geotechnical 3258 analysis prepared by a licensed professional engineer or geologist and/or biological analysis 3259 prepared by a qualified biologist. [Ord. 7-13 Exh. A (Art. VII § 1)] 3260 18.25.350 Boating facilities – Boat launches, docks, piers, floats, lifts, marinas, and mooring buoys. 3261 (1) Policies. 3262 (a) Boating facilities as defined in Article II of this chapter should be located, designed, constructed 3263 and operated with appropriate mitigation to avoid adverse effects on shoreline functions and 3264 processes and to prevent conflicts with other allowed uses. 3265 (b) Boating facilities should not be located or expanded where they would: 3266 (i) Impact critical habitats; or 3267 (ii) Substantially interfere with currents and/or net-shoreline drift; or 3268 (iii) Cause significant adverse effects on aquatic habitat, biological functions, water quality, 3269 aesthetics, navigation, and/or neighboring uses. 3270 (c) Docks and piers should not be allowed where shallow depths require excessive overwater 3271 length. 3272 (d) The county should protect the natural character of the shoreline and prevent adverse ecological 3273 impacts caused by in-water and overwater structures by limiting the number of new 3274 docks/piers/floats and by controlling how they are designed and constructed and where they are 3275 located. Wood coated or treated with toxic materials should not be allowed. 3276 (e) To prevent the impacts associated with private docks, piers, floats, lifts and launch ramps and 3277 rails accessory to residential development: 3278 (i) Mooring buoys are generally preferred over docks, piers or floats; and 3279 (ii) SharedCommunity or joint-use docks/piers/floats serving multiple properties are preferred 3280 over single-user docks/piers/floats serving a single property or parcel; and 3281 (iii) Public boat launches are preferred over private launch facilities. Rail and track launch 3282 systems are preferred over ramps. 3283 (f) Boating facilities associated with commercial, industrial, or port uses, residential subdivisions and 3284 multifamily housing should include public access and contribute to the public’s ability to view, 3285 touch, and travel on the waters of the state in accordance with JCC 18.25.290 (Public access). 3286 (g) The county should identify areas that are suitable for development and/or expansion of marinas 3287 and public boat launches and prevent them from being developed with non-water-dependent uses 3288 having less stringent site requirements. This should be accomplished in a timely manner. 3289 (h) Development of new marinas and public boat launch facilities should be coordinated with public 3290 access and recreation plans and should be co-located with port or other compatible water-3291 Commented [LG140]: Task Force B and E Commented [LG141]: Response to Comment: 13 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 102/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. dependent uses where feasible. Affected parties and potential partners should be included in the 3292 planning process. 3293 (i) When reviewing proposals for new or expanded marinas and public boat launches, the county 3294 should seek comment from public recreation providers, adjacent cities/counties, port districts, 3295 Washington State Parks, and the Washington State Departments of Ecology, Fish and Wildlife, 3296 Health, and Natural Resources, and area tribes to ensure that local as well as regional recreation 3297 needs are addressed. 3298 (j) The county should support the use of innovative and effective methods for protecting, 3299 enhancing, and restoring shoreline ecological functions and processes during the design, 3300 development and operation of new or expanded boating facilities. Such methods may include public 3301 facility and resource planning, education, voluntary protection and enhancement projects, and 3302 incentive programs. 3303 (2) Shoreline Environment Regulations. 3304 (a) Priority Aquatic. 3305 (i) Boat Launches – Nonresidential. Only public and private launches serving water-dependent 3306 commercial, industrial, port or other primary uses may be permitted if the primary use is 3307 permitted in the adjacent upland shoreline environment subject to the provisions of this 3308 program. 3309 (ii) Docks, Piers, Floats and Lifts – Nonresidential. Only public and private docks, piers, floats 3310 and lifts serving water-dependent commercial, industrial, port or other primary uses are 3311 allowed subject to policies and regulations of this program if the primary use is permitted in the 3312 adjacent upland shoreline environment. 3313 (iii) Boat Launches, Docks, Piers, Floats, and Lifts – Residential. Single-user docks, piers, floats, 3314 lifts and boat launches accessory to residential or private recreationall development are 3315 prohibited. unless an applicant can demonstrate that a joint-use or community structure is not 3316 feasible. Shared boating facilities, such as joint-use docks/piers/floats or community 3317 docks/piers/floats, accessory to residential or private recreational development may be 3318 permitted. 3319 (iv) Marinas are prohibited. 3320 (v) Moorage used for float planes is prohibited. 3321 (vi) Mooring buoys are allowed subject to the adjacent upland shoreline designation and the 3322 policies and regulations of this program. 3323 (b) Aquatic. 3324 (i) Public and private boat launches are allowed subject to policies and regulations of this 3325 program if allowed in the adjacent upland shoreline environment. 3326 Commented [AS142]: 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 [AS143]: Edits made per Ecology recommended change 26 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 103/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Public and private docks, piers, floats, and lifts are allowed if allowed in the adjacent upland 3327 shoreline environment. 3328 (iii) Marinas are allowed subject to policies and regulations of this program if allowed in the 3329 adjacent upland shoreline environment. 3330 (iv) Moorage used for float planes may be allowed with a conditional use permit if permitted in 3331 the adjacent upland designation. 3332 (v) Mooring buoys are allowed subject to the adjacent upland shoreline designation and the 3333 policies and regulations of this program. 3334 (c)€ Natural. 3335 (i) Boat launches for hand launching of small watercraft (such as kayaks, small sailboats, and 3336 other nonmotorized watercraft) may be allowed with a conditional use permit, subject to 3337 policies and regulations of this program, if materials and design are compatible with the site. 3338 (ii) A public dock, pier or float for recreational use may be allowed with a conditional use 3339 permit. 3340 (iii) Mooring buoys that are accessory to water-dependent uses such as aquaculture may be 3341 allowed with a conditional use permit (C(a)). 3342 (iv) All other boating facilities, including boating facilities accessory to residential development, 3343 are prohibited. 3344 (d) Conservancy. 3345 (i) BoatResidential boat launches may be allowed with a conditional use permit subject to 3346 policies and regulations of this program. 3347 (ii(ii) Non-residential boat launches are allowed subject to policies and regulations of this 3348 program. 3349 (iii) Docks, piers, floats and lifts may be allowed with a conditional use permit subject to policies 3350 and regulations of this program, except industrial piers are prohibited. 3351 (iiiiv) Marinas may be permitted as a conditional use. 3352 (ivv) Moorage used for float planes may be permitted as a conditional use. 3353 (vvi) Mooring buoys are allowed with a conditional use permit (C(a)) subject to policies and 3354 regulations of this program. 3355 (e) Shoreline Residential. 3356 (i) Boat launches are allowed subject to policies and regulations of this program. 3357 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 104/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Docks, piers, floats and lifts are allowed subject to policies and regulations of this program, 3358 except industrial piers are prohibited. 3359 (iii) Marinas may be permitted as a conditional use. 3360 (iv) Moorage used for float planes may be permitted as a conditional use. 3361 (v) Mooring buoys are allowed with a conditional use permit (C(a)) subject to policies and 3362 regulations of this program. 3363 (f) High Intensity. All boating facilities are allowed subject to policies and regulations of this 3364 program. 3365 (3) Regulations – Boat Launches – Public. 3366 (a) Public boatBoat launches may be permitted when they are located, designed and constructed in a 3367 manner that minimizes adverse impacts on coastal or fluvial processes, biological functions, aquatic 3368 and riparian habitats, water quality, navigation, and/or neighboring uses. Rail and track systems 3369 shall be preferred over concrete ramps or similar facilities. 3370 (b) When permitted, public boat launches shall be: 3371 (i) Located in areas where there is adequate water mixing and flushing action; 3372 (ii) Designed so as not to retard or reduce natural shoreline flushing characteristics; 3373 (iii) Designed and constructed using methods/technology that have been recognized and 3374 approved by state and federal resource agencies as the best currently available;. To the 3375 existent feasible, boat launches in marine waters shall follow the design and construction 3376 standards in WAC 220-660-390(3 and 4) and in fresh waters shall follow the design and 3377 construction standards in WAC 220-660-150(3 and 4); 3378 (iv) Designed so that existing or potential public access along beaches is not blocked or made 3379 unsafe, and so that public use of the surface waters is not unduly impaired; and 3380 (v) Developed and maintained to support waterfront access for watercraft. In those limited 3381 instances where separate or associated uses are permitted, other than restrooms and/or 3382 sewer/septic facilities, only uses that are water-dependent and/or afford public access uses 3383 shall be approved. 3384 (c) Public boatBoat launches on river shores shall be located downstream of accretion shoreforms, or 3385 on stable banks where no or minimal current deflections will be necessary. 3386 (d) PublicNonresidential boat launches shall provide adequate restroom and sewage and solid waste 3387 disposal facilities in compliance with applicable health regulations. 3388 (e) When overwater development is proposed in association with a publicnonresidential boat launch 3389 facility, it may be permitted only where such use requires direct water access, and/or where such 3390 facilities will significantly increase public opportunities for water access. 3391 Commented [AS144]: Language added in response to WDFW comment provided in letter dated 11/23/2020. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 105/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) Public boatBoat launches shall be located and designed to prevent traffic hazards and minimize 3392 traffic impacts on nearby access streets. 3393 (g) PublicNonresidential boat launch sites shall include parking spaces for boat trailers 3394 commensurate with projected demand and shall comply with the transportation provisions of this 3395 program. 3396 (4) Regulations – Boat Launches (Ramps and Rails) – Private. 3397 (a) Privateh) Residential boat launches shall be allowed only when publicpublicly accessible 3398 nonresidential boat launches are unavailable within a reasonable distance. 3399 (b) When permitted, private boat launches including launches accessory to residential development shall be 3400 designed and constructed using methods/technology that have been recognized and approved by state and 3401 federal resource agencies as the best currently available. Rail and track systems shall be preferred over concrete 3402 ramps or similar facilities. 3403 (c(i) No more than one private boat launch facility or structure shall be permitted on a single parcel 3404 or residential lot. 3405 (54) Regulations – Docks, Piers and Floats – Nonresidential. 3406 (a) Docks, piers and floats, as defined in Article II of this chapter, associated with commercial, 3407 (including private recreational use by hotel, motel, campground, tours/rentals), industrial, port or 3408 public recreational developments should only be allowed when ecological impacts are mitigated in 3409 accordance with this program, and: 3410 (i) The dock/pier/float is required to accommodate a water-dependent use; and/or 3411 (ii) The dock/pier/float provides opportunities for the public to access the shoreline. 3412 (b) New commercial, industrial, port or public recreational docks, piers and floats shall be designed 3413 and constructed to avoid or, if that is not possible, to minimize the impacts to nearshore habitats 3414 and processes. 3415 (c) The length, width and height of nonresidential docks, piers and floats shall be no greater than 3416 that required for safety and practicality for the primary use. If a public, commercial, industrial or 3417 port entity involving water-dependent uses has performed a needs analysis or comprehensive 3418 master plan projecting the future needs for pier or dock space, and if the plan or analysis is 3419 approved by the county and consistent with this program, it may serve as the necessary justification 3420 for pier design, size, and construction. 3421 (d) New and substantially expanded nonresidential docks, piers and floats shall be constructed of 3422 materials that will not adversely affect water quality or aquatic plants and animals over the long 3423 term. Materials for any portions of the dock, pier, float, framing, or decking that come in contact 3424 with water shall be approved by applicable state agencies for use in water. For example, wood 3425 treated with creosote, pentachlorophenol or other similarly toxic materials is not allowed. 3426 Commented [AS145]: Edit made per Ecology recommended change 26 (9/30/22). Commented [AS146]: *** Edits made consistent with WAC 173-26-(3)(b). Ecology recommended in its 9/30/22 comments adding demonstration of need requirements for residential docks. However, the WAC seems to require that only for non-residential docks so language from the WAC has been added to this provision (c) instead. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 106/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) To minimize adverse effects on nearshore habitats and species caused by overwater structures 3427 that reduce ambient light levels, the following shall apply: 3428 (i) The width of docks, piers and floats shall be the minimum necessary. Materials that will 3429 allow light to pass through the deck may be required where width exceeds four feet; and 3430 (ii) Grating to allow light passage or reflective panels to increase light refraction shall be used 3431 on walkwaysdecking or gangplanks in nearshore areas; and 3432 (iii) The maximum structure height above water shall be employed, consistent with safety and 3433 usability. 3434 (f) Commercial, industrial, port or public recreational docks, piers and floats shall be spaced and 3435 oriented to shoreline in a manner that avoids or minimizes: 3436 (i) Hazards and obstructions to navigation, fishing, swimming and pleasure boating; and 3437 (ii) Shading of beach substrate below; and 3438 (iii) Any “wall” effect that would block or baffle wave patterns, currents, littoral drift, or 3439 movement of aquatic life forms. A north-south orientation is generally optimal. 3440 (g) Fill waterward of OHWM shall be limited to the minimum necessary to match the upland with 3441 the elevation of the nonresidential dock or pier when consistent with JCC 18.25.370 (Filling and 3442 excavation). 3443 (h) Dredging shall be limited to the minimum necessary to allow boat access to a nonresidential 3444 dock or pier when consistent with JCC 18.25.360 (Dredging). 3445 (i) Covered moorage associated with nonresidential docks, piers, and floats shall be prohibited. 3446 (65) Regulations – Docks, Piers, Floats and Lifts – Accessory to Residential Development. 3447 (a) Docks, piers, floats and lifts accessory to residential development/use shall only be allowed 3448 when: 3449 (i) Ecological impacts are mitigated in accordance with this program; and 3450 (ii) The moorage platform is designed for access to private watercraft; andapplicant shall 3451 demonstrate need by providing documentation of the vessel/watercraft to be 3452 moored/accessed, including a current vessel title and registration, or for exempt vessels (e.g., 3453 canoes, kayaks, or strictly human-powered watercraft with no motor or sail) a photograph, 3454 written description, and bill of sale to confirm ownership; and 3455 (iii) The cumulative effects of dock, pier, float and lift proliferation have been identified and 3456 shown to be negligible. 3457 (b) If allowed under this program, no more than one dock/pier and one float and one boat/ski lift 3458 may be permitted on a single lot owned for residential use or private recreational use. 3459 Commented [AS147]: Edit made per Ecology recommended change 10 (9/30/22) Commented [GU148]: AJS: ***Edits to (ii) made per Ecology recommended change 26 (9/30/22). HOWEVER, WAC 173-26-231(3)(b) says: "New pier or dock construction, excluding docks accessory to single-family residences [emphasis added], should be permitted only when the applicant has demonstrated that a specific need exists to support the intended water-dependent uses." The WAC doesn't require demonstration of need for SFR, so recommend County discussion. This provision may also be difficult to verify/enforce and seems relatively easy to skirt. What if applicants want to build a dock before they buy a boat? What if they submit pictures of someone else's exempt vessel? What if they buy a boat, build the dock, and immediately sell it? Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 107/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) In-water fixed platform structures supported by piles that do not abut the shoreline shall be 3460 prohibited. 3461 (d) If permitted, new docks, piers, floats, lifts accessory to residential development/use shall be: 3462 (i) Designed and constructed to avoid or, if that is not possible, to minimize shading and other 3463 impacts on nearshore habitats and processes; and 3464 (ii) Constructed of materials that will not adversely affect water quality or aquatic plants and 3465 animals over the long term. Materials for portions of the dock, pier, float, framing and decking 3466 in contact with water shall be approved by applicable state agencies for use in water. For 3467 example, wood treated with creosote, pentachlorophenol or other similarly toxic materials is 3468 not allowed; and 3469 (iii) Spaced and oriented to shoreline in a manner that minimizes hazards and obstructions to 3470 navigation, fishing, swimming, and pleasure boating; and 3471 (iv) Designed to avoid the need for maintenance dredging. The moorage of a boat larger than 3472 provided for in original moorage design shall not be grounds for approval of dredging; and 3473 (v) Spaced and oriented to minimize shading and avoid a “wall” effect that would block or 3474 baffle wave patterns, currents, littoral drift, or movement of aquatic life forms. A north-south 3475 orientation is generally optimal. 3476 (e) The length of docks and piers accessory to residential use/development shall be the minimum 3477 demonstrated necessary for safety and practicality for the residential use. The maximum length for 3478 residential docks or piers shall be limited to 100 feet as measured horizontally from the ordinary 3479 high water mark. 3480 The administrator may approve a different dock or pier length when needed to: 3481 (2) (i) Avoid known eelgrass beds, forage fish habitats, or other sensitive nearshore resources; 3482 or 3483 (ii) Accommodate shared use. 3484 (f) Floats accessory to residential use shall not exceed 200 square feet in area or three feet in height 3485 as measured from the mean lower low water (MLLW). 3486 (g) Floats shall only be used where there is sufficient water depth to prevent grounding at low tide. 3487 The county may require the use of stoppers or other measures to ensure compliance with this 3488 standard. 3489 (h) To avoid and minimize adverse effects on nearshore habitats and species caused by overwater 3490 structures that reduce ambient light levels, the following shall apply: 3491 (i) The width of docks and floats shall be the minimum necessary. Materials that will allow light 3492 to pass through the deck may be required where width exceeds four feet; and 3493 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 108/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Grating to allow light passage or reflective panels to increase light refraction shall be used 3494 on walkwaysdecking or gangplanks in nearshore areas; and 3495 (iii) The maximum structure height above water should be employed, consistent with safety 3496 and usability. 3497 (i) Residential developments with more than four lots Joint use or dwelling units may be granted permits for 3498 community docks that are /piers/floats to provide shared by at least moorage/launching are required 3499 for new residential development of two or more dwellings rather than allow individual docks for 3500 each residence, unless an applicant can demonstrate that a shared-use facility is not feasible. 3501 follows: 3502 (i) A joint-use facility is required when there is a proposal for a new facility on a waterfront lot 3503 that has at least one other owner.(1) and up to (3) adjacent waterfront and/or upland lots that 3504 also lack a facility. No more than one dock/pier or /float may be permitted for each three 3505 adjacent waterfront lots. 3506 (ii) A community facility is required when there is a proposal for a new facility on a waterfront 3507 lot that has more than four (4) adjacent waterfront and/or upland lots in the same subdivision 3508 that also lack a facility. No more than one dock/pier/float may be permitted for each three 3509 adjoiningadjacent waterfront lots,.; 3510 (i) A joint use facility is required when: 3511 (A) Shared by at least two (2) and no more than four (4) adjacent waterfront lots; 3512 (B) Shared by five (5) or more adjacent waterfront lots where at least three (3) adjacent lots 3513 must share one boating facility; 3514 (ii) A community facility is required when shared by at least two (2) adjacent waterfront lots, 3515 and at least one (1) upland lot in the same subdivision; 3516 (iii) Where an existing dock/pier/float facility is located on an adjacent lot/parcel, the applicant 3517 shall first seek to establish a shared use agreement. When documented in writing that the 3518 adjacent owner refuses to allow shared use of their facility, then a single-user facility may be 3519 allowed, consistent with necessarythe provisions of this program. 3520 (iv) All joint-use or community docks/piers/floats require a legally enforceable shared use and 3521 access easements to beagreement recorded at the time of permitting., and shall at minimum 3522 address the following: 3523 (A) Apportionment of expenses for construction and maintenance of both the 3524 facility/structure and the access area; 3525 (B) Access easements and liability; and 3526 (C) Use restrictions. 3527 Commented [AS149]: Edit made per Ecology recommended change 10 (9/30/22) Commented [GU150]: AJS: *** Partial edit made per Ecology recommended change 26. However, Ecology suggested edit said "Both existing and new residential development of two or more dwellings, shall provide joint use or community dock facilities…" The WAC says "master programs should contain provisions to require new residential development of two or more dwellings to provide joint use or community dock facilities, when feasible,.." Therefore these edits omit the application to existing development. Should discuss whether County would like to require for existing development? Application to existing development (at least one scenario) is addressed in (j) below. Commented [GU151]: AJS: This provision (i) and (ii) are potential alternative provisions - for comparison to Ecology recommended (i) and (ii) provisions below. May require further discussion. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 109/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (j) Existing Subdivisions. Single-user docks, piers and floats for individual residential lots may be 3528 permitted in existing subdivisions approved on or before January 28, 1993, only where a shared 3529 facility has not already been developed. Prior to development of such a new single-user 3530 dock/pier/float for a singlean individual residential lot, the applicant shall demonstrate that: 3531 (i) Existing facilities in the vicinity, including marinas and shared mooragejoint-use or community 3532 docks/piers/floats, are not adequate or feasible for use; and 3533 (ii) On marine shorelines, alternative moorage, such as one or more mooring buoys or a buoy in 3534 combination with a small dock sized to accommodate a tender vessel, (i.e., skiff or dinghy), are 3535 not adequate or feasible. 3536 (k) Single-user moorage for private/recreational float planes may be permitted as a conditional use 3537 where construction of such moorage: 3538 (i) Is limited to the smallest size necessary to accommodate the float plane. 3539 (ii) Will not adversely affect shoreline functions or processes, including wildlife use. 3540 (iii) Includes ecological restoration, in addition to mitigation, to compensate for the greater 3541 intensity of use associated with the float plane moorage. 3542 (l) Covered moorage associated with single-family residential development shall be prohibited, 3543 except that the county may allow a small covered area up to 100 square feet in size, maximum 3544 height of 10 feet, and with vertical walls on up to three sides on the overland portion of a dock/pier 3545 only. 3546 (m) Single-user docks/piers/floats shall be located within side yard setbacks for residential 3547 development (both onshore and offshore); provided, that a sharedjoint-use or community 3548 dock/pier/float may be located adjacent to or upon a shared side property line upon filing of an 3549 agreement by the affected property owners. 3550 (n) Fill waterward of OHWM shall be limited to the minimum necessary to match the upland with 3551 the elevation of the residential dock or pier when consistent with JCC 18.25.370 (Filling and 3552 excavation). 3553 (o) Dredging for construction or maintenance of docks, piers and floats accessory to residential use 3554 shall be prohibited waterward of OHWM. 3555 (p) No single-user, joint-use, or sharedcommunity dock/pier/float may be constructed to within 200 3556 feet of OHWM on the opposite shoreline of any lake or semi-enclosed body of water such as a bay, 3557 cove, or natural channel. 3558 (q) Boating facilities shall be marked with reflectors, or otherwise identified to prevent 3559 unnecessarily hazardous conditions for water surface users during day or night. Exterior finish shall 3560 be generally nonreflective. 3561 Commented [AS152]: Edits made per Ecology recommended change (9/30/22). Commented [LG153]: 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 [AS154]: Edits made per Ecology recommended change (9/30/22). Commented [LG155]: Response to Comment: 13 Commented [LG156]: Response to Comment: 13 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 110/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (r) Boating facilities shall be constructed and maintained so that no part of them creates hazardous 3562 conditions nor damages other shoreline property or natural features during flood conditions. 3563 (s) No dock, pier, float, or watercraft moored thereto shall be used for a residence. 3564 (t) Storage of fuel, oils, and other toxic materials is prohibited on residential docks, piers and floats 3565 except in portable containers that have secondary containment. 3566 (76) Regulations – Marinas. 3567 (a) Marinas may be permitted on marine and river shorelines when they are consistent with this 3568 program and when the proponent demonstrates to the county’s satisfaction that all of the following 3569 conditions are met: 3570 (i) The proposed location is the least environmentally damaging alternative; and 3571 (ii) Potential adverse impacts on shoreline processes and ecological functions are mitigated to 3572 achieve no net loss; and 3573 (iii) The project includes ecological restoration measures to improve baseline conditions over 3574 time; and 3575 (iv) The area has adequate water circulation and flushing action; and 3576 (v) The proposed location will not require dredging or excavation/filling of wetlands; and 3577 (vi) Suitable public infrastructure is available or can be made available to support the marina. 3578 (b) Marinas shall be prohibited in all of the following locations: 3579 (i) Lake shores; and 3580 (ii) River point and channel bars or other accretional beaches; and 3581 (iii) Areas of active channel migration; and 3582 (iv) Where a flood hazard will be created or exacerbated; and 3583 (v) Shorelines with a priority aquatic environmental designation; and 3584 (vi) River mouths. 3585 (c) Where marinas are permitted they shall be designed, constructed and operated according to the 3586 following: 3587 (i) Open pile or floating breakwater designs shall be used unless the proponent demonstrates 3588 that there are specific safety considerations that warrant alternative approaches or unless rip-3589 rap or other solid construction is shown to have fewer impacts on shoreline ecology over the 3590 short and long term. 3591 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 111/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Shoreline armoring shall be limited to the minimum necessary to protect marina 3592 infrastructure and shall consist of softshore bio-stabilization unless such stabilization is 3593 demonstrated by a geotechnical analysis to be infeasible or inadequate to protect the site. 3594 (iii) Floating structures shall be designed to prevent grounding on tidelands. Floats shall only be 3595 used where there is sufficient water depth to prevent grounding at low tide. The county may 3596 require the use of stoppers or other measures to ensure compliance with this standard. 3597 (iv) Piers and other structures shall be located, sized and designed to minimize shading of 3598 nearshore aquatic habitats and species. 3599 (v) Solid structures shall be designed to provide fish passage through and along the shallow 3600 water fringe. 3601 (vi) Floating piers shall be required in rivers unless the proponent can demonstrate that fixed 3602 piers will cause substantially less impact on geo-hydraulic processes. 3603 (vii) Marinas shall be sited to prevent restrictions in the use of commercial and recreational 3604 shellfish beds and in compliance with Washington Department of Health guidelines and 3605 National Shellfish Sanitation Program (NSSP) standards. 3606 (viii) Marina development shall generally be required to include public access amenities. 3607 Consistent with JCC 18.25.290 (Public access), public access siting and design shall be 3608 determined based on what is appropriate to a given location and the needs/desires of the 3609 surrounding community. Public access shall be designed to be environmentally sound, 3610 aesthetically compatible with adjacent uses, and safe for users. 3611 (ix) Live-aboard vessels may occupy up to 20 percent of the slips at a marina. Marinas that 3612 accommodate live-aboards shall provide and maintain adequate facilities and programs to 3613 address waste disposal and sanitary disposal. 3614 (x) New or expanded marina development may include fill waterward of the ordinary high 3615 water mark only when necessary for the water-dependent portions of the marina facility. Such 3616 fill activities shall conform to JCC 18.25.370 (Filling and excavation) and this section. Filling 3617 solely for the creation of marina parking areas shall be prohibited. 3618 (xi) If new or expanded marina facilities adversely affect net shoreline drift or other coastal 3619 processes to the detriment of nearby beaches or habitats, the county may require the marina 3620 operator to replenish the substrate in these areas periodically or take other measures to offset 3621 adverse impacts. 3622 (d) New or expanded development appurtenant to marinas shall be designed and constructed to 3623 avoid and, where avoidance is not possible, minimize impacts on shoreline functions and processes. 3624 Facilities shall be clustered and located in the least environmentally damaging portion of the site to 3625 reduce clearing and grading impacts. 3626 (e) To meet the regulations in subsection (76)(d) of this section, the following standards shall apply 3627 to new or expanded development appurtenant to marinas: 3628 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 112/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Accessory uses at marinas shall be limited to water-oriented uses and uses that provide 3629 physical or visual shoreline access for substantial numbers of the general public. Accessory 3630 development includes, but is not limited to, parking, open air storage, waste storage and 3631 treatment, stormwater management facilities, utility and upland transportation development. 3632 (ii) Water-oriented accessory uses reasonably related to marina operation may be located over 3633 water or near the water’s edge by conditional use permit if an overwater or water’s-edge 3634 location is essential to the operation of the use and if opportunities are provided for substantial 3635 numbers of people to access the shoreline. 3636 (iii) Parking shall be located away from the water’s edge and landward of shoreline buffers 3637 prescribed by this program unless no feasible alternative location exists. 3638 (iv) Parking areas shall meet county stormwater management standards and shall, where 3639 feasible, incorporate low impact development practices such as pervious surfaces and 3640 bioswales. 3641 (v) Dry moorage and other storage areas shall be landscaped with native vegetation to provide 3642 a visual and noise buffer for adjoining uses. 3643 (vi) Pump-out, holding, and/or waste treatment facilities and services shall be provided at all 3644 marinas. Pump-out facilities shall be conveniently located and sited to ensure easy access, 3645 prevent lengthy queues and allow full compliance with waste disposal regulations. Vessel-3646 mounted pump-out services and hard-plumbed stations at each slip shall be preferred over 3647 portable pump-out equipment. 3648 (vii) Marinas shall provide adequate restroom and sewage disposal facilities in compliance with 3649 applicable health regulations. Restrooms shall be available 24 hours a day for use by any patron 3650 of the marina facility; the need for restrooms shall be determined based on the number of slips 3651 and percentage of live-aboard vessels within the marina. 3652 (viii) Garbage and recycling receptacles shall be provided and maintained by the marina 3653 operator at several locations convenient to users. 3654 (ix) Marina operators shall post all regulations pertaining to handling and disposal of waste, 3655 sewage, fuel, and oil or toxic materials where all users may easily read them. 3656 (x) Boat washing facilities shall be provided to minimize transfer of invasive aquatic species 3657 between water bodies. 3658 (f) When reviewing proposals for new or expanded marina facilities, the county shall require the 3659 proponent to prepare and implement appropriate technical studies and plans that are not already 3660 required via another regulatory review process. Examples of studies and plans that may be required 3661 include, but are not limited to: 3662 (i) A maintenance plan for maintaining pump-out and waste/sewage disposal facilities and 3663 services. 3664 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 113/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) A spill response plan for oil and other spilled products. Compliance with federal or state law 3665 may fulfill this requirement. 3666 (iii) An operational plan that, at a minimum, describes procedures for fuel handling and 3667 storage; measures, including signage, for informing marina users of applicable regulations; 3668 measures for collecting garbage and recyclables; measures and equipment for ensuring public 3669 safety. 3670 (iv) A visual assessment of views from surrounding residential properties, public viewpoints, 3671 and the view of the shoreline from the water surface. 3672 (v) An assessment of existing water-dependent uses in the vicinity including but not limited to, 3673 navigation, fishing, shellfish production and harvest, swimming, beach walking, and picnicking 3674 and shall document potential impacts and mitigating measures. The county shall evaluate 3675 impacts on these resources and impose specific conditions to mitigate impacts as necessary. 3676 (87) Regulations – Mooring Buoys. 3677 (a) Commercial or recreational mooring buoys may be permitted; provided, that they are consistent 3678 with this program and that individually or cumulatively: 3679 (i) They do not impede the ability of other landowners to access private property; and 3680 (ii) They do not pose a hazard to or obstruct navigation or fishing; and 3681 (iii) They do not contribute to water quality or habitat degradation; and 3682 (iv) They do not pose a threat to a commercial shellfish growing area classification or reduce 3683 the ability to upgrade the classification. 3684 (b) The installation and use of mooring buoys (including commercial and recreational buoys) in 3685 marine waters shall be consistent with all applicable state laws, including Chapter 246-282 WAC, 3686 the current National Shellfish Sanitation Program (NSSP) standards, and other State Departments of 3687 Fish and Wildlife, Health, and/€/or Natural Resources standards. 3688 (c) Private recreational mooring buoys on state-owned aquatic lands shall not be used for 3689 residential (living on the boat) or commercial purposes. 3690 (d) Mooring buoys shall be located to: 3691 (i) Avoid, to the extent feasible, and minimize disturbance of eelgrass beds and other valuable 3692 aquatic and nearshore habitat areas; and 3693 (ii)(€ Prevent obstruction to navigation. 3694 (e) Mooring buoys shall use neutral buoyancy rope, mid-line float, helical anchors, or other state-3695 approved designs that have minimal adverse effects on aquatic ecosystem and fish. Only if the 3696 substrate prohibits use of embedded anchors, may a Corps-approved alternative anchor (i.e., 3697 concrete block) be used. 3698 Commented [LG157]: Task Force B Commented [AS158]: Recovered the “Avoid” and rearranged to address WDFW’s comment in e-mail dated 3/25/21. Commented [LG159]: This language consistent with WDFW, WDNR, and USACE regs. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 114/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) Mooring buoys shall not be allowed on lake shorelines of the state. 3699 (g) Mooring buoys shall be clearly marked and labeled with the owner’s name and contact 3700 information and permit number(s). 3701 (h) The county shall plan for and coordinate with other agencies to control the placement and 3702 number of mooring buoys within bays and other areas to protect water quality and/or habitat and 3703 ensure that transit channels are maintained. 3704 (i) Applicants are encouraged to consult with and obtain a permit from the U.S. Army Corps of 3705 Engineers prior to pursuing state and county permits to minimize applicant effort and conflicts 3706 with differing agency standards. 3707 (ii) Under no circumstances shall mooring buoy density exceed State Department of Health 3708 guidelines and National Shellfish Sanitation Program (NSSP) standards. 3709 (iii) Residential lots may have up to two buoys to support moorage of a single boat if necessary 3710 to stabilize the boat and minimize damage to ecological resources or other boats. 3711 (i) The capacity of each mooring buoy may not exceed one boat and its appurtenant shore access 3712 craft. [Ord. 7-13 Exh. A (Art. VII § 2)] 3713 18.25.360 Dredging. 3714 (1) Policies. 3715 (a) Dredging, as defined in Article II of this chapter, and disposal of dredge material should only be 3716 allowed when alternatives are infeasible and when the dredging/dredge disposal is: 3717 (i) Necessary to support an existing legal use or a proposed water-dependent use or essential 3718 public infrastructure/facility; or 3719 (ii) Part of a clean-up program required under the Model Toxics Control Act or Comprehensive 3720 Environmental Response, Compensation, and Liability Act; or 3721 (iii) Part of an approved ecological restoration or enhancement project; or 3722 (iv) Part of an approved beach nourishment project; or 3723 (v) Required to provide public access for a substantial number of people; or 3724 (vi) Required to provide water-oriented public recreation for a substantial number of people. 3725 (b) When required to support an allowed use or development, dredging/dredge disposal should be 3726 the minimum needed to accommodate the allowed use or development for a reasonably 3727 foreseeable period of time. 3728 (c) When allowed, dredging and disposal operations should be planned, timed and implemented to 3729 minimize: 3730 Commented [AS160]: Added per comment provided by WDFW in letter dated 11/23/2020. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 115/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Adverse impacts to shoreline ecology; and 3731 (ii) Adverse impacts to in-water and adjacent upland uses; and 3732 (iii) Interference with navigation. 3733 (d) Dredging and dredge disposal should be consistent and coordinated with appropriate local, state 3734 and federal regulations to minimize duplication during the review process. 3735 (e) Dredging and dredge disposal should not occur where they would interfere with existing or 3736 potential ecological restoration activities. 3737 (f) Dredging and dredge disposal should occur where they will provide ecological benefits. 3738 (2) Shoreline Environment Regulations. 3739 (a) Priority Aquatic. Dredging and dredge disposal may be permitted subject to a conditional use 3740 permit if allowed in the adjacent upland environment. 3741 (b) Aquatic. Dredging and dredge disposal may be permitted subject to a conditional use permit if 3742 allowed in the adjacent upland environment. 3743 (c) Natural. Dredging and dredge disposal are prohibited except dredging and dredge disposal may 3744 be permitted as an essential element of an approved shoreline restoration project/program. 3745 (d) Conservancy. Dredging and dredge disposal may be permitted subject to a conditional use 3746 permit. 3747 (e) Shoreline Residential. Dredging and dredge disposal may be permitted subject to a conditional 3748 use permit. 3749 (f) High Intensity. Dredging may be permitted subject to the policies and regulations of this 3750 program. Dredge disposal may be allowed with a conditional use permit. 3751 (3) Regulations – Dredging. 3752 (a) Proponents of new development shall locate and design such development to avoid or, if 3753 avoidance is not possible, to minimize the need for new dredging and maintenance dredging. 3754 (b) The county may permit dredging only when the project proponent demonstrates the activity is 3755 consistent with this program and that there are no feasible alternatives to dredging. 3756 (c) Dredging shall only be allowed when necessary to support the following uses and developments: 3757 (i) Approved harbors, marinas, ports, and water-dependent industries; 3758 (ii) Development or maintenance of essential public infrastructure and facilities; 3759 (iii) Environmental clean-up activities required by the Model Toxics Control Act or 3760 Comprehensive Environmental Response, Compensation, and Liability Act; 3761 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 116/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iv) Underground utility installation requiring trenches when boring, directional drilling, and 3762 other installation methods are not feasible; 3763 (v) Maintenance dredging for the purpose of restoring a lawfully established use or 3764 development; 3765 (vi) Maintenance dredging for the purpose of restoring previously permitted or authorized 3766 hydraulic capacity of a stream or river; 3767 (vii) Maintenance of existing irrigation reservoirs, drains, canals, or ditches; 3768 (viii) Establishing, expanding, relocating or reconfiguring navigation channels and basins where 3769 necessary to assure the safety and efficiency of existing navigational uses; 3770 (ix) Ecological restoration and enhancement projects benefiting water quality and/or fish and 3771 wildlife habitat; or 3772 (x) Public access and public water-oriented recreational developments/uses, including 3773 construction of public piers and docks that benefit substantial numbers of people. 3774 (d) The county may permit dredging for flood management purposes only when the project 3775 proponent demonstrates that: 3776 (i) The dredging is a required component of a county-approved comprehensive flood 3777 management plan; or 3778 (ii) The dredging has a long-term benefit to public health and safety and will not cause a net 3779 loss of ecological functions and processes. 3780 (e) When conducting reviews of dredging proposals, the county shall first consider how the 3781 proposed activity has been regulated by other agencies, note same as a reference, and then 3782 establish what further information is needed for local review. The county may require information 3783 to ensure: 3784 (i) The project is designed, located, and timed to mitigate impacts on legally established 3785 neighboring uses and developments; and 3786 (ii) Appropriate measures are taken to ensure the activity will not interfere with fishing or 3787 shellfishing; and 3788 (iii) Appropriate measures are taken to minimize adverse effects on recreation, public access, 3789 and navigation; and 3790 (iv) The activity shall not adversely impact natural processes such as channel migration, marine 3791 bluff erosion and/or net-shoreline drift; and 3792 (v) Appropriate best management practices are employed to prevent water quality impacts or 3793 other forms of environmental degradation; and 3794 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 117/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (vi) Upstream and upgradient sediment sources that create the need for dredging have been 3795 investigated and where feasible, mitigated; and 3796 (vii) Appropriate measures are employed to protect public safety and prevent adverse impacts 3797 on other approved shoreline uses; and 3798 (viii) The proposed activity complies with applicable federal, state, and other local regulations. 3799 (f) Dredging for the primary purpose of obtaining material for landfill, upland construction, or beach 3800 nourishment shall be prohibited. 3801 (g) Maintenance dredging may not be approved under exemption except within the existing 3802 footprint in accordance with previous approved plans. 3803 (4) Regulations – Dredge Disposal. 3804 (a) The county may permit disposal of dredge material only when the project proponent 3805 demonstrates the activity is consistent with this program and that there are no feasible alternatives 3806 to dredge disposal. 3807 (b) When dredge material is deposited on land it shall be considered fill and subject to all applicable 3808 fill regulations. 3809 (c) All unconfined, open water dredge disposal activities shall comply with the Puget Sound Dredged 3810 Disposal Analysis (PSDDA) criteria and guidelines and other applicable local, state and federal 3811 regulations. 3812 (d) When consistent with this program, disposal of dredged materials in water areas other than 3813 PSDDA sites may only be allowed for the following reasons: 3814 (i) To restore or enhance habitat; or 3815 (ii) To reestablish substrates for fish and shellfish resources; or 3816 (iii) To nourish beaches that are starved for sediment; or 3817 (iv) To remediate contaminated sediments. 3818 (e) Proposals for dredged material disposal shall be evaluated for their potential to cause adverse 3819 environmental impacts. Dredged material disposal shall be permitted only when the proponent 3820 demonstrates all of the following: 3821 (i) The proposed action will not cause significant and/or ongoing damage to water quality, fish, 3822 shellfish and/or other biological resources; and 3823 (ii) The proposed action will not adversely alter natural drainage, water circulation, sediment 3824 transport, currents, or tidal flows or significantly reduce floodwater storage capacities; and 3825 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 118/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iii) The proposed action includes all feasible mitigation measures to protect marine, estuarine, 3826 freshwater and terrestrial species and habitats. [Ord. 7-13 Exh. A (Art. VII § 3)] 3827 18.25.370 Filling and excavation. 3828 (1) Policies. 3829 (a) Filling, as defined in Article II of this chapter, should only be allowed waterward of the ordinary 3830 high water mark when alternatives are infeasible and when the filling is: 3831 (i) Necessary to support an approved water-dependent use or essential public 3832 infrastructure/facility; or 3833 (ii) Part of an approved ecological restoration or enhancement project; or 3834 (iii) Part of an approved aquaculture operation when the fill is required to improve production; 3835 or 3836 (iv) Part of an approved beach nourishment project; or 3837 (v) Required to provide public access for a substantial number of people; or 3838 (vi) Required to provide water-oriented public recreation for a substantial number of people. 3839 (b) Filling and excavation should not be allowed where structural shoreline stabilization would be 3840 required to maintain the materials placed or excavated. 3841 (c) When allowed, filling and excavation should be conducted so that water quality, habitat, 3842 hydrology, natural erosion rates, and runoff/drainage patterns are not adversely affected. 3843 (2) Shoreline Environment Regulations. 3844 (a) Priority Aquatic. Filling may be permitted subject to a conditional use permit if allowed in the 3845 adjacent upland environment. 3846 (b) Aquatic. Filling may be permitted subject to a conditional use permit if allowed in the adjacent 3847 upland environment. 3848 (c) Natural. Filling and excavation is prohibited, except filling and excavation may be permitted as an 3849 essential element of an approved shoreline restoration project/program. 3850 (d) Conservancy. Filling and excavation may be permitted subject to the policies and regulations of 3851 this program and a conditional use permit. 3852 (e) Shoreline Residential. Filling and excavation may be permitted subject to the policies and 3853 regulations of this program. 3854 (f) High Intensity. Filling and excavation may be permitted subject to the policies and regulations of 3855 this program. 3856 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 119/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (3) Regulations. 3857 (a) Filling and/or excavation shall only be allowed as part of an approved shoreline use and/or 3858 development activity and shall be subject to the requirements of the primary use/development. 3859 (b) Excavation below the ordinary high water mark shall be considered dredging and shall be subject 3860 to JCC 18.25.360 (Dredging). 3861 (c) When allowed, filling and/or excavation shall be located, designed, and carried out in a manner 3862 that: 3863 (i) Minimizes adverse impacts on the shoreline environment; and 3864 (ii) Blends in physically and visually with natural topography, so as not to interfere with 3865 appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline; and 3866 (iii) Does not require shoreline armoring or stabilization to protect materials placed unless it is 3867 part of an approved shoreline restoration project and shoreline armoring or stabilization 3868 measures are needed to keep the material in place. 3869 (d) Fill materials placed within shoreline jurisdiction shall be from an approved source and shall 3870 consist of clean sand, gravel, soil, rock or similar material. The use of contaminated material or 3871 construction debris shall be prohibited. 3872 (e) Fill placed waterward of the ordinary high water mark shall only be permitted when alternatives 3873 are infeasible and when the filling/excavation is necessary to support one or more of the following: 3874 (i) Approved marinas, ports, and other water-dependent industries where upland alternatives 3875 or structural solutions including pile or pier supports are infeasible. 3876 (ii) Development or maintenance of essential public infrastructure and facilities. 3877 (iii) Environmental clean-up activities required by MTCA and CERCLA. 3878 (iv) Maintenance of a lawfully established use or development. 3879 (v) Ecological restoration and enhancement projects benefiting water quality and/or fish and 3880 wildlife habitat. 3881 (vi) Public access and public water-oriented recreation projects benefiting substantial numbers 3882 of people. 3883 (vii) Part of an approved shoreline stabilization, flood control or in-stream structure project 3884 when consistent with this program. 3885 (f) Filling in areas of special flood hazard shall conform to the flood damage prevention provisions of 3886 Chapter 15.15 JCC. 3887 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 120/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (g) The following information shall be required for all proposals involving fill or excavation unless 3888 the county determines that issues are adequately addressed via another regulatory review process: 3889 (i) A description of the proposed use of the fill area; and 3890 (ii) A description of the fill material, including its source, and physical, chemical and biological 3891 characteristics; and 3892 (iii) A description of the method of placement and compaction; and 3893 (iv) A description of the location of the fill relative to natural and/or existing drainage patterns; 3894 and 3895 (v) A description and map of the fill area and depth relative to the ordinary high water mark 3896 (OHWM); and 3897 (vi) A description of proposed means to control erosion and stabilize the fill; and 3898 (vii) A temporary erosion and sediment control (TESC) plan; and 3899 (viii) A description of proposed surface runoff control measures. [Ord. 7-13 Exh. A (Art. VII § 4)] 3900 18.25.380 Flood control structures. 3901 (1) Policies. 3902 (a) The county should prevent the need for flood control works by limiting new development in 3903 flood-prone areas. 3904 (b) New or expanded development or uses in the shoreline, including subdivision of land, that 3905 would likely require flood control structures within a stream, channel migration zone, or floodway 3906 should be prohibited. 3907 (c) Construction of new flood control structures should only be allowed where there is a 3908 documented need to protect an existing structure and mitigation is applied, consistent with this 3909 program. New development should be designed and located to preclude the need for such flood 3910 control structures. 3911 (d) When evaluating the need for flood control structures such as traditional levees and/or dams, 3912 opportunities to remove or relocate existing developments and structures out of flood-prone areas 3913 should be pursued to the maximum extent feasible. Alternative measures, such as overflow 3914 corridors and setback levees, that may have less adverse impact on shoreline ecology should be 3915 considered before structural flood control measures can be approved. 3916 (e) Probable effects on ecological functions and processes should be fully evaluated for consistency 3917 with this program before flood control structures are permitted. 3918 (f) Flood control structures are a necessary and appropriate means of protecting existing 3919 development only when all of the following are met: 3920 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 121/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) The primary use being protected is consistent with this program; and 3921 (ii) Nonstructural flood hazard reduction measures are infeasible; and 3922 (iii) Where such structures can be developed in a manner that is compatible with multiple use 3923 of streams; and 3924 (iv) Where shoreline resources such as fish and wildlife habitat and recreation are protected in 3925 the long term. 3926 (g) When proven necessary, flood control structures should be located, designed, and maintained in 3927 a manner that: 3928 (i) Minimizes adverse effects on shoreline ecology; and 3929 (ii) Is compatible with navigation and recreation, especially in shorelines of statewide 3930 significance; provided, that public safety and ecological protection are fully addressed; and 3931 (iii) Incorporates native vegetation to enhance ecological functions, creates a more natural 3932 appearance, improves ecological processes, and provides more flexibility for long-term 3933 shoreline management. 3934 (iv) Nonregulatory methods to protect, enhance, and restore shoreline ecological functions and 3935 processes and other shoreline resources should be encouraged as an alternative to flood 3936 control structures. Nonregulatory methods may include public facility and resource planning, 3937 land or easement acquisition, education, voluntary protection and enhancement projects, or 3938 incentive programs. 3939 (h) The county should continue to develop long-term, comprehensive flood hazard management 3940 plans in cooperation with other applicable agencies and persons to prevent flood damage, maintain 3941 the natural hydraulic capacity of streams and floodplains, and conserve or restore valuable, limited 3942 resources such as fish, water, soil, and recreation and scenic areas. 3943 (i) Planning and design of flood control structures should be consistent with and incorporate 3944 elements from adopted watershed management plans, restoration plans and/or surface water 3945 management plans. 3946 (2) Shoreline Environment Regulations. 3947 (a) Priority Aquatic. Flood control structures may be permitted subject to the policies and 3948 regulations of this program and a conditional use permit if allowed in the adjacent upland 3949 environment. 3950 (b) Aquatic. Flood control structures may be permitted subject to the policies and regulations of this 3951 program and a conditional use permit if allowed in the adjacent upland environment. 3952 (c) Natural. Flood control structures are prohibited. 3953 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 122/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) Conservancy. Flood control structures may be permitted subject to the policies and regulations 3954 of this program and a conditional use permit. 3955 (e) Shoreline Residential. Flood control structures may be allowed subject to the policies and 3956 regulations of this program and a conditional use permit. 3957 (f) High Intensity. Flood control structures may be permitted subject to the policies and regulations 3958 of this program and a conditional use permit. 3959 (3) Regulations. 3960 (a) Flood control structures shall be permitted only when there is credible engineering and scientific 3961 evidence that: 3962 (i) They are necessary to protect existing, lawfully established development; and 3963 (ii) They are consistent with Chapters 15.15 and 18.30 JCC and the county Comprehensive Plan; 3964 and 3965 (iii) Nonstructural flood hazard reduction measures are infeasible; and 3966 (iv) Proposed measures are consistent with an adopted comprehensive flood hazard 3967 management plan if available. 3968 (b) When permitted, flood control structures shall be: 3969 (i) Constructed and maintained in a manner that does not degrade the quality of affected 3970 waters or the habitat value associated with the in-stream and riparian area; and 3971 (ii) Placed landward of the OHWM except for weirs, current deflectors and similar structures 3972 whose primary purpose is to protect public bridges and roads; and 3973 (iii) Placed landward of associated wetlands and designated habitat conservation areas, except 3974 for structures whose primary purpose is to improve ecological functions; and 3975 (iv) Designed based on engineering and scientific analyses that provide the highest degree of 3976 protection to shoreline ecological functions or processes; and 3977 (v) Designed to allow for normal ground water movement and surface runoff. Natural in-stream 3978 features such as snags, uprooted trees, or stumps should be left in place unless they are 3979 actually causing bank erosion or higher flood stages; and 3980 (vi) Designed to allow streams to maintain point bars and associated aquatic habitat through 3981 normal accretion so that the stream can maintain normal meander progression and maintain 3982 most of its natural storage capacity. 3983 (c) When permitted, dikes and levees shall be limited to that height required to protect adjacent 3984 lands from the predictable annual flood unless it can be demonstrated through hydraulic modeling 3985 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 123/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. that a greater height is needed and will not adversely impact shoreline ecological functions and 3986 processes. 3987 (d) Flood control works are prohibited on estuary or embayment shores, on point and channel bars, 3988 and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat 3989 enhancement or restoration. 3990 (e) Flood control structures and stream channelization projects that damage fish and wildlife 3991 resources, recreation or aesthetic resources, or create high flood stages and velocities shall be 3992 prohibited. 3993 (f) Use of solid waste such as motor vehicles, derelict vessels, appliances, or demolition debris; 3994 construction of flood control works is prohibited. 3995 (g) Flood control structures shall not adversely affect valuable recreation resources and aesthetic 3996 values such as point and channel bars, islands, and braided banks. 3997 (h) The county shall require flood control structures to be professionally engineered and designed 3998 prior to final approval. The design shall be consistent with the Department of Fish and Wildlife 3999 Aquatic Habitat Guidelines and other applicable guidance and regulatory requirements. 4000 (i) No flood control structure shall be installed or constructed without the developer having 4001 obtained all applicable federal, state, and local permits and approvals, including but not limited to a 4002 Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife. 4003 (j) Removal of beaver dams to control or limit flooding shall be allowed; provided, that the project 4004 proponent coordinates with the Department of Fish and Wildlife and obtains all necessary permits 4005 and approvals from the state. 4006 (k) To determine that the provisions of this section are fully addressed, the county may require one 4007 or more technical studies/reports at the time of permit application for flood control structures 4008 unless the county determines that issues are adequately addressed via another regulatory review 4009 process. Technical reports required pursuant to this section shall address the following: 4010 (i) An analysis of the flood frequency, duration and severity and expected health and safety 4011 risks as a rationale and justification for the proposed structure. 4012 (ii) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated 4013 effects of the project on stream hydraulics, including potential increases in base flood 4014 elevation, changes in stream velocity, and the potential for redirection of the normal flow of 4015 the affected stream. 4016 (iii) A biological resource inventory and analysis prepared by a qualified professional biologist 4017 that describes the anticipated effects of the project on fish and wildlife resources. 4018 (iv) Proposed provisions for accommodating public access to and along the affected shoreline, 4019 as well as any proposed on-site recreational features. 4020 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 124/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (v) A description of any proposed plans to remove vegetation and revegetate the site following 4021 construction. 4022 (l) To ensure compliance with the no net loss provisions of this program, the county may require the 4023 proponent to prepare a mitigation plan that describes measures for protecting shoreline and in-4024 stream resources during construction and operation of a flood control structure. The required 4025 mitigation shall be commensurate with the value and type of resource or system lost. Mitigation 4026 activities shall be monitored by the proponent to determine the effectiveness of the mitigation 4027 plan. In instances where the existing mitigation measures are found to be ineffective, the 4028 proponent shall take corrective action that satisfies the objectives of the mitigation plan. [Ord. 7-13 4029 Exh. A (Art. VII § 5)] 4030 18.25.390 In-stream structures. 4031 (1) Policies. 4032 (a) Large-scale in-stream structures such as hydroelectric dams and related facilities are discouraged 4033 in Jefferson County. Such facilities should not be permitted except in the rare instance where there 4034 is clear evidence that the benefits to county residents outweigh any potential adverse ecological 4035 impacts. 4036 (b) In-stream structures should be approved only when associated with and necessary for an 4037 ecological restoration project, a fish passage project, or an allowed shoreline use/development such 4038 as a utility or industrial facility. 4039 (c) When necessary, in-stream structures should be located, designed, operated and maintained in 4040 a manner that minimizes adverse effects on the stream functions and processes. 4041 (d) Proposals for new in-stream structures should be evaluated for their potential adverse effects 4042 on the physical, hydrological, and biological characteristics as well as effects on species that inhabit 4043 the stream or riparian area. 4044 (e) When necessary, in-stream structures should be planned and designed to be compatible with 4045 navigation and recreation, especially in shorelines of statewide significance; provided, that public 4046 safety and ecological protection are fully addressed. 4047 (2) Shoreline Environment Regulations. 4048 (a) Priority Aquatic. In-stream structures may be allowed subject to the policies and regulations of 4049 this program and a conditional use permit if allowed in the adjacent upland environment. 4050 (b) Aquatic. In-stream structures may be allowed subject to the policies and regulations of this 4051 program and a conditional use permit if allowed in the adjacent upland environment. 4052 (c) Natural. In-stream structures are prohibited, except that in-stream structures (such as large 4053 woody debris) whose primary purpose is restoration of shoreline ecological conditions may be 4054 permitted subject to the provisions of this program. 4055 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 125/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) Conservancy. In-stream structures may be allowed subject to the policies and regulations of this 4056 program and a conditional use permit. 4057 (e) Shoreline Residential. In-stream structures may be allowed subject to the policies and 4058 regulations of this program and a conditional use permit. 4059 (f) High Intensity. In-stream structures may be allowed subject to the policies and regulations of this 4060 program and a conditional use permit. 4061 (3) Regulations. 4062 (a) Dams and associated power generating facilities shall not be permitted except in the rare 4063 instance where there is clear evidence that the benefits to county residents outweigh any potential 4064 adverse ecological impacts. The criteria for approving such facilities will depend on the specific 4065 location including its particular physical, cultural, and ecological conditions. Prior to approving or 4066 denying such facilities, the county shall consult citizens and appropriate agencies to evaluate in-4067 stream structure proposals. 4068 (b) In-stream structures whose primary purpose is flood control shall be subject to JCC 18.25.380 4069 (Flood control structures) and this section. In-stream structures whose purpose is power generation 4070 shall be subject to the policies and regulations for JCC 18.25.470 (industrial use) and this section. 4071 (c) When permitted, in-stream structures and their support facilities shall be: 4072 (i) Constructed and maintained in a manner that does not degrade the quality of affected 4073 waters or the habitat value associated with the in-stream and riparian area; and 4074 (ii) Located and designed based on reach analysis to avoid the need for structural shoreline 4075 armoring. 4076 (d) All in-water diversion structures shall be designed to permit the natural transport of bedload 4077 materials. All debris, overburden and other waste materials from construction shall be disposed of 4078 in such a manner that prevents their entry into a water body. 4079 (e) In-stream structures shall not impede upstream or downstream migration of anadromous fish. 4080 (f) Small-scale power generating microturbines may be placed in streams, provided they do not 4081 create impoundments and there are no adverse effects on shoreline functions and processes, 4082 including but not limited to, stream flow, habitat structure, temperature, and/or water quality. The 4083 county shall take appropriate measures and precautions to prevent the proliferation of small-scale 4084 power generating apparatus as necessary to prevent cumulative adverse impacts. 4085 (g) The county shall require any proposed in-stream structure to be professionally engineered and 4086 designed prior to final approval. 4087 (h) No in-stream structure shall be installed without the developer having obtained all applicable 4088 federal, state, and local permits and approvals, including but not limited to a Hydraulic Project 4089 Approval (HPA) from the State Department of Fish and Wildlife. 4090 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 126/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) The county shall require the proponent of any in-stream structure proposal to provide the 4091 following information prior to final approval unless the county determines that the issues are 4092 adequately addressed via another regulatory review process: 4093 (i) A site suitability analysis that provides the rationale and justification for the proposed 4094 structure. The analysis shall include a description and analysis of alternative sites, and a 4095 thorough discussion of the environmental impacts of each; and 4096 (ii) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated 4097 effects of the project on stream hydraulics, including potential increases in base flood 4098 elevation, changes in stream velocity, and the potential for redirection of the normal flow of 4099 the affected stream; and 4100 (iii) A biological resource inventory and analysis prepared by a qualified professional biologist 4101 that describes the anticipated effects of the project on fish and wildlife resources; and 4102 (iv) For hydropower facilities, the proposed location and design of powerhouses, penstocks, 4103 accessory structures and access and service roads; and 4104 (v) Proposed provisions for accommodating public access to and along the affected shoreline, 4105 as well as any proposed on-site recreational features; and 4106 (vi) A description of any plans to remove vegetation and/or revegetate the site following 4107 construction; and proposed mitigation plan that describes, in detail, provisions for protecting 4108 in-stream resources during construction and operation, and measures to compensate for 4109 impacts that resources that cannot be avoided. 4110 (vii) A description of sites proposed for the depositing of debris, overburden, and other waste 4111 materials generated during construction. [Ord. 7-13 Exh. A (Art. VII § 6)] 4112 18.25.400 Restoration. 4113 (1) Policies. 4114 (a) Protection of existing resources is the best way to ensure the long-term health and well-being of 4115 Jefferson County shorelines. Restoration should be used to complement the protection strategies 4116 required by this program to achieve the greatest overall ecological benefit. 4117 (b) This program recognizes the importance of restoring shoreline ecological functions and 4118 processes. Jefferson County supports cooperative restoration efforts by strategically organizing 4119 programs between local, state, and federal public agencies, tribes, nonprofit organizations, and 4120 landowners to improve shorelines with impaired ecological functions and/or processes. 4121 (c) Restoration actions should restore shoreline ecological functions and processes as well as 4122 shoreline features and should be targeted toward meeting the needs of sensitive and/or regionally 4123 important plant, fish and wildlife species. 4124 (d) Restoration should be integrated with and should support other natural resource management 4125 efforts in Jefferson County and in the greater Puget Sound region. 4126 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 127/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) Priority should be given to restoration actions that meet the goals and objectives contained in 4127 JCC 18.25.170 (Restoration and enhancement). 4128 (f) When prioritizing restoration actions, the county should give highest priority to measures that 4129 have the greatest chance of reestablishing ecosystem processes and creating self-sustaining 4130 habitats. 4131 (2) Shoreline Environment Regulations. 4132 (a) Priority Aquatic. Restoration may be permitted subject to provisions of this program. 4133 (b) Aquatic. Restoration may be permitted subject to provisions of this program. 4134 (c) Natural. Restoration may be permitted subject to provisions of this program. 4135 (d) Conservancy. Restoration may be permitted subject to provisions of this program. 4136 (e) Shoreline Residential. Restoration may be permitted subject to provisions of this program. 4137 (f) High Intensity. Restoration may be permitted subject to provisions of this program. 4138 (3) Regulations. Restoration shall be carried out in accordance with an approved restoration plan and in 4139 accordance with the policies and regulations of this program. [Ord. 7-13 Exh. A (Art. VII § 7)] 4140 (4) The County may grant relief from shoreline master program development standards and use 4141 regulations resulting from shoreline restoration projects within urban growth areas consistent with 4142 criteria and procedures in WAC 173-27-215. 4143 18.25.410 Structural shoreline armoring and shoreline stabilization. 4144 (1) Policies. 4145 (a) The county should take active measures to preserve natural unarmored shorelines and prevent 4146 the proliferation of bulkheads and other forms of shoreline armoring. 4147 (b) Nonstructural stabilization measures including relocating structures, increasing buffers, 4148 enhancing vegetation, managing drainage and runoff and other measures are preferred over 4149 structural shoreline armoring. 4150 (c) Structural shoreline armoring should only be permitted when necessary to support a primary 4151 structure associated with an approved shoreline use/development, public infrastructure, and/or 4152 essential public facilities when other alternatives are infeasible. 4153 (d) Where beach erosion threatens an existing use or development, proposals for new structural 4154 shoreline armoring should evaluate a range of options and designs. On a reach-specific basis, causes 4155 of erosion as well as effects should be evaluated. Beach management issues such as sediment 4156 conveyance, geohydraulic processes, and ecological relationships all should be considered in 4157 arriving at a design to minimize disturbance. 4158 Commented [AS161]: Eliminated the bold. Commented [LG162]: 2009 a Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 128/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) Shoreline stabilization and shoreline armoring for the purpose of leveling or extending property 4159 or creating or preserving residential lawns, yards or landscaping should not be allowed. 4160 (f) When structural shoreline armoring is determined necessary to protect public infrastructure and 4161 primary structures, it should be located, designed, and maintained in a manner that minimizes 4162 adverse effects on shoreline ecology, including effects on the project site, adjacent properties, and 4163 sediment transport to downdrift areas. 4164 (g) Before approving shoreline armoring structures, the county should require the proponent to 4165 identify, address and mitigate probable effects on shoreline processes and functions. 4166 (h) Shoreline armoring structures should be located and designed based on an understanding of 4167 long-term physical shoreline processes. The structural shoreline armoring should fit the physical 4168 character and hydraulic energy of a specific shoreline reach, which may differ substantially from 4169 adjacent reaches. 4170 (i) Vertical concrete or rock walls should be avoided whenever possible and only be used to protect 4171 shorelines as a last resort and only when extreme measures are required. 4172 (j) Structural shoreline armoring should not interfere with existing or future public access to public 4173 shorelines nor with other appropriate shoreline uses such as navigation, seafood harvest, or 4174 recreation. 4175 (k) When seeking approval for new structural shoreline armoring, the project proponent should 4176 include public access that is consistent with JCC 18.25.290 (Public access). 4177 (l) Proponents of new structural shoreline armoring should coordinate with other affected property 4178 owners and public agencies to address ecological and geo-hydraulic processes, sediment 4179 conveyance and beach management issues for the whole drift sector (net shoreline-drift cell) or 4180 shoreline reach where feasible. 4181 (m) Where feasible, any failing, harmful, unnecessary, or ineffective structural shoreline armoring 4182 should be removed, and shoreline ecological functions and processes should be restored using 4183 nonstructural methods. 4184 (n) In addition to conforming to the regulations in this program, nonregulatory methods to protect, 4185 enhance, and restore shoreline ecological functions and other shoreline resources should be 4186 encouraged. Nonregulatory methods may include public facility and resource planning, technical 4187 assistance, education, voluntary enhancement and restoration projects, land acquisition and 4188 restoration, or other incentive programs. 4189 (2) Shoreline Environment Regulations. 4190 (a) Priority Aquatic. Shoreline stabilization may be permitted subject to the provisions of this 4191 program. New structural shoreline armoring is prohibited, except to protect existing public 4192 transportation infrastructure and essential public facilities, in which case it may be allowed as a 4193 conditional use. 4194 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 129/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) Aquatic. Shoreline stabilization may be permitted subject to the provisions of this program. 4195 Structural shoreline armoring to protect existing public transportation infrastructure and existing 4196 essential public facilities may be allowed as a conditional use if allowed in the adjacent upland 4197 environment. Structural shoreline armoring to protect new residential developments is prohibited. 4198 (c) Natural. Shoreline stabilization may be permitted subject to the provisions of this program. 4199 Structural shoreline armoring is prohibited except that structural shoreline armoring to protect 4200 existing public transportation infrastructure and existing essential public facilities may be allowed as 4201 a conditional use. 4202 (d) Conservancy. Shoreline stabilization may be permitted subject to the provisions of this program. 4203 Shoreline armoring structures may be permitted as a conditional use. 4204 (e) Shoreline Residential. Shoreline stabilization may be permitted subject to the provisions of this 4205 program. Shoreline armoring structures may be permitted as a conditional use. 4206 (f) High Intensity. Shoreline stabilization may be permitted subject to the provisions of this program. 4207 Shoreline armoring structures may be permitted as a conditional use. 4208 (3) Regulations – Existing Structural Shoreline Armoring. 4209 (a) Existing structural shoreline armoring, as defined in Article II of this chapter, which can no longer 4210 adequately serve its purpose may be replaced in kind if there is a demonstrated need to protect 4211 public transportation infrastructure, essential public facilities, and primary structures from erosion 4212 caused by currents, tidal action, or waves and all of the following apply: 4213 (i) The replacement structure is designed, located, sized, and constructed to assure no net loss 4214 of ecological functions. 4215 (ii) The replacement structure performs the same stabilization function of the existing structure 4216 and does not require additions to or increases in size. 4217 (iii) The replacement structure shall not encroach waterward of the ordinary high water mark 4218 or existing structure unless the residence was occupied prior to January 1, 1992, and there are 4219 overriding safety or environmental concerns. In such cases, the replacement structure shall 4220 abut the existing shoreline stabilization structure. 4221 (b) Removal of older structures is required as new ones are put in place. Exceptions may be made 4222 by the administrator only in cases where removal would cause more ecological disturbance than 4223 leaving the remnant structure in place. 4224 (4) Regulations – Subdivisions and Existing Lots without Structures. 4225 (a) Land subdivisions shall be designed using geotechnical analysis to assure that future 4226 development or use of the established lots will not require structural shoreline armoring or 4227 shoreline stabilization. 4228 Commented [AS163]: Edit made per Ecology required change 8 (9/30/22) Commented [LG164]: added per WAC 173-26- 231(3)(a)(iii)(A) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 130/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) Use of a bulkhead, revetment or similar shoreline armoring to protect a platted lot where no 4229 primary use or structure presently exists shall be prohibited. Where such shoreline armoring 4230 already exists, property owners are strongly encouraged to remove it. 4231 (c) Structural shoreline armoring or shoreline stabilization for the sole purpose of leveling or 4232 extending property or creating or preserving residential lawns, yards, or landscaping shall be 4233 prohibited. Where such shoreline armoring already exists, property owners are strongly encouraged 4234 to remove it. 4235 (5) Regulations – New or Expanded Structural Shoreline Armoring, When Allowed. 4236 (a) Structural shoreline armoring shall be prohibited in or adjacent to lakes and other low energy 4237 environments such as bays, and accreting marine shores. Where such shoreline armoring already 4238 exists, property owners are strongly encouraged to remove it. 4239 (b) New structural shoreline armoring may be permitted and existing structural shoreline armoring 4240 may be expanded only when one or more of the following apply: 4241 (i) When necessary to support a project whose primary purpose is enhancing or restoring 4242 ecological functions. 4243 (ii) As part of an effort to remediate hazardous substances pursuant to Chapter 70.105 RCW. 4244 (iii) When necessary to protect public transportation infrastructure or essential public facilities 4245 and other options are infeasible. 4246 (iv) When necessary to protect an existing, lawfully established primary structure or support a 4247 water-oriented use, including adependent development or new non-water-dependent 4248 development,, including a single-family residence but not including a boathouse or €other 4249 accessory structure, that is in imminent danger of loss or substantial damage from erosion 4250 caused by tidal action, currents, or waves. 4251 (c) Proposals for new or expanded structural shoreline armoring allowed under subsection (5)(b) of 4252 this section shall clearly demonstrate all of the following before a permit can be issued: 4253 (i) The erosion is not being caused by upland conditions, such as the loss of vegetation or poor 4254 drainage. 4255 (ii) The structural shoreline armoring design is the least environmentally damaging alternative. 4256 (iii) The shoreline armoring complies with the flood damage prevention regulations in Chapter 4257 15.15 JCC 18.30.070. 4258 (iv) Adverse impacts are fully mitigated according to the prescribed mitigation sequence such 4259 that there is no net loss of shoreline ecological functions or processes. 4260 Commented [AS165]: Edits made per Ecology required change 8 (9/30/22). Commented [LG166]: Staff Docket/Code Interpretations Commented [LG167]: Response to Comment: 12.15 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 131/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (v) Alternatives to structural shoreline armoring including vegetative shoreline stabilization, 4261 flexible/natural materials and methods, beach nourishment and other forms of bioengineering 4262 are determined to be infeasible or insufficient. 4263 (d) When evaluating the need for new or expanded structural shoreline armoring, the applicant 4264 shall consider the range of options described in the most current technical guidance, including but 4265 not limited to Soft Shoreline Stabilization (Ecology, 2014), Marine Shoreline Design Guidelines 4266 (WDFW 2014), and similar. The administrator shall require the applicant to examine and implement 4267 alternatives to structural shoreline armoring in the following order of preference: 4268 (i) No action (allow the shoreline to retreat naturally). 4269 (ii) Increased Nonstructural measures including increased buffers/building setbacks, 4270 drainage/runoff management, and/or relocated structures. 4271 (iii) Use of flexible/natural, soft or hybrid materials and methods, vegetation 4272 enhancement/stabilization, beach nourishment, protective berms, or bioengineered shoreline 4273 stabilization. Soft approaches shall be used unless demonstrated not to be sufficient to protect 4274 primary structures, dwellings, and businesses. 4275 (e) The county shall require applicants for new or expanded structural shoreline armoring to 4276 provide credible evidence of erosion in a geotechnical analysis as the basis for documenting that the 4277 primary structure is in imminent danger from shoreline erosion caused by tidal action, currents, or 4278 waves. The evidencegeotechnical analysis shall: 4279 (i) Demonstrate that the erosion is not due to landslides, sloughing or other forms of shoreline 4280 erosion unrelated to water action at the toe of the slope; and 4281 (ii) Include an assessment ofDemonstrate that the erosion is not due to on-site drainage and 4282 vegetation characteristics, and their effectscannot be addressed through on slope stability-site 4283 drainage improvements or vegetation planting; and 4284 (iii) Be prepared by a licensed professional engineer or geologist or other qualified professional 4285 with appropriate credentials. 4286 (6) Regulations – New or Expanded Shoreline Armoring, Design Standards. 4287 (a) New or expanded shoreline armoring shall be designed by a state licensed professional 4288 geotechnical engineer and/or engineering geologist and constructed according to applicable U.S. 4289 Army Corps of Engineers requirements and/or State Department of Fish and Wildlife Aquatic 4290 Habitat Guidelines. 4291 (b) The size of structural shoreline armoring shall be limited to the minimum necessary to protect 4292 the primary use or structure that it is intended to protect. 4293 (c) When shoreline armoring is permitted, isit shall be constructed of erosion resistant, 4294 environmentally safe and durable materials that are easy to maintain. 4295 Commented [AS168]: Edits made per Ecology recommended change 27 (9/30/22). Commented [LG169]: Added per WAC 173-26- 231(3)(a)(iii)(E) Commented [LG170]: Sea Level Rise reference: Similar to SMPs for South Bend Commented [LG171]: Added per WAC 173-26- 231(3)(a)(iii)(B)(II) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 132/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) Shoreline armoring shall be designed and constructed with gravel backfill and weep holes so that 4296 natural downward movement of surface or ground water may continue without ponding or 4297 saturation that could compromise the surrounding soil stability. 4298 (e) All forms of structural shoreline armoring shall be constructed and maintained in a manner that 4299 does not degrade the quality of affected waters. The county may require setbacks, buffers, and/or 4300 other measures to achieve these objectives. 4301 (f) Shoreline defense structuresarmoring shall not be constructed with waste materials such as 4302 demolition debris, derelict vessels, tires, concrete or any other materials which might have adverse 4303 toxic or visual impacts on shoreline areas. 4304 (g) Gabions are prohibited as a means of stabilizing shorelines because of their limited durability 4305 and the potential hazard to shoreline users and the shoreline environment. 4306 (h) Proposals, other than single-family residential developments of more than four or fewer lots, that 4307 involve new or expanded shoreline armoring shall incorporate public access features consistent 4308 with JCC 18.25.290 (Public access). 4309 (7) Regulations – Bulkheads. 4310 (a) Bulkheads shall comply with the regulations noted in subsections (2) through (6) of this section. 4311 (b) Bulkheads shall meet all of the following criteria: 4312 (i) They shall be located generally parallel to the shoreline. Adequate bank toe protection shall 4313 be provided to ensure bulkhead stability without relying on additional rip-rap; and 4314 (ii) They shall be located so as to tie in flush with existing bulkheads on adjoining properties, 4315 except when adjoining bulkheads do not comply with the design or location requirements set 4316 forth in this program. 4317 (8) Regulations – Revetments. 4318 (a) Revetments shall comply with the regulations noted in subsections (2) through (6) of this 4319 section. 4320 (b) Revetments shall meet all of the following criteria: 4321 (i) Revetments shall be placed landward of associated wetlands; and 4322 (ii) Revetments shall be located sufficiently landward of the stream channel to allow streams to 4323 maintain point bars and associated aquatic habitat through normal€mal accretion; and 4324 (iii) Revetments shall be prohibited on estuarine shores, in wetlands, on point and channel 4325 bars, and in salmon and trout spawning areas. 4326 (c) Revetments or similar structures that have already cut off point bars from the stream shall be 4327 relocated if feasible. 4328 Commented [LG172]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 133/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) When requesting a permit for a revetment along a stream or river, the applicant shall provide a 4329 geotechnical analysis of stream geomorphology both upstream and downstream of the proposed 4330 revetment site to assess the physical character and hydraulic energy potential of the specific stream 4331 reach and adjacent upstream or downstream reaches. The purpose of such analysis is to assure that 4332 the physical integrity of the stream corridor is maintained, that stream processes are not adversely 4333 affected, and that the revetment will not cause significant damage to other properties or shoreline 4334 functions and processes. 4335 (9) Regulations – Breakwaters, Jetties, and Seawalls. 4336 (a) Breakwaters, jetties, and seawalls shall comply with the regulations noted in subsections (2) 4337 through (6) of this section. 4338 (b) Breakwaters, jetties, and seawalls shall only be allowed when shown to be necessary: 4339 (i) For purposes of navigation, or fisheries or habitat enhancement; or 4340 (ii) To protect from strong wave action public water-dependent uses such as a harbor, marina, 4341 or port that are located seaward of the existing shoreline; or 4342 (iii) When adverse impacts on water circulation, sediment transport, fish and wildlife migration, 4343 shellfish, and aquatic vegetation can be effectively mitigated. 4344 (c) Open-pile, floating, portable, or submerged breakwaters, or several smaller discontinuous 4345 structures that are anchored in place, shall be preferred over fixed breakwaters. 4346 (10) Regulations –Shoreline Stabilization (including bioengineering and biostabilization). New, 4347 expanded, or replacement proposals for shoreline stabilization shall comply with applicable policies and 4348 regulations in subsections (1), (2), (4) and (11) of this section. If a stabilization proposal also includes 4349 hard armoring, the proposal shall be reviewed under applicable policies and regulations in subsections 4350 (1) through (9) and (11) of this section. Soft shoreline stabilization measures that provide restoration of 4351 shoreline ecological functions may be permitted waterward of the ordinary high-water mark. 4352 (11) Regulations – Application Requirements. To verify that the provisions of this section are fully 4353 addressed, the county may require information to support a permit application for any type of structural 4354 shoreline armoring or shoreline stabilization. Application information required pursuant to this section 4355 shall address the urgency and risks associated with the specific site characteristics and shall include: 4356 (a) A scaled site plan showing: (i) existing site topography and (ii; (ii) the height, length, and width of 4357 existing and proposed armoring or stabilization; and (iii) the location of existing and proposed 4358 shoreline stabilization, shoreline armoring structures, and any fill including dimensions indicating 4359 distances to the OHWMand compass bearing between the face of the proposed armoring or 4360 stabilization and the OHWM, appropriate tidal elevation, and permanent benchmarks; and 4361 (b) A description of the processes affecting the site and surrounding areas, including but not limited 4362 to: tidal action and/or waves; slope instability or mass wasting; littoral drift; channel migration; and 4363 soil erosion, deposition, or accretion; and 4364 Commented [AS173]: Edits made per Ecology recommended change 27 (9/30/22). Commented [AS174]: edits made in response to WDFW comment letter dated 11/23/2020 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 134/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) A description of alternatives to structural approaches, and a thorough discussion of the 4365 environmental impacts of each alternative; and 4366 (d) A description of any proposed vegetation removal and a plan to revegetate the site following 4367 construction; and 4368 (e) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated 4369 effects of the project on water and wave elevations and velocities; and 4370 (f(f) If required per subsections (4) and (5) above, a geotechnical report prepared by a licensed 4371 geotechnical engineer or engineering geologist. The report shall address the necessity for shoreline 4372 stabilization or structural shoreline armoring to protect a primary structure by estimating time 4373 frames and rates of erosion and assessing the urgency associated with the specific situation. As a 4374 general matter, hard armoring solutions should not be authorized except when a report confirms 4375 that there is a significant possibility that such a structure will be damaged within three years as a 4376 result of shoreline erosion in the absence of such hard armoring measures, or where waiting until 4377 the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on 4378 ecological functions. Thus, where the geotechnical report confirms a need to prevent potential 4379 damage to a primary structure, but the need is not as immediate as three years, that report may 4380 still be used to justify more immediate authorization to protect against erosion using soft measures. 4381 (g) A biological resource inventory and analysis prepared by a qualified professional biologist that 4382 describes the anticipated effects of the project on fish and wildlife resources; and 4383 (gh) A description of opportunities for providing public access to and along the affected shoreline, 4384 as well as any proposed on-site recreational features if applicable; and 4385 (hi) A description of any waste and debris disposal sites for materials generated during construction; 4386 and 4387 (ij) Any other information that may be required to demonstrate compliance with the review criteria 4388 referenced in this section. [Ord. 7-13 Exh. A (Art. VII § 8)] 4389 Article VIII. Use-Specific Policies and Regulations 4390 18.25.420 Purpose. 4391 This article describes policies and regulations that apply to specific uses and developments in the 4392 shoreline jurisdiction. The policies and regulations are intended to work in concert with the master 4393 program goals (Article III of this chapter) and the general policies and regulations (Article IV of this 4394 chapter). Policies and regulations that address specific shoreline modifications (e.g., bulkheads, piers, 4395 dredging, etc.) that may be associated with, or accessory to, a specific use are in Article VII of this 4396 chapter. [Ord. 7-13 Exh. A (Art. VIII)] 4397 18.25.430 Agriculture. 4398 (1) Policies. 4399 Commented [AS175]: Edit made per Ecology recommended change 27 (9/30/22) Commented [LG176]: added per WAC 173-26- 231(3)(a)(iii)(D) Commented [LG177]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 135/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Agriculture is important to the long-term economic viability of Jefferson County. Consistent with 4400 WAC 173-26-241(3)(a)(ii), this program should not modify or limit ongoing agricultural activities 4401 occurring on agricultural lands. 4402 (b) New agricultural uses and development, as defined in Article II of this chapter, proposed on land 4403 not currently in agricultural use, and conversion of agricultural lands to non-agricultural uses, 4404 should conform to this program. 4405 (c) New agricultural use and development should be managed to: 4406 (i) Prevent livestock intrusion into the water; 4407 (ii) Control runoff; 4408 (iii) Prevent water quality contamination caused by nutrients and noxious chemicals; 4409 (iv) Minimize clearing of riparian areas; 4410 (v) Prevent bank erosion; and 4411 (vi) Assure no net loss of ecological functions and avoid adverse effects on shoreline resources 4412 and values. 4413 (d) New agricultural use and development should preserve and maintain native vegetation between 4414 tilled lands and adjacent water bodies. The width of the native vegetation zone should vary 4415 depending on site conditions with the overall goal being to limit clearing of riparian corridors. 4416 (e) Intensive residential, industrial and commercial uses and uses that are unrelated to agriculture 4417 should be located so as not to create conflicts with agricultural uses. 4418 (f) The county should promote cooperative arrangements between farmers and public recreation 4419 agencies so that public use of shorelines does not conflict with agricultural operations. 4420 (g) Existing and new agricultural uses are encouraged to use best management practices to prevent 4421 erosion, runoff, and associated water quality impacts. 4422 (h) The county recognizes the importance of local food production, both on land and in water areas, 4423 when properly managed to control pollution and prevent environmental damage. As consistent 4424 with the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065, upland finfish 4425 aquaculture is considered agricultural production. However, for purposes of this program, upland 4426 finfish aquaculture should instead be managed as aquaculture and aquaculture activities, as defined 4427 in Article II of this chapter. 4428 (i) Collaborate with partners such as North Olympic Development Council (NODC), Washington 4429 State University (WSU), and Jefferson County Conservation District to assess likely impacts of 4430 climate change on agriculture and to develop mitigation and adaptation strategies suited to 4431 Jefferson County’s soils and farm economy. (Comprehensive Plan Policy NR-P-8.6) 4432 (2) Shoreline Environment Regulations. 4433 Commented [LG178]: Comp Plan: Policy NR-P-8.6 Commented [LG179R178]: Task Force C Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 136/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Priority Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per 4434 the aquaculture policies and regulations of this program. 4435 (b) Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per the 4436 aquaculture policies and regulations of this program. 4437 (c) Natural. New agricultural activities are prohibited, except that low intensity agricultural activities 4438 such as grazing may be allowed subject to policies and regulations of this program; provided, that 4439 such low intensity agriculture does not expand or alter agricultural practices in a manner 4440 inconsistent with the purpose of this designation. All other agricultural activities are prohibited, 4441 except upland finfish aquaculture per the aquaculture policies and regulations of this program. 4442 (d) Conservancy. New agricultural activities may be allowed subject to policies and regulations of 4443 this program. 4444 (e) Shoreline Residential. New agricultural activities may be allowed subject to policies and 4445 regulations of this program. 4446 (f) High Intensity. New agricultural activities may be allowed subject to policies and regulations of 4447 this program. 4448 (3) Regulations. 4449 (a) In accordance with RCW 90.58.065, this program shall not restrict existing agricultureagricultural 4450 activities on agricultural land. 4451 (b) New agricultural use and development on lands not meeting the definition of agricultural land 4452 shall comply with this program and all of the following regulations: 4453 (i) Manure spreading shall be conducted in a manner that prevents animal wastes from 4454 entering water bodies or wetlands adjacent to water bodies. Manure spreading shall not be 4455 allowed within the floodway or within 25 feet of the ordinary high water mark of any shoreline, 4456 whichever is greater. 4457 (ii) Confinement lots, feeding operations, lot wastes, manure storage or stockpiles, and storage 4458 of noxious chemicals shall not be allowed within floodways or within 200 feet of the ordinary 4459 high water mark of any shoreline, whichever is greater. 4460 (iii) A buffer of naturally occurring or planted native vegetation shall be maintained between 4461 the shoreline and areas used for crops or intensive grazing. The width of the buffer on marine, 4462 river, and lake shorelines shall correspond to the standards of this program. 4463 (iv) Bridges, culverts and/or ramps shall be used to enable livestock to cross streams without 4464 damaging the streambed or banks. 4465 (v) Stock watering facilities shall be provided so that livestock do not need to access streams or 4466 lakes for drinking water. 4467 Commented [AS180]: Edits made per Ecology required change 9 and recommended change 27 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 137/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (vi) Fencing or other grazing controls shall be used as appropriate to prevent bank compaction, 4468 bank erosion, or the overgrazing of, or damage to, shoreline buffer vegetation. 4469 (c) Upland finfish aquaculture use and development shall be subject to the Aquaculture policies and 4470 regulations (JCC 18.25.440). [Ord. 7-13 Exh. A (Art. VIII § 1)] 4471 18.25.440 Aquaculture. 4472 (1) Policies. 4473 (a) Aquaculture is a preferred, water-dependent use of regional and statewide interest that is 4474 important to the long-term economic viability, cultural heritage and environmental health of 4475 Jefferson County. 4476 (b) The county should support aquaculture uses and developments that: 4477 (i) Protect and improve water quality; and 4478 (ii) Minimize damage to important nearshore habitats; and 4479 (iii) Minimize interference with navigation and normal public use of surface waters; and 4480 (iv) Minimize the potential for cumulative adverse impacts, such as those resulting from in-4481 water structures/apparatus/equipment, land-based facilities, and substrate 4482 disturbance/modification (including rate, frequency, and spatial extent). 4483 (c) When properly managed, aquaculture can result in long-term ecological and economic benefits. 4484 The county should engage in coordinated planning to identify potential aquaculture areas and 4485 assess long-term needs for aquaculture. This includes working with the Washington Department of 4486 Fish and Wildlife (DFWWDFW), the Department of Natural Resources (DNR), area tribes and 4487 shellfish interests to identify areas that are suitable for aquaculture and protect them from uses 4488 that would threaten aquaculture’s long-term sustainability. 4489 (d) Aquaculture use and development should locate in areas where biophysical conditions, such as 4490 tidal currents, water temperature and depth, will minimize adverse environmental impacts. 4491 Individual aquaculture uses and developments should be separated by a sufficient distance to 4492 ensure that significant adverse cumulative effects do not occur. 4493 (e) The county should support tideland aquaculture use and development when consistent with this 4494 program and protect tidelands and bedlands that were acquired and retained under the Bush and 4495 Callow Acts by not permitting non-aquaculture use and development on these tidelands. 4496 (f) Intensive residential uses, other industrial and commercial uses, and uses that are unrelated to 4497 aquaculture should be located so as not to create conflicts with aquaculture operations. 4498 (g) The county should promote cooperative arrangements between aquaculture growers and public 4499 recreation agencies so that public use of public shorelines does not conflict with aquaculture 4500 operations. 4501 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 138/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (h) Experimental forms of aquaculture involving the use of new species, new growing methods or 4502 new harvesting techniques should be allowed when they are consistent with applicable state and 4503 federal regulations and this program. 4504 (i) The county should support community restoration projects associated with aquaculture when 4505 they are consistent with this program. 4506 (j) Commercial and recreational shellfish areas including shellfish habitat conservation areas are 4507 critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands 4508 are allowed uses. Such activities include but are not limited to bed marking, preparation, planting, 4509 cultivation, and harvest. 4510 (k) Chemicals and fertilizers used in aquaculture operations should be used in accordance with state 4511 and federal laws, and this program. 4512 (l) The county recognizes upland finfish aquaculture is considered a type of agricultural production 4513 by the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065. However, for 4514 purposes of this program, upland finfish aquaculture should instead be managed as aquaculture 4515 and aquaculture activities, as defined in Article II of this chapter. 4516 (m) Finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, 4517 pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms, feed, 4518 or other materials known to be harmful into surrounding waters should not be allowed unless 4519 significant impacts to surrounding habitat and conflicts with adjacent uses are effectively mitigated. 4520 (n) The county should prefer all finfish aquaculture use and development (in-water and upland) that 4521 operates with fully contained systems that treat effluent before discharge to local waters over open 4522 systems. 4523 (o) The county should allow in-water finfish aquaculture in the open waters of the Strait of Juan de 4524 Fuca only when the area seaward of the ordinary high water mark (OHWM) which is subject to the 4525 county’s jurisdiction extends a considerable distance, and when consistent with other provisions of 4526 this program. 4527 (p) The county should prohibit in-water finfish aquaculture in waters of Jefferson County where 4528 there are habitat protection designations in place and/or water quality issues documented. 4529 (2) Uses and Activities Prohibited Outright. 4530 (a) In-water finfish aquaculture use/development, including net pens as defined in Article II of this 4531 chapter, shall be prohibited in the following areas due to established habitat protection 4532 designations and/or water quality issues: 4533 (i) Protection Island aquatic reserve or within 1,500 feet of the boundary; 4534 (ii) Smith and Minor Islands aquatic reserve or within 1,500 feet of the boundary; 4535 (iii) Discovery Bay, south of the boundary of the Protection Island aquatic reserve; 4536 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 139/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iv) South Port Townsend Bay mooring buoy management plan area; and 4537 (v) Hood Canal, south of the line extending from Tala Point to Foulweather Bluff, including 4538 Dabob and Tarboo Bays. 4539 (3) Shoreline Environment Regulations. 4540 (a) Priority Aquatic. Aquaculture activities, except for new geoduck aquaculture, may be allowed 4541 subject to the use and development regulations of the adjacent upland shoreline environment, 4542 except all finfish aquaculture (in-water and upland) is prohibited. New geoduck aquaculture may be 4543 allowed with a standard conditional use permit (C). 4544 (b) Aquatic. Aquaculture activities, except for new geoduck aquaculture, may be allowed subject to 4545 the use and development regulations of the adjacent upland shoreline environment. New geoduck 4546 aquaculture may be allowed with a standard conditional use permit (C). 4547 (c) Natural. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to 4548 policies and regulations of this program. GeoduckNew geoduck aquaculture may be allowed with a 4549 standard conditional use permit (C(d)).). All finfish aquaculture is prohibited, except in-water finfish 4550 aquaculture may be allowed with a discretionary conditional use permit (C(d)) where the area 4551 within the county’s jurisdiction extends seaward more than eight miles from the OHWM, as 4552 measured perpendicularly from shore. This does not require facilities to locate eight miles offshore; 4553 see other provisions of this section for siting requirements and supplemental maps for additional 4554 information. 4555 (d) Conservancy. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to 4556 policies and regulations of this program. GeoduckNew geoduck aquaculture may be allowed with a 4557 standard conditional use permit (C) and upland finfish aquaculture may be allowed with a 4558 discretionary conditional use permit (C(d)). In-water finfish aquaculture is prohibited. 4559 (e) Shoreline Residential. Aquaculture activities, except for geoduck aquaculture, may be allowed 4560 subject to policies and regulations of this program. GeoduckNew geoduck aquaculture may be 4561 allowed with a standard conditional use permit (C(d)).). All finfish aquaculture (in-water and upland) 4562 is prohibited. 4563 (f) High Intensity. Aquaculture activities may be allowed subject to policies and regulations of this 4564 program, except all finfish aquaculture (in-water and upland) may be allowed with a discretionary 4565 conditional use permit (C(d)).)) and new geoduck aquaculture may be allowed with a standard 4566 conditional use permit (C). 4567 (g) For a summary and graphic approximation of the above shoreline environment regulations 4568 allowance of in-water finfish aquaculture, see Figure 18.25.440. Also see illustrative maps in JCC 4569 18.25.880. 4570 Commented [LG181]: 2011 b Periodic Checklist Commented [GU182]: AJS: Requirements for CUP for new commercial geoduck aquaculture added per WAC 173- 26-241(3)(b)(iv)(A) Commented [AS183R182]: Response to Comments 1-7: Per PC direction on 9/1, standard conditional use permit is now required. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 140/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Figure 18.25.440 – Summary and Maps of SED Allowance for In-Water Finfish Aquaculture 4571 4572 Shoreline Environment Designations (SEDs) Waterward OHWM Landward Priority Aquatic Aquatic Natural Conservancy Shoreline Residential High Intensity Would in-water finfish aquaculture be allowed to locate in this SED? No Yes No No No Yes Notes But only when the adjacent upland SED allows Except when there is 8+ miles of seaward jurisdiction 4573 Geographic Limitations: 1 Not within the Protection Island Aquatic Reserve, the Smith and Minor Islands Aquatic Reserve or within 1,500 feet of their boundary 2 Not in Discovery Bay, south of the boundary for the Protection Island Aquatic Reserve, due to significant water quality concerns 3 Not within the South Port Townsend Bay mooring buoy management plan area or within 1,500 feet of the boundary, due to significant water quality concerns 4 Not in Hood Canal, south of the line from Tala Point to Foulweather Bluff (Kitsap County), due to significant water quality concerns Possible Siting Locations: 1 Strait of Juan de Fuca 2 Glen Cove 3 Mats Mats 4 Port Ludlow 4574 NOTE: Proposals also have to meet all conditional use permit (CUP) performance standards and other applicable provisions of 4575 this program. 4576 Approximate siting locations are illustrated in the following [moved four maps: 4577 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 141/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4578 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 142/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4579 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 143/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4580 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 144/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4581 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 145/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4582 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 146/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4583 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 147/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 4584 ( to 18.25.880](4) Regulations – General. 4585 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 148/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) When a shoreline permit is issued for a new aquaculture use or development, that permit shall 4586 apply to the initial siting, construction, and/or planting or stocking of the facility or farm. If the 4587 initial approval is a shoreline substantial development permit, it shall be valid for a period of five 4588 years with a possible one-year extension. If the initial approval is a conditional use permit, it shall be 4589 valid for the period specified in the permit. 4590 (b) Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in 4591 any existing or permitted aquaculture operation is not considered new use/development, and shall 4592 not require a new permit, unless or until: 4593 (i) TheFor non-geoduck aquaculture, the physical extent of the facility or farm is expanded by 4594 more than 25 percent or more than 25 percent of the facility/farm changes operational/cultivation 4595 methods compared to the conditions that existed as of the effective date of this program or any amendment 4596 thereto.. If the amount of expansion or change in cultivation method exceeds 25 percent in any 10-4597 year period, the entire operation shall be considered new aquaculture and shall be subject to 4598 applicable permit requirements of this section; or. This calculation of 25% expansion applies 4599 separately and cumulatively to both in-water and above OHWM development (e.g., the in-4600 water expansion cannot exceed 25% of the original in-water area, the above OHWM 4601 development cannot exceed 25% of the original above OHWM development area, nor can the 4602 combined in-water and above OHWM expansion exceed 25% of the original combined area). 4603 Any expansions of existing geoduck aquaculture operations require a permit for the expanded 4604 area if the existing operation is already permitted or for the entire operation if not already 4605 permitted; or 4606 (ii) The facility proposes to cultivate species not previously cultivated in the state of Washington. 4607 (ii) The facility proposes to cultivate species not previously cultivated in the state of 4608 Washington. Project applicants proposing to introduce aquatic species that have not previously 4609 been cultivated in Washington State are responsible for pursuing required state and federal 4610 approvals relating to the introduction of such species, as determined by applicable state and 4611 federal agencies. A plan for monitoring and adaptive management shall also be submitted for 4612 county review, unless the operation is conducted in a fully contained system with no water 4613 exchange to the shoreline. The county shall provide notice and time to comment for 4614 appropriate agencies in accordance with county procedural requirements, and shall circulate 4615 the monitoring and adaptive management plan. Upon approval, the plan shall become a 4616 condition of project approval. 4617 (c) Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and/or 4618 harvesting of planted or naturally occurring shellfish shall not be considered development, as 4619 defined in Article II of this chapter, and shall not require a shoreline substantial development 4620 permit, unless: 4621 (i) The activity substantially interferes with normal public use of surface waters; or 4622 (ii) The activity involves placement of any structures as defined in Article II of this chapter; or 4623 Commented [LG184]: Staff Docket/Code Interpretations and Response to Comments 1-7. Commented [AS185]: 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 149/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iii) The activity involves dredging using mechanical equipment such as clamshell, dipper, or 4624 scraper; or 4625 (iv) The activity involves filling of tidelands or bedlands. 4626 (d) The county shall assess the potential for interference described in subsection (34)(c) )(i) of this 4627 section on a case-by-case basis. All proposed new aquaculture uses or developments shall submit a 4628 joint aquatic resources permit application (JARPA) and SEPA checklist to enable assessment by the 4629 county. Activities shall not be considered to substantially interfere with normal public use of surface 4630 waters, unless: 4631 (i) They occur in, adjacent to or in the immediate vicinity of public tidelands; and 4632 (ii) They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a 4633 regular basis and in a manner that substantially obstructs public access, or passage from public 4634 facilities such as parks or boat ramps; or they exclude the public from more than one acre of 4635 surface water on an ongoing or permanent basis. 4636 (e) Aquaculture activities not listed in subsection (4)(c) of this section and listed activities that fail to 4637 meet any of the criteria in subsection (1)(b) of this section shall require a shoreline substantial 4638 development permit (SDP) or conditional use permit (CUP), and shall be subject to all of the 4639 following regulations: 4640 (i) Subtidal, intertidal, floating, and upland structures and apparatus associated with 4641 aquaculture use shall be located, designed and maintained to avoid adverse effects on 4642 ecological functions and processes. 4643 (ii) The county shall consider the location of proposed aquaculture facilities/farms to prevent 4644 adverse cumulative effects on ecological functions and processes and adjoining land uses. The 4645 county shall determine what constitutes acceptable placement and concentration of 4646 commercial aquaculture in consultation with state and federal agencies and tribes based on the 4647 specific characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of the 4648 farm/facility. 4649 (iii) Upland structures accessory to aquaculture use that do not require a waterside location or 4650 have a functional relationship to the water shall be located landward of shoreline buffers 4651 required by this program. 4652 (iv) Overwater work shelters and sleeping quarters accessory to aquaculture use/development 4653 shall be prohibited. 4654 (v) Floating/hanging aquaculture structures and associated equipment shall not exceed, including 4655 any items stored upon such structures such as materials, garbage, tools, or apparatus, shall be 4656 designed and maintained to minimize visual impacts. The maximum height for items stored 4657 upon such structures shall be limited to three feet, as measured from the surface of the raft or 4658 the dock, unless shoreline conditions serve to minimize visual impacts (for example: high bank 4659 environments, shorelines without residential development), but in no case shall the height 4660 Commented [LG186]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 150/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. exceed the lesser of six feet from the surface of the raft or the dock or 10 feet in height above 4661 the water’s surface. The administrator may approve hoists and similar structures greater than 4662 10 feet in height when there is a clear demonstration of need. The 10-foot height limitlimits shall 4663 not apply to vessels or to materials and apparatus removed from the site on a daily basis. 4664 Materials that are not necessary for the immediate and regular operation of the facility shall 4665 not be stored waterward of the OHWM. 4666 (vi) Floating/hanging aquaculture facilities and associated equipment, except navigation aids, 4667 shall use colors and materials that blend into the surrounding environment in order to 4668 minimize visual impacts. 4669 (vii) Aquaculture use and development shall not materially interfere with navigation, or access 4670 to adjacent waterfront properties, public recreation areas, or tribal harvest areas, or other 4671 water-dependent uses. Mitigation shall be provided to offset such impacts where there is high 4672 probability that adverse impact would occur. This provision shall not be interpreted to mean 4673 that an operator is required to provide access across owned or leased tidelands at low tide for 4674 adjacent upland owners. 4675 (viii) Aquaculture uses and developments, except in-water finfish aquaculture, shall be located 4676 at least 600 feet from any National Wildlife Refuge, seal and sea lion haulouts, seabird nesting 4677 colonies, or other areas identified as critical feeding or migration areas for birds and mammals. 4678 In-water finfish facilities, including net pens, shall be located 1,500 feet or more from such 4679 areas. The county may approve lesser distances based upon written documentation that U.S. 4680 Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW) and 4681 affected tribes support the proposed location. 4682 (ix) Aquaculture use and development shall be sited so that shading and other adverse impacts 4683 to existing red/brown macro algae (kelp),) and eelgrass beds are avoided. 4684 (x) Aquaculture uses and developments that require attaching structures to the bed or 4685 bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate. 4686 (xi) Where aquaculture use and development are authorized to use public facilities, such as 4687 boat launches or docks, the county shall reserve the right to require the applicant/proponent to 4688 pay a portion of the maintenance costs and any required improvements commensurate with 4689 the applicant’s/proponent’s use. 4690 (xii(xii) In order to avoid or limit the ecological and aesthetic impacts from predator control 4691 measures associated with aquaculture siting and operations, the following shall apply: 4692 (A) Aquaculture use and development shall employ nonlethal, nonharmful measures to 4693 control birds and mammals. Control methods shall comply with existing federal and state 4694 regulations. 4695 (B) Predator exclusion devices shall be firmly attached or secured so as not to become 4696 dislodged. 4697 Commented [AS187]: Response to Comments 1-7: Language incorporated from Kitsap County Code per PC direction on 9/1/21. Commented [AS188]: 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 151/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (C) Predator exclusion devices shall blend with the natural environment. 4698 (D) Aquaculture operators shall routinely inspect and maintain predator exclusion devices. 4699 (E) Predator exclusion devices such as rubber bands, small nets, and area netting can be 4700 dislodged and pose a hazard to birds, marine mammals, and other wildlife and domestic 4701 animals. Once dislodged, such devices shall be promptly recovered and/or disposed of to 4702 minimize the risk of harm to wildlife and, if not, may be subject to public nuisance 4703 regulations. 4704 (F) Predator exclusion devices shall be removed as soon as they are no longer needed to 4705 perform protective functions. 4706 (xiii) Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically 4707 modified organisms except when allowed by state and federal law. 4708 (xiv) Non-navigational directional lighting associated with aquaculture use and development 4709 shall be used wherever possible and area lighting shall be avoided and minimized to the extent 4710 necessary to conduct safe operations. Non-navigational lighting shall not adversely affect vessel 4711 traffic. 4712 (xv) Aquaculture waste materials and by-products shall be disposed of in a manner that will 4713 ensure strict compliance with all applicable governmental waste disposal standards, including 4714 but not limited to Section 401 of the Federal Clean Water Act, Section 401, and the Washington 4715 State Water Pollution Control Act (Chapter 90.48 RCW). 4716 (f) Prior to approving a permit for floating/hanging aquaculture use and development or bottom culture 4717 involving structures, the county may require a visual analysis prepared by the applicant/proponent describing 4718 effects on nearby uses and aesthetic qualities of the shoreline. The analysis shall demonstrate that adverse 4719 impacts on the character of those areas are effectively mitigated. 4720 (xvi) Equipment, structures and materials shall not be discarded in the water and shall not be 4721 abandoned in the upland. Aquaculture structures and equipment used on tidelands below 4722 ordinary high water shall be of sound construction, with the owners’ identifying marks where 4723 feasible, and shall be so maintained. Abandoned or unsafe structures and/or equipment shall 4724 be promptly removed or repaired by the owner. 4725 (xvii) No garbage, wastes or debris shall be allowed to accumulate at the site of any 4726 aquaculture operation, except for in proper receptacles. 4727 (xviii) All floating and submerged aquaculture structures and facilities in navigable waters shall 4728 be marked in accordance with U.S. Coast Guard requirements. 4729 (xix) Aquacultural facilities shall be designed and located so as not to spread disease to native 4730 aquatic life, establish new nonnative species which cause significant ecological impacts, or 4731 significantly impact the aesthetic qualities of the shoreline. 4732 Commented [AS189]: Edits made per Ecology recommended change 28 (9/30/22) Commented [AS190]: 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 [AS191]: Response to Comments 1- 7:Language incorporated from Kitsap County Code per PC direction on 9/1/21. Commented [AS192]: Response to Comments 1- 7:Language incorporated from Kitsap County Code per PC direction on 9/1/21. Commented [LG193]: Staff Docket/Code Interpretations Commented [AS194]: 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) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 152/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) Jefferson County will notify affected tribes of new shoreline permit applications utilizing the 4733 applicable notification process in Chapter 18.40 JCC (Permit Application and Review 4734 Procedures/SEPA Implementation). 4735 (g) No processing of any aquaculture product, except for the sorting and culling of the cultured 4736 organism and the washing or removal of surface materials or organisms after harvest, shall occur in 4737 or over the water unless specifically approved by permit. All other processing and related facilities 4738 shall be located on land and shall be subject to the regulations for commercial uses (JCC 18.25.450) 4739 and industrial uses (JCC 18.25.470), in addition to the provisions of this section. 4740 (5) Regulations – Finfish. 4741 (a) The culture of finfish, including net pens as defined in Article II of this chapter, may be allowed 4742 with a discretionary conditional use approvalpermit (C(d)) subject to the policies and regulations of 4743 this program. All finfish aquaculture (in-water and upland) shall meet, at a minimum, state-4744 approved administrative guidelines for the management of net pen cultures. In the event there is a 4745 conflict in requirements, the more restrictive requirement shall prevail. 4746 (b) All(b) In addition to the application requirements for all aquaculture listed in JCC 18.25.440(7) 4747 below, all in-water finfish aquaculture (in-water and upland) proposals for facilities/operations 4748 shall: 4749 (i) Provide the county, at the applicant’s/operator’s expense, a site characterization survey, 4750 baseline surveys, and annual monitoring as described in the 1986 Interim Guidelines, or 4751 subsequent documents approved by the state. The applicant/operator shall also provide the 4752 county with copies of all survey and monitoring reports submitted to Washington Departments 4753 of Ecology, Fish and Wildlife, and Natural Resources. 4754 (ii) Submit an operations plan that includes projections for: 4755 (A) Improvements at the site (e.g., pens, booms, etc.) and their relationship to the natural features (e.g., 4756 bathymetry, shorelines, etc.); 4757 (B) Number, size and configuration of pens/structures; 4758 (C) Schedule of development and maintenance; 4759 (D) Species cultured; 4760 (E) Fish size at harvest; 4761 (F) Annual production; 4762 (G) Pounds of fish on hand throughout the year; 4763 (H) Average and maximum stocking density; 4764 (I) Source of eggs, juveniles, and broodstock; 4765 (J) Type of feed used; 4766 Commented [AS195]: Response to Comments 1- 7:Language incorporated from Kitsap County Code per PC direction on 9/1/21. Commented [AS196]: The first sentence was deleted per Ecology required change 10 (9/30/22). "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)." Commented [AS197]: 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 153/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (K) Feeding method; 4767 (L) Chemical use (e.g., anti-fouling, antibiotics, etc.); and 4768 (M) Predator control measures. 4769 (iii(ii) Provide county with documentation of adequate property damage and personal injury 4770 commercial insurance coverage as required by Washington Department of Natural Resources 4771 and other agencies. 4772 (iv) Where the county does not have expertise to analyze the merits of a report provided by an applicant, 4773 the applicant may be required to pay for third-party peer review of said report. 4774 (c) Bottom Sediments and Benthos. 4775 (i) The depth of water below the bottom of any in-water finfish aquaculture facility shall meet 4776 the minimum required by the 1986 Interim Guidelines (i.e., 20 to 60 feet at MLLW), as based on 4777 facility production capacity (Class I, II or III) and the mean current velocity at the site, measured 4778 as noted in the Guidelines or by more current data/methodology. 4779 (ii) In-water finfish aquaculture operations shall be prohibited where mean current velocity is 4780 less than 0.1 knots (five cm/sec). 4781 (iii) The pen configuration (e.g., parallel rows, compact blocks of square enclosures, or clusters 4782 of various sized round enclosures, whether oriented in line with or perpendicular to the 4783 prevailing current direction) of any in-water finfish aquaculture facility shall be designed and 4784 maintained to minimize the depth and lateral extent of solids accumulation. 4785 (iv) The use of unpelletized wet feed shall be prohibited to minimize undigested feed reaching 4786 the benthos or attracting scavengers in the water column. 4787 (v) Anchoring or mooring systems shall utilize adequately sized helical devices or other 4788 methods to minimize disturbance to the benthos. 4789 (d) Water Quality. 4790 (i) All in-water finfish aquaculture facilities shall be designed, located and operated to avoid 4791 adverse impacts to water temperature, dissolved oxygen and nutrient levels, and other water 4792 quality parameters. Facilities must comply with National Pollutant Discharge Elimination 4793 StandardsSystem (NPDES) requirements. 4794 (ii) All in-water finfish aquaculture facilities shall monitor water quality and net cleaning 4795 activities to comply with state requirements (including WAC 173-201A-210), especially during 4796 periods of naturally high water turbidity. Additional net cleaning activities shall be performed, 4797 as needed, to ensure state water quality standards are met. 4798 (e) Phytoplankton. 4799 Commented [AS198]: Response to Comments 1-7:As needed, incorporated into (7) below. Deleted this section as now redundant. Commented [AS199]: Response to Comments 1- 7:Relocated to Application Requirements section (7) that is applicable to all aquaculture. Commented [LG200]: Typographical Correction Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 154/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) In-water finfish aquaculture facility production capacity shall be limited in nutrient sensitive 4800 areas to protect water quality and shall not exceed 1,000,000 pounds annual production per 4801 square nautical mile. The following shall apply for specific geographic areas: 4802 (A) In the main basin of Puget Sound (area south of the sill at Admiralty Inlet extending to 4803 the line between Tala Point and Foulweather Bluff, including Port Townsend Bay, Kilisut 4804 Harbor, and Oak Bay, and extending to the county’s boundary midway to Whidbey Island), 4805 annual production shall be limited by the site characteristics in compliance with this 4806 program. 4807 (ii) Applicants shall demonstrate through field and modeling studies that the proposed fish 4808 farms will not adversely affect existing biota. 4809 (f) Chemicals. 4810 (i) Only FDA-approved chemicals shall be allowed on a case-by-case basis for anti-fouling, 4811 predator control and other purposes. The use of tributyltin (TBT) is prohibited and all chemical 4812 use shall be reported to the state as required. 4813 (ii) When necessary, vaccination is preferred over the use of antibiotics. Only FDA-approved 4814 antibiotics shall be used and such use shall be reported to the state as required. Operator shall 4815 take all necessary precautions to ensure that nearby sediments and shellfish do not accumulate 4816 significant amounts of antibiotics. 4817 (g) Food Fish and Shellfish. 4818 (i) All in-water finfish aquaculture facilities shall be located to avoid adverse impacts to habitats 4819 of special significance (as defined in Article II of this chapter) and populations of food fish and 4820 shellfish as follows, as determined on a case-by-case basis: 4821 (A) When adjacent to any wildlife refuge, sanctuary, aquatic reserve or similar area intended 4822 to protect threatened or endangered species, locate a minimum of 300 feet in all directions 4823 from such protected areas; 4824 (B) When water depth is less than 75 feet, locate at least 300 feet down-current and 150 4825 feet in all other directions from significant habitats; 4826 (C) When water depth is greater than 75 feet, locate at least 150 feet from significant 4827 habitat. 4828 (ii) The county shall designate protective buffer zones around habitats of special significance in 4829 accordance with marine area spatial planning efforts led by the state, when such guidance and 4830 methodologies are available. 4831 (h) Importation of New Fish Species. All in-water finfish aquaculture facilities shall comply with 4832 existing state and federal regulations to ensure importation of new and/or nonnative species does 4833 not adversely affect existing and/or native species. 4834 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 155/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Genetic Issues. 4835 (i) In compliance with state and federal requirements, in-water finfish aquaculture facilities that 4836 propose to culture species native to local waters should use stocks with the greatest genetic 4837 similarity to local stocks. 4838 (ii) When there is increased risk of interbreeding or establishment of naturalized populations of 4839 the cultured species that would be in conflict with native stocks, only sterile or mono-sexual 4840 fish shall be allowed. 4841 (iii) All in-water finfish aquaculture facilities shall locate a minimum distance from river mouths 4842 where wild fish could be most vulnerable to genetic degradation, as determined on a case-by-4843 case basis or by state guidance. 4844 (j) Escapement and Disease. 4845 (i) All in-water finfish aquaculture facilities shall comply with state and federal requirements to 4846 control pests, parasites, diseases, viruses and pathogens and to prevent escapement including, 4847 but not limited to, those for certified eggs, approved import/transport and live fish transfer 4848 protocols, escapement prevention, reporting and recapture plans, and disease inspection and 4849 control per RCW 77.15.290, Chapter 77.115 RCW, Chapters 220-76 and 220-77 WAC and other 4850 requirements as appropriate. 4851 (ii) The use of regional broodstock is preferred. 4852 (iii) As consistent with the above mentioned Washington statutes and administrative rules, and 4853 other applicable authorities, all in-water finfish aquaculture facility operators shall provide the 4854 county with a disease response plan to detail specific actions and timelines to follow when an 4855 outbreak is detected. The plan shall address transport permit denial, quarantine, confiscation, 4856 removal, and other possible scenarios, identify what agencies will be notified or involved, what 4857 alternate facilities may be used, a public information/outreach strategy and other appropriate 4858 information. 4859 (k) Marine Mammals and Birds. 4860 (i) All in-water finfish aquaculture facilities shall locate a minimum of 1,500 feet from habitats of 4861 special significance for marine mammals and seabirds. 4862 (ii) Only nonlethal techniques (e.g., anti-predator netting) shall be allowed to prevent predation by birds 4863 and/or mammals on the cultured stocks. 4864 (l) Visual Quality. All in-water finfish aquaculture facilities shall conduct a visual impact assessment 4865 to evaluate and document the following siting and design variables in order to minimize visual 4866 impacts to adjacent and surrounding uses: 4867 (i) Locate offshore from low bank shorelines rather than high bluff areas where angle of 4868 viewing becomes more perpendicular to the plane of water making the facility more visually 4869 evident. 4870 Commented [AS201]: Response to Comments 1- 7:Predator control now addressed in detail in (4)(e)(xix) using Kitsap Co language (per PC 9/1/21) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 156/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Locate offshore a minimum of 1,500 feet from ordinary high water mark, or a minimum of 4871 2,000 feet when higher density residential development (rural residential 1:5, urban growth 4872 area, master planned resort, and preexisting platted subdivisions with density 4873 equivalent/greater to such) is present along the adjacent upland. The county may require a 4874 greater distance as determined by a visual impact assessment. 4875 (iii) Facilities shall be designed to maximize a horizontal profile to repeat the plane of the water 4876 surface rather than project vertically above the water surface. Vertical height shall be the 4877 minimum feasible, not to exceed 10 feet from the surface of the water. 4878 (iv) Facilities shall be designed so that the overall size and surface area coverage does not 4879 exceed 10 percent of the normal cone of vision, dependent on the foreshortening created by 4880 the offshore distance and the average observation height. 4881 (v) Facilities shall be designed to borrow from the form of structures and materials already in 4882 the environment (e.g., pilings, docks, marinas) and to blend with the predominate color 4883 schemes present (i.e., blue, green, gray, neutral earth tones). The colors of white and black 4884 shall be minimized as they have highly variable appearance in response to lighting conditions. 4885 Bright colors such as red, yellow, and orange shall be avoided, unless required for safety 4886 purposes. The use of a variety of materials or colors shall be limited and ordered. 4887 (vi) Facilities proposed to locate in the vicinity of existing in-water finfish aquaculture facilities 4888 shall evaluate the aggregate impacts and cumulative effects of multiple operations in the same 4889 area. 4890 (vii) Facilities shall be designed and located so that the surface area of individual operations 4891 does not exceed two acres of surface coverage and no more than one operation per square 4892 nautical mile. 4893 (viii) Land based access for parking, staging, launching, and storage associated with any in-4894 water finfish aquaculture facilities shall be evaluated for visual impacts and conflicts with 4895 adjacent upland uses. 4896 (m) Navigation, Military Operations and Commercial Fishing. 4897 (i) When appropriate, in-water finfish aquaculture facilities shall be located close to shore and 4898 near existing navigational impediments (i.e., marinas, docks). 4899 (ii) All in-water finfish aquaculture facilities shall be designed, located and operated to avoid 4900 conflict with military operations. 4901 (iii) The county shall notify, as appropriate, marinas, ports, recreational and commercial 4902 boating/fishing organizations, and local tribes about comment opportunities during the permit 4903 review process, especially regarding proposed location of fish farm and related navigational 4904 aids. 4905 (n) Human Health. All in-water finfish aquaculture facilities shall be designed, located and operated 4906 to: 4907 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 157/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) Ensure adequate water quality compatible with good husbandry practices; 4908 (ii) Report any known bacteriological characteristics of fish food used; 4909 (iii) Ensure proper storage of fish food to avoid alteration or degradation of feed quality; 4910 (iv) Regularly monitor and report presence of parasites in farmed fish; and 4911 (v) Comply with federal, state and local food safety requirements including, but not limited to, 4912 source identification and country of origin labeling, and hazard analysis and critical control 4913 points plan. 4914 (o) Recreation. 4915 (i) All in-water finfish aquaculture facilities shall ensure compliance with state and federal 4916 requirements, especially when location is proposed near underwater park facilities. 4917 (ii) All in-water finfish aquaculture facilities shall be located a minimum of 1,000 feet from any 4918 recreational shellfish beach, public tidelands, public access facilities (e.g., docks or boat ramps) 4919 or other areas of extensive or established recreational use. 4920 (iii) In-water finfish aquaculture operators shall inform the Notice to Mariners and other 4921 appropriate entities for nautical chart revisions and notify other sources that inform 4922 recreational uses (e.g., boaters, divers, shellfish harvesters). 4923 (p) Noise. 4924 (i) All in-water finfish aquaculture facilities shall be designed, located and operated to: 4925 (A) Ensure compliance with state and federal noise level limits; 4926 (B) Require mufflers and enclosures on all motorized fish farm equipment; 4927 (C) When appropriate, prefer electric motors over internal combustion engines. 4928 (ii) The county may require an acoustical study, conducted at the applicant’s/operator’s 4929 expense, to ensure any audible impacts are identified and adequately addressed. 4930 (q) Odor. All in-water finfish aquaculture facilities shall be designed, located and operated to: 4931 (i) Ensure compliance with state limits regarding nuisances and waste disposal; 4932 (ii) Follow best management practices including, but not limited to: 4933 (A) Daily removal and disposal of dead fish and other waste; 4934 (B) Regular cleaning of nets and apparatus; 4935 (C) Storage of food in closed containers; 4936 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 158/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (D) Walkway design and use allows spilled food to fall into the water. 4937 (iii) Maximize the distance between the facility and nearby residential use/development, 4938 downwind location preferred, to minimize impacts resulting from foul odors. 4939 (r) Lighting and Glare. 4940 (i) Facilities shall comply with USCG requirements for operational and navigational lighting. The 4941 height of the light source above the water surface shall be the minimum necessary, not to 4942 exceed 80 inches, unless otherwise specified by state or federal requirements. 4943 (ii) Facilities shall be designed so that any glare or shadows caused by the solar orientation are 4944 minimized. 4945 (iii) Facilities shall utilize materials that minimize glare caused by sunlight or artificial lighting. 4946 (s) Upland Shoreline Use. All in-water finfish aquaculture facilities shall be designed, located and 4947 operated to minimize incompatible uses and degradation of upland area. 4948 (t) Local Services. 4949 (i)Waste Management. All in-water finfish aquaculture facilities shall be designed, located and 4950 operated to: 4951 (Ai) Provide estimates of high, average, and low volumes of waste to be produced, including 4952 catastrophic events; 4953 (Bii) Provide a waste management plan to include the method and frequency of collection, 4954 storage and disposal; and 4955 (Ciii) Ensure compliance with local, state, and federal waste disposal requirements. 4956 (6) Regulations – Geoduck. 4957 (a) Conditional use permits. 4958 (i) CUPs are required for new commercial geoduck aquaculture including conversion of existing 4959 nongeoduck aquaculture to commercial geoduck aquaculture and expansions of existing 4960 commercial geoduck aquaculture. 4961 (ii) Equipment, structuresAll subsequent cycles of planting and materialsharvest shall not be 4962 discarded in the require a new conditional use permit. 4963 (iii) A single conditional use permit may be submitted for multiple sites within an inlet, bay or 4964 other defined feature, provided the sites are all under control of the same applicant and within 4965 the same shoreline permitting jurisdiction. 4966 Commented [AS202]: Response to Comments 1- 7:Retitled based on content. Commented [AS203]: Response to Comments 1- 7:Relocated to general regulations in (4) above. Commented [LG204]: 2011 b Periodic Checklist Commented [GU205]: AJS: Requirements for CUP for new commercial geoduck aquaculture added per WAC 173- 26-241(3)(b)(iv)(A) Commented [LG206]: Responses to Comment1: 1-7 Commented [AS207]: Edits made per Ecology required change 10 and recommended change 29 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 159/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iv) The CUP issued by the county shall include monitoring and reporting requirements 4967 necessary to verify that geoduck aquaculture operations are in compliance with conditions set 4968 forth in the CUP. 4969 (v) The county shall review the considerations listed in WAC 173-26-241(3)(b)(iv)(L)(I)-(XII) 4970 during development of permit conditions necessary to avoid or limit impacts from geoduck 4971 aquaculture siting and operations and to achieve no net loss of ecological functions. The listed 4972 considerations are regarding impervious materials, motorized vehicles, time periods for limited 4973 activities, site alterations, property corner markers, mitigation measures, predator exclusion 4974 devices, turbidity minimization, use of barges/vessels, navigation rights, housekeeping 4975 practices, and public access. 4976 (b) Siting and design. In addition to the siting provisions of subsection (4), commercial geoduck 4977 aquaculture should only be allowed where sediments, topography, and land and water and shall not 4978 be abandoned in the uplandaccess support geoduck aquaculture operations without significant clearing 4979 or grading. 4980 (6c) Commercial geoduck aquaculture workers shall be allowed to accomplish on-site work during 4981 low tides, which may occur at night or on weekends. Where such activities are necessary, noise and 4982 light impacts to nearby residents shall be mitigated to the greatest extent practicable. 4983 (7) Regulations – Application Requirements. In addition to the minimum application requirements in 4984 JCC 18.25.630, aquaculture applications shall include the following information. To minimize 4985 redundancy, applicants are encouraged to include supporting permit applications and studies otherwise 4986 required by state and federal agencies to provide the information required below. The county may 4987 require submittal of these materials. The county shall accept these materials and only require additional 4988 application materials to the extent needed to address information in subsections (a) through (d). Where 4989 requested information is not applicable to a specific proposal, the application shall not be required to 4990 include all items listed under this section as long as it is demonstrated why the information does not 4991 apply, with concurrence from the administrator. 4992 (a) Prior to issuing a permit for any A site plan, including: 4993 (i) The perimeter of the proposed aquaculture operation area; 4994 (ii) Existing bathymetry depths based on mean lower low water (MLLW datum); 4995 (iii) Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other 4996 modifications; 4997 (iv) Areas where specific substrate modification will take place or development, the county may 4998 require copies of permit applications and/where structures or studies required by statematerials will be 4999 constructed or installed; 5000 (v) Number, types and federal agencies to ensuredimensions of structures, apparatus, equipment, 5001 or other improvements, including food and equipment storage areas. 5002 (vi) Access provisions for marine or vehicle traffic, processing structures or facilities; and 5003 Commented [AS208]: Edits made per Ecology recommended change 29. (9/30/22) Commented [AS209]: Edits made per Ecology recommended change 29 (9/30/22) Commented [AS210]: Response to Comments 1-7:Added per WAC 173-26-241(3)(b)(iv)(H) Commented [GU211]: AJS: Per Ecology recommended change 29, this phrase removed ("if not already provided to the county as part of submitted local, state or federal permit applications and supporting studies") and replaced with "To minimize redundancy...(a) through (d)" which was relocated from previously proposed language below. (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 160/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (vii) Location of this program are metstorage or processing structures or facilities. 5004 (b) A baseline ecological survey, including, but not limited a description of existing and seasonal 5005 conditions, and assessment of direct, indirect and cumulative impacts on each of the survey items. 5006 Where applicable to the subject proposal, the following shall be included in the survey. Note: 5007 information: regarding wind conditions, current flows and flushing rates (subsections (7)(b)(iii) 5008 through (v) of this section) will generally not be applicable to shellfish aquaculture applications. 5009 (i) Water quality; 5010 (ii) Tidal variations; 5011 (iii) Prevailing storm wind conditions; 5012 (iv) Current flows at each tidal cycle; 5013 (v) Flushing rates; 5014 (vi) Littoral drift; 5015 (vii) Sediment dispersal, including areas of differing substrate composition; 5016 (viii) Areas of aquatic, intertidal and upland vegetation complexes; an aquatic vegetation habitat 5017 survey must be conducted according to the most current WDFW and U.S. Army Corps of 5018 Engineers eelgrass and macroalgae survey guidelines; and 5019 (ix) Aquatic and benthic organisms present, including forage fish, and spawning and other 5020 lifecycle use of, or adjacent to, the site. 5021 (c) An operational plan, which includes the following, when applicable: 5022 (i) Species and quantity to be cultured or reared on an annual basis, including pounds of fish on 5023 hand throughout the year; 5024 (ii) Anticipated size of species at harvest ; 5025 (iii) Source of eggs, juveniles, broodstock or other aquatic product; 5026 (iv) A narrative description of implementation methods, including average and maximum 5027 stocking density, planting and harvest schedule/cycles, phasing options, and time of day, and 5028 potential plans for future expansion or change in species grown or harvest practices.; 5029 (ii) Number, types and dimensions of structures, apparatus or equipment. 5030 (iii(v) Schedule of development and maintenance; 5031 (vi) Predator control methods. including types of predator exclusion devices; 5032 (iv) (vii) Anticipated use and type of any feed, herbicides, antibiotics, vaccines, growth 5033 stimulants, antifouling agents, or other chemicals and an assessment of predicted impacts; 5034 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 161/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (viii) Anticipated levels of noise, lightand management practices that minimize and address 5035 impacts from mooring, parking, noise, light, litter, and odor and plans for minimizing their 5036 impacts.other activities associated with operations; 5037 (v) Potential(ix) Methods and location of waste disposal and sanitation facilities; 5038 (x) Number of employees/workers necessary for the project, including average and peak 5039 employment; 5040 (xi) Methods to address pollutant loading, including biological oxygen demand (BOD); 5041 (xii) A schedule for water quality monitoring, where required; 5042 (xiii) Description of waste water management, including potential impacts to animals, plants, 5043 and water quality due to the discharge of waste water from any upland development.; and 5044 (vi) Proof of application for an aquatic lands lease from the Washington State Department of Natural 5045 Resources (DNR) or proof of lease or ownership if bedlands are privately held. 5046 (vii) Department of Health (DOH) Shellfish Certification Number. 5047 (viii) Department of Fish and Wildlife (DFW) commercial aquatic farm or noncommercial, personal 5048 consumption designation. 5049 (ix) Proof of application for any permits required by the U.S. Army Corps of Engineers, Department of 5050 Health, or other agency. 5051 (x) Proof of application for any state and federal permits/approvals including any required federal 5052 consultation under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq., ESA). 5053 (b(xix) Measures to address direct, indirect and cumulative impacts to achieve no net loss of 5054 ecological functions consistent with the mitigation sequence described in JCC 18.25.270(2)(d). 5055 (d) Prior to approving a permit for floating/hanging or upland aquaculture use and development or 5056 bottom culture involving structures or installation of materials such as tubes or predator exclusion 5057 devices, the county mayshall require a visual analysis, including photo analysis/simulation of the 5058 proposed activity, prepared by the applicant/proponent describing. The analysis shall describe 5059 effects on nearby uses and aesthetic qualities of the shoreline. within a quarter-mile of the site 5060 during a range of tides from mean high to mean low, including what views in the vicinity would be 5061 altered or obstructed, such as public access views and views from substantial numbers of private 5062 residences, and shall identify proposed measures to reduce impacts. The analysis shall demonstrate 5063 that adverse impacts on the character of those areas are effectively mitigated. . 5064 (e) Other applications and reports, when applicable or requested, to ensure compliance with permit 5065 conditions, which may include: 5066 (i) Proof of an accepted application for an aquatic lands lease from the Washington State 5067 Department of Natural Resources (DNR), including a waiver of preference rights to access for 5068 navigation from the upland property owner, if applicable or proof of lease or ownership if 5069 bedlands are privately held. 5070 Commented [AS212]: Response to Comments 1- 7:Consolidated this provision with former (viii) below. Commented [AS213]: Edits made per Ecology recommended change 28 (9/30/22) Commented [AS214]: 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 [LG215]: Staff Docket/Code Interpretations Commented [AS216]: Response to Comments 1-7:Note: relocated this section (d) from end of code. Commented [LG217]: 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 Chapter 18.25 SHORELINE MASTER PROGRAM Page 162/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) Applicable Department of Health (DOH) licenses, certificates, or other approvals. 5071 (iii) Department of Fish and Wildlife (WDFW) aquatic farm registration, fish stocking permit, 5072 and/or fish transport permit. 5073 (iv) Proof of an accepted Washington Department of Ecology National Pollutant Discharge 5074 Elimination System (NPDES) permit, if applicable; 5075 (v) Water quality studies; 5076 (vi) Reports on solids accumulation on the bottom resulting from the permitted activity along 5077 with its biological effects; 5078 (vii) Report on growth, productivity, and chemical contamination of shoreline plants and animals 5079 within or adjacent to the proposed site; 5080 (viii) Noise level assessments, including mitigation measures to minimized impacts; and/or 5081 (ix) Monitoring and adaptive management plan for introduction of aquatic species not 5082 previously cultivated in Washington State. 5083 (x) Proof of application for any other permits required by the U.S. Army Corps of Engineers, 5084 Department of Health, WDFW, Ecology, or other agency, including any required federal 5085 consultation under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq., ESA). 5086 5087 (f) Where the county does not have expertise to analyze the merits of a report provided by an 5088 applicant, the applicant may be required to pay for third-party peer review of said report. 5089 [Ord. 7-13 Exh. A (Art. VIII § 2)] 5090 18.25.450 Commercial use. 5091 (1) Policies. 5092 (a) Commercial development should be located, designed and operated to avoid and minimize 5093 adverse impacts on shoreline ecological functions and processes. 5094 (b) Water-related commercial uses should not displace existing water-dependent uses, and water-5095 enjoyment commercial uses should not displace existing water-related or existing water-dependent 5096 uses, unless there are compelling reasons in the public interest. 5097 (c) Restoration of impaired shoreline ecological functions and processes should be encouraged as 5098 part of commercial development. 5099 (d) Commercial development should be visually compatible with adjacent noncommercial 5100 properties. 5101 Commented [AS218]: Edits made to relocate text to location above per Ecology recommended change 28 (9/30/22). Commented [AS219]: Response to Comments 1- 7:Relocated from finfish-specific regulations section above. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 163/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) Commercial uses located in the shoreline should provide public access in accordance with JCC 5102 18.25.290 (Public access). 5103 (2) Uses and Activities Prohibited Outright. Commercial parking as a primary use shall be prohibited 5104 within the shoreline jurisdiction. 5105 (3) Shoreline Environment Regulations. 5106 (a) Priority Aquatic. Commercial use and development is prohibited, except that small-scale, low 5107 intensity water-dependent commercial recreational use and development may be allowed as a 5108 conditional use subject to the use and development regulations of the abutting upland shoreline 5109 environment designation. 5110 (b) Aquatic. Water-dependent and water-related commercial recreational use and development 5111 may be allowed subject to the use and development regulations of the abutting upland shoreline 5112 environment designation. Water-enjoyment and non-water-dependent commercial 5113 use/development is prohibited. 5114 (c) Natural. Commercial use and development is prohibited, except that small-scale, low intensity 5115 water-dependent commercial recreational use and development may be allowed through a 5116 conditional use permit. 5117 (d) Conservancy. Water-dependent and water-related commercial use and development may be 5118 allowed as a conditional use subject to policies and regulations of this program. Non-water-5119 dependent and non-water-related commercial uses/developments are prohibited, except that 5120 small-scale, low intensity recreational/tourist development/use may be allowed with a conditional 5121 use permit; provided, that a portion of the use/development is water-dependent or water-related. 5122 (e) Shoreline Residential. Water-oriented commercial use and development may be allowed subject 5123 to policies and regulations of this program. Non-water-oriented commercial uses may be allowed as 5124 a conditional use. 5125 (f) High Intensity. Water-oriented commercial use and development may be allowed subject to 5126 policies and regulations of this program. Non-water-oriented commercial uses may be allowed as a 5127 conditional use. 5128 (4) Regulations – Application Requirements. 5129 (a) The county shall require proponents of all commercial use and development to provide the 5130 following information at the time of permit application: 5131 (i) Site plans showing the boundaries of the property and any existing structures, indication of 5132 existing vegetation and topography, locations of adjacent structures, roads or other 5133 infrastructure, and the ordinary high water mark and/or floodway boundary. For comparison, 5134 proposed structures and uses shall be overlaid on a site plan of existing conditions; and 5135 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 164/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) A description of the specific nature and character of the commercial activity (e.g., water-5136 dependent, water-related, water-enjoyment, non-water-oriented, or mixed-use), including a 5137 description of the specific components of the proposal; and 5138 (iii) A description of the reason for needing a shoreline location; and 5139 (iv) Any proposed measures to enhance the relationship of the activity to the shoreline; and 5140 (v) A description of the proposed provisions for providing public visual and/or physical access to 5141 the shoreline; and 5142 (vi) A description of mitigation measures proposed to ensure that the development will not 5143 cause significant adverse environmental impacts. 5144 (b) For mixed-use proposals, at least one alternative design depicting a mixture of uses and 5145 activities, structural location, site design, bulk and dimensional configuration, and an alternative 5146 approach to public visual and physical access to the shoreline. 5147 (5) Regulations – Water-oriented Use/Development. 5148 (a) Water-oriented commercial use and development shall be allowed when the proponent 5149 demonstrates that it will not result in a net loss of shoreline ecological functions or processes, or 5150 have significant adverse impact on other shoreline uses, resources and/or values such as navigation, 5151 recreation and public access. 5152 (b) A use or development shall not be considered water-dependent, water-related or water-5153 enjoyment until the county determines that the proposed design, layout and operation of the 5154 use/development meet the definition and intent of the water-dependent, water-related or water-5155 enjoyment designation. 5156 (c) Where existing water-oriented commercial uses are located in shoreline jurisdiction, any 5157 undeveloped and substantially unaltered portion of the waterfront not devoted to water-5158 dependent use shall be maintained for future water-related use. 5159 (6) Regulations – Non-Water-Oriented Use/Development. 5160 (a) Non-water-oriented commercial uses are prohibited on the shoreline unless they meet the 5161 following criteria: 5162 (i) The use is part of a mixed-use project that includes water-dependent uses and provides a 5163 significant public benefit with respect to the Shoreline Management Act’s objectives such as 5164 providing public access and ecological restoration; or 5165 (ii) Navigability is severely limited at the proposed site and the commercial use provides a 5166 significant public benefit with respect to the Shoreline Management Act’s objectives such as 5167 providing public access and ecological restoration. 5168 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 165/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall 5169 provide public access and/or restore shoreline ecological functions as follows: 5170 (i) When part of a mixed-use development, 80 percent of the shoreline buffer area shall be 5171 restored to provide shoreline ecological functions and processes that approximate the 5172 functions provided by the site in undisturbed or nondegraded conditions. 5173 (ii) When not part of a mixed-use development, the county shall determine the type and extent 5174 of public access and restoration on a case-by-case basis according to the opportunities and 5175 constraints provided by the site. 5176 (c) The county may waive the requirement to provide public access and/or restoration when: 5177 (i) The site is designated as a public access area by a shoreline public access plan, in which case 5178 public access consistent with that plan element shall be provided; or 5179 (ii) The county finds that the size of the parcel and/or the presence of adjacent uses preclude 5180 restoration of shoreline ecological functions. In such cases, where on-site restoration is 5181 infeasible, equivalent off-site restoration shall be provided consistent with the policies and 5182 regulations of this program. 5183 (d) Where restoration is provided pursuant to this section, buffers protecting the restored area shall 5184 be sized and designed as appropriate to protect shoreline resources based on a specific restoration 5185 plan. The buffer width may differ from the shoreline buffers required in JCC 18.25.270 so as not to 5186 encumber adjacent properties, unduly constrain the development site, or create a disincentive for 5187 restoration. 5188 (e) Existing non-water-dependent and non-water-related commercial use or development on 5189 shorelines that conform to this program may be permitted to expand landward, but not waterward 5190 of existing structures, provided the expansion otherwise conforms to this program. [Ord. 7-13 Exh. 5191 A (Art. VIII § 3)] 5192 (f) Scientific and educational facilities, including those for maritime education and training, and 5193 public uses not otherwise specified in Table 18.25.220, shall comply with all applicable provisions 5194 for commercial use. 5195 18.25.460 Forest practices. 5196 (1) Policies. 5197 (a) To be consistent with WAC 173-26-241(3)(e), the county should rely on the Forest Practices Act 5198 (Chapter 76.09 RCW), its implementing rules, and the 1999 Forest and Fish Report as adequate 5199 management of commercial forest uses within shoreline jurisdiction, except for forest conversion 5200 activities. 5201 (b) Forest lands should be reserved for long-term forest management and other such uses that are 5202 compatible with forest management. 5203 Commented [LG220]: Task Force D Marine Trades - maritime education added to definition of scientific and educational facilities. Also Staff Docket/Code Interpretations There was no use matrix reference. Example agencies treat similar to commercial (e.g. Pacific County). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 166/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) Forest practices should maintain natural surface and ground water movement patterns and 5204 protect the quality of surface and ground water. 5205 (d) Forest practices should minimize damage to fish and wildlife species and terrestrial, wetland, 5206 and aquatic habitats. 5207 (e) Forest practices should aim to maintain or improve the quality of soils and minimize erosion. 5208 (f) Where slopes are steep or soils are subject to sliding, erosion or high water table, special 5209 practices should be employed to minimize damage to shoreland and water bodies, and adjacent 5210 properties. 5211 (g) Forest practices should be conducted in a manner that minimizes adverse effects on the 5212 aesthetic qualities of shorelines. 5213 (h) Proper road and bridge design, location, and construction and maintenance practices should be 5214 used to prevent adversely affecting shoreline resources. 5215 (2) Uses and Activities Prohibited Outright. Forest practices below ordinary high water mark on all 5216 shorelines are prohibited. 5217 (3) Shoreline Environment Regulations. 5218 (a) Priority Aquatic. Forest practices are prohibited. 5219 (b) Aquatic. Forest practices are prohibited. 5220 (c) Natural. Forest practices may be allowed with conditional use approval, subject to the policies 5221 and regulations of this program. 5222 (d) Conservancy. Forest practices may be allowed subject to the policies and regulations of this 5223 program. 5224 (e) Shoreline Residential. Forest practices may be allowed subject to the policies and regulations of 5225 this program. 5226 (f) High Intensity. Forest practices may be allowed subject to the policies and regulations of this 5227 program. 5228 (4) Regulations. 5229 (a) Timber harvesting and forest practices activities that do not meet the definition of development 5230 in Article II of this chapter shall be conducted in accordance with the Washington State Forest 5231 Practices Act (Chapter 76.09 RCW), WAC Title 222, and the 1999 Forest and Fish Report, and any 5232 regulations adopted pursuant thereto. 5233 (b) Except as provided in subsections (4)(c) and (d) of this section, timber harvesting and forest 5234 practices activities that do not meet the definition of development in Article II of this chapter shall 5235 not be regulated by this program and shall not require a shoreline permit. A forest practice that 5236 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 167/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. only involves timber cutting is not a development under the act and does not require a shoreline 5237 substantial development permit or a shoreline exemption. A forest practice that includes activities 5238 other than timber cutting may be a development under the act and may require a substantial 5239 development permit, as required by WAC 222-50-020. 5240 (c) Selective commercial timber cutting on shorelines of statewide significance shall not exceed 30 5241 percent of the merchantable trees in any 10-year period as required by RCW 90.58.150. The county 5242 may allow exceptions to the 30 percent limit with a conditional use permit in accordance with WAC 5243 173-26-241(3)(e). 5244 (d) Forest practices roads on slopes that exceed 35 percent shall require a conditional use permit. 5245 (e) Other activities associated with timber harvesting, such as filling, excavation, and building roads 5246 and structures, that meet the definition of development shall be regulated according to the general 5247 provisions (Article VI of this chapter), shoreline modification provisions (Article VII of this chapter) 5248 and/or the other applicable use-specific provisions (this article) of this program and shall require a 5249 shoreline substantial development permit or conditional use permit as specified in this program. 5250 (f) Conversion of forest land to nonforestry uses (Class IV Conversion Forest Practices Permit) shall 5251 be reviewed in accordance with the provisions for the proposed nonforestry use and the general 5252 provisions in Article VI of this chapter and shall be subject to any permit requirements associated 5253 with the nonforestry use. [Ord. 7-13 Exh. A (Art. VIII § 4)] 5254 18.25.470 Industrial and port development. 5255 (1) Policies. 5256 (a) In securing shoreline locations for industrial or port development, preference should be given 5257 first to water-dependent industrial or port development, then to water-related industrial or port 5258 development. 5259 (b) Restoration of impaired shoreline ecological functions and processes should be encouraged as 5260 part of industrial and port development. 5261 (c) Industrial and port development should be visually compatible with adjacent noncommercial 5262 properties. 5263 (d) Industrial and port uses located in shoreline jurisdiction should provide public access in 5264 accordance with JCC 18.25.290 (Public access). 5265 (e) Shorelines suitable for deep-water harbors with access to adequate rail, highway and utility 5266 systems should be reserved for water-dependent or water-related industrial and port development. 5267 (f) Port facilities should be designed to allow the public to view harbor areas and should provide 5268 public facilities that do not interfere with port operations or endanger public health and safety. 5269 (g) Where feasible, transportation and utility corridors serving industrial and port uses should be 5270 located away from the water’s edge to minimize ecological impacts and to reduce the need for 5271 waterfront signs and other infrastructure. 5272 Commented [LG221]: 2017 e Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 168/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (h) Industrial or port development at deep-water sites should be limited to those uses that produce 5273 long-term economic benefit and minimize environmental impact. 5274 (i) Industrial and port development should be protected from encroachment or interference by 5275 incompatible uses such as residential or commercial uses, which have less stringent siting 5276 requirements. 5277 (j) Private and public entities should be encouraged to cooperatively use piers, cargo handling, 5278 storage, parking and other accessory facilities in waterfront industrial/port areas. 5279 (k) Log storage is not a desired use of the county’s shoreline and should be allowed only when 5280 adequate measures are taken to minimize adverse impacts. Upland log storage is preferred over in-5281 water storage. 5282 (2) Shoreline Environment Regulations. 5283 (a) Priority Aquatic. Industrial/port use and development are prohibited. 5284 (b) Aquatic. Water-dependent and water-related industrial/port use and development may be 5285 allowed as a conditional use, subject to the use and development regulations of the abutting upland 5286 shoreline environment designation. Uses and developments that are not water-dependent or 5287 water-related are prohibited. 5288 (c) Natural. Industrial/port use and development are prohibited. 5289 (d) Conservancy. Only low intensity water-dependent and water-related industrial/port use and 5290 development may be allowed as a conditional use, subject to policies and regulations of this 5291 program. Uses and developments that are not water-dependent or water-related are prohibited, 5292 except that industrial/port use and development that meet the criteria in subsection (5)(a) of this 5293 section may be allowed as a conditional use. 5294 (e) Shoreline Residential. Only low intensity water-dependent and water-related industrial/port use 5295 and development may be allowed subject to policies and regulations of this program. Uses and 5296 developments that are not water-dependent or water-related are prohibited, except that 5297 industrial/port use and development that meet the criteria in subsection (5)(a) of this section may 5298 be allowed as a conditional use. 5299 (f) High Intensity. Water-dependent and water-related industrial/port use and development may be 5300 allowed subject to policies and regulations of this program. Uses and developments that are not 5301 water-dependent or water-related may be allowed as a conditional use. 5302 (3) Regulations – General. 5303 (a) Where industrial and port use/development is allowed, it shall be located, designed, and 5304 constructed in a manner that minimizes adverse impacts to shoreline resources and shall include 5305 mitigation to ensure no net loss of shoreline ecological functions and processes. 5306 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 169/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) Accessory development that does not require a location at or near the water’s edge shall be 5307 located upland of the water-dependent portions of the development and outside the shoreline 5308 buffer. 5309 (c) Industrial noise caused by volume, frequency, or rhythm shall be muffled or otherwise 5310 controlled. Tsunami, air raid and other public safety warning sirens are exempt from this 5311 requirement. No vibration shall be permitted that is discernible without instruments on any 5312 adjoining non-industrial/port property. The county may require an acoustical study, vibration 5313 assessment, and mitigation as needed to address potential noise or vibration impacts. 5314 (d) Industrial and port facilities shall minimize direct or reflected glare and noxious odors discernible 5315 without instruments from adjacent properties, streets, or water areas, and must comply with 5316 Olympic Region Clean Air Agency (ORCAA) standards. 5317 (e) Docks, piers, pilings and launching facilities accessory to industrial and port development may be 5318 permitted; provided, that they serve a water-dependent or water-related use, and comply with JCC 5319 18.25.350 (boating facilities). 5320 (f) Storage or disposal of industrial and port wastes shall be prohibited within shoreline jurisdiction. 5321 (g) Non-water-dependent industrial/port uses may be permitted to occur at facilities previously 5322 approved for water-dependent uses under the following conditions: 5323 (i) A specific occupancy plan has been approved that allows interim uses for a specific period 5324 while the market for water-dependent uses is being developed and the proposed interim use is 5325 consistent with the occupancy plan. 5326 (ii) The period of interim lease or commitment of the space shall not exceed five years. At the 5327 end of five years, a new application for interim use shall be submitted. 5328 (iii) The proponent/applicant has made a good faith effort to obtain water-dependent uses. The 5329 period of the search for water-dependent uses, the notice of availability, listing or advertising 5330 employed, and any inquiries received shall be documented. 5331 (iv) No permanent improvements will be made to the space that require more than five years 5332 of occupancy to repay the investment. No permanent improvements will be made that will 5333 reduce the suitability of the space for water-dependent use. 5334 (4) Regulations – Water-oriented Use/Development. 5335 (a) Water-oriented industrial/port use and development shall be allowed when the 5336 proponent/applicant demonstrates that it will not cause a net loss of shoreline ecological functions 5337 or processes or have significant adverse impact on other shoreline uses, resources and/or values 5338 such as navigation, recreation and public access. 5339 (b) A use or development shall not be considered water-dependent, water-related or water-5340 enjoyment until the county determines that the proposed design, layout and operation of the 5341 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 170/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. use/development meet the definition and intent of the water-dependent, water-related or water-5342 enjoyment designation. 5343 (c) Where existing water-oriented industrial/port uses are located in shoreline jurisdiction, any 5344 undeveloped and substantially unaltered portion of the waterfront not devoted to water-5345 dependent use shall be maintained for future water-related use. 5346 (d) Water-dependent industry and port facilities shall be located and designed to minimize the need 5347 for initial or recurrent dredging, filling or other harbor and channel maintenance activities. 5348 (5) Regulations – Non-water-oriented Use/Development. 5349 (a) Non-water-oriented industrial/port uses are prohibited in shoreline jurisdiction unless they meet 5350 the following criteria: 5351 (i) The site is physically separated from the shoreline by another property or public right-of-5352 way; or 5353 (ii) The use is part of a mixed-use project that includes an associated water-dependent use; or 5354 (iii) Navigability is severely limited at the proposed site; or 5355 (iv) The industrial/port use provides a significant public benefit in the form of public access 5356 and/or ecological restoration. 5357 (b) When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall 5358 provide public access and/or restore shoreline ecological functions. The county shall determine the 5359 type and extent of public access and restoration on a case-by-case basis according to the 5360 opportunities and constraints provided by the site. 5361 (c) The county may waive the requirement to provide public access and/or restoration when: 5362 (i) The site is designated as a public access area by a shoreline public access plan, in which case 5363 public access consistent with that plan element shall be provided; or 5364 (ii) The county finds that the size of the parcel and/or the presence of adjacent uses preclude 5365 restoration of shoreline ecological functions. In such cases, where on-site restoration is 5366 infeasible, equivalent off-site restoration shall be provided consistent with the policies and 5367 regulations of this program. 5368 (d) Where restoration is provided pursuant to this section, buffers on the restored area shall be 5369 designed as appropriate to protect shoreline resources based on a specific restoration plan. The 5370 buffer width may differ from the shoreline buffers required in JCC 18.25.270 so as not to encumber 5371 adjacent properties or unduly constrain the development site. 5372 (e) Existing non-water-dependent and non-water-related industrial/port development on shorelines 5373 that conforms to this program may be permitted to expand landward, but not waterward of existing 5374 structures provided the expansion otherwise conforms to this program. 5375 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 171/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (6) Regulations – Log Storage. 5376 (a) In-water storage or rafting of logs is prohibited unless all of the following conditions are met: 5377 (i) There is no feasible upland location; and 5378 (ii) State water quality standards can be met at all times; and 5379 (iii) The storage does not create an impediment to navigation or interfere with other water-5380 dependent uses; and 5381 (iv) The storage occurs in deep water beyond the photic zone to reduce shading impacts; and 5382 (v) Overland transportation of logs would cause unacceptable transportation impacts; and 5383 (vi) Depths are sufficient to prevent grounding; and 5384 (vii) Easy let-down devices are employed for placing logs in the water. Free-fall or dumping of 5385 logs into water shall be prohibited. 5386 (b) Dredging to create log storage facilities shall be prohibited. 5387 (c) Log storage facilities shall be located in existing developed areas to the greatest extent feasible. 5388 If a new log storage facility is proposed along an undeveloped shoreline, an alternatives analysis 5389 shall be required. 5390 (d) Existing in-water log storage facilities in habitats used by federally listed threatened or 5391 endangered species shall be reevaluated if use is discontinued for two years or more or if 5392 substantial repair or reconstruction is required. 5393 (e) Offshore log storage shall only be allowed on a temporary basis, and should be located where 5394 natural tidal or current flushing and water circulation are adequate to disperse potential 5395 contaminants/pollutants. 5396 (f) Appropriate bark and wood debris control, collection and disposal methods shall be employed at 5397 log storage areas, log dumps, raft building areas and mill-side handling zones to prevent wood 5398 debris from entering the water. 5399 (g) Where water depths will permit the floating of bundled logs, they shall be secured in bundles on 5400 land before being placed in the water. Bundles shall not be broken again except on land or at mill-5401 side. 5402 (7) Regulations – Ship Building and Repair Yard Regulations. 5403 (a) Ship and boat building and repair yards shall employ best management practices to control, 5404 collect and treat surface runoff to protect the quality of affected waters in accordance with Chapter 5405 90.48 RCW. 5406 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 172/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) Cleaning, surfacing or resurfacing operations occurring over water that may result in the entry of 5407 debris into water shall employ fully intact tarps temporarily affixed to the hull above the water line. 5408 Prior to removing the tarps, the accumulated contents shall be removed and properly disposed of. 5409 (c) Impervious pavement is required for ship building and repair yards where the wet season water 5410 table is less than four feet below surface level. 5411 (8) Regulations – Application Requirements. The county shall require proponents of all industrial use and 5412 development to provide the following information at the time of permit application: 5413 (a) Site plans showing the boundaries of the property and any existing structures, indication of 5414 existing vegetation and topography, locations of adjacent structures, roads or other infrastructure, 5415 and the ordinary high water mark and/or floodway boundary. For comparison, proposed structures 5416 and uses shall be overlaid on a site plan of existing conditions; and 5417 (b) A description of the specific nature and character of the industrial activity (e.g., water-5418 dependent or water-related), including a description of the specific components of the proposal; 5419 and 5420 (c) A description of the reason for needing a shoreline location; and 5421 (d) Any proposed measures to enhance the relationship of the activity to the shoreline; and 5422 (e) A description of the proposed provisions for providing public visual and physical access to the 5423 shoreline; and 5424 (f) A description of potential noise impacts including an acoustical analysis; and 5425 (g) A description of mitigation measures including screening, fencing, and other measures to ensure 5426 that the development will not cause significant adverse environmental impacts. [Ord. 7-13 Exh. A 5427 (Art. VIII § 5)] 5428 18.25.480 Mining. 5429 (1) Policies. 5430 (a) Mining, as defined in Article II of this chapter, should be located and conducted so as to provide 5431 long-term protection of water quality, fish and wildlife species and habitat, to cause the least 5432 amount of disruption to the natural shoreline character, resources and ecology, and to avoid net 5433 loss of ecological functions in accordance with this program and other applicable laws. 5434 (b) Mining should not be located and conducted where unavoidable adverse impacts to other uses 5435 or resources equal or outweigh the benefits from mining. 5436 (c) Mining should not interfere with public access or recreation on the shoreline. 5437 (d) Mining should only be permitted when the proponent provides appropriate studies and detailed 5438 operation plans demonstrating all of the following: 5439 (i) Fish habitat, upland habitat and water quality will not be adversely affected; 5440 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 173/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (ii) The operation will not adversely affect geo-hydraulic processes, channel alignment, nor 5441 increase bank erosion or flood damages; 5442 (iii) The operation will provide all feasible measures to protect aquatic resources and 5443 anadromous fisheries from pollution related to mining including, but not limited to, 5444 sedimentation and siltation; chemical and petrochemical use and spillage, and storage or 5445 disposal of wastes and spoils. 5446 (e) Mining operations should be located, designed, and managed so that adjoining properties do 5447 not experience adverse impacts from noise, dust or other effects of the operation. The mine 5448 operator should be required to implement mitigation measures to minimize adverse proximity 5449 impacts. 5450 (f) Mining proposals that result in the creation, restoration, or enhancement of habitat for priority 5451 species are preferred over proposals that do not create or improve priority habitat. 5452 (2) Uses and Activities Prohibited Outright. Commercial and industrial extraction and processing of 5453 quarry rock, sand, gravel, cobbles or other minerals along any marine or freshwater lake shoreline, or 5454 waterward of the ordinary high water mark on any stream/river shoreline, are prohibited. 5455 (3) Shoreline Environment Regulations. 5456 (a) Priority Aquatic. Mining use and development are prohibited. 5457 (b) Aquatic. Mining use and development are prohibited. 5458 (c) Natural. Mining use and development are prohibited, except for transportation of minerals by 5459 road. 5460 (d) Conservancy. Mining use and development are prohibited, except for transportation of minerals 5461 by road. 5462 (e) Shoreline Residential. Mining use and development are prohibited, except for transportation of 5463 minerals by road. 5464 (f) High Intensity. Mining use and development may be allowed as a conditional use (CUP). 5465 (4) Regulations. 5466 (a) All mining activities shall be conducted to ensure compliance with the Washington State Surface 5467 Mining Act (Chapter 78.44 RCW), with JCC 18.20.240, 18.30.070, and 18.40.073, and with the no net 5468 loss provisions of this program. 5469 (b) As defined in Article II of this chapter, the regulations contained in this section shall apply to all 5470 mining operations, including the extraction, primary processing and transport of naturally occurring 5471 materials. For the purposes of this section, primary processing shall be construed to include 5472 screening, crushing, and stockpiling of materials removed from the site where the processing 5473 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 174/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. activity is located. Transport of minerals shall include conveyor systems and barge terminals that 5474 are specifically dedicated to transport of mined materials from the site to the marketplace. 5475 (c) No material (such as mining overburden, debris and tailings) or equipment shall be placed in 5476 water bodies, critical areas, or floodways and shall be stored so as to prevent erosion or seepage to 5477 surface and ground waters. 5478 (d) To minimize noise, dust, vibration, glare and other adverse impacts, a buffer of at least 100 feet 5479 wide shall be maintained between any mining site, including accessory facilities, and adjacent 5480 properties not used for mining operations. The buffer shall consist of undisturbed soils and native 5481 vegetation and shall only include land owned or leased by the mine operator. 5482 (e) The proposed subsequent use of reclaimed mined property shall be consistent with the 5483 provisions of the environment designation in which the property is located and that reclamation of 5484 disturbed shoreline areas shall provide appropriate ecological processes and functions consistent 5485 with the setting. Approved reclamation programs shall be initiated within 60 days following the 5486 completion of the mineral extraction operations, in consultation with Washington Department of 5487 Natural Resources. 5488 (f) Equipment or apparatus associated with mining operations such as machinery, machine parts, 5489 filters, grease and oil containers and rope shall be removed in a timely manner to an appropriate 5490 upland location. Proposals for mineral extraction and processing shall be accompanied by a report 5491 prepared by a licensed professional geotechnical engineer that includes a description of all of the 5492 following: 5493 (i) Types of materials present on the site; 5494 (ii) Quantity and quality of each material; 5495 (iii) Lateral extent and depth of mineral deposits; 5496 (iv) Depth of overburden and proposed depth of mining; 5497 (v) Cross section diagrams indicating present and proposed elevations and/or extraction levels; 5498 (vi) Existing drainage patterns, seasonal or continuous, and proposed alterations to drainage 5499 patterns; 5500 (vii) Proposed means of controlling surface runoff and preventing or minimizing erosion and 5501 sedimentation; 5502 (viii) The location and sensitivity of any affected flood hazard areas; 5503 (ix) The overall mineral extraction and processing plan, including scheduling, seasonal changes 5504 in activity levels, and daily operation schedules; 5505 (x) Proposed screening, buffering or fencing plans consistent with the requirements of this 5506 program; 5507 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 175/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (xi) Anticipated impacts to aquatic and riparian habitat; measures to mitigate or offset adverse 5508 impacts; and 5509 (xii) A proposed reclamation plan that, at a minimum, meets the requirements of Chapter 78.44 5510 RCW. [Ord. 7-13 Exh. A (Art. VIII § 6)] 5511 18.25.490 Recreation. 5512 (1) Policies. 5513 (a) Public recreation on public lands is a preferred use of the shoreline. Recreational uses and 5514 developments that facilitate the public’s ability to reach, touch, and enjoy the water’s edge, to 5515 travel on the waters of the state, and to view the water and the shoreline are preferred. Where 5516 appropriate, such facilities should be dispersed along the shoreline in a manner that supports more 5517 frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of 5518 people. 5519 (b) Jefferson County should develop a comprehensive shoreline public access plan in collaboration 5520 with federal, state, and local organizations whose missions include facilitating public access and 5521 recreation opportunities. 5522 (c) Recreational use and development should facilitate appropriate use of shoreline resources while 5523 also conserving them. 5524 (d) Linkages between shoreline parks, recreation areas and public access points with linear systems 5525 (e.g., water trails, hiking paths, bicycle paths, easements and/or scenic drives) should be provided 5526 where feasible. 5527 (e) Recreation facilities should incorporate adequate orientation information and public education 5528 regarding shoreline ecological functions and processes, the effect of human actions on the 5529 environment and the importance of public involvement in shoreline management. Opportunities to 5530 incorporate educational and interpretive information should be pursued in design and operation of 5531 recreation facilities and other amenities such as nature trails. 5532 (f) Recreational use and development should be supported by adequate utility and road facilities, or 5533 located where such facilities may be provided without significant damage to shore features 5534 commensurate with the number and concentration of anticipated users. 5535 (g) The county should encourage the use of street ends and publicly owned lands for shoreline 5536 public access to and development of recreational opportunities. 5537 (h) Recreation use and development should be located and designed in a manner that is compatible 5538 with the surrounding properties. 5539 (i) Recreational developments are encouraged to use low impact development techniques including 5540 but not limited to pervious pavements, to minimize effects associated with stormwater runoff. 5541 (2) Shoreline Environment Regulations. 5542 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 176/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Priority Aquatic. Water-oriented recreational use and development is allowed subject to the 5543 regulations of the abutting upland shoreline environment designation. Underwater parks may be 5544 allowed as a conditional use. Non-water-oriented recreation is prohibited. 5545 (b) Aquatic. Water-oriented recreational use and development is allowed subject to the regulations 5546 of the abutting upland shoreline environment designation. Underwater parks may be allowed as a 5547 conditional use. Non-water-oriented recreation is prohibited. 5548 (c) Natural. Non-water-oriented recreation is prohibited. Low intensity water-oriented recreational 5549 use and development may be allowed subject to policies and regulations of this program and the 5550 following criteria: 5551 (i) Essential minor structures such as trails, stairs, small picnic areas, primitive roads, 5552 viewpoints, restrooms or other appropriate sanitary facilities, interpretive facilities, or 5553 development that will not adversely affect shoreline ecological functions and processes are 5554 permitted, subject to policies and regulations of this master program. 5555 (ii) Any necessary landscaping shall use native vegetation. 5556 (iii) Recreational development requiring extensive structures or substantial alterations to 5557 topography or native vegetation is prohibited. 5558 (d) Conservancy. Non-water-oriented recreation is prohibited. Low intensity water-oriented 5559 recreational use and development is allowed subject to policies and regulations of this program and 5560 the following criteria: 5561 (i) Structures on sites of one acre or less shall not result in more than five percent building 5562 coverage, and total impervious surface shall not exceed 10 percent. 5563 (ii) Structures on sites greater than one acre will not result in more than 10 percent building 5564 coverage, and total impervious surface will not exceed 20 percent. 5565 (iii) Alteration of topography shall be limited to the minimum necessary to accommodate 5566 allowed use and development. 5567 (iv) Recreational use and development will not result in visitor patterns that degrade shoreline 5568 ecological functions. 5569 (e) Shoreline Residential. Water-oriented recreational use and development is allowed subject to 5570 the policies and regulations of this master program. Non-water-oriented recreation may be allowed 5571 as a conditional use. 5572 (f) High Intensity. Water-oriented recreational use and development is allowed subject to the 5573 policies and regulations of this master program. Non-water-oriented recreation is prohibited. 5574 (3) Regulations. 5575 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 177/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Water-oriented recreational use/development is a preferred use of the shoreline and shall be 5576 allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological 5577 functions or processes or have significant adverse impact on other shoreline uses, resources and/or 5578 values such as navigation and public access. 5579 (b) Recreation areas or facilities on the shoreline shall provide physical or visual public access 5580 consistent with JCC 18.25.290 (Public access). 5581 (c) Underwater parks may be permitted when properly sited and associated with adequate access, 5582 restroom facilities and parking. Underwater parks should be located adjacent to existing parks 5583 where feasible. 5584 (d) Non-water-oriented recreational facilities with playing fields or with extensive impervious 5585 surfaces are not preferred, and if permitted shall incorporate best management practices (BMPs) to 5586 prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and 5587 sediment from entering water bodies. 5588 (e) New recreational use/development shall be located landward of the shoreline buffers required 5589 by this program except that components of the recreational use or development that are water-5590 dependent or water-related may be allowed within the shoreline buffer. 5591 (f) Signs indicating the public’s right to access shoreline areas shall be installed and maintained in 5592 conspicuous locations at recreational facility points of access and entrances. 5593 (g) When a public recreation site abuts private property/tidelands, signs and other similar markers 5594 shall also indicate geographic limits of public access to minimize conflicts with adjacent 5595 use/development. 5596 (h) Where appropriate, recreational development proposals shall include provisions for 5597 nonmotorized access to the shoreline (e.g., pedestrian, water access and bicycle paths). 5598 (i) Proposals for recreational use and development that involve any clearing, grading or impervious 5599 surface shall include a landscape plan that uses species approved by the county. Native, self-5600 sustaining vegetation shall be used as often as possible. The removal of on-site native vegetation 5601 shall be limited to the minimum necessary for the development of campsites, selected viewpoints 5602 or other permitted structures or facilities and shall be subject to JCC 18.25.310 (Vegetation 5603 conservation). 5604 (j) Proposals for recreational development shall include adequate facilities for water supply, sewage 5605 and garbage disposal, and recycling commensurate with the intensity of the proposed use. 5606 Remotely located sites shall encourage visitors to implement best management practices (BMPs) 5607 such as the tread lightly and leave no trace principles of low impact recreation. 5608 (k) Recreational use and development shall incorporate appropriate mitigation to minimize light 5609 and noise impacts on adjoining land uses. Such measures shall include, but not be limited to, 5610 fencing, screening, and related measures. [Ord. 7-13 Exh. A (Art. VIII § 7)] 5611 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 178/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.500 Residential. 5612 (1) Policies. 5613 (a) Residential use is not water-dependent but is a preferredpriority use of the shorelines when such 5614 development is planned and carried out in a manner that protects shoreline functions and 5615 processes to be consistent with the no net loss provisions of this program. New over-water 5616 residences, including floating dwellings as defined by this program, are not a preferred or priority 5617 use and should be prohibited. 5618 (b) All residential use and development should be planned, designed, located, and operated to 5619 avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality 5620 and quantity, aesthetics, navigation, and neighboring uses. 5621 (c) All residential use and development should be properly managed to avoid damage to the 5622 shoreline environment and prevent cumulative impacts associated with shoreline armoring, 5623 overwater structures, stormwater runoff, septic systems, introduction of pollutants, and vegetation 5624 clearing. 5625 (d) New residential development should be limited to densities that are consistent with the 5626 Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program. The 5627 density per acre of development should be appropriate to local natural and cultural features. 5628 (e) Low impact development practices and clustering of dwelling units and accessory structures 5629 should be implemented as appropriate to preserve natural features, minimize physical impacts and 5630 reduce utility and road construction and maintenance costs. 5631 (f) New residential development should be planned and built in a manner that avoids the need for 5632 structural shore armoring and flood hazard reduction in accordance with JCC 18.25.380 (Flood 5633 control structures) and 18.25.410 (shoreline stabilization) of this program and other applicable 5634 plans and laws. 5635 (g) Residential development should be designed to: 5636 (i) Maintain or improve ecological functions and processes; and 5637 (ii) Preserve and enhance native shoreline vegetation; and 5638 (iii) Control erosion; and 5639 (iv) Protect water quality; and 5640 (v) Preserve shoreline aesthetic characteristics; and 5641 (vi) Minimize structural obstructions to public views and normal public use of the shoreline and 5642 the water. 5643 Commented [AS222]: Edits made per Ecology required change 11 and recommended change 30 (9/30/22). Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 179/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (h) Creation of new residential lots through land division should be designed, configured and 5644 developed to ensure that no net loss of ecological functions and processes occurs from the plat or 5645 subdivision, even when all lots are fully built-out. 5646 (i) Residential developments are encouraged, but not required, to provide public access to the 5647 shoreline. New multi-unit residential development, including subdivision of land into more than 5648 four parcels, is strongly encouraged to provide public access/open space area equal to at least 30 5649 percent of the total development/subdivision area for use by development residents and the public. 5650 (j) Whenever possible, nonregulatory methods to protect, enhance, and restore shoreline ecological 5651 functions should be encouraged for residential development. 5652 (2) Uses and Activities Prohibited Outright. 5653 (a) In-water, overwater or floating residencesdwellings or accessory dwelling units, including 5654 structures located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas 5655 or open water areas, are prohibited. 5656 (b) Residential development that can be reasonably expected to require structural shore armoring 5657 during the useful life of the structure or within 100 years, whichever is greater, is prohibited. 5658 (c) Residential development within a channel migration zone or floodway that can be reasonably 5659 expected to require structural flood protection during the useful life of the structure or within 100 5660 years, whichever is greater, is prohibited. 5661 (d) Land division and boundary line adjustments in shoreline jurisdiction are prohibited when such 5662 actions will result in lot configurations that are likely to require: 5663 (i) Significant vegetation removal; 5664 (ii) Structural shore armoring; 5665 (iii) Shoreline modification for erosion control; 5666 (iv) Flood hazard protection; or 5667 (v) Result in a net loss of shoreline ecological functions and processes at the time of 5668 development of the subdivision and/or during the useful life of the development or within 100 5669 years, whichever is greater. 5670 (3) Shoreline Environment Regulations. 5671 (a) Priority Aquatic. Residential development is prohibited. 5672 (b) Aquatic. Residential development is prohibited. 5673 (c) Natural. Residential development consisting of one single-family residence per existing legal lot 5674 of record may only be allowed as a conditional use, even where qualified as exempt. Accessory 5675 dwelling units shall be prohibited. 5676 Commented [AS223]: Edits made per Ecology recommended change 29 (9/30/22) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 180/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) Conservancy. Single-family and duplex development may be allowed subject to policies and 5677 regulations of this program. All other residential development may be allowed as a conditional use. 5678 (e) Shoreline Residential. Residential development is allowed subject to the policies and regulations 5679 of this master program. 5680 (f) High Intensity. Residential development is allowed subject to the policies and regulations of this 5681 master program. 5682 (g) In all SEDs where an existing single family dwelling (residential primary structure) has been 5683 established by exemption, no additional dwelling may be established by exemption on the same 5684 lot/parcel. Additional dwellings on the subject property shall require the permit type in Table 5685 18.25.220. 5686 (4) Regulations – Primary Residences and Property Subdivision. 5687 (a) Residential use and development shall be planned, designed, located, and operated to avoid 5688 adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, 5689 aesthetics, navigation, and neighboring uses. 5690 (b) The buffer requirements in Article VI of this program apply to residences, normal 5691 appurtenances, and accessory dwelling units, except that docks, floats, and beach access structures 5692 and other water-dependent and water-related structures accessory to residential use may be 5693 permitted to encroach into the buffer in accordance with the applicable provisions of this program. 5694 Accessory structures must be sited and designed to not require shoreline armoring within 100 5695 years. 5696 (c) Cluster development and appropriate low impact development practices shall be required for 5697 development sites constrained by critical areas and/or shoreline buffers. 5698 (d) When zoning regulations allow, proposals for multi-story residential development greater than 5699 35 feet above average grade must include an analysis of how the structure would impact the views 5700 of surrounding residents. If the proposed residence would block or significantly compromise the 5701 view of a substantial number of residences on adjoining areas, the county shall limit the height to 5702 35 feet, or require design revisions or relocation to prevent the loss of views to neighboring 5703 properties. 5704 (e) New multi-unit residential development, including subdivision of land into more than four 5705 parcels, shall provide public access/open space for use by development residents and the public. 5706 The county may alter the recommended area threshold per constitutional limits or waive this 5707 requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline 5708 ecology or legal limitations. The county may require alternatives to on-site physical access if on-site 5709 physical access is infeasible for the reasons noted. 5710 (f) As per Article VI of this chapter, new or expanded subdivisions and planned unit developments 5711 comprised of four or more lots or units shall provide public access to publicly owned shorelines or 5712 public water bodies unless: 5713 Commented [AS224]: Edits made per Ecology recommended change 29 (9/30/22) Commented [LG225]: Response to Comment 12.17. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 181/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) The site is designated in a shoreline public access plan for a greater component of public 5714 access; or 5715 (ii) The public access is demonstrated to be infeasible or inappropriate. 5716 (g) New or amended subdivisions, except those for lot line adjustment and lot consolidation 5717 purposes, shall provide public access as required in Article VI of this chapter. 5718 (h) When required for multi-lot/multi-unit residential development, the amount of public 5719 access/open space area shall be determined by site analysis per constitutional limits. The county 5720 may waive this requirement if public access is infeasible due to incompatible uses, risks to health or 5721 safety, impacts to shoreline ecology or legal limitations. In such cases, the county may require 5722 alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted. 5723 (i) The type and configuration of public access required for multi-unit/multi-lot residential 5724 development shall depend on the proposed use(s) and the following criteria: 5725 (i) Subdivisions within shoreline jurisdiction that have views of water areas shall at a minimum 5726 provide an area from which the public can view the shoreline. 5727 (ii) Subdivisions adjacent to public waterways or tidelands shall provide physical access to 5728 public waters/tidelands that are accessible at low tide or low water. 5729 (5) Regulations – Accessory Structures/Uses. 5730 (a) Accessory dwelling units may be permitted when the primary residential use is allowed pursuant 5731 to, and only when, other provisions of this program are met. 5732 (b) Accessory structures and uses such as boating facilities, pedestrian beach access structures, 5733 shore armoring and shore stabilization shall be subject to the applicable provisions of Article VII of 5734 this chapter. 5735 (c) A single water-dependent boathouse, as defined in Article II of this chapter, accessory to single-5736 family residential development may be allowed with a conditional use permit and in accordance 5737 with JCC 18.25.270(5)(d)(iii) and other provisions of this program. 5738 (d) A shoreline substantial development permit or conditional use permit shall be required for all 5739 accessory development that is not considered a normal appurtenance. [Ord. 7-13 Exh. A (Art. VIII § 5740 8)] 5741 18.25.510 Signs. 5742 (1) Policies. 5743 (a) Signs should be located, designed and maintained to be visually compatible with local shoreline 5744 scenery as seen from both land and water, especially on shorelines of statewide significance. 5745 (b) Sign location and design should not significantly impair shoreline views. 5746 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 182/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) To avoid continued proliferation of single purpose signs, communities, districts, and/or multi-use 5747 or multi-tenant commercial developments are encouraged to erect single, common use gateway 5748 signs to identify and give directions to local premises and public facilities. 5749 (d) Signs of a commercial or industrial nature should be limited to those areas or premises to which 5750 the sign messages refer. 5751 (e) Off-premises signs (including billboards) should not be located on shorelines except for 5752 approved community gateway or directional signs. 5753 (f) Signs near scenic vistas and viewpoints should be restricted in number, location, and height so 5754 that enjoyment of these areas is not impaired. 5755 (g) Freestanding signs should be located to avoid blocking scenic views and be located on the 5756 landward side of public transportation routes which generally parallel the shoreline. 5757 (h) To minimize negative visual impacts and obstructions to shoreline access and use, low profile, 5758 on-premises wall signs are strongly preferred over freestanding signs or off-premises wall signs. 5759 (i) Signs should be designed mainly to identify the premises and nature of enterprise without unduly 5760 distracting uninterested passersby. 5761 (2) Shoreline Environment Regulations. 5762 (a) Priority Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for 5763 water-dependent uses may be allowed subject to the use and development regulations of the 5764 abutting upland shoreline environment designation. No one premises may maintain more than two 5765 signs in a priority aquatic shoreline area. 5766 (b) Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for water-5767 dependent uses may be allowed subject to the use and development regulations of the abutting 5768 upland shoreline environment designation. No one premises may maintain more than two signs in 5769 an aquatic shoreline area. 5770 (c) Natural. Sign development is prohibited, except for trail marking, hazard warnings, or 5771 interpretive scientific or educational purposes and personal signs. Such allowed signs shall be 5772 limited in size and number to those required to effect their purpose. 5773 (d) Conservancy. Signs may be permitted subject to the policies and regulations of this master 5774 program. 5775 (e) Shoreline Residential. Signs may be allowed subject to the policies and regulations of this master 5776 program. 5777 (f) High Intensity. Signs may be allowed subject to the policies and regulations of this master 5778 program. 5779 (3) Regulations. 5780 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 183/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Signs shall comply with JCC 18.30.150 and exemptions listed there also apply in this program. 5781 (b) Plans and designs for non-exempt signs must be submitted for review at the time of shoreline 5782 permit application. 5783 (c) All signs shall be located and designed to minimize interference with vistas, viewpoints, and 5784 visual access to the shoreline. 5785 (d) Overwater signs or signs on floats or pilings shall be prohibited, except when related to 5786 navigation or a water-dependent use. 5787 (e) Illuminated signs shall be hooded, shaded, or directed so as to eliminate glare when viewed from 5788 surrounding properties or watercourses. 5789 (f) No signs shall be placed in view corridors required as a condition of permit approval under this 5790 master program. 5791 (g) The following types of signs may be permitted, subject to the provisions contained within this 5792 section: 5793 (i) Water navigational signs and highway and railroad signs necessary for operation, safety and 5794 direction; 5795 (ii) Public information/interpretive signs directly relating to a shoreline resource, use or activity; 5796 (iii) Off-premises, free signs for community identification, information, or directional purposes; 5797 (iv) Signs with changing messages; provided, that the information displayed is limited to time, 5798 temperature or date or public noncommercial messages; 5799 (v) National, state or institutional flags or temporary decorations customary for special holidays 5800 and similar events of a public nature; and 5801 (vi) Temporary directional signs to public or quasi-public events if removed within 10 days 5802 following the event. 5803 (h) The following types of signs are prohibited: 5804 (i) Signs that impair visual access through view corridors; 5805 (ii) Off-premises, detached outdoor advertising signs; 5806 (iii) Signs that incorporate spinners, streamers, pennants, flashing or blinking lights and moving 5807 devices, except for public highway and railroad signs; 5808 (iv) Signs placed on trees or other natural features; and 5809 (v) Commercial signs for products, services or facilities located off site. [Ord. 7-13 Exh. A (Art. 5810 VIII § 9)] 5811 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 184/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.520 Transportation. 5812 (1) Policies. 5813 (a) Major new roads, railroads and parking areas should be located outside of the shoreline 5814 jurisdiction whenever feasible. 5815 (b) Maintenance and repair of existing roads in shoreline jurisdiction shall use all reasonable 5816 methods to minimize adverse impacts on nearby shorelines. 5817 (c) Road and railroad locations should be planned to fit the topographical characteristics of the 5818 shoreline to minimize alterations to natural shoreline conditions. 5819 (d) New transportation facilities should be designed and located to minimize the need for the 5820 following: 5821 (i) Structural shoreline protection measures; 5822 (ii) Modifications to natural drainage systems; and 5823 (iii) Waterway crossings. 5824 (e) Planning for transportation and circulation corridors shall consider location of public access 5825 facilities, and be designed to promote safe and convenient access to those facilities. 5826 (f) Pedestrian trails and bicycle paths along shorelines are encouraged where they are compatible 5827 with the natural character, resources, and ecology of the shoreline. 5828 (g) When transportation corridors are necessary within shoreline jurisdiction, joint-use corridors are 5829 preferred and encouraged for roads, utilities, and motorized forms of transportation/circulation. 5830 (h) Parking is not a preferred use in shoreline areas and should be limited to accessory parking that 5831 which directly serves a permitted shoreline use. Primary use parking should be prohibited. 5832 (i) Parking facilities should be located and designed to minimize adverse environmental impacts to 5833 the following, including, but not limited to: 5834 (i) Stormwater runoff; 5835 (ii) Water quality; 5836 (iii) Visual qualities; 5837 (iv) Public access; and 5838 (v) Vegetation and habitat. 5839 (j) Parking areas should be planned to achieve optimum use. Where feasible, parking areas should 5840 serve more than one use (e.g., recreational use on weekends, commercial use on weekdays). 5841 Commented [LG226]: Response to ECY Rec-6 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 185/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (k) Transportation facilities should employ pervious materials and other appropriate low impact 5842 development techniques where soils and geologic conditions are suitable and where such measures 5843 could measurably reduce stormwater runoff. 5844 (l) The County should evaluate all transportation, plans and projects for opportunities to adapt and 5845 mitigate the effects of climate change. (Comprehensive Plan Policy TR-P-9.7) 5846 (2) Uses and Activities Prohibited Outright. 5847 (a) Parking as a primary use shall be prohibited within shoreline jurisdiction. 5848 (b) Parking is prohibited on structures located in or over water. 5849 (3) Shoreline Environment Regulations. 5850 (a) Priority Aquatic. Transportation facilities that provide access to water-dependent or water-5851 related uses may be allowed as a conditional use subject to the use and development regulations of 5852 the abutting upland shoreline environment designation. New or expanded stream crossings serving 5853 non-water-dependent or non-water-related uses may be allowed as a conditional use subject to the 5854 use and development regulations of the abutting upland shoreline environment designation. 5855 (b) Aquatic. Transportation facilities that provide access to water-dependent or water-related uses 5856 may be allowed as a conditional use subject to the use and development regulations of the abutting 5857 upland shoreline environment designation. New or expanded stream crossings for non-water-5858 dependent or non-water-related uses may be allowed as a conditional use subject to the use and 5859 development regulations of the abutting upland shoreline environment designation. 5860 (c) Natural. Transportation facilities are prohibited, except to access approved public recreational 5861 development. 5862 (d) Conservancy. Transportation facilities may be allowed subject to policies and regulations of this 5863 program. Transportation facilities not serving a specific approved use, including roads, railways, and 5864 parking areas, may be allowed as a conditional use, provided there is no feasible location outside of 5865 the shoreline. 5866 (e) Shoreline Residential. Transportation facilities may be allowed subject to policies and regulations 5867 of this program. Transportation facilities not serving a specific approved use, including roads, 5868 railways, and parking areas, may be allowed as a conditional use, provided there is no feasible 5869 location outside of the shoreline. 5870 (f) High Intensity. Transportation facilities may be allowed subject to policies and regulations of this 5871 program. Transportation facilities not serving a specific approved use, including roads, railways, and 5872 parking areas, may be allowed as a conditional use, provided there is no feasible location outside of 5873 the shoreline. 5874 (4) Regulations – Design and Operation. 5875 Commented [LG227]: Comp Plan Policy TR-P-9.7 Commented [LG228R227]: Task Force C Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 186/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) New transportation facilities in shoreline jurisdiction shall be located to be as far away from 5876 shoreline features as possible and shall be designed to generally follow natural topography, to 5877 minimize cuts and/or fills, and to avoid adverse impacts to shoreline ecological functions and 5878 processes, including channel migration zones (CMZs). Wherever roads or railway embankments 5879 cross waterways including remnant stream channels and oxbow bends, crossings of ample cross-5880 section shall be provided to span the feature. 5881 (b) Raised arterial roads or railways shall be built outside the floodway except for necessary 5882 crossings. If built in the floodplain, such routes shall be designed to avoid obstructing floodwaters. 5883 Any parking areas required along such roads shall be located to prevent or minimize the need for 5884 flood control or shoreline armoring. Local access roads in floodplains shall be built so that 5885 floodwaters are not obstructed nor diverted. 5886 (c) Transportation facilities shall be designed so that no significant loss of floodway capacity nor 5887 measurable increase in predictable flood levels will result. Such facilities shall avoid placing 5888 structures within the channel migration zone or any dynamic, shifting channel area. 5889 (d) In instances where water crossing is required, roads shall cross shoreline areas and water bodies 5890 by the shortest, most direct route feasible unless such route would cause more damage to the 5891 environment. 5892 (e) When an in-water or overwater development or structure is required for construction, operation 5893 or maintenance of transportation facilities, it shall meet all provisions of this section and this 5894 program. 5895 (f) Bridge supports and abutments shall be designed and spaced so they do not act as walls baffling 5896 or blocking flood waters, or interrupting stream channel processes or littoral drift. 5897 (g) Bridges and culverts shall be used in accordance with WDFW guidance to protect shoreline 5898 ecological functions and processes. Transportation crossings over ordinary high water in floodways 5899 shall be constructed on open piling, support piers, culverts, or other similar measures to preserve 5900 hydraulic processes. 5901 (h) Parking facilities shall only be permitted in shoreline jurisdiction to support an authorized use 5902 where it can be demonstrated that there are no feasible alternative locations away from the 5903 shoreline. 5904 (i) Transportation facilities shall be constructed of materials that will not adversely affect water 5905 quality or aquatic plants and animals over the long term. Elements within or over water shall be 5906 constructed of materials approved by applicable state agencies for use in water for both submerged 5907 portions and other components to avoid discharge of pollutants from splash, rain or runoff. Wood 5908 or pilings treated with creosote, pentachlorophenol or other similarly toxic materials are prohibited. 5909 Preferred materials are concrete and steel. 5910 (j) Transportation development shall be carried out in a manner that maintains or improves state 5911 water quality standards for affected waters. 5912 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 187/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (k) Pervious materials and low impact development techniques shall be used to manage stormwater 5913 runoff where feasible and where conditions are appropriate. 5914 (l) Non-emergency construction and repair work shall be scheduled for that time of year when 5915 seasonal conditions (weather, streamflow) permit optimum feasible protection of shoreline 5916 ecological functions and processes. 5917 (m) Transportation shall be required to make joint use of rights-of-way and to consolidate crossings 5918 of water bodies where adverse impact to the shoreline can be minimized by doing so. 5919 (n) Roads and railroads shall be located to minimize the need for routing surface waters into and 5920 through culverts. 5921 (5) Regulations – Parking. 5922 (a) Parking shall only be permitted in shoreline jurisdiction when necessary to support an 5923 authorized use where it can be demonstrated that there are no feasible alternative locations away 5924 from the shoreline. Parking facilities shall be buffered from the water’s edge and less intense 5925 adjacent land uses by vegetation, undeveloped space, or structures developed for the authorized 5926 primary use to the maximum practicable extent. 5927 (b) Parking areas shall be developed using low impact development techniques whenever possible 5928 including but not limited to the use of permeable surfacing materials. 5929 (c) Parking facilities shall be designed and located to minimize adverse impacts upon abutting 5930 properties. Landscaping shall consist of county-approved vegetation species planted prior to 5931 completion of the parking area. Landscape plantings shall be selected, planted and maintained to 5932 provide effective screening within three years of project completion and through maturity of the 5933 species. 5934 (d) Parking facilities serving individual buildings shall be located landward of the principal building 5935 being served, except when the parking facility is located within or beneath the structure and is 5936 adequately screened, or in cases when an alternate location would have less environmental impact 5937 on the shoreline. 5938 (e) Parking facilities for shoreline uses shall be designed to provide safe and convenient pedestrian 5939 circulation within the parking area and to the shorelines. 5940 (f) Parking facilities shall be provided with facilities adequate to prevent surface water runoff from 5941 contaminating water bodies, using best available technologies. A parking facility maintenance 5942 program shall be required to assure the proper functioning of drainage facilities over time. [Ord. 7-5943 13 Exh. A (Art. VIII § 10)] 5944 (g) Parking facilities may include features such as lighting, signage, electric vehicle charging stations, 5945 bike racks/lockers, passenger loading/seating, and similar features, when demonstrated to be an 5946 ancillary component of an accessory parking function. Such ancillary components may be provided 5947 as a complimentary or for a user fee, by the accessory parking’s primary use owner/operator or by a 5948 third-party with written permission. Unrelated stand-alone commercial activities (e.g. concession 5949 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 188/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. stand, bike rentals) located in a parking lot are not ancillary components and shall be subject to 5950 other applicable provisions of the program. 5951 18.25.530 Utilities. 5952 (1) Policies. 5953 (a) New public or private utilities should be located inland from the land/water interface, preferably 5954 outside of the shoreline, unless: 5955 (i) The utility requires a location adjacent to the water; or 5956 (ii) Alternative locations are infeasible; or 5957 (iii) Utilities are required for permitted shoreline uses consistent with this program. 5958 (b) Utilities should be located and designed to avoid public recreation and public access areas and 5959 significant historic, archaeological, cultural, scientific or educational resources. 5960 (c) Pipeline and cable development should be designed and sited to avoid crossing aquatic lands. If 5961 a water crossing is unavoidable, it should be located in an area that will cause the least adverse 5962 ecological impact, be installed using the methods that minimize adverse impacts, and be the 5963 shortest length feasible. 5964 (d) Utility facilities of all kinds that would require periodic maintenance activities should avoid 5965 shoreline locations to prevent disruption of shoreline ecological functions. 5966 (e) New utilities should use existing transportation and utility sites, rights-of-way and corridors, 5967 rather than creating new corridors. 5968 (f) New utility installations should be planned, designed and located to eliminate the need for 5969 structural shoreline armoring or flood hazard reduction measures. 5970 (g) Utility facilities and corridors should be planned, designed and located to protect scenic views. 5971 Where feasible, conveyance utilities should be placed underground or alongside or under bridges, 5972 unless doing so would cause greater ecological impact or harm. 5973 (h) Power generating facilities and other utilities using emerging technologies such as tidal energy 5974 generators should be carefully evaluated to ensure that the potential impacts are fully understood. 5975 Before approving such facilities, the county should consider whether the benefits to the public 5976 outweigh the potential impacts. The county should ensure such facilities are designed and located 5977 to protect ecological functions and shoreline resources. 5978 (2) Shoreline Environment Regulations. 5979 (a) Priority Aquatic. 5980 (i) Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines, 5981 sewer outfalls, overwater public utility lines consisting of local distribution lines, water intakes, 5982 and desalinization facility intakes/outfalls may be allowed as conditional uses subject to policies 5983 Commented [LG229]: Response to ECY Rec-6 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 189/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. and regulations of this program and subject to the use and development regulations of the 5984 abutting upland shoreline environment designation. 5985 (ii) All other utility development is prohibited. 5986 (b) Aquatic. 5987 (i) Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines, 5988 sewer outfalls, overwater public utility lines consisting of local distribution lines, water intakes, 5989 and desalinization facility intakes/outfalls may be allowed as conditional uses subject to policies 5990 and regulations of this program and subject to the use and development regulations of the 5991 abutting upland shoreline environment designation. 5992 (ii) Submarine water and sewer lines, fuel pipelines, and sewer outfalls may be allowed as 5993 conditional uses subject to the use and development regulations of the abutting upland 5994 shoreline environment designation. 5995 (iii) Tidal generating facilities may be allowed as a conditional use. 5996 (iv) All other utility development is prohibited. 5997 (c) Natural. 5998 (i) Utility development is prohibited. 5999 (ii) Maintenance of existing utilities is allowed; provided, that the operator makes every effort 6000 to protect shoreline ecological functions and the natural features therein. Removal of existing 6001 utilities is preferred over time. 6002 (iii) Utilities accessory to and serving permitted uses are allowed. 6003 (d) Conservancy. Utility development consisting of local distribution facilities is allowed subject to 6004 policies and regulations of this program. The following may be allowed as a conditional use, 6005 provided there is no feasible location outside shoreline jurisdiction: sewage outfalls and treatment 6006 plants, overwater communication or power lines, fuel pipelines, and other types of hazardous 6007 material pipelines, regional facilities, including transmission facilities serving customers outside of 6008 Jefferson County, desalinization facilities, and power generating facilities. Freestanding 6009 communication towers are prohibited. 6010 (e) Shoreline Residential. Utility development consisting of local distribution facilities is allowed 6011 subject to policies and regulations of this program. The following may be allowed as a conditional 6012 use, provided there is no feasible location outside shoreline jurisdiction: regional facilities, including 6013 transmission facilities serving customers outside of Jefferson County, desalinization facilities, and 6014 power generating facilities. 6015 (f) High Intensity. Utility development consisting of local distribution facilities is allowed subject to 6016 policies and regulations of this program. The following may be allowed as a conditional use, 6017 provided there is no feasible location outside shoreline jurisdiction: regional facilities, including 6018 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 190/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. transmission facilities serving customers outside of Jefferson County, desalinization facilities, and 6019 power generating facilities. 6020 (3) Regulations – General. 6021 (a) All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially 6022 injurious to water quality are prohibited, except in situations where no other feasible alternative 6023 exists. In those limited instances when permitted, automatic shut-off valves shall be provided on 6024 both sides of the water body, and pipe sleeves shall be used to facilitate repair without future 6025 encroachment on surface waters and wetlands, unless more feasible or technically superior 6026 alternatives exist that provide equivalent protection, as deemed by the administrator. 6027 (b) Utilities that are not water-dependent shall be located outside shoreline buffers unless it is 6028 demonstrated that alternative locations and alternative technology are infeasible. 6029 (c) The construction, operation and maintenance of utilities shall not cause a net loss of shoreline 6030 ecological functions or processes or adversely impact other shoreline resources and values. 6031 (d) The following information shall be required for all proposals for utility facilities: 6032 (i) A description of the proposed facilities; and 6033 (ii) The rationale and justification for siting the proposed facility within shoreline jurisdiction; 6034 and 6035 (iii) A discussion of alternative locations considered and reasons for their elimination; and 6036 (iv) A description of the location of other utility facilities in the vicinity of the proposed project 6037 and any plans to include facilities or other types of utilities in the project; and 6038 (v) A plan for the reclamation of areas disturbed both during construction and following 6039 decommissioning and/or completion of the useful life of the facility; and 6040 (vi) A plan for the control of erosion and turbidity during construction and operation; and 6041 (vii) An analysis of alternative technologies; and 6042 (viii) Documentation that utilities avoid public recreation areas and significant natural, historic 6043 or archaeological or cultural sites or that no alternative is feasible and that all feasible 6044 measures to reduce harm have been incorporated into the proposal. 6045 (ix) When feasible, utility lines shall use existing rights-of-way, corridors and/or bridge crossings 6046 and shall avoid duplication and construction of new or parallel corridors in all shoreline areas. 6047 (e) Utility facilities shall be constructed using techniques that minimize the need for shoreline fill. 6048 When crossing water bodies, pipelines and other utility facilities shall use pier or open pile 6049 construction. 6050 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 191/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (f) Vegetation clearing during utility installation or maintenance shall be minimized, and disturbed 6051 areas shall be restored or enhanced following project completion consistent with the requirements 6052 of this program. 6053 (4) Regulations – Water Systems. 6054 (a) Components of water systems that are not water-dependent shall be located away from the 6055 shoreline. Private and public intake facilities should be located where there will be no net loss in 6056 ecological functions or adverse impacts upon shoreline resources, values, natural features, or other 6057 users. 6058 (b) Desalinization facilities shall be located outside of critical areas and landward of shoreline 6059 buffers, except for water-dependent components such as water intakes. 6060 (5) Regulations – Essential Public Facilities. 6061 (a) Essential public facilities shall be located, developed, managed, and maintained in a manner that 6062 protects shoreline ecological functions and processes. 6063 (b) Essential public facilities shall be designed to enhance shoreline public access and aesthetics. 6064 (c) Essential public facilities shall be located outside of shoreline jurisdiction unless they require a 6065 waterfront location or unless there is no feasible alternative. 6066 (6) Regulations – Sewage Systems. 6067 (a) Outfall pipelines and diffusers are water-dependent but shall be located to minimize adverse 6068 effects on shoreline ecological functions and processes or adverse impacts upon shoreline resources 6069 and values. 6070 (b) Septic tanks and drain fields are prohibited where public sewer is readily available. 6071 (7) Regulations – Solid Waste Facilities. 6072 (a) Facilities for processing and storage and disposal of solid waste are not normally water-6073 dependent. Components that are not water-dependent shall not be permitted on shorelines. 6074 (b) Disposal of solid waste on shorelines or in water bodies has potential for severe adverse effects 6075 upon ecological processes and functions, property values, public health, natural resources, and local 6076 aesthetic values, and shall not be permitted. 6077 (c) Temporary storage of solid waste in suitable receptacles is permitted as accessory to a permitted 6078 primary use or for litter control. 6079 (8) Regulations – Oil, Gas and Natural Gas Transmission. 6080 (a) Oil, gas and natural gas transmission and distribution pipelines and related facilities shall not be 6081 located in shoreline areas unless alternatives are demonstrated to be infeasible. 6082 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 192/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) Local natural gas service lines shall not be located in shoreline areas unless serving approved 6083 shoreline uses. Crossings of shorelines shall not be approved unless alternatives are demonstrated 6084 to be infeasible. 6085 (c) Developers and operators of pipelines and related facilities for gas and oil shall be required to 6086 demonstrate adequate provisions for preventing spills or leaks, as well as established procedures 6087 for mitigating damages from spills or other malfunctions and shall demonstrate that periodic 6088 maintenance will not disrupt shoreline ecological functions. 6089 (9) Regulations – Electrical Energy and Communication Systems. 6090 (a) Systems components (including substations, towers, and transmission and distribution lines) 6091 that are not water-dependent shall not be located on shorelines unless alternatives are infeasible. 6092 (b) Underground placement of lines shall be required for new or replacement lines that are parallel 6093 to the shoreline, and do not cross water bodies. New or replacement lines that cross water or 6094 critical areas may be required to be placed underground depending on impacts on ecological 6095 functions and processes and visual impacts. Poles or supports treated with creosote or other wood 6096 preservatives that may be mobile in water shall not be used along shorelines or associated 6097 wetlands. 6098 (10) Regulations – Power Generation Facilities. Power generation facilities involving emerging 6099 technologies such as tidal energy shall not be permitted until and unless the county determines that the 6100 adverse effects can be fully mitigated and the public benefits clearly outweigh the risks to the shoreline 6101 environment. [Ord. 7-13 Exh. A (Art. VIII § 11)] 6102 Article IX. Permit Criteria and Exemptions 6103 18.25.540 Substantial development permit criteria. 6104 To be authorized, all uses and developments shall be planned and carried out in a manner that is 6105 consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of 6106 whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use 6107 permit is required. [Ord. 7-13 Exh. A (Art. IX § 1)] 6108 18.25.550 Exemptions from shoreline substantial development permit process. 6109 (1) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of 6110 one or more of the listed exemptions may be granted exemptions from the substantial development 6111 permit process. 6112 (2) An exemption from the substantial development permit process is not an exemption from 6113 compliance with the Act or this program, or from any other regulatory requirements. To be authorized, 6114 all uses and developments must be consistent with the policies and provisions of this program and the 6115 Act. 6116 (3) A use or development or use that is listed as a conditional use pursuant to this program or is an 6117 unlisted use or development, must obtain a conditional use permit even if the development or use does 6118 not require a substantial development permit. 6119 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 193/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (4) When a development or use is proposed that does not comply with the bulk, dimensional and/or 6120 performance standards of this program, such development or use shall only be authorized by approval 6121 of a shoreline variance even if the development or use does not require a substantial development 6122 permit. 6123 (5) The burden of proof that a development or use is exempt is on the applicant/proponent of the 6124 exempt development action. 6125 (6) If any part of a proposed development is not eligible for exemption, then a substantial development 6126 permit is required for the entire proposed development project. 6127 (7) All permits or statements of exemption issued for development or use within shoreline jurisdiction 6128 shall include written findings prepared by the administrator, including compliance with bulk and 6129 dimensional standards and policies and regulations of this program. The administrator may attach 6130 conditions to the approval of exempt developments and/or uses as necessary to assure consistency of 6131 the project with the Act and this program. [Ord. 7-13 Exh. A (Art. IX § 2)] 6132 18.25.560 Exemptions listed. 6133 The following activities shall be considered exempt from the requirement to obtain a shoreline 6134 substantial development permit in accordance with RCW 90.58.030 and WAC 173-27-040: 6135 (1) Fair Market Value. Any development of which the total cost or fair market value, whichever is higher, 6136 does not exceed $6,4168,504 or as adjusted by WAC 173-27-040, if such development does not 6137 materially interfere with the normal public use of the water or shorelines of the state. For the purpose 6138 of determining whether or not a permit is required, the total cost or fair market value shall be based on 6139 the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). 6140 The total cost or fair market value of the development shall include the fair market value of any 6141 donated, contributed or found labor, equipment or materials. 6142 (2) Maintenance and Repair. Normal maintenance or repair of existing structures or developments, 6143 including damage by accident, fire or elements. Normal maintenance includes those usual acts to 6144 prevent a decline, lapse or cessation from a lawfully established condition. Normal repair means to 6145 restore a development to a state comparable to its original condition within a reasonable period after 6146 decay or partial destruction except where repair causes substantial adverse effects to the shoreline 6147 resource or environment. Replacement of a structure or development may be authorized as repair 6148 where such replacement is the common method of repair for the type of structure or development and 6149 the replacement structure or development is comparable to the original structure or development 6150 including but not limited to its size, shape, configuration, location and external appearance and the 6151 replacement does not cause substantial adverse effects to shoreline resources or the environment. 6152 (3) Residential Bulkhead. Construction of the normal protective bulkhead common to single-family 6153 residences. A normal protective bulkhead includes those structural and nonstructural developments 6154 installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an 6155 existing single-family residence and appurtenant structures from loss or damage by erosion. A normal 6156 protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or 6157 near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot 6158 of wall may be used for backfill. When an existing bulkhead is being repaired by construction of a 6159 Commented [AS230]: Edit made per Ecology recommended change 8 (9/30/22) Commented [LG231]: 2017 a Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 194/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing 6160 bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such 6161 that an ordinary high water mark has been established by the presence and action of water landward of 6162 the bulkhead, then the replacement bulkhead must be located at or near the actual ordinary high water 6163 mark. Beach nourishment and bioengineering erosion control projects may be considered a normal 6164 protective bulkhead when any structural elements are consistent with the above requirements and 6165 when the project has been approved by the Washington Department of Fish and Wildlife. 6166 (4) Emergency Construction. Emergency construction necessary to protect property from damage by the 6167 elements. An emergency is an unanticipated and imminent threat to public health, safety or the 6168 environment that requires immediate action within a time too short to allow full compliance with this 6169 program. Emergency construction does not include development of new permanent protective 6170 structures where none previously existed. Where new protective structures are deemed by the 6171 administrator to be the appropriate means to address the emergency situation, upon abatement of the 6172 emergency situation the new structure shall be removed or any permit that would have been required, 6173 absent an emergency, pursuant to Chapter 90.58 RCW, Chapter 173-27 WAC or this program, shall be 6174 obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and 6175 this program. As a general matter, flooding or other seasonal events that can be anticipated and may 6176 occur but that are not imminent are not an emergency. 6177 (5) Agriculture. Construction and practices normal or necessary for farming, irrigation, and ranching 6178 activities, including agricultural service roads and utilities, construction of a barn or similar agricultural 6179 structure, and the construction and maintenance of irrigation structures including, but not limited to, 6180 head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other 6181 activities of a commercial nature, or alteration of the contour of the shorelands by leveling or filling 6182 other than that which results from normal cultivation, shall not be considered normal or necessary 6183 farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used 6184 for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing 6185 crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering 6186 operations. 6187 (6) Drainage. Operation and maintenance of any system of dikes, ditches, drains, or other facilities 6188 existing on June 4, 1975, that were created, developed or utilized, primarily as a part of an agricultural 6189 drainage or diking system. 6190 (7) Navigation Aids. Construction or modification, by or under the authority of the Coast Guard or a 6191 designated port management authority, of navigational aids such as channel markers and anchor buoys. 6192 (8) Single-Family Residences. Construction on shorelands by an owner, lessee, or contract purchaser of a 6193 single-family residence for their own use or for the use of their family, which residence does not exceed 6194 a height of 35 feet above average grade level and that meets all requirements of the state agency or 6195 local government having jurisdiction thereof. Single-family residence means a detached dwelling 6196 designed for and occupied by one family including those structures and developments within a 6197 contiguous ownership which are a normal appurtenance as defined in Article II of this chapter. 6198 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 195/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (9) Residential Docks. Construction of an individual/single-user or shared dock for private 6199 noncommercial pleasure craft, for use by the owner, lessee, or contract purchaser of a single-family or 6200 multifamily residence. The private dock exemption applies to dock construction cost as specified in RCW 6201 90.58.030(3)(e).) and WAC 173-27-040(2)(h). 6202 (10) Irrigation. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or 6203 other facilities that now exist or are hereafter created or developed as a part of an irrigation system for 6204 the primary purpose of making use of system waters including return flow and artificially stored ground 6205 water for the irrigation of lands; provided, that this exemption shall not apply to construction of new 6206 irrigation facilities proposed after December 17, 2003. 6207 (11) State Property. The marking of property lines or corners on state owned lands, when such marking 6208 does not significantly interfere with normal public use of the surface of the water. 6209 (12) Energy Facilities. Any project with a certification from the governor pursuant to €Chapter 80.50 6210 RCW. 6211 (13) Site Exploration. Site exploration and investigation activities that are prerequisite to preparation of 6212 a development application for authorization under this program, if: 6213 (a) The activity does not interfere with the normal public use of surface waters; 6214 (b) The activity will have no significant adverse impact on the environment including but not limited 6215 to fish, wildlife, fish or wildlife habitat, water quality and aesthetic values; 6216 (c) The activity does not involve the installation of any structure and, upon completion of the 6217 activity, the vegetation and land configuration of the site are restored to conditions existing before 6218 the activity; 6219 (d) A private entity seeking development authorization under this section first posts a performance 6220 bond or provides other evidence of financial responsibility to the administrator to ensure that the 6221 site is restored to preexisting conditions; and 6222 (e) The activity is not subject to the permit requirements of RCW 90.58.550. 6223 (14) Noxious Weeds. The process of removing or controlling aquatic noxious weeds, as defined in RCW 6224 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that 6225 are recommended by a final environmental impact statement published by the Department of 6226 Agriculture or the Department of Ecology jointly with other state agencies under Chapter 43.21C RCW. 6227 (15) Watershed Restoration. Watershed restoration projects as defined herein and by RCW 89.08.460. 6228 The administrator shall review the projects for consistency with this program in an expeditious manner 6229 and shall issue its decision along with any conditions within 45 days of receiving a complete application 6230 form from the applicant/proponent. No fee may be charged for accepting and processing applications 6231 for watershed restoration projects as defined in this section. For the purposes of this exemption, the 6232 following definitions apply: 6233 Commented [LG232]: Periodic Checklist: 2019.a. Optional Edit. Commented [AS233]: Edit made per Ecology recommended change 30 (9/30/22) Commented [LG234]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 196/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (16a) “Watershed restoration project” means a public or private project authorized by the sponsor 6234 of a watershed restoration plan that implements the plan or part of the plan and consists of one or 6235 more of the following activities: 6236 (ai) A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards 6237 of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing 6238 vegetation is removed except as minimally necessary to facilitate additional plantings; 6239 (bii) A project for the restoration of an eroded or unstable stream bank that employs the 6240 principles of bioengineering, including limited use of rock as a stabilization only at the toe of 6241 the bank, and with primary emphasis on using native vegetation to control erosive forces of 6242 flowing water; or 6243 (ciii) A project primarily designed to improve fish and wildlife habitat, remove or reduce 6244 impediments to migration of fish, or enhance the fishery resource available for use by all of the 6245 citizens of the state; provided, that any structures, other than a bridge or culvert or in-stream 6246 habitat enhancement structure associated with the project, is less than 200 square feet in floor 6247 area and is located above the ordinary high water mark. 6248 (17b) “Watershed restoration plan” means a plan, developed or sponsored by the Department of 6249 Fish and Wildlife, the Department of Ecology, the Department of Transportation, a federally 6250 recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation 6251 district that provides a general program and implementation measures or actions for the 6252 preservation, restoration, recreation, or enhancement of the natural resource character and 6253 ecology of a stream, stream segment, drainage area or watershed for which agency and public 6254 review has been conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act. 6255 (18)(16) Habitat Enhancement and Fish Passage. A public or private project, the primary purpose of 6256 which is to improve fish or wildlife habitat or fish passage, when all of the following apply: pursuant to 6257 RCW 90.58.147. 6258 (a) 6259 (17) ADA Retrofit. The project has been approved in writing by the Departmentexternal or internal 6260 retrofitting of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately 6261 designed and sited to accomplish the intendedan existing structure with the exclusive purpose; 6262 (b) The project received hydraulic project approval by the Department of compliance with the Americans 6263 with disabilities act of Fish and Wildlife pursuant to Chapter 75.20 RCW; and 6264 (c) The administrator has determined that the project is consistent with this program. The administrator shall make 6265 such determination in a timely manner and1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide it by 6266 letter to the project proponent.physical access to the structure by individuals with disabilities. [Ord. 7-13 6267 Exh. A (Art. IX § 3)] 6268 18.25.570 Statements of exemption. 6269 (1) The administrator is hereby authorized to grant or deny requests for statements of exemption from 6270 the shoreline substantial development permit requirement for uses and developments within shorelines 6271 Commented [AS235]: Edits made per Ecology recommended change 31 (9/30/22) Commented [LG236]: 2016 a Periodic Checklist Commented [LG237]: Standardized in section .620 the use of "statement of exemption" for consistency with section .570. Discuss with Ecology if "letter of exemption" is preferred. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 197/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. that are specifically listed above. Such statements shall be applied for on forms provided by the 6272 administrator. The statement shall be in writing and shall indicate the specific exemption of this 6273 program that is being applied to the development, and shall provide a summary of the administrator’s 6274 analysis of the consistency of the project with this program and the Act. As appropriate, such statements 6275 of exemptions shall contain conditions and/or mitigating measures of approval to achieve consistency 6276 and compliance with the provisions of this program and Act. A denial of an exemption shall be in writing 6277 and shall identify the reason(s) for the denial. The administrator’s actions on the issuance of a statement 6278 of exemption or a denial are subject to appeal pursuant to the appeal provisions in Article X of this 6279 chapter. 6280 (2) Exempt activities related to any of the following shall not be conducted until a statement of 6281 exemption has been obtained from the administrator: dredging, flood control works and in-stream 6282 structures, archaeological or historic site alteration, clearing and ground disturbing activities such as 6283 landfill or excavation, dock construction, shore stabilization, freestanding signs, or any development 6284 within a priority aquatic, aquatic or natural shoreline designation; provided, that no separate written 6285 statement of exemption is required for the construction of a single-family residence when a county 6286 building permit application has been reviewed and approved by the administrator; provided further, 6287 that no statement of exemption is required for emergency development pursuant to WAC 173-14-6288 040(1)(d). 6289 (3) No statement of exemption shall be required for other exempt uses or developments unless the 6290 administrator has cause to believe a substantial question exists as to qualifications of the specific use or 6291 development for the exemption, or the administrator determines there is a likelihood of adverse 6292 impacts to shoreline ecological functions. 6293 (4) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under 6294 the Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water Pollution Control 6295 Act of 1972, a copy of the written statement of exemption shall be sent to the applicant/proponent and 6296 Ecology pursuant to WAC 173-27-050. [Ord. 7-13 Exh. A (Art. IX § 4)] 6297 18.25.580 Variance permit criteria. 6298 (1) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in 6299 this program where there are extraordinary or unique circumstances relating to the property such that 6300 the strict implementation of this program would impose unnecessary hardships on the 6301 applicant/proponent or thwart the policies set forth in RCW 90.58.020. Use restrictions may not be 6302 varied. In authorizing a variance, special conditions may be attached to the permit by the county or the 6303 Department of Ecology to control any undesirable effects of the proposed use. Final authority for 6304 variance permit decisions shall be granted by the Department of Ecology. 6305 (2) Variances will be granted in any circumstance where denial would result in a thwarting of the policy 6306 enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the 6307 public interest shall suffer no substantial detrimental effect. 6308 (3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the 6309 following: 6310 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 198/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) That)€at the strict application of the bulk or dimensional criteria set forth in this program 6311 precludes or significantly interferes with a reasonable permitted use of the property; 6312 (b) That the hardship described above is specifically related to the property, and is the result of 6313 conditions such as irregular lot shape, size, or natural features and the application of this program, 6314 and not, for example, from deed restrictions or the applicant’s/proponent’s own actions; 6315 (c) That the design of the project will be compatible with other permitted activities in the area and 6316 will not cause adverse effects on adjacent properties or the shoreline environment; 6317 (d) That the variance authorized does not constitute a grant of special privilege not enjoyed by the 6318 other properties in the area, and will be the minimum necessary to afford relief; 6319 (e) That the public interest will suffer no substantial detrimental effect; 6320 (f) That the public rights of navigation and use of the shorelines will not be materially interfered 6321 with by the granting of the variance; and 6322 (g) Mitigation is provided to offset unavoidable adverse impacts caused by the proposed 6323 development or use. 6324 (4) In the granting of all variances, consideration shall be given to the cumulative environmental impact 6325 of additional requests for like actions in the area. For example, if variances were granted to other 6326 developments in the area where similar circumstances exist, the total of the variances should also 6327 remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects 6328 to the shoreline ecological functions and processes or other users. 6329 (5) Other factors that may be considered in the review of variance requests include the conservation of 6330 valuable natural resources and the protection of views from nearby roads, surrounding properties and 6331 public areas. In addition, variance requests based on the applicant’s/proponent’s desire to enhance the 6332 view from the subject development may be granted where there are no likely detrimental effects to 6333 existing or future users, other features or shoreline ecological functions and/or processes, and where 6334 reasonable alternatives of equal or greater consistency with this program are not available. In platted 6335 residential areas, variances shall not be granted that allow a greater height or lesser shore setback than 6336 what is typical for the immediate block or area. 6337 (6) Permits and/or variances applied for or approved under other county codes shall not be construed as 6338 shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)] 6339 18.25.590 Conditional use permit criteria. 6340 (1) The purpose of a conditional use permit is to allow greater flexibility in administering the use 6341 regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a 6342 conditional use, special conditions may be attached to the permit by the county or the Department of 6343 Ecology to control any undesirable effects of the proposed use. Final authority for conditional use 6344 permit decisions rests with the Department of Ecology. 6345 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 199/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (2) Uses specifically classified or set forth in this program as conditional uses (including standard ‘C’, 6346 administrative ‘C(a)’, and discretionary ‘C(d)') and unlisted uses may be authorized, provided the 6347 applicant/proponent can demonstrate all of the following: 6348 (a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this program. 6349 (b) That the proposed use will not interfere with normal public use of public shorelines. 6350 (c) That the proposed use of the site and design of the project will be compatible with other 6351 permitted uses within the area. 6352 (d) That the proposed use will not cause adverse effects to the shoreline environment in which it is 6353 to be located. 6354 (e) That the public interest suffers no substantial detrimental effect. 6355 (3) In the granting of all conditional use permits, consideration shall be given to the cumulative 6356 environmental impact of additional requests for like actions in the area. For example, if conditional use 6357 permits were granted for other developments in the area where similar circumstances exist, the sum of 6358 the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 6359 and should not produce a significant adverse effect to the shoreline ecological functions and processes 6360 or other users. 6361 (4) Permits and/or variances applied for or approved under county zoning or subdivision code 6362 requirements shall not be construed as shoreline variances under this program. [Ord. 7-13 Exh. A (Art. IX 6363 § 6)] 6364 18.25.600 Unclassified uses. 6365 Other uses not specifically classified or set forth in this program, including the expansion or resumption of a 6366 nonconforming use, may be authorized as discretionary conditional uses, C(d), provided the 6367 applicant/proponent can demonstrate that the proposal will satisfy the criteria set forth above, and that 6368 the use clearly requires a specific site location on the shoreline not provided for under this program, and 6369 extraordinary circumstances preclude reasonable use of the property in a manner consistent with the 6370 use regulations of this program. [Ord. 7-13 Exh. A (Art. IX § 7)] 6371 Article X. Administration and Enforcement 6372 18.25.610 Administrative authority and responsibility. 6373 (1) Administrator. The director of the Jefferson County department of community development or 6374 his/her designee (the administrator) is vested with authority to: 6375 (a) Administer this master program; 6376 (b) Recommend to the hearing examiner approval, approval with conditions, or denial of any permit 6377 applications or revisions in accordance with the policies and regulations of this master program and 6378 the provisions of the Jefferson County Unified Development Code; 6379 Commented [LG238]: Response to ECY Rec-31 Commented [LG239]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 200/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) Grant written permit exemptions from shoreline substantial development permit requirements 6380 of this master program; 6381 (d) Determine compliance with the State Environmental Policy Act (Chapter 43.21C RCW; Chapter 6382 197-11 WAC); 6383 (e) Specify the required application forms and submittal requirements including the type, details 6384 and number of copies; 6385 (f) Advise interested citizens and project proponents of the goals, policies, regulations and 6386 procedures of this master program; 6387 (g) Make administrative decisions andconsistent with the provisions of this program; and issue 6388 administrative (code) interpretations of the policies and regulations of this master program andas 6389 allowed under WAC 173-26-140. Prior to issuance of any formal written interpretation, 6390 administrator will consult Ecology and ensure consistency with the Shoreline Management Act; and 6391 applicable guidelines; 6392 (h) Collect applicable fees; 6393 (i) Determine that application submittals are substantially complete; 6394 (j) Make field inspections as necessary; 6395 (k) Submit substantial development permit, variance permit and conditional use permit applications 6396 and make written recommendations and findings on such permits to the hearing examiner for 6397 his/her consideration and final action; 6398 (l) Assure that proper notice is given to appropriate persons and the public for all hearings; 6399 (m) Provide technical and administrative assistance to the hearing examiner as required for 6400 effective and equitable implementation of this master program and the Act; 6401 (n) Provide a summary report of the shoreline permits issued in the past calendar year to the 6402 hearing examiner and the Jefferson County board of county commissioners; 6403 (o) Investigate, develop and propose amendments to this master program as deemed necessary to 6404 more effectively and equitably achieve its goals and policies; 6405 (p) Seek remedies for alleged violations of this master program, the provisions of the Act, or of 6406 conditions of any approved shoreline permit issued by the county; 6407 (q) Coordinate information with affected agencies; and 6408 (r) Forward any decision on any permit application to the Washington State Department of Ecology 6409 for filing or action. 6410 (2) Hearing Examiner. The hearing examiner is vested with the authority and responsibility to: 6411 Commented [LG240]: Response to ECY Rec-32 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 201/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) Approve, condition, or deny shoreline substantial development permits, variance permits and 6412 conditional use permits after considering the findings and recommendations of the administrator; 6413 (b) Decide local administrative appeals of the administrator’s actions and interpretations, as 6414 provided in this program and the county Unified Development Code; 6415 (c) Consider shoreline substantial development permit, variance permit and conditional use permit 6416 applications and administrative appeals of the administrator’s actions on regular meeting days or 6417 public hearings; 6418 (d) Review the findings and recommendations for permit applications or appeals of the 6419 administrator’s actions and interpretations; 6420 (e) Approve, approve with conditions, or deny substantial development permits, variance permits 6421 and conditional use permits; 6422 (f) Conduct public hearings on appeals of the administrator’s actions, interpretations and decisions; 6423 (g) Base all decisions on shoreline permits or administrative appeals on the criteria established in 6424 this master program; and 6425 (h) At his or her sole discretion, require any project proponent granted a shoreline permit to post a 6426 bond or other acceptable security with the county, conditioned to assure that the project 6427 proponent and/or his or her successors adhere to the approved plans and all conditions attached to 6428 the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent of the 6429 estimated development cost including attached conditions. 6430 (3) Board of Commissioners. 6431 (a) The Jefferson County board of county commissioners (the BOCC) is vested with the authority to 6432 approve any revisions or amendments to this master program in accordance with the applicable 6433 requirements of the Act and the Washington Administrative Code. 6434 (b) The BOCC shall review and act upon any recommendations of the shoreline administrator for 6435 amendments to, or revisions of, this master program. The BOCC shall enter findings and conclusions 6436 setting forth the factors it considered in reaching its decision. To become effective any amendment 6437 to this master program must be reviewed and adopted by the Department of Ecology pursuant to 6438 RCW 90.58.190 and Chapter 173-26 WAC. [Ord. 7-13 Exh. A (Art. X § 1)] 6439 18.25.620 Permit application review. 6440 (1)(1) Type I – Exemptions, Applicability and Submittals. Determinations of the administrator regarding 6441 the geographic applicability of this master program, permit exemptions and application submittal 6442 requirements shall be processed as Type I decisions pursuant to Chapter 18.40 JCC. 6443 (2)(2) Type II – SDP and C(a). Applications for substantial development permits and variance permits shall 6444 be processed as Type III decisions pursuant to the Chapter 18.40 JCC. 6445 Commented [LG241]: Response to ECY Rec-33 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 202/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (3) Applications for uses/development listed as an administrative conditional use permit (i.e., “C(a)”) in 6446 Table 18.25.220 shall be processed according to the procedures for Type II land use decisions 6447 established in Article IV of Chapter 18.40 JCC. 6448 (4)(3) Type II or III -C(d). Applications for uses/developments listed as discretionary conditional use 6449 permits (i.e., “C(d)”) in Table 18.25.220 shall, at a minimum, be processed according to the procedures 6450 for Type II land use decisions established in Article IV of Chapter 18.40 JCC. However, in accordance with 6451 Chapter 18.40 JCC, the administrator may on a case-by-case basis refer a discretionary conditional use 6452 permit application to the hearing examiner to be processed according to the procedures for Type III land 6453 use decisions established in Article IV of Chapter 18.40 JCC. 6454 (5)(4) Type III – C and VAR/ Variance permits and standard conditional use permits (i.e., “C”) shall be 6455 processed as Type III decisions pursuant to the Chapter 18.40 JCC. 6456 (5) Type V – SMP Amendments. All amendments to this master program shall be processed as Type V 6457 decisions pursuant to Chapter 18.40 JCC. 6458 (6) Whenever the administrator issues a determination or recommendation and/or conditions of 6459 approval on a proposal which will result in the denial or substantial alteration of a proposed action, such 6460 determinations will be provided in writing stating the relationship(s) between the ecological factors, the 6461 proposed action and the condition(s). [Ord. 7-13 Exh. A (Art. X § 2)] 6462 (7) When a proposed use or development requires other approvals or permits outside this program do 6463 not require an open record hearing, such approvals or permits shall not be granted until a shoreline 6464 approval or permit is granted. All shoreline approvals and permits shall include written findings 6465 prepared by the administrator documenting compliance with bulk and dimensional standards and other 6466 policies and regulations of this program. 6467 (8) Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a 6468 substantial development permit, conditional use permit, variance, statement of exemption, or other 6469 review to implement the Shoreline Management Act do not apply to the following: 6470 (i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a 6471 facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D 6472 RCW, or to the department of ecology when it conducts a remedial action under chapter 6473 70.105D RCW. 6474 (ii) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, 6475 any person installing site improvements for storm water treatment in an existing boatyard 6476 facility to meet requirements of a NPDES stormwater general permit. 6477 (iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, 6478 Washington State Department of Transportation projects and activities meeting the conditions 6479 of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use 6480 permit, variance, statement of exemption, or other local review. 6481 Commented [LG242]: Staff Docket/Code Interpretations Commented [LG243]: 2017 c Periodic Review Commented [LG244]: Editorial correction Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 203/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iv) Projects consistent with an environmental excellence program agreement pursuant to RCW 6482 90.58.045. 6483 (v) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to 6484 chapter 80.50 RCW. 6485 18.25.630 Minimum permit application requirements. 6486 The administrator may vary or waive the requirements of this section on a case-by-case basis according 6487 to administrative application requirements. 6488 18.25.630 Minimum permit application requirements. 6489 A complete application for a substantial development, conditional use, or variance permit shall contain, 6490 as a minimum, all of the information required in any applicable section of this program, all of the 6491 information required in JCC 18.40.100, and any other information the administrator deems pertinent, 6492 including at a minimum: 6493 (1) The name, address and phone number of the applicant/proponent, applicant’s representative, 6494 and/or property owner if different from the applicant/proponent. 6495 (2) The property address and identification of the section, township and range to the nearest quarter, 6496 quarter section or longitude and latitude to the nearest minute. 6497 (3) The name of the shoreline (water body) that the site of the proposal is associated with. 6498 (4) A general description of the property as it exists at the time of application including its use, physical 6499 and ecological characteristics, improvements and structures. 6500 (5) A general description of the project vicinity including adjacent uses, structures and improvements, 6501 development intensity, and physical characteristics. 6502 (6) A vicinity map showing the relationship of the property and proposed development or use to roads, 6503 utilities, existing developments and uses on adjacent properties. 6504 (7) A site plan and/or engineered drawings identifying existing conditions consisting of photographs, 6505 text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all required 6506 information. 6507 (8) Location of the ordinary high water mark of all water bodies within or adjacent to the project 6508 boundary. For any development that requires a precise location of the ordinary high water mark, the 6509 applicant/proponent shall provide a survey and describe the biological and hydrological basis for the 6510 location as indicated on the plans. Where the ordinary high water mark is neither adjacent to or within 6511 the boundary of the project, the plan shall indicate the distance and direction to the ordinary high water 6512 mark of the adjacent shoreline. 6513 (9) Existing land contours at intervals sufficient to accurately determine the existing character of the 6514 property. Areas within the project boundary that will not be altered by the development may be 6515 indicated as such and contours approximated for that area. 6516 Commented [LG245]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 204/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (10) Critical areas as designated in Chapter 18.22 JCC, as incorporated into this program. 6517 (11) A general description of the character of vegetation found on the site. 6518 (12) A description of the existing ecological functions and processes affecting, maintaining, or 6519 influencing the shoreline at/near the project site. 6520 (13) The dimensions and locations of all existing structures and improvements. 6521 (14) The dimensions and locations of all proposed structures and improvements including but not 6522 limited to buildings, paved or graveled areas, roads, utilities, septic tanks and drain fields, material 6523 stockpiles or surcharge, and stormwater management facilities. 6524 (15) Proposed land contours overlain on existing contours. The contours shall be at intervals sufficient to 6525 accurately determine the extent of proposed change to the land that is necessary for the development. 6526 Areas within the project boundary that will not be altered by the development may be indicated as such 6527 and contours approximated for that area. 6528 (16) A summary characterization of the effects of the project on existing ecological functions and 6529 processes in the vicinity of the project. If the project is likely to have adverse effects on shoreline 6530 ecological functions or processes, a mitigation plan shall be provided demonstrating measures that will 6531 be taken to offset impacts. 6532 (17) On all variance applications the plans shall clearly indicate where development could occur without 6533 approval of a variance, the physical features and circumstances on the property that provide a basis for 6534 the request, and the location of adjacent structures and use. 6535 (18) The administrator may vary or waive the requirements in subsection (1) of this section on a case-by-case basis 6536 according to administrative application requirements. 6537 (19) Where other approvals or permits are required for a use or development that does not require an open record 6538 hearing, such approvals or permits shall not be granted until a shoreline approval or permit is granted. All shoreline 6539 approvals and permits shall include written findings prepared by the administrator documenting compliance with 6540 bulk and dimensional standards and other policies and regulations of this program. [Ord. 7-13 Exh. A (Art. X § 3)] 6541 18.25.640 Preapplication conferences. 6542 (1) Preapplication conferences are required in accordance with JCC 18.40.090(2) for projects including, 6543 but not limited to: 6544 (a) All Type II and Type III project applications. 6545 (b) Type I project applications proposing impervious surfaces of 10,000 square feet or more and/or 6546 non-single-family structures of 5,000 square feet or more. 6547 (c) All projects involving in-water work or work below the ordinary high water mark. 6548 (2) Preapplication conferences for all types of applications not listed in subsection (1) of this section or 6549 specified by JCC 18.40.090(2) are strongly encouraged, and requests for conferences will be considered 6550 by the administrator on a time-available basis. [Ord. 7-13 Exh. A (Art. X § 4)] 6551 Commented [AS246]: Edit made per Ecology required change 4 and recommended change 15 (9/30/22) Commented [LG247]: Staff Docket/Code Interpretations Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 205/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.650 Notice of application and permit application review.. 6552 (1) Public notice requirements shall occur in accordance with Chapter 18.40 JCC, Article III and the 6553 following: 6554 (a) Type I permits (statements of exemption) shall not require notice of application or open record 6555 hearing consistent with JCC 18.40.040. However, if a Type I permit is not categorically exempt under 6556 SEPA, then a notice may be required. 6557 (b) The administrator shall issue a notice of application on all Type IIIII project permit applications 6558 (SDP, C(a), and C(d)) in accordance with Chapter 18.40 JCC, Article III. 6559 (c) The administrator shall issue a notice of application on all Type III project permit applications (C, 6560 C(d), and Variances) in accordance with Chapter 18.40 JCC, Article III. 6561 (2) Permit application review shall occur in accordance with Chapter 18.40 JCC, Article IV., except as 6562 provided in Subsection (3). [Ord. 7-13 Exh. A (Art. X § 5)] 6563 (3) Special procedures for WSDOT projects. 6564 (a) Permit review time for projects on a state highway. Pursuant to RCW 47.01.485, the 6565 Legislature established a target of 90 days review time for local governments. 6566 (b) Optional process allowing construction to commence twenty-one days after 6567 date of filing. Pursuant to RCW 90.58.140, Washington State Department of Transportation 6568 projects that address significant public safety risks may begin twenty-one days after the date of 6569 filing if all components of the project will achieve no net loss of shoreline ecological functions. 6570 18.25.660 Nonconforming development. 6571 The following shall apply to nonconforming uses and developments, as defined in Article II of this 6572 chapter: 6573 (1) Legally(1) Conforming SFR and Nonconforming Uses/Structures. Legally established residential 6574 structures and appurtenant structures that are a conforming use, but do not meet the standards for 6575 setbacks, buffers, or yards; area; bulk; height; or density, are considered a conforming structure; normal 6576 maintenance and repair is allowed per Section .560 of this program. This conforming status applies until 6577 any change is proposed to such a conforming residential structure by redevelopment, expansion, change 6578 of the class of occupancy, or replacement, which may only be authorized when consistent with all 6579 applicable provisions of this SMP, including this section. 6580 Other legally established uses, buildings, structures and/or lots of record that do not meet the specific 6581 standards of this program are considered legal nonconforming and may continue as long as they remain 6582 otherwise lawful, and meet the following criteria: 6583 (a) Existing, Permitted, or Vested. The use, building, structure, or lot was existing on the effective 6584 date of initial adoption of this program (December 20, 1974), or any subsequent amendment 6585 thereto, or was authorized under a permit or approval issued, or is otherwise vested to this 6586 program; or 6587 Commented [LG248]: Response to ECY Comment Rec-34. Commented [LG249]: Staff Docket/Code Interpretations Commented [LG250]: 2015 a Periodic Checklist Commented [LG251]: Consistency edit, editorial Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 206/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) Variance. A structure for which a variance has been issued; or 6588 (c) Conditional. The existing use is designated as a conditional use under this program and existed 6589 prior to the adoption of this program or the adoption of an applicable amendment hereto and 6590 which has not obtained a conditional use permit; or 6591 (d) Abandoned. As per JCC 18.20.260, the use or structure is not discontinued or abandoned for a 6592 period more than two years. A property owner may be allowed three years if they demonstrate a 6593 bona fide intention to sell or lease the property. For purposes of calculating this time period, a use 6594 is discontinued or abandoned upon the occurrence of the first of any of the following events: 6595 (i) On the date when the land was physically vacated; 6596 (ii) On the date the use ceases to be actively involved in the sale of merchandise or the 6597 provision of services; or 6598 (iii) On the date of termination of any lease or contract under which the nonconforming use has 6599 occupied the land. 6600 (2) Normal maintenance and repair of a nonconforming structure may be allowed in accordance with 6601 JCC 18.25.560, and other provisions of this program. 6602 (3) Any repair, replacement, relocation or expansion/enlargement of a bulkhead shall conform to the 6603 provisions in Article VII of this chapter. 6604 (4) If a nonconforming use or structure is discontinued or abandoned per this section the 6605 nonconforming rights shall expire and any subsequent use shall be conforming. 6606 (5) New single-family residential development on lots whose dimensions do not allow a residence to be 6607 constructed outside the standard shoreline buffer may be allowed without a variance in accordance 6608 with the provision in JCC 18.25.270 (nonconforming lots). 6609 (6) Rebuilding After Damage. If a nonconforming development sustains major structural damage due to 6610 fire, flood or other natural disaster, it may be reconstructed upon its original site and to the 6611 configuration existing immediately prior to the damage, provided: 6612 (a) The rebuilt structure will not cause adverse effects to adjacent properties or to the shoreline 6613 environment; and 6614 (b) The site is geologically stable; and 6615 (c) No horizontal or vertical expansion or enlargement of the footprint or height, or any degree of 6616 relocation, will occur; and 6617 (d) No degree of relocation will occur, except to increase conformity, in which case the structure 6618 shall be located as far landward as possible or in the least environmentally damaging location 6619 relative to the shoreline or any critical area; and 6620 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 207/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (e) The submittal of applications for permits necessary to restore the development is begun within 6621 six months of the damage. The administrator may waive this requirement in situations with 6622 extenuating circumstances such as resolution of an estate, or widespread economic or natural 6623 disaster; and 6624 (f) The reconstruction is commenced within two years of the issuance of permits. Administrator 6625 may allow a one year extension. 6626 (7) In-Water/Overwater. When a use or development is not prohibited, replacement of nonconforming 6627 structures or buildings or portions thereof within the aquatic or priority aquatic shoreline area is allowed 6628 and shall comply with program requirements for materials that come in contact with the water pursuant 6629 to Article VI of this chapter. In-water and overwater use/development not allowed by this program shall 6630 not be replaced in-/overwater. 6631 (8) Minor Expansion/Enlargement without Conditional Use Permit or Shoreline Variance – Single-family 6632 Residential. The administrator may allow a one-time expansion of a nonconforming single-family 6633 residence by the addition of space to the main structure (footprint or height) or the addition of normal 6634 appurtenances. The expansion/addition of nonconforming accessory structures is not allowed. Minor 6635 SFR expansion may be allowed as: a Type II Substantial Development Permit (SDP); an SDP Exemption 6636 per Section .560 of this program; or as a conditional use per Section .500(3) of this program; provided, 6637 and subject to, the following: 6638 General Standards 6639 The following general provisions apply to all waterward and nonwaterward single-family residential 6640 minor expansions: 6641 (a) Location. The structure is located landward enlargement or expansionof the ordinary high water 6642 mark; and 6643 (b) Critical Areas. The expansion area does not threaten or adversely affect critical areas; and(c) 6644 Views. The expansion does not significantly impair views of the shoreline for a substantial number 6645 of adjacent residences. 6646 Waterward Standards 6647 (d) Expansion that further encroaches into the standard shoreline buffer closer to OHWM shall not 6648 be allowed, except ‘footprint infill’ of the main structure only, limited as follows: 6649 (i) A ’fill the notch’ expansion may be allowed if contained within the outer boundary of the 6650 existing structure’s foundation; or 6651 (ii) An ‘enclose the patio/porch’ expansion may be allowed if contained within the footprint of a 6652 legal pre-existing impervious surface area that is attached to the main structure; 6653 (iii) Such a ‘footprint’ infill expansion shall be limited as follows: 6654 Commented [LG252]: Task Force A Commented [LG253]: Response to ECY REQ-12 and Rec- 35. Commented [LG254]: Permit Type II under review per Staff Request. Commented [LG255]: Response to Comment: 12.20a and 12.20c Commented [LG256]: Related to Task Force A Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 208/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. A. Environment Designation. The property is designated as Shoreline Residential (SR) or 6655 High Intensity (HI) 6656 B. Expansion does not exceed 200 square feet or the main structure’s existing height; 6657 C. Does not extend closer to the OHWM than the JCC 18.25.270(5)(b)common line 6658 setback buffer; and 6659 D. Buffer Enhancement. Applicant submits and implements a planting plan consistent 6660 with subsection (11) demonstrating that the enhancement area includes 6661 revegetation of a native plant community of at least 80% of the buffer area. 6662 Nonwaterward Standards 6663 (e) Expansion that further encroaches into the standard shoreline buffer but does not get closer to 6664 OHWM, including lateral (parallel to OHWM), landward (away from OHWM), and/or vertical 6665 (increased height not to exceed 35’), shall only be allowed as follows: 6666 (i) Environment Designation. Nonwaterward expansion may be allowed in any shoreline 6667 designation; location in the Natural designation shall require a conditional use permit 6668 (C(a)) per Section .500(3) of this program; 6669 (ii) Buffer Enhancement. An equivalent area of shoreline buffer is enhanced 6670 through planting of native vegetation. The administrator shall require a planting plan 6671 per subsection (11) of this section to ensure this standard is implemented. 6672 (iii) Less than 10%. Any increase to the total footprint or volume of the 6673 existing structure of less than 10 percent. 6674 (iv) 10% to 25%. Any increase to the total footprint or volume of the 6675 existing structure greater than 10 percent but no more than 25 percent 6676 (9) Moderate Expansion – Single-family Residential with a Conditional Use Permit (C(d)) – 6677 Nonwaterward. 6678 (a) The administrator may allow a one-time nonwaterward expansion of a nonconforming single-6679 family residence located landward of OHWM and shall require a conditional use discretionary 6680 permit for any of the following: 6681 (i) Expansion of nonconforming single-family residences by the addition of space to the 6682 exterior of the main structure (footprint or the addition of vertical) or normal appurtenances 6683 without a shoreline conditional use permit or shoreline variance, provided, and subject to, the 6684 following:where the total footprint or volume will increase by more than 25 percent, except 6685 waterward. 6686 (a) The structure is located landward of the ordinary high water mark; and 6687 (b) No lateral or waterward enlargement or expansion beyond the existing structure’s foundation walls will 6688 occur; and 6689 (c) The increase/expansion in total footprint area does not threaten critical areas; and 6690 Commented [LG257]: Response to Comment: 12.19 Commented [LG258]: Consultant note: I think the flow of this hitches A-D only to (ii) - and not to (i) which I think is intended? Commented [LG259]: Consultant note. Discuss with Ecology: Iii and iv don't provide any direction with the deletions: (iii) Less than 10%. Any increase to the total footprint or volume of the existing structure of less than 10 percent. (iv) 10% to 25%. Any increase to the total footprint or volume of the existing structure greater than 10 percent but no more than 25 percent Commented [LG260]: Staff Docket/Code Interpretations Commented [LG261]: Response to Comment: 12.20a and 12.20c Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 209/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) The increased height does not significantly impair the public’s view of the shoreline. 6691 (e) Enlargements, expansions or additions that increase the total footprint of the existing structure(s) by up to 6692 10 percent shall be allowed, provided the expansion or addition will not adversely affect critical areas, 6693 significantly impair the ability of a substantial number of people to view the shoreline or increase the degree of 6694 nonconformity. 6695 (f) Enlargements, expansions or additions that increase the total footprint of the existing structure(s) greater 6696 than 10 percent but no more than 25 percent or increase the structure height up to the limits allowed by this 6697 program shall be allowed; provided, that the addition will not adversely affect critical areas, significantly 6698 impair the ability of a substantial number of people to view the shoreline, increase the degree of nonconformity, 6699 and further provided, that an equivalent area of shoreline buffer is enhanced through planting of native 6700 vegetation. The administrator shall require a planting plan to ensure this standard is implemented. 6701 (9) Expansion/Enlargement with a Conditional Use Permit. 6702 (a) The administrator shall require a conditional use permit for any of the following: 6703 (i) Enlargement or expansion of nonconforming single-family residences by the addition of space to the 6704 exterior of the main structure or normal appurtenances where the total footprint will increase by more than 6705 25 percent or the expansion/enlargement occurs vertically, laterally or landward, but not waterward, of the 6706 structure. 6707 (ii) Enlargement or expansion of single-family residences where the addition of space to the 6708 exterior of the main structure is likely to adversely affect critical areas, or is likely to obstruct 6709 the view of an adjacent development. and is beyond the footprint or volume allowed in 6710 Subsection (8). 6711 (iii) When allowed, an equivalent area of shoreline buffer area shall be enhanced through 6712 planting of native vegetation, plus additional mitigation to be required as appropriate. The 6713 administrator shall require a planting plan as outlined in subsection (11) of this section to 6714 ensure this standard is implemented. 6715 (b) Changing an Existing Nonconforming Use. A structure that is being or has been used for a nonconforming 6716 use may be used for a different nonconforming use only upon the approval of a conditional use permit, 6717 provided all the following criteria are met: 6718 (i) No reasonable alternative conforming use is practical because of the configuration of the structure 6719 and/or the property; and 6720 (ii) The proposed use will be at least as consistent with the policies and provisions of the Act and this 6721 program and as compatible with the uses in the area as the preexisting use; and 6722 (iii) The use or activity is enlarged, intensified, increased or altered only to the minimum amount 6723 necessary to achieve the intended functional purpose; and 6724 (iv) The structure(s) associated with the nonconforming use shall not be expanded in a manner that 6725 increases the extent of the nonconformity including encroachment into areas, such as setbacks and/or 6726 buffers established by this program, where new structures, development or use would not be allowed; and 6727 (v) The vegetation conservation standards of Article VI of this chapter are met; and 6728 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 210/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (vi) The change in use, remodel or expansion will not create adverse impacts to shoreline ecological 6729 functions and/or processes; and 6730 (vii) Uses which are specifically prohibited or which would thwart the intent of the Act or this program 6731 shall not be authorized. 6732 (viii) Nonconforming structures with conforming uses within commercial or mixed-use developments may 6733 be expanded or enlarged within the existing building footprint as a conditional use. 6734 (10) Other Expansion/Enlargement prohibited, except with a Shoreline Variance. 6735 (a) Waterward or Vertical: Single-Family Residential. Enlargement orWaterward expansion of single-6736 family residences that extends waterward: further encroaches into the standard shoreline buffer 6737 closer to OHWM beyond the existing residential foundation walls,limits of Section (8), further 6738 encroaches into a critical area, further encroaches into the minimum required side yard setback,; or 6739 that increases the structure height above the limits established by this program shall require a not be 6740 allowed, except by a shoreline variance. 6741 (b) Non-Single-Family Residential. Nonconforming structures, other than nonconforming single-6742 family residences, that areshall not be expanded, enlarged or relocated, must obtain except by a 6743 shoreline variance or shall be brought into conformance with this program and the Act. Any 6744 nonconforming development that is moved any distance must be moved to comply with the bulk 6745 and dimensionsdimensional requirements of this program. 6746 (c) Where an expansion is proposed per subsections (a) and (b), the proponent shall provide an 6747 equivalent area of shoreline buffer enhancement through planting of native vegetation consistent 6748 with an enhancement plan prepared per section (11) except that the enhancement plan shall be 6749 prepared by a qualified professional. 6750 (d) When an expansion involves a variance to height for the nonconforming structure, see 6751 requirements at JCC 18.25.300. 6752 (11) Buffer Enhancement Planting Standards 6753 (a) Expansions or additions allowed under subsections (8), (9), or (10) of this section require that an 6754 equivalent area of shoreline buffer be enhanced through planting of native vegetation. Buffer 6755 enhancement planting shall be consistent with the mitigation requirements of JCC 6756 18.25.270(2)(f)(i)- (vi). The planting plan should include: 6757 (i) Removal of non-native or invasive vegetation. 6758 (ii) Installation of a mix of trees, shrubs and groundcovers with a species diversity and spacing 6759 typical of native Puget Sound or Pacific Coast forest. 6760 (iii) Trees shall be planted on 12-foot centers and shrubs planted on 6-foot centers. 6761 (iv) If the enhancement area already contains some native vegetation, the planting area shall be 6762 expanded to accommodate the equivalent number of trees and shrubs as would be installed on 6763 bare ground. 6764 Commented [LG262]: Task Force A Commented [LG263]: Response to Comment 20 to clarify vertical Commented [AS264]: Edits made per Ecology recommended change 35 (9/30/22) Commented [GU265]: AJS: Added guidance re: simple planting plan requirements. Intended to be implementable by property owners without professional help. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 211/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (b) A planting plan, whether prepared with or without professional assistance, must include the 6765 following information and be determined adequate by the Administrator: 6766 (i) A description and photo of the existing conditions in the proposed enhancement area, to 6767 include identification of any invasive or non-native species to be removed and any native 6768 vegetation to be preserved. The boundaries of the proposed planting area should be marked 6769 and visible in the photograph. 6770 (ii) A site plan showing the location and dimensions of existing and proposed structures, the 6771 proposed planting area, and the shoreline buffer. 6772 (iii) A plant schedule listing the species and proposed numbers of trees, shrubs, and 6773 groundcovers. 6774 (iv) If the area to be enhanced is already well vegetated, the applicant shall identify an 6775 equivalent enhancement area that is contiguous to the well-vegetated area and located inside 6776 and/or outside the buffer. 6777 (v) A 10-year monitoring program to ensure survivability. Monitoring reports shall be prepared 6778 by the property owner, applicant or qualified professional at the end of years 1 through 5, Year 6779 7, and Year 10, provided that the report fully addresses the performance standards and any 6780 other maintenance requirements prescribed by the enhancement plan, and provides as-built 6781 plans, plant counts, and comprehensive photo documentation. 6782 (vi) When a required submittal is determined inadequate by the Administrator, and deficiencies 6783 are not remedied in a timely manner, the county may require the property owner/applicant to 6784 hire a qualified professional to prepare the planting plan, prepare the monitoring program, 6785 conduct the on-site monitoring, and/or prepare the monitoring reports. 6786 (c) Buffer enhancement plantings shall be maintained in perpetuity and documented with a notice 6787 to title. 6788 (12 6789 (12) Residential structures and appurtenant structures that were legally established and are used for a 6790 conforming use, but that do not meet standards for the following are considered a conforming 6791 structure: Setbacks, buffers, or yards; area; bulk; height; or density. Any redevelopment, expansion, 6792 change of the class of occupancy, or replacement of such a conforming residential structure may be 6793 authorized only when consistent with all applicable provisions of this SMP. This section applies until a 6794 change is proposed to the structures, in which case remaining provisions of JCC 18.25.660 apply. 6795 [Ord. 7-13 Exh. A (Art. X § 6)] 6796 18.25.665 State Environmental Policy Act (SEPA) compliance. 6797 (1) Whenever an application for shoreline substantial development permit, shoreline variance, shoreline 6798 conditional use permit, or statement of exemption is subject to the rules and regulations of SEPA 6799 (Chapter 43.21C RCW), the review requirements of SEPA, including time limitations, shall apply, where 6800 applicable. 6801 Commented [LG266]: Response to Comment: 12.20g. Commented [LG267]: Staff Docket/Code Interpretations Commented [LG268]: 2011 d Periodic Checklist Commented [LG269]: Response to Comment: 12.21 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 212/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (2) Applications for shoreline permit(s) or approval(s) that are not categorically exempt shall be subject 6802 to environmental review by the responsible official of Jefferson County pursuant to the State 6803 Environmental Policy Act (Chapter 197-11 WAC). 6804 (3) As part of SEPA review, the responsible official may require additional information regarding the 6805 proposed development in accordance with Chapter 197-11 WAC. 6806 (4) Failure of the applicant/proponent to submit sufficient information for a threshold determination to 6807 be made shall be grounds for the responsible official to determine the application incomplete. [Ord. 7-6808 13 Exh. A (Art. X § 7)] 6809 18.25.670 Burden of proof. 6810 Permit applicants/proponents have the burden of proving that the proposed development is consistent 6811 with the criteria set forth in the Act and this program. [Ord. 7-13 Exh. A (Art. X § 8)] 6812 18.25.680 Permit conditions. 6813 In granting, revising, or extending a shoreline permit, the administrator may attach such conditions, 6814 modifications, or restrictions thereto regarding the location, character, and other features of the 6815 proposed development deemed necessary to assure that the development will be consistent with the 6816 policy and provisions of the Act and this program as well as the supplemental authority provided in 6817 Chapter 43.21 RCW as applicable. In cases involving unusual circumstances or uncertain effects, a 6818 condition may be imposed to require monitoring with future review or reevaluation to assure 6819 conformance with the Act and this program. [Ord. 7-13 Exh. A (Art. X § 9)] 6820 18.25.690 Public hearings. 6821 (1) Public hearings shall occur in accordance with JCC 18.40.230 and 2.30.090. 6822 (2) Public hearing requirements for permit appeals shall be processed according to JCC 18.40.330; 6823 provided, that appeals of a determination regarding a statement of exemption shall occur in accordance 6824 with JCC 18.40.390. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance 6825 and must be paid by the appellant at the time of filing the appeal. [Ord. 7-13 Exh. A (Art. X § 10)] 6826 18.25.700 Expiration of permits and permit exemptions. 6827 The following time requirements shall apply to all permit exemptions, substantial development permits 6828 and to any development authorized pursuant to a variance permit or conditional use permit: 6829 (1) Construction shall be commenced or, where no construction is involved, the use or activity shall be 6830 commenced within two years of the effective date of the permit or permit exemption; provided, that 6831 the administrator may authorize a single extension based on reasonable factors, if a request for 6832 extension has been filed before the expiration date and notice of the proposed extension is given to 6833 parties of record and the Department of Ecology. 6834 (2) Authorization to conduct development activities shall terminate five years after the effective date of 6835 a permit or permit exemption; provided, that the shoreline administrator may authorize a single 6836 extension for a period not to exceed one year based on reasonable factors, if a request for extension has 6837 been filed before the expiration date and notice of the proposed extension is given to parties of record 6838 and the Department of Ecology. [Ord. 7-13 Exh. A (Art. X § 11)] 6839 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 213/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.710 Permits and permit exemptions – Effective date. 6840 (1) The effective date of a shoreline permit or permit exemption shall be the date of the last action 6841 required on the shoreline permit or permit exemption and all other government permits and approvals 6842 that authorize the development to proceed, including all administrative and legal actions on any such 6843 permit or approval. 6844 (2) It is the responsibility of the project proponent to inform the administrator of the permit applications 6845 filed with agencies other than Jefferson County and of any related administrative and legal actions on 6846 any permit or approval. If no notice of the permits or approvals is given to the administrator prior to the 6847 date established by the shoreline permit, permit exemption, or the provisions of this section, the 6848 expiration of a permit shall be based on the shoreline permit or permit exemption. [Ord. 7-13 Exh. A 6849 (Art. X § 12)] 6850 18.25.720 Satisfaction of conditions required prior to occupancy or use. 6851 When permit or permit exemption approval is based on conditions, such conditions shall be satisfied 6852 prior to occupancy or use of a structure or prior to commencement of a nonstructural activity; provided, 6853 that an alternative compliance limit may be specified in the permit or permit exemption. [Ord. 7-13 Exh. 6854 A (Art. X § 13)] 6855 18.25.730 Revisions following expiration of original permit or permit exemption. 6856 Revisions to permits and permit exemptions may be authorized after original permit or permit 6857 exemption authorization has expired; provided, that this procedure shall not be used to extend the 6858 original permit or permit exemption time requirements or to authorize substantial development after 6859 the time limits of the original permit or permit exemption. [Ord. 7-13 Exh. A (Art. X § 14)] 6860 18.25.740 Extensions – Notice to Ecology. 6861 The shoreline administrator shall notify the Department of Ecology in writing of any change to the 6862 effective date of a substantial development permit, variance permit or conditional use permit as 6863 authorized by this section, with an explanation of the basis for approval of the change. Any change to 6864 the time limits of a permit or permit exemption other than those authorized by this section shall require 6865 a new permit application. [Ord. 7-13 Exh. A (Art. X § 15)] 6866 18.25.750 Notice of decision, reconsideration and appeal. 6867 (1) A notice of decision for action on a shoreline substantial development permit, shoreline variance, or 6868 shoreline conditional use permit shall be provided to the applicant/proponent and any party of record in 6869 accordance with the procedures of Chapter 18.40 JCC and at least 10 days prior to filing such decisions 6870 with the Department of Ecology pursuant to WAC 173-27-130. Decisions filed with the Department of 6871 Ecology shall contain the following information: 6872 (a) A copy of the complete application; 6873 (b) Findings and conclusions that establish the basis for the decision including but not limited to 6874 identification of shoreline environment designation, applicable master program policies and 6875 regulations and the consistency of the project with appropriate review criteria for the type of 6876 permit(s); 6877 (c) The final decision of the local government; 6878 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 214/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) Where applicable, local government shall also file the applicable documents required by SEPA, 6879 or in lieu thereof, a statement summarizing the actions and dates of such actions taken under 6880 Chapter 43.21C RCW; and 6881 (e) When the project has been modified in the course of the local review process, plans or text shall 6882 be provided that clearly indicate the final approved plan. 6883 (2) A notice of decision for shoreline statements of exemption shall be provided to the 6884 applicant/proponent and any party of record. Such notices shall also be filed with the Department of 6885 Ecology, pursuant to the requirements of WAC 173-27-050 when the project is subject to one or more of 6886 the following federal permitting requirements: 6887 (a) A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899. (The 6888 provisions of Section 10 of the Rivers and Harbors Act generally apply to any project occurring on or 6889 over navigable waters; specific applicability information should be obtained from the Corps of 6890 Engineers.); or 6891 (b) A Section 404 permit under the Federal Water Pollution Control Act of 1972 (the provisions of 6892 Section 404 of the Federal Water Pollution Control Act generally apply to any project which may 6893 involve discharge of dredge or fill material to any water or wetland area; specific applicability 6894 information should be obtained from the Corps of Engineers). 6895 (3) This program shall only establish standing for parties of record for shoreline substantial development 6896 permits, shoreline variances, or shoreline conditional use permits. Standing as a party of record is not 6897 established by this program for exempt actions; provided, that in such cases standing may be 6898 established through an associated permit process that provides for public notice and provisions for 6899 parties of record. 6900 (4) The applicant/proponent or any party of record may request reconsideration of any final action by 6901 the decision maker within 10 days of notice of the decision. Such requests shall be filed on forms 6902 supplied by the county. Grounds for reconsideration must be based upon the content of the written 6903 decision. The decision maker is not required to provide a written response or modify his/her original 6904 decision. He/she may initiate such action as he/she deems appropriate. The procedure of 6905 reconsideration shall not preempt or extend the appeal period for a permit or affect the date of filing 6906 with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit 6907 appeal period. 6908 (5) Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development 6909 permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/proponent 6910 or any aggrieved party pursuant to RCW 90.58.180 within 21 days of filing the final decision by Jefferson 6911 County with the Department of Ecology. [Ord. 7-13 Exh. A (Art. X § 16)] 6912 (6) After all local permit administrative appeals or reconsideration periods are complete and the permit 6913 documents are amended to incorporate any resulting changes, the County will mail the permit using 6914 return receipt requested mail to the Department of Ecology regional office and the Office of the 6915 Attorney General. Projects that require both Conditional Use Permits and or Variances shall be mailed 6916 simultaneously with any Substantial Development Permits for the project. 6917 Commented [LG270]: 2017 d Periodic Checklist Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 215/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (i) The permit and documentation of the final local decision will be mailed together with the 6918 complete permit application; a findings and conclusions letter; a permit data form (cover sheet); 6919 and applicable SEPA documents. 6920 (ii) Consistent with RCW 90.58.140(6), the state’s Shorelines Hearings Board twenty-one (21) 6921 day appeal period starts with the date of filing, which is defined below: 6922 (a) For projects that only require a Substantial Development Permit: the date that Ecology 6923 receives the County decision. 6924 (b) For a Conditional Use Permit (CUP) or Variance: the date that Ecology’s decision on the CUP 6925 or Variance is transmitted to the applicant and the County. 6926 (c) For SDPs simultaneously mailed with a CUP or VAR to Ecology: the date that Ecology’s 6927 decision on the CUP or Variance is transmitted to the applicant and the County. 6928 18.25.760 Initiation of development. 6929 (1) Development pursuant to a shoreline substantial development permit, shoreline variance, or 6930 conditional use shall not begin and shall not be authorized until 21 days after the “date of filing” or until 6931 all review proceedings before the Shoreline Hearings Board have terminated. 6932 (2) Date of Filing. “Date of filing” of a substantial development permit is the date of actual receipt of the 6933 decision by the Department of Ecology. The “date of filing” for a shoreline variance or shoreline 6934 conditional use permit shall mean the date the permit decision rendered by the Department of Ecology 6935 is transmitted by the Department of Ecology to the county and the applicant/proponent. [Ord. 7-13 Exh. 6936 A (Art. X § 17)] 6937 18.25.770 Permit revisions. 6938 (1) A permit revision is required whenever the applicant/proponent proposes substantive changes to the 6939 design, terms or conditions of a project from that which is approved in the permit. Changes are 6940 substantive if they materially alter the project in a manner that relates to its conformance to the terms 6941 and conditions of the permit, this program or the Act. Changes that are not substantive in effect do not 6942 require a permit revision. 6943 (2) An application for a revision to a shoreline permit shall be submitted to the administrator. The 6944 application shall include detailed plans and text describing the proposed changes. The county decision 6945 maker that approved the original permit may approve the request upon a finding that the proposed 6946 changes are within the scope and intent of the original permit, and are consistent with this program and 6947 the Act. 6948 (3) “Within the scope and intent of the original permit” means all of the following: 6949 (a) No additional overwater construction is involved except that a pier, dock or floating structure 6950 may be increased by 10 percent over that approved under the original permit; 6951 (b) Ground area coverage and/or height may be increased a maximum of 10 percent over that 6952 approved under the original permit; provided, that the revised permit does not authorize 6953 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 216/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. development to exceed the height, lot coverage, setback or any other requirements of this program 6954 except as authorized under a variance granted for the original development; 6955 (c) Additional or revised landscaping is consistent with any conditions attached to the original 6956 permit and with this program; 6957 (d) The use authorized pursuant to the original permit is not changed; and 6958 (e) The revision will not cause adverse environmental impacts beyond those originally authorized in 6959 the permit. 6960 (4) Revisions to shoreline permits may be authorized after the original permit authorization has expired. 6961 Revisions made after the expiration of the original permit shall be limited to changes that are consistent 6962 with this program and that would not require a permit under this program. If the proposed change is a 6963 substantial development as defined by this program, then a new permit is required. The provisions of 6964 this paragraph shall not be used to extend the time requirements or to authorize substantial 6965 development beyond the time limits or scope of the original permit. 6966 (5) A new permit shall be required if the proposed revision and any previously approved revisions in 6967 combination would constitute development beyond the scope and intent of the original permit. 6968 (6) Upon approval of a permit revision, the decision maker shall file with the Department of Ecology a 6969 copy of the revised site plan and a detailed description of the authorized changes to the original permit 6970 together with a final ruling and findings supporting the decision based on the requirements of this 6971 section. In addition, the decision maker shall notify parties of record of the action. 6972 (a) If the proposed revision is to a development for which a shoreline conditional use or variance 6973 was issued, the decision maker shall submit the revision to the Department of Ecology for approval 6974 with conditions or denial, and shall indicate that the revision is being submitted under the 6975 requirements of this paragraph. Under the requirements of WAC 173-27-110(6), the Department of 6976 Ecology shall render and transmit to the decision maker and the applicant/proponent its final 6977 decision within 15 days of the date of the Department of Ecology’s receipt of the submittal from the 6978 decision maker. The decision maker shall notify parties on record of the Department of Ecology’s 6979 final decision. Appeals of a decision of the Department of Ecology shall be filed in accordance with 6980 the provisions of WAC 173-27-110(8). [Ord. 7-13 Exh. A (Art. X § 18)] 6981 18.25.780 Rescission and modification. 6982 (1) Any shoreline permit granted pursuant to this program may be rescinded or modified upon a finding 6983 by the hearing examiner that the permittee or his/her successors in interest have not complied with 6984 conditions attached thereto. A specific monitoring plan may be required as a condition of a permit with 6985 specific reporting requirements. If the monitoring plan is not implemented, the permittee may be found 6986 to be noncompliant. The results of a monitoring plan may show a development to be out of compliance 6987 with specific performance standards, which may be the basis for findings of noncompliance. 6988 (2) The administrator shall initiate rescission or modification proceedings by serving written notice of 6989 noncompliance to the permittee or his/her successors and notifying parties of record at the original 6990 address provided in application review files. 6991 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 217/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (3) The hearing examiner shall hold a public hearing no sooner than 15 days following such service of 6992 notice, unless the applicant/proponent files notice of intent to comply and the administrator grants a 6993 specific schedule for compliance. If compliance is not achieved, the administrator shall schedule a public 6994 hearing before the hearing examiner. Upon considering written and oral testimony taken at the hearing, 6995 the hearing examiner shall make a decision in accordance with the above procedure for shoreline 6996 permits. 6997 (4) These provisions do not limit the administrator, the prosecuting attorney, the Department of Ecology 6998 or the Attorney General from administrative, civil, injunctive, declaratory or other remedies provided by 6999 law, or from abatement or other remedies. [Ord. 7-13 Exh. A (Art. X § 19)] 7000 18.25.790 Violations and penalties. 7001 (1) In addition to incurring civil liability under JCC 18.50.110 and RCW 90.58.210, pursuant to RCW 7002 90.58.220, any person found to have willfully engaged in activities on shorelines of the state in violation 7003 of the provisions of the Act or of this program, or other regulations adopted pursuant thereto, shall be 7004 punished by: 7005 (a) A fine of not less than $25.00 or more than $1,000; 7006 (b) Imprisonment in the county jail for not more than 90 days; or 7007 (c) Both such fine and imprisonment; provided, that the fine for the third and all subsequent 7008 violations in any five-year period shall not be less than $500.00 nor more than $10,000; provided 7009 further, that fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be 7010 determined under RCW 90.58.560. 7011 (2) Any person who willfully violates any court order or injunction issued pursuant to this program shall 7012 be subject to a fine or imprisonment or both, neither of which shall exceed the maximum fine or 7013 imprisonment stated in RCW 9.92.020 as currently enacted or as may hereafter be amended. [Ord. 7-13 7014 Exh. A (Art. X § 20)] 7015 18.25.800 Remedies. 7016 (1) The Jefferson County prosecuting attorney, or administrator, where authorized, shall bring such 7017 injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the 7018 shorelines of the state located within Jefferson County in conflict with the provisions of this program, 7019 the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this 7020 program. 7021 (2) Any person subject to the regulatory provisions of this program or the Act who violates any provision 7022 thereof, or permit or permit condition issued pursuant thereto, shall be liable for all damage to public or 7023 private property arising from such violation, including the cost of restoring the affected area to its 7024 conditions prior to violation. The Jefferson County prosecuting attorney shall bring suit for damages 7025 under this section on their own behalf and on the behalf of all persons similarly situated. If liability has 7026 been established for the cost of restoring an area affected by a violation, the court shall make provision 7027 to assure that restoration will be accomplished within a reasonable time at the expense of the violator. 7028 In addition to such relief, including money damages, the court in its discretion may award attorney’s 7029 fees and costs of the suit to the prevailing party. 7030 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 218/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (3) A person who fails to conform to the terms of a substantial development permit, conditional use 7031 permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of 7032 the state without first obtaining a permit, or who fails to comply with a cease and desist order may be 7033 subject to a civil penalty. The penalty shall be imposed pursuant to the procedure set forth in WAC 173-7034 27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons incurring a 7035 penalty may appeal the same to the Shoreline Hearings Board or the BOCC pursuant to WAC 173-27-7036 290(1) and (2). [Ord. 7-13 Exh. A (Art. X § 21)] 7037 18.25.810 Abatement. 7038 Structures or development on shorelines considered by the administrator to present a hazard or other 7039 public nuisance to persons, properties or natural features may be abated by the county under the 7040 applicable provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition or 7041 successor as adopted by Jefferson County, or by other appropriate means. [Ord. 7-13 Exh. A (Art. X § 7042 22)] 7043 18.25.820 Third-party review. 7044 The administrator shall determine when third-party review shall be required. Third-party review 7045 requires any technical studies or inventories provided by the project proponent to be reviewed by an 7046 independent third party, paid for by the project proponent, but hired by the administrator. A qualified 7047 professional shall conduct third-party review. In determining the need for third-party review, the 7048 administrator shall base his/her decision upon, but shall not be limited to, such factors as whether there 7049 has been incomplete submittal of data or apparently inadequate design work, whether the project is 7050 large scale, or whether the development site is complex. [Ord. 7-13 Exh. A (Art. X § 23)] 7051 18.25.830 Inspections. 7052 Whenever it is necessary to make an inspection to enforce any of the provisions of this master program 7053 or whenever the administrator has reasonable cause to believe that there exists in any building, or upon 7054 any premises, any condition that constitutes a violation of this master program, the administrator shall 7055 take any action authorized by law. The Jefferson County prosecuting attorney shall provide assistance to 7056 the administrator in obtaining administrative search warrants or other legal remedies when necessary. 7057 [Ord. 7-13 Exh. A (Art. X § 24)] 7058 18.25.840 Master program review, amendments and appeals. 7059 Pursuant to RCW 90.58.190 and 36.70A.280The County will conduct the SMP periodic review process 7060 consistent with requirements of RCW 90.58.080 and WAC 173-26-090. The County may also consider 7061 SMP revisions as a locally-initiated amendment per WAC 173-26-090. Pursuant to RCW 90.58.190 and 7062 36.70A.290, a decision by the Jefferson County board of county commissioners to amend this master 7063 program shall not constitute a final appealable decision until the Department of Ecology has made a 7064 decision to approve, reject, or modify the proposed amendment. Following the decisionAmendments shall 7065 be effective 14 days from Ecology’s written notice of final action. Following the final action of the 7066 Department of Ecology regarding the proposed amendment, the decision may be appealed to the 7067 Western Washington Growth Management Hearings Board. [Ord. 7-13 Exh. A (Art. X § 25)] 7068 18.25.850 Fees. 7069 Required fees for all shoreline substantial development permits, shoreline conditional use permits, 7070 shoreline variances, statements of exemption, appeals, preapplication conferences and other required 7071 Commented [LG271]: 2010 a periodic checklist; optional amendment. Commented [LG272]: 2017 h Periodic Checklist Commented [LG273]: 2010 a periodic checklist; optional amendment. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 219/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. approvals shall be paid to the county at the time of application in accordance with the Jefferson County 7072 unified fee schedule in effect at that time. [Ord. 7-13 Exh. A (Art. X § 26)] 7073 18.25.860 Transfer of permits. 7074 An approved substantial development permit, conditional use permit or variance permit may be 7075 transferred from the original project proponent to any successor in interest to the project proponent; 7076 provided, that all of the conditions and requirements of the approved permit or variance shall continue 7077 in effect as long as the use or activity is pursued or the structure exists unless the terms of the 7078 substantial development permit, conditional use permit, or variance permit are modified in accordance 7079 with the relevant provisions of this master program. [Ord. 7-13 Exh. A (Art. X § 27)] 7080 Article XI. Official Shoreline MapMapping 7081 18.25.870 Official shoreline map. 7082 The official shoreline map shows the Article IV shoreline environment designations (SEDs) that apply to 7083 each segment of the shoreline planning area under SMP jurisdiction. It does not necessarily identify or 7084 depict the precise lateral extent of shoreline jurisdiction or all associated wetlands. The lateral extent of 7085 the shoreline jurisdiction at the parcel level shall be determined on a case-by-case basis at the time a 7086 shoreline use/development is proposed. The actual extent of shoreline jurisdiction requires a site-7087 specific evaluation to identify the location of the ordinary high water mark and any associated wetlands. 7088 The county shall maintain a Geographic Information Systems database that depicts the coordinates for locating the 7089 upstream extent of shoreline jurisdiction (that is, the location where the mean annual stream flow is at least 20 cubic 7090 feet per second). The database shall also show the limits of the floodplain, floodway, and channel migration zones, 7091 and such information shall be used, along with site-specific information on the location of the ordinary high water 7092 mark and associated wetlands, to determine the lateral extent of shoreline jurisdiction on a parcel-by-parcel basis. 7093 The database shall be updated regularly as new information is made available and the public shall have access to the 7094 database upon request. 7095 Appendix A, attached to the ordinance codified in this chapter, depicts the SEDs in two formats: 7096 As established by JCC 18.25.200(3), the County’s GIS database of stream flow and other key features 7097 (i.e. wetlands, flood, channel migration) informs the extent of shoreline jurisdiction, and may be 7098 updated to ensure the most current accurate data layers are utilized. Any online interactive mapping of 7099 the GIS data serves only as an implementation aid intended to reflect the official maps established 7100 herein. In the event that the GIS database incorporates more current/accurate data, the county may 7101 only change the official maps of this program, as needed, through a formal amendment process. The 7102 official maps of this program depict the SEDs in two formats: 7103 (1) Official Shoreline Map. An overview map showing all of Jefferson County (separate PDF also available 7104 with image sized for large format printing). 7105 (2) A collection of 18 break-out maps at closer range to allow greater details (separate PDF also available 7106 with images sized for 11-inch by 17-inch printing). Western Jefferson County is depicted in a single 7107 break-out map (Map No. 18). Eastern Jefferson County is broken into separate images (Map Nos. 1 7108 through 17) as shown in Appendix A of the ordinance codified in this chapter. [Ord. 7-13 Exh. A (Appx. 7109 A)] 7110 Commented [LG274]: Response to ECY Rec-11 Commented [MM(275]: ECY Change: Rec-11 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 220/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 18.25.880 Maps Illustrating SED Allowance for In-Water Finfish Aquaculture 7111 As established by 18.25.440(3) and summarized in Figure 18.25.440, approximate siting locations for the 7112 SED Allowance for In-Water Finfish Aquaculture are illustrated in the following four maps showing the 7113 areas of Strait of Juan de Fuca, Glen Cove/Port Townsend Bay, Mats Mats/Oak Bay, and Port 7114 Ludlow/Ludlow Bay. [moved from prior section] 7115 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 221/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7116 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 222/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7117 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 223/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7118 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 224/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7119 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 225/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7120 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 226/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7121 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 227/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7122 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 228/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7123 7124 7125 1 Wording from WAC 173-27-060(3). 7126 7127 18.25.890 List of SMP Waterbodies 7128 As established by JCC 18.25.200, this SMP addresses over 700 miles of waterbodies that are 7129 designated as shorelines of the state in Jefferson County, including approximately 250 miles of 7130 marine shoreline ,approximately 22 miles of lakeshore on 14 lakes, and some 500 miles of 7131 creeks, streams, and rivers. As addressed by Article IV and Article V of this program, shorelines 7132 of the state include shorelines and shorelines of statewide significance, and their shorelands. 7133 See Figure 18.25.890 -1 and Figure 18.25.890 -2. The Inventory and Characterization Report 7134 (2008) Section 1.3.2, Map 1C, and Appendix D provide more precise descriptions of location and 7135 upstream extent and may be consulted. In the case of discrepancies or changed conditions, the 7136 site-specific application of state definitions shall prevail over the list and related maps. 7137 Figure 18.25.890 -1. Streams or Rivers 7138 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 Crazy Creek Mount Steel Cream Lake Creek Mount Queets Delabarre Creek Chimney Peak Delabarre Creek, U T Mount Christie Dosewallips River Wellesley Peak Commented [LG276]: 2007 b Periodic Checklist Commented [LG277]: Response to ECY REQ-13 and Rec- 37 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 229/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Stream or River* USGS 7.5 Minute Series Map where Upstream Point is Located 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 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, U T Mount Queets Hoh River, U T Mount Tom Hoh River, U T Owl Mountain Hook Branch Creek Matheny Ridge Howe Creek Bunch Lake 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 230/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Stream or River* USGS 7.5 Minute Series Map where Upstream Point is Located 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 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 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 231/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. Stream or River* USGS 7.5 Minute Series Map where Upstream Point is Located 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 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. 7139 B = Branch; E = East; F = Fork; M = Middle; N = North; P = Prong; S = South; T = Tributary; U = Unnamed; W = West 7140 Figure 18.25.890 -2. Lakes 7141 Lake Name Anderson Beausite Crocker Gibbs Leland Lords Ludlow Peterson Rice Sandy Shore Tarboo Teal Mill Pond Wahl Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 232/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7142 Article XII. Ocean Management 7143 18.25.900 Applicability and Administration 7144 (1) Applicability – The ocean use policies, regulations, and permitting procedures apply as follow: 7145 (a) Ocean Resources Management Act (ORMA; RCW 43.143). Ocean uses and developments 7146 proposed within the ORMA geographical area must be consistent with ocean use policies and 7147 regulations and reviewed using the additional approval criteria of this section. The applicable ORMA 7148 geographical area covers Washington coastal waters of the Pacific Ocean from Cape Flattery south 7149 to Cape Disappointment, from mean high tide seaward two hundred miles. 7150 (i) Geographic Application. The Ocean Management provision of this section apply to Pacific 7151 Ocean shorelines of statewide significance coastal waters and those associated shorelands 7152 located within Jefferson County, except for areas that are under exclusive federal jurisdiction as 7153 established through federal or state statutes including Olympic National Park. 7154 (b) Marine Spatial Plan (MSP). New ocean uses and developments proposed within the MSP study 7155 area must be consistent with the ocean use policies, regulations, and permitting procedures of this 7156 section. The MSP study area covers marine waters of the Pacific Ocean within state waters (from 7157 OHWM out to 3 nautical miles). 7158 (i) The MSP applies to a proposed project only if all three of the following criteria are met: 7159 • occurs within the geographic boundaries of the MSP study area; 7160 • will adversely impact renewable resources or existing ocean uses; and 7161 • is a ‘new use’, as defined by the MSP. 7162 (ii) All new ocean uses proposed within the MSP study area must be consistent with the 7163 protection standards for Important, Sensitive, and Unique areas (ISUs) and Fisheries and 7164 reviewed using the additional process requirements for new ocean use proposals. 7165 (iii) Applicability of ISU protection standards. The state has developed maps of ISUs using the 7166 best available data at the time of the MSP development. These maps are intended to assist 7167 applicants in identifying where ISUs exist. As finer resolution or updated data becomes available, 7168 the state may update the ISU maps, which may include adding, deleting or updating the 7169 distribution of an ISU. However, ISU protection standards will apply to any ISU, wherever it is 7170 identified in state waters. It is the responsibility of applicants to verify whether ISUs exist in their 7171 proposed new ocean use project area and to demonstrate protection standards will be met. 7172 7173 (2) Ocean use administration. Additional ORMA approval criteria for ocean uses and developments. 7174 In addition to the otherwise required shoreline substantial development, conditional use, or 7175 variance approval criteria, newly proposed ocean uses or development shall meet or exceed this 7176 additional approval criteria: 7177 (a) There is a demonstrated significant local, state, or national need for the proposed use or 7178 activity; 7179 (b) There is no reasonable alternative to meet the public need for the proposed use or 7180 activity; 7181 (c) There will be no likely long-term significant adverse impacts to coastal or marine 7182 resources or uses; 7183 Commented [LG278]: Respond to October 2020 Ecology Checklist addressing 2018 Marine Spatial Plan Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 233/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (d) All reasonable steps are taken to avoid and minimize adverse environmental impacts, 7184 with special protection provided for the marine life and resources of the Olympic National 7185 Park; 7186 (e) All reasonable steps are taken to avoid and minimize adverse social and economic 7187 impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and 7188 recreational, commercial, and tribal fishing; 7189 (f) Compensation is provided to mitigate adverse impacts to coastal resources or uses; 7190 (g) Plans and sufficient performance bonding are provided to ensure that the site will be 7191 rehabilitated after the use or activity is completed; and 7192 (h) The use or activity complies with all applicable local, state, and federal laws and 7193 regulations. 7194 (3) Additional MSP procedural requirements for new ocean use proposals. In addition to the 7195 otherwise required shoreline substantial development, conditional use, or variance permit 7196 procedural requirement, MSP defined new ocean use proposals shall include the following: 7197 (a) Pre-application Meeting. Prior to submitting any applications for shoreline permits for 7198 new ocean uses or developments the applicant will participate in at least one pre-7199 application meeting which may be consolidated and coordinated with all local, state, and 7200 federal agencies. During the pre-application stage: 7201 (i) The applicant should use the MSP to understand potential use and resource conflicts, 7202 including review of the baseline data, maps, analyses, and management framework. This 7203 information can assist applicants in avoiding and minimizing impacts to resources and 7204 uses through project siting and design. 7205 (ii) The applicant should provide required data and information about the project, and 7206 identify and coordinate with stakeholder groups as well as other governments, including 7207 state, tribal, and federal government entities. 7208 (iii) The applicant should identify state and local policies, procedures, and requirements, 7209 including those referenced in the Marine Spatial Plan. 7210 (b) Inventory – Review adequacy of site-specific inventory and respond to requests for 7211 additional data or studies. 7212 (c) Effects Analysis – Submit an effects evaluation (See Section 4.5 of the MSP) which 7213 includes proposed mitigation measures, and best management practices. 7214 (d) Plans – Submit proposed construction and operation plans, including adequacy of 7215 prevention, monitoring, and response plans. 7216 (e) Coordination – Continue to coordinate with government entities (local, state, tribal, and 7217 federal agencies), stakeholders (representatives from fishing, aquaculture, maritime 7218 commerce, conservation, tourism, recreation), and the Washington Coastal Marine Advisory 7219 Council (WCMAC), and the public in all aspects of project development and review. 7220 7221 18.25.910 Ocean Management Policies 7222 (1) Applicability. These ocean management policies and their implementing regulations will be used 7223 in evaluating ocean uses, developments, and activities proposed in coastal waters subject to ORMA. 7224 These provisions augment the other requirements of this SMP. They are not intended to regulate 7225 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 234/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. recreational uses or currently existing commercial uses involving fishing or other renewable marine 7226 or ocean resources. 7227 (2) These general ocean management policies are applicable to all shoreline permits for newly 7228 proposed ocean uses, their services, distribution, and supply activities and their associated facilities. 7229 (a) Ocean uses and activities that will not adversely impact renewable resources shall be given 7230 priority over those that will. Correspondingly, ocean uses that will have less adverse impacts on 7231 renewable resources shall be given priority over uses that will have greater adverse impacts. 7232 (b) Ocean uses that will have less adverse social and economic impacts on coastal uses and 7233 communities should be given priority over uses and activities that will have more such impacts. 7234 When the adverse impacts are generally equal, the ocean use that has less probable occurrence 7235 of a disaster should be given priority. 7236 (c) The alternatives considered to meet a public need for a proposed use should be 7237 commensurate with the need for the proposed use. For example, if there is a demonstrated 7238 national need for a proposed use, then national alternatives should be considered. 7239 (d) For ocean uses and activities, SEPA shall be applied consistent with WAC 197-11-060 (4)(e) 7240 and 197-11-792 (2)(c). The determination of significant adverse impacts should be consistent 7241 with WAC 197-11-330(3) and 197-11-794. The sequence of actions described in WAC 197-11-768 7242 should be used as an order of preference in evaluating steps to avoid and minimize adverse 7243 impacts. 7244 (e) Impacts on commercial resources, such as the crab fishery, on noncommercial resources, 7245 such as environmentally critical and sensitive habitats, and on coastal uses, such as loss of 7246 equipment or loss of a fishing season, should be considered in determining compensation to 7247 mitigate adverse environmental, social and economic impacts to coastal resources and uses. 7248 (f) Allocation of compensation to mitigate adverse impacts to coastal resources or uses should 7249 be based on the magnitude and/or degree of impact on the resource, jurisdiction and use. 7250 (g) Rehabilitation plans and bonds prepared for ocean uses should address the effects of 7251 planned and unanticipated closures, completion of the activity, reasonably anticipated disasters, 7252 inflation, new technology, and new information about the environmental impacts to ensure that 7253 state of the art technology and methods are used. 7254 (h) Ocean uses and their associated coastal or upland facilities should be located, designed and 7255 operated to prevent, avoid, and minimize adverse impacts on migration routes and habitat 7256 areas of species listed as endangered or threatened, environmentally critical and sensitive 7257 habitats such as breeding, spawning, nursery, foraging areas and wetlands, and areas of high 7258 productivity for marine biota such as upwelling and estuaries. 7259 (i) Ocean uses should be located to avoid adverse impacts on proposed or existing 7260 environmental and scientific preserves and sanctuaries, parks, and designated recreation areas. 7261 (j) Ocean uses and their associated facilities should be located and designed to avoid and 7262 minimize adverse impacts on historic or culturally significant sites in compliance with chapter 7263 27.34 RCW. Permits in general should contain special provisions that require permittees to 7264 comply with chapter 27.53 RCW if any archaeological sites or archaeological objects such as 7265 artifacts and shipwrecks are discovered. 7266 (k) Ocean uses and their distribution, service, and supply vessels and aircraft should be located, 7267 designed, and operated in a manner that minimizes adverse impacts on fishing grounds, aquatic 7268 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 235/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. lands, or other renewable resource ocean use areas during the established, traditional, and 7269 recognized times they are used or when the resource could be adversely impacted. 7270 (l) Ocean use service, supply, and distribution vessels and aircraft should be routed to avoid 7271 environmentally critical and sensitive habitats such as sea stacks and wetlands, preserves, 7272 sanctuaries, bird colonies, and migration routes, during critical times those areas or species 7273 could be affected. 7274 (m) In locating and designing associated onshore facilities, special attention should be given to 7275 the environment, the characteristics of the use, and the impact of a probable disaster, in order 7276 to assure adjacent uses, habitats, and communities’ adequate protection from explosions, spills, 7277 and other disasters. 7278 (n) Ocean uses and their associated facilities should be located and designed to minimize 7279 impacts on existing water dependent businesses and existing land transportation routes to the 7280 maximum extent feasible. 7281 (o) Onshore facilities associated with ocean uses should be located in communities where there 7282 is adequate sewer, water, power, and streets. Within those communities, if space is available at 7283 existing marine terminals, the onshore facilities should be located there. 7284 (p) Attention should be given to the scheduling and method of constructing ocean use facilities 7285 and the location of temporary construction facilities to minimize impacts on tourism, recreation, 7286 commercial fishing, local communities, and the environment. 7287 (q) Special attention should be given to the effect that ocean use facilities will have on 7288 recreational activities and experiences such as public access, aesthetics, and views. 7289 (r) Detrimental effects on air and water quality, tourism, recreation, fishing, aquaculture, 7290 navigation, transportation, public infrastructure, public services, and community culture should 7291 be considered in avoiding and minimizing adverse social and economic impacts. 7292 (s) Special attention should be given to designs and methods that prevent, avoid, and minimize 7293 adverse impacts such as noise, light, temperature changes, turbidity, water pollution and 7294 contaminated sediments on the marine, estuarine or upland environment. Such attention 7295 should be given particularly during critical migration periods and life stages of marine species 7296 and critical oceanographic processes. 7297 (t) Pre-project environmental baseline inventories and assessments and monitoring of ocean 7298 uses should be required when little is known about the effects on marine and estuarine 7299 ecosystems, renewable resource uses and coastal communities or the technology involved is 7300 likely to change. 7301 (u) Oil or gas exploration, development, or production should be prohibited from Cape Flattery 7302 south to Cape Disappointment. 7303 (3) The state’s Marine Spatial Plan (MSP) provides a base of scientific information on ocean uses and 7304 resources, provides a framework for evaluating new ocean use proposals, and establishes 7305 protections for sensitive areas and fisheries. As such, the state’s MSP informed the ocean 7306 management provisions of this SMP and should be utilized in their implementation. 7307 18.25.920 Ocean Management Regulations. 7308 The following ORMA ocean management regulations apply to all shoreline permits for newly proposed 7309 ocean uses, their services, distribution, and supply activities and their associated facilities: 7310 (1) Oil and gas exploration, development, and production is prohibited in tidal or submerged lands 7311 extending from the mean high tide seaward three miles. 7312 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 236/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (2) Seafloor mining may be allowed consistent with all of the following: 7313 (a) The applicant has demonstrated that the location and operation has been designed in a 7314 manner that has no detrimental effects on ground fishing, renewable resource uses, beach 7315 erosion and accretion processes; and 7316 (b) The applicant has provided for mitigation of impacts that accounts for the established 7317 habitat recovery rates. 7318 (3) Ocean energy producing uses should only be allowed when the applicant has demonstrated the 7319 following: 7320 (a) The location, construction, and operation has been designed in a manner that has no 7321 detrimental effects on beach erosion, accretion, and wave processes; 7322 (b) The effect of the project on upwelling and other oceanographic and ecosystem processes 7323 have been assessed; and 7324 (c) Associated energy distribution facilities and lines are located in existing utility rights of way 7325 and corridors, whenever feasible. 7326 (4) Ocean disposal uses may be allowed when the applicant has demonstrated the following: 7327 (a) Storage, loading, transporting, and disposal of materials shall be done in conformance with 7328 local, state, and federal requirements for protection of the environment; 7329 (b) The ocean disposal site has been approved by the Washington Department of Ecology, the 7330 Washington Department of Natural Resources, the United States Environmental Protection 7331 Agency, and the United States Army Corps of Engineers, as appropriate. Ocean disposal sites for 7332 which the primary purpose is habitat enhancement may be located in a wider variety of 7333 locations; 7334 (c) The Ocean disposal site has been located and designed to prevent, avoid, and minimize 7335 adverse impacts on environmentally critical and sensitive habitats, coastal resources and uses, 7336 or loss of opportunities for mineral resource development; and 7337 (d) Ocean disposal should be sited in areas where the dredge material will provide beneficial use 7338 to the greatest extent possible. 7339 (5) Ocean transportation uses may be allowed consistent with the following: 7340 (a) The applicant has provided an assessment of the impacts the proposed transportation use will 7341 have on renewable resource activities such as fishing and on environmentally critical and 7342 sensitive habitat areas, environmental and scientific preserves and sanctuaries. 7343 (b) When feasible, hazardous materials such as oil, gas, explosives and chemicals, should not be 7344 transported through highly productive commercial, tribal, or recreational fishing areas. If no such 7345 feasible route exists, the routes used should pose the least environmental risk. 7346 (c) Transportation uses should be located or routed to avoid habitat areas of endangered or 7347 threatened species, environmentally critical and sensitive habitats, migration routes of marine 7348 species and birds, marine sanctuaries and environmental or scientific preserves to the maximum 7349 extent feasible. 7350 (6) Ocean research uses may be allowed consistent with the following: 7351 (a) Other ocean uses occurring in the same area have been identified and potential use conflicts 7352 have been minimized. 7353 (b) Ocean research meeting the definition of "exploration activity" of WAC 173-15-020 shall 7354 comply with the requirements of WAC 173-15: Permits for oil or natural gas exploration activities 7355 conducted from state marine waters. 7356 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 237/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (c) The project has been located and will be operated in a manner that minimizes intrusion into or 7357 disturbance of the coastal waters environment consistent with the purposes of the research and 7358 the intent of the general ocean use guidelines. 7359 (d) Upon completion or discontinuance of the ocean research the site shall be restored to its 7360 original condition to the maximum extent feasible, consistent with the purposes of the research. 7361 (e) Ocean research findings should be made available for public dissemination, whenever feasible. 7362 (7) Ocean salvage uses may be allowed consistent with the following: 7363 (a) Nonemergency marine salvage and historic shipwreck salvage activities should be conducted in 7364 a manner that minimizes adverse impacts to the coastal waters environment and renewable 7365 resource uses such as fishing. 7366 (b) Nonemergency marine salvage and historic shipwreck salvage activities should not be 7367 conducted in areas of cultural or historic significance unless part of a scientific effort sanctioned 7368 by appropriate governmental agencies. 7369 7370 18.25.930 Additional Standards for New Ocean Uses. 7371 7372 (1) Important, Sensitive, and Unique Areas (ISUs) Designation. The ISUs assign protection standards and 7373 definitions for adverse effects for a list of ecological, historic, cultural, and infrastructure areas. The MSP 7374 provides maps utilizing the best available data on ISU locations. 7375 (a) Ecological ISUs 7376 (i) Biogenic Habitats: Aquatic vegetation, corals, and sponges 7377 Rocky Reefs 7378 (ii) Seabird colonies: islands and rocks used for foraging and nesting by seabirds. 7379 (iii) Pinniped haul-outs 7380 (iv) Forage fish spawning areas: intertidal areas used for spawning by herring, smelt or other 7381 forage fish. 7382 (b) Historic, Cultural and Infrastructure ISUs 7383 (i) Historic and archaeological sites: Structures or sites over 45 years old that are listed or eligible 7384 for listing in local, state or national preservation registers (e.g. shipwrecks or lighthouses); or 7385 Artifacts or other material evidence of tribal or historic use or occupation (e.g. burials, village sites, 7386 or middens). 7387 (ii) Buoys and submarine cables: Fixed infrastructure such as navigation or monitoring buoys, fiber 7388 optic cables, electrical transmission cables, other fixed monitoring equipment in the marine 7389 environment (e.g. hydrophones) and any associated mooring lines, anchors or other equipment. 7390 (c) ISU Mapping and Location. The state has developed maps of ISUs intended to assist applicants in 7391 identifying where ISUs exist.5 However, ISU protection standards will apply to any ISU, wherever it is 7392 identified in state waters. It is the responsibility of applicants to verify whether ISUs exist in their 7393 proposed project area and to demonstrate protection standards will be met. 7394 (2) ISU Protection Standards. New ocean uses should only be allowed when the applicant can 7395 demonstrate consistency with the following ISU adverse effects and protection standards: 7396 5 See: https://www.msp.wa.gov/important-sensitive-and-unique-areas-isus/. Commented [LG279]: Response to ECY Rec-38 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 238/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (a) An applicant for proposed new ocean uses involving offshore development must demonstrate 7397 that the project will have no adverse effects on an ISU located at the project site and to off-site 7398 ISUs potentially affected by the project, using site-specific surveys, scientific data and analysis, 7399 which demonstrate either: 7400 (i) The current ISU maps do not accurately characterize the resource or use or the project area 7401 (mapped or not mapped) does not contain an ISU resource or use; or 7402 (ii) The weight of scientific evidence clearly indicates that the project will cause no adverse 7403 effects to the resources of the ISU. 7404 (A) Adverse effects standards for Ecological ISUs means degradation of ecosystem function 7405 and integrity (direct habitat damage, burial of habitat, habitat erosion, and reduction in 7406 biological diversity) or degradation of living marine organisms (abundance, individual 7407 growth, density, species diversity, and species behavior). 7408 (B) Adverse effects standards for historic, cultural or fixed infrastructure ISUs include the 7409 following: 7410 • Direct impacts from dredging, dumping, or filling; 7411 • Alteration, destruction or defacement of historic, archaeological or cultural 7412 artifacts; and 7413 • Direct impacts from placement or maintenance of new, temporary or permanent 7414 structures in areas with existing infrastructure or historic, archaeological or cultural 7415 artifacts. 7416 (b) Additional buffers may be appropriate to protect ISU resources from adverse effects. Project 7417 developers shall consult with the Washington Department of Fish and Wildlife on recommended 7418 buffers for Ecological ISUs associated with their proposed project prior to filing application 7419 materials with local or state agencies. Project developers shall consult with the Washington 7420 Department of Archaeological and Historical Preservation and tribal preservation officers on 7421 further identification and protection of cultural or historical artifacts. 7422 (3) Applicants for proposed new ocean uses involving offshore development must consult with WDFW, 7423 individuals participating in affected commercial and recreational fisheries, and each of the coastal tribes 7424 to identify and understand the proposed project’s potential adverse effects to fisheries and tribal uses. 7425 (4) Fisheries Protection standards. New ocean uses involving offshore development shall only be 7426 allowed when the applicant can demonstrate that their project meets all of the following standards to 7427 protect fisheries located at the project site and nearby from adverse effects: 7428 (a) There are no likely long-term significant adverse effects for commercial or recreational fisheries. 7429 Adverse effects can be direct, indirect or cumulative. 7430 (i) A significant reduction in the access of commercial or recreational fisheries to the resource 7431 used by any fishery or a fishing community(s); 7432 (ii) A significant increase in the risk to entangle fishing gear; 7433 (iii) A significant reduction in navigation safety for commercial and recreational fisheries; and 7434 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 239/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. (iv) Environmental harm that significantly reduces quality or quantity of marine resources 7435 available for harvest. 7436 (b) All reasonable steps are taken to avoid and minimize social and economic impacts to fishing. 7437 (i) Avoid adverse social and economic impacts to fishing through proposed project location, 7438 design, construction, and operation, such as avoiding heavily used fishing areas. Where 7439 adverse impacts to fishing cannot be reasonably avoided, demonstrate how project has 7440 minimized impacts; 7441 (ii) Minimize the number of and size of anchors. Space structures for greater compatibility 7442 with existing uses and bury cables in the seafloor and through the shoreline; 7443 Minimize risk of entangling fishing gear from new structures installed in the seafloor or placed 7444 in the water. Minimize the displacement of fishers from traditional fishing areas, and the 7445 related impact on the travel distance, routing, and navigation safety in order to fish in 7446 alternative areas; 7447 (iii) Minimize the compression of fishing effort caused by the reduction in the areas normally 7448 accessible to fishers; 7449 (iv) Minimize the economic impact resulting from the reduction in area available for 7450 commercial and recreational fishing for the effected sectors and ports. 7451 (v) Limit the number and size of projects located in an area to minimize the impact on a 7452 particular port, sector, or fishery; 7453 (vi) Consider the distribution of projects and their cumulative effects; and 7454 (vii) Other reasonable and relevant considerations as determined by the fisheries consultation 7455 process and specifics of the proposed project. 7456 7457 7458 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 240/240 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. Shading in Comment Flags: 1) Yellow in response to public comments within Planning Commission Recommendations October 2021. Preliminary response to Ecology Initial Comments 9/22: Green – BERK typically Upland Topics and Blue – Shannon & Wilson typically Aquatic Topics. Progress Draft 6/22/23: Consultant edits folding in Ecology recommendation and required changes to the Planning Commission Recommendation Draft, except for selected topics still in review. 7459