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HomeMy WebLinkAbout2023 11 01 Clean Draft SMP - PC RecommendationJefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 1/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 2/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 3/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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. Shoreline Mapping 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 (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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 4/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (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 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 5/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (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 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. 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 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 6/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 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 to this 227 program, as described in detail at JCC 18.25.270. 228 18.25.070 Relationship to other plans and regulations. 229 (1) Uses and developments regulated by this program may also be subject to other provisions of the JCC, 230 the Jefferson County Comprehensive Plan, the Washington State Environmental Policy Act (Chapter 231 43.21C RCW and Chapter 197-11 WAC), and other local, state and federal laws. 232 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 7/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (2) Project proponents are responsible for complying with all applicable laws prior to commencing any 233 use, development or activity. 234 (3) Where this program makes reference to any RCW, WAC, or other state or federal law or regulation, 235 the most recent amendment or current edition shall apply. 236 (4) In the event this program conflicts with other applicable county policies or regulations, all regulations 237 shall apply and unless otherwise stated, the more restrictive provisions shall prevail. [Ord. 7-13 Exh. A 238 (Art. I § 7)] 239 18.25.080 Liberal construction. 240 This program is exempt from the rule of strict construction; therefore this program shall be liberally 241 construed to give full effect to its goals, policies and regulations. Liberal construction means that the 242 interpretation of this document shall not only be based on the actual words and phrases used in it, but 243 also by taking its deemed or stated purpose into account. Liberal construction means an interpretation 244 that tends to effectuate the spirit and purpose of the writing. For purposes of this program, liberal 245 construction means that the administrator shall interpret the regulatory language of this program in 246 relation to the broad policy statement of RCW 90.58.020, and make determinations which are in 247 keeping with those policies as enacted by the Washington State Legislature. [Ord. 7-13 Exh. A (Art. I § 8)] 248 18.25.090 Severability. 249 If any section or provision of this program is declared invalid it shall not affect the validity of this 250 program as a whole. [Ord. 7-13 Exh. A (Art. I § 9)] 251 Article II. Definitions 252 18.25.100 Definitions. 253 These SMP definitions are derived from multiple sources. Definitions denoted with (*) are from this title. 254 Definitions denoted with (**) are from Chapter 173-26 WAC. Definitions denoted with (***) are from 255 Chapter 90.58 RCW. Definitions denoted with (****) are from the previously adopted county SMP (this 256 chapter) and/or the proposed but not adopted 2000 Draft SMP. Definitions with no asterisk are derived 257 from other sources or represent the best professional judgment of the authors. 258 (1) A Definitions. 259 (a) *“Abandon” means to terminate the use of a structure by an affirmative act such as changing to 260 a new use; or to cease, terminate, or vacate a use or structure through nonaction. Except for 261 ongoing agricultural activities, there shall be a presumption that a use has been abandoned if it is 262 not undertaken, utilized, implemented or performed for a period of two years from the date of 263 cessation/termination or vacation. 264 (b) *“Abutting” means adjoining with a common boundary line or any portion thereof. 265 (c) *“Accessory dwelling unit” means an additional dwelling unit either in or added to an existing 266 single-family detached dwelling, or in a separate accessory structure on the same lot as the main 267 structure, for use as a complete, independent living facility with provisions within the accessory 268 dwelling unit for cooking, eating, sanitation and sleeping. Such a dwelling shall be considered an 269 accessory use to the main dwelling and be clearly subordinate to the main dwelling. 270 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 8/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (d) “Accessory structure” means any detached structure that is optional, incidental and subordinate 271 to a primary use and located on the same lot as the primary use. Boathouses, barns, storage sheds, 272 workshops, gazebos, docks, piers, floats, buoys, beach access structures and other similar structures 273 are examples that are typically accessory to a primary use. 274 (e) *“Accessory use” means use of land or of a building or portion thereof incidental and 275 subordinate to the principal use and located on the same lot with the principal use. Private 276 moorage and other recreational uses are examples of uses that are accessory to residential 277 development. 278 (f) ****“Accretion” means the slow addition of land by the deposition of water-borne sediment 279 through the net effect of wave action and longshore drift. 280 (g) **“Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) as amended. 281 (h) *“Adequate” means acceptable but not excessive. 282 (i) *“Adjacent” means (in addition to abutting) that which is near or close; for example, an industrial 283 district across the road or highway from a commercial district shall be considered as adjacent. 284 (j) *“Adjacent lands, shoreline” means lands adjacent to the shorelines of the state (outside of 285 shoreline jurisdiction). See RCW 90.58.340. 286 (k) *“Administrator” means the Jefferson County department of community development director 287 or a designated representative. 288 (l) *“Adverse impact or effect” means the result of a condition that creates, imposes, aggravates, or 289 leads to inadequate, impractical, unsafe, or unhealthy conditions or reduces ecological functions or 290 values. 291 (m) ****“Advertising” means publicly displayed messages or signs, billboards, placards, or buildings 292 that direct attention to promotion of a business, service, or product. 293 (n) *“Aggrieved party” means a party of record who can demonstrate the following: 294 (i) The land use decision will prejudice the person; 295 (ii) The asserted interests are among those the county is required by county code, federal or 296 state law or regulation to consider in making a land use decision; and 297 (iii) A decision on appeal in favor of the person would substantially eliminate or redress the 298 prejudice alleged to be caused by the land use decision. 299 (o) **“Agricultural activities” means agricultural uses and practices including, but not limited to: 300 producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; 301 allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left 302 unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse 303 agricultural market conditions; allowing land used for agricultural activities to lie dormant because 304 the land is enrolled in a local, state, or federal conservation program, or the land is subject to a 305 conservation easement; conducting agricultural operations; maintaining, repairing, and replacing 306 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 9/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that 307 the replacement facility is no closer to the shoreline than the original facility; and maintaining 308 agricultural lands under production or cultivation. 309 (p) **“Agricultural land” means those specific land areas on which agriculture activities are 310 conducted as of the date of adoption of this master program pursuant to the state guidelines 311 (Chapter 173-26 WAC) as evidenced by aerial photography or other documentation. After the 312 effective date of the master program, land converted to agricultural use is subject to compliance 313 with the requirements of the master program. 314 (q) *“Agriculture, existing and ongoing” means any agricultural activity conducted on an ongoing 315 basis on lands enrolled in the open space tax program for agriculture or designated as agricultural 316 lands of long-term commercial significance on the official map of Comprehensive Plan land use 317 designations; provided, that agricultural activities were conducted on those lands at any time during 318 the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is 319 conducted is converted to a nonagricultural use. 320 (r) *“Agriculture, new” means agricultural activities proposed or conducted after April 28, 2003, and 321 that do not meet the definition of existing ongoing agriculture. 322 (s) *“Allowed use” means uses allowed subject to the provisions of this program, including meeting 323 applicable performance and development standards; if a shoreline permit, building permit or other 324 development permit (e.g., stormwater permit) is required, the use is subject to the project review 325 and approval process. 326 (t) “Alteration” means any human induced change in an existing condition of a shoreline and/or its 327 buffer. Alterations include but are not limited to grading; filling; channelizing; dredging; clearing 328 (vegetation); draining; constructing structures; compaction, excavation, or any other activity that 329 changes the character of a site. 330 (u) *“Alteration, nonconforming structures” means any change or rearrangement in the supporting 331 members of existing buildings, such as bearing walls, columns, beams, girders, or interior partitions, 332 as well as any changes in doors, windows, means of egress or ingress or any enlargement to or 333 diminution of a building or structure, horizontally or vertically, or the moving of a building from one 334 location to another. This definition excludes normal repair and maintenance, such as painting or 335 roof replacement, but includes more substantial changes. 336 (v) *“Alteration, nonconforming use” means the expansion, modification or intensification of a use 337 that does not conform to the land use regulations of this program. 338 (w) “Anadromous fish” means fish species that spend part of their lifecycle in saltwater, but return 339 to freshwater to reproduce. 340 (x) *“Appeal” means a request by an applicant or citizen that a decision made pursuant to this 341 program be reviewed for its correctness and legality by another person, agency or court of law 342 having jurisdiction to hear such an appeal. 343 (y) *“Applicant” means the owner or owners of record of the property subject to a project permit 344 application under this program, or authorized representative thereof. 345 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 10/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (z) *“Application” means the forms, plans and accompanying documents required for any project 346 permit approval under this code. 347 (aa) “Appurtenance, normal” means a structure or use that is necessarily connected to the use and 348 enjoyment of a single-family residence and is located landward of the ordinary high water mark and 349 the perimeter of a wetland. Normal appurtenances include a garage, attached deck, utilities, 350 installation of a septic tank and drainfield, as well as a driveway, front walk between the driveway 351 and the home’s main entry, fences, and grading which does not exceed 250 cubic yards and which 352 does not involve placement of fill in any wetland or waterward of the ordinary high water mark. 353 (bb) “Aquaculture” means the farming or culture of food fish, shellfish, or other aquatic plants or 354 animals in freshwater or saltwater, and may include development such as structures, as well as use 355 of natural spawning and rearing areas. Aquaculture does not include the harvest of wildstock 356 geoduck on state-owned lands. Wildstock geoduck harvest is a fishery. 357 (cc) *“Aquaculture activity” means actions directly pertaining to growing, handling, or harvesting of 358 aquaculture produce. Examples include, but are not limited to, propagation, tank farms, hatcheries, 359 incubators/nurseries, stocking, feeding, disease treatment, depuration facilities, waste disposal, 360 water use, development of habitat and structures, sorting, wet storage, and staging. Excluded from 361 this definition are related commercial or industrial uses such as wholesale and retail sales, final 362 processing and freezing. 363 (dd) *“Aquaculture facility or farm” means any facility or tract of land used to culture aquatic 364 products. Each geographically separate facility or tract of land used for aquaculture shall constitute 365 a separate facility/farm; provided, that adjoining farms/facilities with separate operators shall be 366 considered separate facilities/farms. 367 (ee) *“Archaeological” means having to do with the scientific study of material remains of past 368 human life and activities. 369 (ff) “Archaeological resource/site” means a geographic locality including, but not limited to, 370 submerged and submersible lands and the bed of the sea that contains physical evidence of an 371 indigenous and subsequent culture including material remains of past human life, monuments, 372 symbols, tools, facilities, graves, skeletal remains and technological byproducts: 373 (i) That are associated with events that have made a significant contribution to the broad 374 patterns of our history; or 375 (ii) That are associated with the lives of significant persons in our past; or 376 (iii) That embody the distinctive characteristics of a type, period or method of construction, or 377 that represent the work of a master, or that possess high artistic values, or that represent a 378 significant and distinguishable entity whose components may lack individual distinction; or 379 (iv) That have yielded or may be likely to yield, information important in history or prehistory. 380 (gg) “Archaeologist” is a person listed on the Washington State Department of Archaeology and 381 Historical Preservation list of qualified archaeologists. 382 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 11/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (hh) “Associated wetlands” means wetlands that are in proximity to tidal waters, lakes, rivers or 383 streams that are subject to the Shoreline Management Act and either influence or are influenced by 384 such waters. Factors used to determine proximity and influence include but are not limited to: 385 location contiguous to a shoreline waterbody, formation by tidally influenced geohydraulic 386 processes, presence of a surface connection including through a culvert or tide gate, location in part 387 or whole within the 100-year floodplain of a shoreline, periodic inundation, and/or hydraulic 388 continuity. 389 (ii) *“Average grade level” means the average of the natural or existing topography of the portion of 390 the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or 391 structure as measured by averaging the elevations at the center of all exterior walls of the proposed 392 structure. In the case of structures to be built over the water, the average grade level shall be the 393 elevation of the ordinary high water. 394 (2) B Definitions. 395 (a) *“Backshore” means the area landward of the high tide line wetted by storm tides but normally 396 dry. It may be a narrow gravel berm below a sea bluff or a broader complex of berms, marshes, 397 meadows, or dunes. 398 (b) *“Barrier beach” means an accretion shore form of sand and gravel that has been deposited by 399 longshore drift in front of bluffs, bays, marshes, or estuaries, and functions like a storm barrier. 400 (c) *“Bar” means a marine or river shore form similar to a spit or a hook, though generally not 401 attached to the mainland during periods of high water. 402 (d) *“Beach” means the zone of unconsolidated material that is moved by waves, wind and tidal 403 currents. 404 (e) “Beach access structure” means a structural pathway/walkway for purposes of providing 405 pedestrian access to a beach or shoreline area, not for motorized vehicle access. It often includes a 406 stairway, tram, stair tower, platform and/or elevated walkway anchored to the ground surface by 407 structural means. 408 (f) *“Beach restoration and enhancement” means the alteration of terrestrial and tidal shorelines or 409 submerged shorelines for the purposes of stabilization, recreational enhancement, or aquatic 410 habitat creation or restoration. The materials used depend upon the intended use. For instance, to 411 create a beach for recreational purposes, various grades of clean sand or pea gravel are often used. 412 To restore or recreate a shore feature or an underwater aquatic environment (e.g., a reef), a 413 combination of a rock matrix and sand or other materials may be used. To restore riparian habitat 414 functions, native vegetation may be used. 415 (g) *“Base flood” means the flood having a one percent chance of being equaled or exceeded in any 416 given year; also known as the 100-year flood, as shown on the FIRM maps. 417 (h) *“Base flood elevation” means the elevation for which there is a one percent chance in any 418 given year that flood levels will equal or exceed it. 419 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 12/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) “Beds of navigable waters” or “bedlands” means those lands lying waterward of and below the 420 line of navigability on rivers and lakes not subject to tidal flow, or extreme low tide mark in 421 navigable tidal waters, or the outer harbor line where harbor area has been created (RCW 422 79.105.060(2)). 423 (j) “Bedrock” means a general term for rock, typically hard, consolidated geologic material that 424 underlies soil or other unconsolidated, superficial material or is exposed at the surface. 425 (k) “Berm” or “protective berm” means one or several accreted linear mounds of sand and gravel 426 generally paralleling the shore at or landward of OHWM; berms are normally stable because of 427 material size or vegetation, and are naturally formed by net-shore drift. Also, a linear mound used 428 to screen an adjacent activity (e.g., a parking lot) from transmitting excess noise and glare. 429 (l) *“Best management practices (BMPs)” means systems of practices, schedules of activities, 430 prohibitions, maintenance procedures, and management measures that prevent or minimize 431 adverse impacts to the environment. 432 (m) ****“Bioengineering” or “biostabilization” means the practice of using natural vegetative 433 materials to stabilize shorelines and prevent erosion. This may include use of bundles of stems, root 434 systems, or other living plant material, soft gabions, fabric or other soil stabilization techniques, and 435 limited rock toe protection where appropriate. Bioengineering projects often include habitat 436 enhancement measures (e.g., anchored logs, root wads, etc.). Such techniques may be applied to 437 creeks, rivers, lakes, reservoirs, and marine waters. Bioengineering may also be applied in upland 438 areas away from the immediate shoreline. 439 (n) *“Board (BOCC)” means the board of county commissioners for Jefferson County. Also 440 referenced as board of commissioners or county commissioners. 441 (o) *“Boat building and repair, commercial” means a commercial establishment where boats are 442 constructed, dismantled, stored, serviced, or repaired, including maintenance work thereon. 443 (p) “Boating facilities” means any public or private facility for mooring, accessing, or launching 444 vessels or watercraft established as a primary use or accessory structure. This includes marinas, 445 open water moorage and anchorage areas, boat launch ramps, boat lifts, mooring buoys, piers, 446 floats and docks, or any other similar single-user or shared-use facility for public recreational use, 447 commercial/industrial/port use, or private residential use. For purposes of this program, 448 boathouses, boat repair shops, and other upland boat storage structures are not considered boating 449 facilities. 450 (q) “Boathouse” means an enclosed structure designed and used exclusively for the storage of boats 451 and boating equipment and not used as a dwelling unit. 452 (r) ****“Boat launch” or “boat ramp” means a slab, pad, plank, rail, or graded slope used for 453 launching boats by means of a trailer, hand, or mechanical device. 454 (s) “Boat lift” is an in-water structure used for the dry berthing of vessels above the water level and 455 lowering of vessels into the water periodically. A boat lift as herein defined is used to berth and 456 launch a single vessel, suspended over the water’s surface. A boat lift is generally a manufactured 457 unit without a canopy cover and may be placed in the water adjacent to a dock/pier or as a stand-458 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 13/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations alone structure. A boat lift may be designed either for boats or personal watercraft. A boat lift is to 459 be differentiated from a hoist or crane used for the launching or haul-out of vessels. 460 (t) “Bottom culture” means all aquaculture systems that are set on or securely and rigidly attached 461 to the tidelands or bedlands and do not extend higher than six feet from the bottom (excluding 462 hoists and similar apparatus). Bottom culture includes but is not limited to geoduck tubes, oyster 463 longlines, clam netting, oyster rack and bags, and clam bags. Bottom culture does not include 464 aquaculture suspended from rafts or buoys or contained in floating net pens. 465 (u) ****“Breakwater” means an offshore structure that is generally built parallel to shore that may 466 or may not be connected to land, and may be floating or stationary. Their primary purpose is to 467 protect harbors, moorages and navigation activity from wave and wind action by creating stillwater 468 areas along shore. A secondary purpose is to protect shorelines from wave caused erosion. Most 469 breakwaters in the Pacific Coast are rip-rap mound construction. 470 (v) “Buffer” or “buffer zone, strip, or area” means the area adjacent to a shoreline or critical area 471 that separates and protects the area from adverse impacts associated with adjacent land uses. A 472 buffer is measured horizontally and perpendicularly from the ordinary high water mark, and 473 includes the three-dimensional airspace above. 474 (w) “Building” means any structure used or intended for supporting or sheltering any use or 475 occupancy as defined in the International Building Code. 476 (x) *“Building envelope” means: 477 (i) A three-dimensional space in which a building or structure may be built meeting septic 478 requirements; 479 (ii) A plat restriction for the purpose of defining building coverage areas for individual lots, or 480 for describing shoreline building setbacks; 481 (iii) The buildable area of a lot, tract or parcel after applicable setbacks, buffers, easements and 482 other restrictions on the lot, tract or parcel are taken into account. 483 (y) ****“Bulkhead” means a wall usually constructed parallel to the shore at, above, or near, the 484 ordinary high water mark with the primary purpose of containing and preventing the loss of soil 485 caused by erosion or wave action. Bulkheads are usually constructed of rock, poured-in-place 486 concrete, steel or aluminum sheet piling, wood or wood and structural steel combinations. They 487 may be either thin structures penetrating deep into the ground, or more massive structures resting 488 on the surface. 489 (3) C Definitions. 490 (a) *“Campground and camping facilities” means a facility in which sites are offered for persons 491 using tents or other personal, portable overnight shelters. Campgrounds are for short-term stays 492 and do not include trailer parks. 493 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 14/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) “Canopy” means the collective branches and foliage of a single tree or group of trees, aggregate 494 or collective tree crowns. A canopy can be closed or partially closed as in a forest or woodland 495 stand, or composed of both individual trees and closed canopy groups as in an urban forest canopy. 496 (c) “Canopy cover” means the drip line area for an individual tree. For a stand of multiple trees it is 497 the sum of the drip line areas of each tree less any overlap. 498 (d) ****“Channel” means an open water either naturally or artificially created to convey water. 499 (e) *“Channel migration zone (CMZ)” means an area within the lateral extent of likely stream 500 channel movement that is subject to risk due to stream bank destabilization, rapid stream incision, 501 stream bank erosion and shifts in the location of stream channels. 502 “Channel migration zone” includes: 503 (i) The historic channel migration zone (which is the footprint of the active channel 504 documented through historical photographs and maps); and 505 (ii) The avulsion hazard zone (which is an area with the potential for movement of the main 506 river channel into a new location); and 507 (iii) The erosion hazard area (which is an area outside the historic channel migration zone and 508 the avulsion hazard zone, and includes an erosion setback for a 100-year period of time and a 509 geotechnical setback to account for slope retreat to a stable angle of repose). 510 (iv) “High channel migration hazard” (or “high risk CMZ”) for the Big Quilcene, Little Quilcene, 511 Dosewallips, Duckabush, and Lower Hoh Rivers means those nondisconnected portions of the 512 channel that are likely to migrate within a 50-year timeframe. 513 (v) For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers, “moderate channel 514 migration hazard” (or “moderate risk CMZ”) means those nondisconnected portions of the 515 channel that are likely to migrate within a 50- to 100-year timeframe; and “low channel 516 migration hazard” (or “low risk CMZ”) means those nondisconnected portions of the channel 517 that are likely to migrate beyond a 100-year timeframe. 518 (vi) For the Lower Hoh River, “moderately high hazard” (or “moderately high risk CMZ”) means 519 those nondisconnected portions of the channel that are likely to migrate within a 50- to 100-520 year timeframe, “moderate hazard” means those nondisconnected portions of the channel that 521 are likely to migrate beyond a 100-year timeframe, and “low hazard” means the 522 nondisconnected portions of the channel that are less likely to be affected by channel 523 migration, but is still at risk due to its location on the valley floor. 524 “Channel migration zone” does not include disconnected migration areas, which are areas that have 525 been disconnected from the river by legally existing artificial structure(s) that restrain channel 526 migration (such as levees and transportation facilities build above or constructed to remain intact 527 through the 100-year flood elevation), that are no longer available for migration by the river. 528 “Channel migration zone” may exclude areas that lie behind a lawfully established flood protection 529 facility that is likely to be maintained by existing programs for public maintenance consistent with 530 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 15/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations designation and classification criteria specified by public rule. When a natural geologic feature 531 affects channel migration, the channel migration zone width will consider such natural constraints. 532 (f) “Channelization” means the straightening, relocation, deepening or lining of stream channels, 533 including construction of continuous revetments or levees for the purpose of preventing gradual, 534 natural meander progression. 535 (g) “Clearing” means the destruction or removal, by hand or with mechanical means, of vegetative 536 ground cover, shrubs or trees. Clearing may or may not include removing root material or topsoil. 537 (h) “Cluster development” means a development design technique that groups or clusters buildings 538 in specific areas on a site to minimize environmental impacts related to impervious surface, clearing 539 and other impacts. 540 (i) “Commercial fish” means those species of fish that are classified under the Washington 541 Department of Fish and Wildlife Food Fish Classification as commercial fish (WAC 220-12-010). 542 (j) *“Commercial recreational facility” means a place designed and equipped for sports and leisure-543 time activities that is operated as a business and open to the public for a fee. 544 (k) *“Commercial sign” means any object, device, display or structure that is used for attracting 545 attention to any commercial use, product, service, or activity. 546 (l) *“Commercial use” means a business use or activity at a scale greater than a home business or 547 cottage industry involving retail or wholesale marketing of goods and services. Examples of 548 commercial uses include offices and retail shops. 549 (m) “Community dock/pier/float” means a shared-use private boating facility composed of dock, 550 pier, and/or float components established as: 551 (i) An accessory structure for five or more (5+) single-family residences, including waterfront 552 and/or upland lots/parcels, in a subdivision, neighborhood, or similar community setting 553 (comparable to “Community structure” per JCC 18.10.030); or 554 (ii) An accessory structure for a multifamily residential use; or 555 (iii) A primary use recreational facility serving five or more (5+) single-family residences (e.g., 556 community club). 557 A shared-use private boating facility that also provides related goods/services is considered a 558 marina.. See also “Joint use dock/pier/float” and “Shared use.” 559 (n) *“Compatible” means uses or activities capable of existing together or in the vicinity of one 560 another without disharmony or without generating effects or impacts which are disruptive to the 561 normal use and enjoyment of surrounding property. 562 (o) “Compensatory mitigation” means replacing resources or functions, at an equivalent or greater 563 level, to offset unavoidable impacts that remain after all appropriate and practicable avoidance and 564 minimization measures have been implemented. “Compensatory mitigation” includes, but is not 565 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 16/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations limited to, creation, restoration, enhancement, preservation, and rehabilitation of wetlands, 566 buffers, and other habitats or resources. 567 (p) *“Comprehensive Plan” means the Jefferson County Comprehensive Plan. 568 (q) “Conditional use permit (CUP)” means a permit issued by the county stating that the proposed 569 land uses and development activities meet all criteria and all conditions of approval in accordance 570 with the procedural requirements of this code. The intent of requiring a CUP is to accommodate 571 site-specific allowances while ensuring program requirements are satisfied. As per Chapter 18.15 572 JCC, a CUP can be standard (C), administrative (C(a)), or discretionary (C(d)). For this program, 573 criteria are described in Article IX of this chapter and application review processes are described in 574 Article X of this chapter. 575 (r) “Conservation” means the prudent management of rivers, streams, wetlands, wildlife and other 576 environmental resources in order to preserve and protect them. This includes the careful use of 577 natural resources to prevent depletion or harm to the environment. 578 (s) *“Conservation district” means a special purpose district, like a fire district or school district, 579 organized in accordance with Chapter 89.08 RCW for the purpose of providing assistance to 580 landowners for the conservation of renewable resources. 581 (t) “Conservation easement” means a legal agreement that the property owner enters into to 582 restrict uses of the land for purposes of natural resources conservation. The easement is recorded 583 on a property deed, runs with the land, and is legally binding on all present and future owners of 584 the property. 585 (u) “Contaminant” means any chemical, physical, biological, or radioactive substance that does not 586 occur naturally in ground water, air, or soil or that occurs at concentrations greater than those in 587 the natural levels (Chapter 172-200 WAC). 588 (v) *“County” means Jefferson County, Washington, its board, commissions, and departments. 589 (w) ****“Cover ed moorage” means boat moorage, with or without walls, that has a roof to protect 590 the vessel. 591 (x) ****Creek. See “Stream.” 592 (y) “Critical areas” mean the following areas as designated in Chapter 18.22 JCC, as incorporated 593 into this program: 594 (i) Critical aquifer recharge areas. 595 (ii) Wetlands. 596 (iii) Geologically hazardous areas. 597 (iv) Frequently flooded areas. 598 (v) Fish and wildlife habitat conservation areas. 599 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 17/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (z) “Critical habitat” means habitat areas with which endangered, threatened, sensitive or 600 monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing 601 of young, migrating). Such areas are identified herein with reference to lists, categories, and 602 definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 603 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) program of the Department of 604 Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National 605 Marine Fisheries Service, or other agency with jurisdiction for such designations. See also “Habitat 606 of special significance.” 607 (aa) “Cumulative impacts” or “cumulative effects” means the combined impacts of a proposed 608 development action along with past impacts and impacts of reasonably foreseeable future 609 development actions. 610 (bb) “Current deflector” means an angled stub-dike, groin, or sheet-pile structure which projects 611 into a stream channel to divert flood currents from specific areas, or to control downstream current 612 alignment. 613 (cc) *“Current use” means the use of land or improvements at the time of permit application. 614 (4) D Definitions. 615 (a) “Dam” means a barrier across a stream or river to confine or regulate flow or raise water levels 616 for purposes such as flood or irrigation water storage, erosion control, power generation, or 617 collection of sediment or debris. 618 (b) *“DCD” means the Jefferson County department of community development. 619 (c) “Deepwater habitats” means environments where surface water is permanent and often deep, 620 so that water, rather than air, is the principal medium in which the dominate organisms live. 621 (d) “Degrade” means to scale down in desirability or salability, to impair in respect to some physical 622 property or to reduce in structure or function. 623 (e) ****“Delta” or “river delta” means those lands formed as an aggradational feature by stratified 624 clay, silt, sand and gravel deposited at the mouths of streams where they enter a quieter body of 625 water. The upstream extent of a river delta is that limit where it no longer forms distributary 626 channels. 627 (f) *“Density” means the quantity per unit area, such as the number of dwelling units per acre. 628 (g) ***“Development” means a use consisting of the construction or exterior alteration of 629 structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; 630 bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary 631 nature which interferes with the normal public use of the surface of the waters overlying lands 632 subject to this program at any state of water level. “Development” does not include dismantling or 633 removing structures if there is no other associated development or re-development. 634 (h) ****“Developed shorelines” means those shoreline areas that are characterized by existing uses 635 or structures located within shoreline jurisdiction. 636 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 18/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) “Development agreement” means a binding legal agreement between a local government and a 637 property owner, managing agent or controlling entity that establishes the standards and other 638 provisions that apply to, govern and vest the development, use and mitigation of real property for 639 the specified duration of time, as consistent with local regulations and Chapter 36.70B RCW. 640 (j) “Diameter at breast height (DBH)” means the diameter of a tree at four and one-half feet above 641 the ground measured from the uphill side. 642 (k) “Dike” means an artificial embankment placed at a stream mouth or delta to hold back sea 643 water. 644 (l) *“Director” means, unless otherwise specified, the director of the county’s department of 645 community development (DCD) or the director’s designee. 646 (m) *“Division of land” means the creation of any new lot or lots for the purpose of sale, lease, or 647 transfer of ownership (see Chapter 18.35 JCC). 648 (n) “Dock” means a platform structure that abuts the shore anchored in and floating upon a water 649 body to provide landing for water-dependent recreation or moorage for vessels or watercraft and 650 does not include above water storage. 651 (o) *“Drainage” means surface water runoff; the removal of surface water or ground water from 652 land by drains, grading, or other means, which include runoff controls to minimize erosion and 653 sedimentation during and after construction or development. 654 (p) “Dredge material disposal” means the depositing of dredged materials on land or into water 655 bodies. 656 (q) “Dredging” means the removal of earth from the bottom of a stream, river, lake, bay, or other 657 water body. This does not include de minimis removal of sediment during harvest of geoduck clams 658 or other shellfish. 659 (r) **“Drift cell, drift sector, or littoral cell” means a particular reach of marine shore in which 660 littoral drift may occur without significant interruption and which contains any natural sources of 661 such drift and also accretion shore forms accreted by such drift. 662 (s) “Drip line area” means the area measured from the trunk of the tree outward to a point at the 663 perimeter of the outermost branch structure of the tree. 664 (t) *“Driveway” means a strip of land which provides vehicular access to one or two lots. 665 (u) ****“Dune” means a hill or ridge of sand piled up by the wind and/or wave action. 666 (v) “Dwelling unit” means one or more rooms or structures designed for occupancy by an individual 667 or family for living and sleeping purposes. 668 (5) E Definitions. 669 (a) **“Ecological functions” or “shoreline functions” means the work performed or role played by 670 the physical, chemical, and biological processes that contribute to the maintenance of the aquatic 671 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 19/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-672 201(2)(c). Functions include, but are not limited to, habitat diversity and food chain support for fish 673 and wildlife, ground water recharge and discharge, high primary productivity, low flow stream 674 water contribution, sediment stabilization and erosion control, storm and flood water attenuation 675 and flood peak desynchronization, and water quality enhancement through biofiltration and 676 retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of 677 priority. 678 (b) ****“Ecologically intact shorelines” means those shoreline areas that retain the majority of their 679 natural shoreline functions and values, as evidenced by vegetation and shoreline configuration. 680 Generally, but not necessarily, ecologically intact shorelines are largely free of structural shoreline 681 modifications, structures, and intensive human activities. 682 (c) “Ecology” means Washington State Department of Ecology. 683 (d) **“Ecosystem processes” means the suite of naturally occurring physical and geologic processes 684 of erosion, transport, and deposition; and specific chemical processes that shape landforms within a 685 specific shoreline ecosystem and determine both the types of habitat and the associated ecological 686 functions. 687 (e) “Emergency activities” are those activities that require immediate action within a time too short 688 to allow full compliance with this program due to an unanticipated and imminent threat to public 689 health, safety or the environment (see WAC 173-27-040). Emergency construction does not include 690 development of new permanent protective structures where none previously existed. All 691 emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this 692 program. As a general matter, flooding or other seasonal events that can be anticipated and may 693 occur but that are not imminent are not an emergency. 694 (f) *“Endangered species” means a species which is in danger of extinction throughout all or a 695 significant portion of its range, as classified by the Washington Department of Fish and Wildlife, the 696 Washington Department of Natural Resources, or the Federal Endangered Species Act. 697 (g) “Enhancement” means actions performed within an existing degraded shoreline and/or buffer to 698 intentionally increase or augment one or more functions or values of the existing area. 699 Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing 700 wildlife habitat and structural complexity (snags, woody debris), installing environmentally 701 compatible erosion controls, or removing non-indigenous plant or animal species. 702 (h) *“Erosion” means the detachment and movement of soil or rock by water, wind, ice, or gravity. 703 (i) *“Erosion hazard areas” means areas characterized by soils identified in the USDA Jefferson 704 County Soil Survey as having severe water erosion hazards. 705 (j) *“Essential public facilities” means those important and necessary facilities which provide 706 essential services that are typically difficult to site, such as airports, state educational facilities, state 707 or regional transportation facilities, state and local correctional facilities, solid waste handling 708 facilities, and in-patient facilities including substance-abuse facilities, mental health facilities, and 709 group homes (RCW 36.70A.200). They do not necessarily include all public facilities or services; they 710 may be, but are not necessarily, publicly owned. Essential public facilities in Jefferson County 711 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 20/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations include airports, large-scale transportation facilities, solid waste handling and disposal facilities, 712 correctional facilities, in-patient treatment facilities including substance-abuse facilities and mental 713 health facilities, state-owned educational facilities, and wastewater treatment plants. 714 (k) “Estuary” means a semi-enclosed coastal water body connected to a larger body of saltwater 715 with one or more streams/rivers flowing into it. Estuaries are typically the mouths of rivers and 716 have brackish water. 717 (l) *“Excavation” means the mechanical removal of earth, including soil, rocks, bedrock, and/or root 718 material from areas landward of the OHWM of a waterbody. 719 (m) “Exempt development” refers to activities which the legislature identified as not requiring 720 shoreline substantial development permits. Actions in shoreline jurisdiction not requiring such 721 permits are required to be consistent with all the relevant policies and regulations in RCW 722 90.58.030 and WAC 173-27(040). A letter from the county must be obtained certifying that the 723 development is exempt. Exempt uses may still require conditional use and/or variance permits. 724 (n) *“Existing use” means the use of a lot or structure or improvements at the time of the 725 enactment of this code, unless otherwise specified. 726 (o) “Experimental aquaculture” means aquaculture that cultivates new species, or uses growing 727 methods or harvesting techniques that have not previously been used in the state of Washington 728 and that differ significantly from common practice. 729 (p) *“Extraction” means the commercial removal of naturally occurring materials from the earth, 730 excluding water. 731 (q) ***“Extreme low tide (ELT)” means the lowest line of the land reached by a receding tide. This is 732 the line as estimated by the federal government below which it might reasonably be expected that 733 the tide would not ebb. In the Puget Sound area generally, this point is estimated by the federal 734 government to be a point in elevation 4.50 feet below the datum plane of mean lower low water 735 (0.0). Along the Pacific Ocean and in the bays fronting thereon and the Strait of Juan de Fuca, the 736 elevation ranges down to a minus 3.5 feet in several locations. 737 (6) F Definitions. 738 (a) ****“Fair market value (FMV)” of a development means the open market bid price for 739 conducting the work, using the equipment and facilities, and purchase of the goods, services and 740 materials necessary to accomplish the development. This would normally equate to the cost of 741 hiring a contractor to undertake the development from start to finish, including the cost of labor, 742 materials, equipment and facility usage, transportation and contractor overhead and profit. The fair 743 market value of the development shall include the fair market value of any donated, contributed or 744 found labor, equipment or materials. 745 (b) **“Feasible” means, for the purpose of this program, that an action, such as a development 746 project, mitigation, or preservation requirement, meets all of the following conditions: 747 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 21/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) The action can be accomplished with technologies and methods that have been used in the 748 past in similar circumstances, or studies or tests have demonstrated in similar circumstances 749 that such approaches are currently available and likely to achieve the intended results; 750 (ii) The action provides a reasonable likelihood of achieving its intended purpose; and 751 (iii) The action does not physically preclude achieving the project’s primary intended legal use. 752 In cases where these guidelines require certain actions unless they are infeasible, the burden of 753 proving infeasibility is on the applicant. In determining an action’s infeasibility, the reviewing 754 agency may weigh the action’s relative public costs and public benefits, considered in the short- 755 and long-term time frames. 756 (c) (i) *“Feasible alternative” means an alternative that: 757 (A) Meets the requirements of federal, state, and local laws and regulations; 758 (B) Attains most or all of the basic objectives of the project; 759 (C) Is technically and technologically possible; 760 (D) Can be accomplished at a reasonable cost; 761 (E) Can be accomplished in a reasonable amount of time; and 762 (F) Adverse environmental, health, and safety effects are no greater than those of the 763 original proposal. 764 (ii) A determination of what is reasonable or feasible is made by the decision-making body on a 765 case-by-case basis, taking into account the: 766 (A) Probable intensity, severity, and cumulative impacts of the original proposal and 767 alternative approaches, and opportunity for the avoidance or reduction in the number, 768 intensity, or severity of significant impacts, or of the aggregate adverse impact; 769 (B) Risk of upset conditions (i.e., the risk that the control and mitigation measures will fail, 770 be overwhelmed, or exceed allowed limits) and the potential severity of the impact should 771 control or mitigation measures be ineffective or fail; 772 (C) Capital and operating costs; 773 (D) Period of time to accomplish, costs of additional time or delay, and time constraints for 774 completion; and 775 (E) Location and site-specific factors, such as seasonal or topographic constraints, 776 environmentally sensitive areas and habitats, site accessibility, and local community 777 concerns. 778 (d) ****“Feeder bluff” means an eroding coastal bluff that delivers a significant amount of sediment 779 to the beach over an extended period of time and contributes to the local littoral sediment budget. 780 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 22/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (e) “Fill” means the addition of solid or semi-solid material such as soil, sand, rock, gravel, sediment, 781 wood chips, mining overburden, earth retaining structure, or other material used to create any 782 structure or infrastructure or when placed changes the elevation or grade of a receiving site. 783 (f) “Fill material” means any solid or semi-solid material such as soil, sand, rock, gravel, sediment, 784 wood chips, mining overburden, earth retaining structure, or other material from mining or other 785 excavation activities, and materials used to create any structure or infrastructure, that when placed, 786 changes the grade or elevation of the receiving site. 787 (g) “Filling” means the act of transporting or placing by any manual or mechanical means fill 788 material from, to, or on any soil surface, including temporary stockpiling of fill material. 789 (h) “Finfish” means a vertebrate organism of the classes Osteichthyes, Agnatha, or Chondrichthyes 790 possessing a bony and/or cartilaginous inner skeleton, including all stages of development and the 791 bodily parts of the fish (RCW 77.08.22). Examples include, but are not limited to, salmon, trout, ling 792 cod, rock fish, halibut, sole, sablefish, perch, pollock, whiting, tilapia, carp, lamprey, sturgeon, 793 sharks, skates, and rays. In comparison, see “Shellfish.” 794 (i) “Fire hazard” means the accumulation of combustible materials in such a condition as to be 795 readily ignited and in such a quantity as to create a hazard from fire to nearby structures, life and 796 property. 797 (j) “Fish habitat” means a complex of physical, chemical, and biological conditions that provide the 798 life supporting and reproductive needs of a species or life stage of fish. Although the habitat 799 requirements of a species depend on its age and activity, the basic components of fish habitat in 800 rivers, streams, ponds, and nearshore areas include, but are not limited to, the following: 801 (i) Clean water and appropriate temperatures for spawning, rearing, and holding; 802 (ii) Adequate water depth and velocity for migrating, spawning, rearing, and holding, including 803 off-channel habitat; 804 (iii) Abundance of bank and in-stream structures to provide hiding and resting areas and 805 stabilize stream banks and beds; 806 (iv) Appropriate substrates for spawning and embryonic development. For stream and lake 807 dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged 808 rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand; 809 (v) Presence of riparian vegetation as defined in this article. Riparian vegetation creates a 810 transition zone, which provides large woody debris (LWD), shade, and food sources of aquatic 811 and terrestrial insects for fish; 812 (vi) Unimpeded passage (suitable gradient and lack of barriers) for upstream and downstream 813 migrating juveniles and adults. 814 (k) “Float” means a platform structure that does not connect to the shore anchored in and floating 815 upon a water body, and that provides landing for water-dependent recreation or moorage for 816 vessels or watercraft, and that does not include above water storage. 817 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 23/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (l) “Floating aquaculture” means aquaculture systems that suspend aquatic organisms in the water 818 column using buoys, rafts, docks, piers or other structure and that extend more than three feet 819 from the bottom into the water column. Floating aquaculture is synonymous with hanging 820 aquaculture. 821 (m) Floating dwellings include the following: 822 (i) "Floating home" means a single-family dwelling unit constructed on a float, that is moored, 823 anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of 824 being towed. 825 (ii) "Floating on-water residence" means a vessel or any floating structure other than a floating 826 home, that: (i) Is designed or used primarily as a residence on the water and has detachable 827 utilities; and (ii) whose owner or primary occupant has held an ownership interest in space in a 828 marina, or has held a lease or sublease to use space in a marina, since a date prior to July 1, 829 2014. 830 831 (n) *“Flood” or “flooding” means the temporary inundation of normally dry land areas from the 832 overflow of inland or tidal waters or from the unusual and rapid accumulation or runoff of surface 833 waters. 834 (o) “Flood control” means all development on rivers and streams designed to retard bank erosion, 835 to reduce flooding of adjacent lands, to control or divert stream flow, or to create a reservoir, 836 including but not limited to revetments, dikes, levees, channelization, dams, weirs, flood and tidal 837 gates. Excluded are water pump apparatus. 838 (p) **“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to 839 inundation with a one percent chance of being equaled or exceeded in any given year. The limit of 840 this area shall be based upon flood ordinance regulation maps or a reasonable method which meets 841 the objectives of the Act. 842 (q) “Floodplain management” means a long-term program to reduce flood damages to life and 843 property and to minimize public expenses due to floods through a comprehensive system of 844 planning, development regulations, building standards, structural works, and monitoring and 845 warning systems. 846 (r) “Floodway” means the area that has been established in Federal Emergency Management Act 847 flood insurance rate maps or floodway maps. The floodway does not include lands that can 848 reasonably be expected to be protected from flood waters by flood control devices maintained by 849 or maintained under license from the federal government, the state, or a political subdivision of the 850 state. 851 (s) “Forest land” means all land that is capable of supporting a merchantable stand of timber and is 852 not being actively used, developed, or converted in a manner that is incompatible with timber 853 production. 854 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 24/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (t) *“Forest management” means forest practices pertaining to protecting, producing, and 855 harvesting timber for economic use. 856 (u) *“Forest practice” means any activity conducted on or directly pertaining to forest land and 857 relating to growing or harvesting of timber, or the processing of timber, including but not limited to: 858 road and trail construction and maintenance; harvest, final and intermediate; precommercial 859 thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of 860 trees; and brush control. 861 (v) *“Forest practice, conversion” means the conversion of land to an active use incompatible with 862 timber growing and where future nonforest uses will be located on currently forested land. 863 (w) *“Frequently flooded areas” means lands subject to a one percent or greater chance of flooding 864 in any given year. 865 (x) “Function assessment” or “functions and values assessment” means a set of procedures, applied 866 by a qualified consultant, to identify the ecological functions being performed in a shoreline or 867 critical area, usually by determining the presence of certain characteristics, and determining how 868 well the area is performing those functions. Function assessments can be qualitative or quantitative 869 and may consider social values potentially provided by an area. Function assessment methods must 870 be consistent with best available science. 871 (7) G Definitions. 872 (a) “Gabions” means works composed of masses of rock, rubble, or masonry tightly enclosed usually 873 by wire mesh so as to form massive blocks. They are used to form walls on beaches to retard wave 874 erosion or as foundations for breakwaters or jetties. 875 (b) “Game fish” means those species of fish that are classified by the Washington Department of 876 Fish and Wildlife as game fish (WAC 232-12-019). 877 (c) “Gangplank” means a structure between a pier and float/dock which can adjust its angle based 878 on changes in water elevation, allowing access to the float at all times; also called a gangway. 879 (d) “Genetically modified organism (GMO)” means a plant, animal or microorganism whose genetic 880 material has been manipulated by a molecular biological engineering technique (such as 881 recombinant DNA technology using transgenic or cisgenic methods) resulting in a genetically 882 distinct organism with an altered hereditary pattern of protein production by the chromosomes. 883 Selective breeding, cross breeding, and creation of polyploidy are not included. 884 (e) *“Geologically hazardous areas” means areas that because of their susceptibility to erosion, 885 sliding, earthquake, or other geological events are not suited to the siting of commercial, 886 residential, or industrial development consistent with public health or safety concerns. 887 (f) “Geologically unstable” means the relative instability of a shoreform or land form for 888 development purposes over the long term or the intended life of any proposed structure. Soil, 889 slope, ground or surface water, other geologic conditions, vegetation and effects of development 890 are common factors that contribute to instability. Areas characterized by banks or bluffs composed 891 of unconsolidated alluvial or glacial deposits (till and drift material), severely fractured bedrock, 892 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 25/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations active and substantial erosion, substantially deformed trees and shrubs, or active or inactive earth 893 slides are likely to be considered geologically unstable. 894 (g) “Geotechnical report” or “geotechnical analysis” means a scientific study or evaluation that 895 includes a description of the ground and surface hydrology and geology, the affected land form and 896 its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and 897 recommendations regarding the effect of the proposed development on geologic conditions, the 898 adequacy of the site to be developed, the impacts of the proposed development, alternative 899 approaches to the proposed development, and measures to mitigate potential site-specific and 900 cumulative geological and hydrological impacts of the proposed development, including the 901 potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall 902 conform to accepted technical standards and must be prepared by qualified engineers or geologists 903 who are knowledgeable about the regional and local geology. 904 (h) *“Grade, existing” means the elevation of the ground or site prior to any work being done or any 905 changes being made to the ground or site. 906 (i) *“Grade, finished” means the final elevation of the ground level after development. 907 (j) “Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of the 908 earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio 909 (vertical to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage (of 910 horizontal distance), or an angle (in degrees). 911 (k) *“Grading” means stripping, cutting, filling, or stockpiling earth to create new grade. 912 (l) “Groin” means a wall-like structure extending on an angle waterward from the shore. Its purpose 913 is to build or preserve an accretion shoreform or berm on its updrift side by trapping littoral drift. 914 Groins are relatively narrow in width but vary greatly in length. Groins are sometimes built in series 915 as a system, and may be permeable or impermeable, high or low, and fixed or adjustable. 916 (m) “Ground water” means all water that exists beneath the land surface or beneath the bed of any 917 stream, lake or reservoir, or other body of surface water within the boundaries of the state, 918 whatever may be the geological formation or structure in which such water stands or flows, 919 percolates or otherwise moves (Chapter 90.44 RCW). 920 (n) *“Growth Management Act (GMA)” means the State of Washington Growth Management Act, 921 Chapter 36.70A RCW, as amended. 922 (o) ****“Guidelines” means those standards adopted under Chapter 173-26 WAC, as amended, or 923 any successor regulations thereof, that serve as standards for implementation of the policy of 924 Chapter 90.58 RCW for regulations of uses of the shorelines, and that provide criteria to local 925 governments and the Department of Ecology in developing master programs. 926 (8) H Definitions. 927 (a) *“Habitat” means the place or type of site where a plant or animal naturally or normally lives 928 and grows. 929 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 26/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) “Habitat of special significance” means eelgrass beds, kelp beds, rocky reef habitat, geoduck 930 beds, hardshell clam beds, habitat having significant populations of or which are important to the 931 feeding, reproduction or other life stages of Dungeness crabs, herring, lingcod/greenling, true cod, 932 soles and flounders, rock fishes, cabezon and other large sculpins, or sea perch, wildlife refuges and 933 habitats of endangered or threatened species, and other habitat that meets the 1986 934 Recommended Interim Guidelines for Salmon Net-Pen Culture in Puget Sound, as determined on a 935 case-by-case basis in consultation with Washington Department of Fish and Wildlife. See also 936 “Critical habitat.” 937 (c) Hanging Aquaculture. See “Floating aquaculture.” 938 (d) ****“Harbor area” means the area of navigable tidal waters as determined in Section 1 of 939 Article 15 of the Washington State Constitution, which is forever reserved for landings, wharves, 940 streets, and other conveniences of navigation and commerce. Harbor areas exist between the inner 941 and outer harbor lines as established by the state harbor line commission. Harbor areas are 942 managed by the Department of Natural Resources for the conveniences of navigation and 943 commerce (RCW 79.105.060(5)). 944 (e) “Hazard tree” means any tree that presents a risk to persons or property due to a high 945 probability of falling in the near future because of a debilitating disease, a structural defect, a root 946 ball significantly exposed, or having been exposed to windthrow within the past 10 years. 947 Hazardous trees include, but are not limited to, conditions where a permanent, primary structure or 948 appurtenant or accessory structure is within one and one-half tree lengths of the base of the trunk. 949 Where not immediately apparent to the administrator, the hazard tree determination shall be made 950 after review of a report prepared by a certified arborist or forester. 951 (f) “Hazardous area” means any shoreline area which is hazardous for intensive human use or 952 structural development due to inherent and/or predictable physical conditions; such as but not 953 limited to geologically hazardous areas, frequently flooded areas, and coastal high hazard areas. 954 (g) “Hazardous materials” means any substance containing such elements or compounds which 955 when discharged in any quantity in shorelines present an imminent and/or substantial danger to 956 public health or welfare; including, but not limited to: fish, shellfish, wildlife, water quality, and 957 other shoreline features and property. 958 (h) *“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and regulated as 959 hazardous waste by the United States Environmental Protection Agency. 960 (i) “Hearings Board” means the State Shorelines Hearings Board referenced in RCW 90.58.170. 961 (j) *“Height, building” means the vertical distance from grade plane to the average height of the 962 highest roof surface (cf., International Building Code). 963 (k) ****“Historic” means having considerable importance or influence in history; historical. 964 (l) “Historic preservation professionals” means those individuals who hold a graduate degree in 965 architectural history, art history, historic preservation, or closely related field, with coursework in 966 American architectural history, or a bachelor’s degree in architectural history, art history, historic 967 preservation or closely related field plus one of the following: 968 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 27/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) At least two years of full-time experience in research, writing, or teaching in American 969 architectural history or restoration architecture with an academic institution, historical 970 organization or agency, museum, or other professional institution; or 971 (ii) Substantial contribution through research and publication to the body of scholarly 972 knowledge in the field of American architectural history. 973 (m) *“Historic site, structure or landmark” means a site, structure or building of outstanding 974 archaeological, historical or cultural significance. This is shown by its designation as such by the 975 National or Washington State Register of Historic Places, designation as an historic landmark, or any 976 such structure or feature for which the State Historic Preservation Officer has made a 977 determination of significance pursuant to Section 106 of the National Historic Preservation Act. 978 (n) *“Hotel” (or “lodge”) means a commercial building in which lodging is provided and offered to 979 the public for compensation, and which is open to transient guests, and is not a motel or bed and 980 breakfast inn. 981 (o) *“Household” means one or more related or unrelated persons occupying a dwelling unit. 982 (p) “Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and 983 Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. 984 (9) I Definitions. 985 (a) *“Illegal use” means any use of land or a structure which is inconsistent with current codes 986 and/or was inconsistent with previous codes in effect when the use or structure was established. An 987 illegal use is different than a nonconforming use. (See also “Nonconforming.”) 988 (b) “Impervious surface” means a hard surface area that either prevents or retards the entry of 989 water into the soil mantle. Common impervious surfaces include, but are not limited to, roof tops, 990 walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, 991 packed earthen materials, and other surfaces. Open, uncovered retention/detention facilities shall 992 not be considered impervious surfaces for purposes of this program. Open, uncovered 993 retention/detention facilities shall be considered impervious surfaces for purposes of runoff 994 modeling. 995 (c) “Important, Sensitive and Unique Areas (ISUs)” means specific areas in state waters that meet 996 one or more of the following criteria: 997 (i) Areas that are environmentally sensitive or contain unique or sensitive species or 998 biological communities that must be conserved and warrant protective measures [RCW 999 43.372.040(6)(c)]. 1000 (ii) Areas with known sensitivity and where the best available science indicates the potential 1001 for offshore development to cause irreparable harm to the habitats, species, or cultural 1002 resources. 1003 (iii) Areas with features that have limited, fixed and known occurrence. 1004 (iv) Areas with inherent risk or infrastructure (e.g. buoys or cables) that are incompatible 1005 with new ocean uses. 1006 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 28/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (d) *“Incidental” means subordinate to, minor in significance, and bearing a reasonable relationship 1007 with the primary use. 1008 (e) *“Incompatible” means uses and activities that are not compatible. 1009 (f) “Industrial development” means facilities for processing, manufacturing, and storage of finished 1010 or semi-finished goods, including but not limited to oil, metal or mineral product refining, power 1011 generating facilities, including hydropower, ship building and major repair, storage and repair of 1012 large trucks and other large vehicles or heavy equipment, related storage of fuels, commercial 1013 storage and repair of fishing gear, warehousing construction contractors’ offices and 1014 material/equipment storage yards, wholesale trade or storage, and log storage on land or water, 1015 together with necessary accessory uses such as parking, loading, and waste storage and treatment. 1016 Excluded from this definition are mining including on-site processing of raw materials, and off-site 1017 utility, solid waste, road or railway development, and methane digesters that are accessory to an 1018 agricultural use. 1019 (g) “Industrial pier” means a fixed platform structure supported by piles in a water body that abuts 1020 the shore to provide access to or moorage of vessels or watercraft for industrial purposes, such as, 1021 but not limited to, mining, processing raw materials, manufacturing products from natural 1022 resources, and operations that include hazardous substances. 1023 (h) ****“Industry” means the production, processing, manufacturing, or fabrication of goods or 1024 materials. Warehousing and storage of materials or production is considered part of the industrial 1025 process. 1026 (i) *“Infiltration” means the downward entry of water into the immediate surface of soil. 1027 (j) “Infrastructure” means existing installed facilities and services including capital facilities such as 1028 water supply, sewage disposal, and storm drainage systems, and transportation facilities such as 1029 public roads. 1030 (k) ****“Inner harbor line” means a line located and established in navigable tidal waters between 1031 the line of ordinary high water and the outer harbor line, constituting the inner boundary of the 1032 harbor area.(k) ****“In-stream structure” means a human-made structure placed within a stream 1033 or river waterward of the ordinary high water mark that either causes or has the potential to cause 1034 water impoundment, or the diversion, obstruction, or modification of water flow. In-stream 1035 structures may include those for hydroelectric generation, irrigation, water supply, flood control, 1036 transportation, utility service, transmission, fisheries enhancement, or other purposes. 1037 (l) *“Intensification of nonconforming use” means any increase or expansion in the quality or 1038 quantity of products, goods, services, structures or adverse impacts upon parcels within the vicinity 1039 of the nonconforming use produced, generated, served, created or performed at the site of the 1040 legal nonconforming use by the owner or occupant of that legal nonconforming use. 1041 (m) *“Intensive” means highly concentrated, very large, or considerable, in terms of Jefferson 1042 County standards and environment. 1043 (n) *“International Building Code (IBC)” means the building code officially adopted by Jefferson 1044 County. 1045 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 29/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (o) ****“Intertidal” means the area waterward of the ordinary high water mark and landward of 1046 the line of extreme low tide. 1047 (p) “Invasive species” means a species that is (i) nonnative (or alien) to Jefferson County and (ii) 1048 whose introduction causes or is likely to cause economic or environmental harm or harm to human 1049 health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions 1050 are the primary means of invasive species introductions. Includes noxious weeds that, when 1051 established, are highly destructive, competitive, or difficult to control by cultural or chemical 1052 practices, as per RCW 17.10.010. 1053 (q) “In-water finfish aquaculture” means the farming or culture of vertebrate or cartilaginous food 1054 fish for market sale when raised in facilities located waterward of the ordinary high water mark in 1055 freshwater or saltwater water bodies, in either open-flow or contained systems. This includes net 1056 pens, sea cages, bag cages and similar floating/hanging containment structures and is intended to 1057 reflect the definition of “marine finfish rearing facilities” (RCW 90.48.220), but does not include 1058 temporary restoration/enhancement facilities used expressly to improve populations of native 1059 stocks and that meet the definition of “watershed restoration project” per RCW 89.08.460. 1060 (r) ****“Island” means a land mass completely surrounded by water. 1061 (10) J Definitions. 1062 (a) ****“Jetty” means a structure generally perpendicular to the shore, extending through or past 1063 the intertidal zone. Jetties are built singly or in pairs at a harbor entrance or river mouth mainly to 1064 prevent accretion from littoral drift in an entrance channel. Jetties also serve to protect channels 1065 from storm waves or cross currents and to stabilize inlets through barrier beaches. Most jetties are 1066 of rip-rapped mound construction. 1067 (b) “Joint use dock/pier/float” means a shared-use private boating facility composed of dock, pier, 1068 and/or float components established as an accessory structure for use by at least two (2) and no 1069 more than four (4) single-family residences, including adjacent waterfront and/or upland 1070 lots/parcels. A shared-use private boating facility that also provides related goods/services is 1071 considered a marina. See also “Community dock/pier/float” and “Shared use.” 1072 (11) No K definitions. 1073 (12) L Definitions. 1074 (a) “Lake” means a body of standing water in a depression of land or expanded part of a stream, of 1075 20 acres or greater in total area. A lake is bounded by the OHWM, or where a stream enters the 1076 lake, the extension of the lake’s OHWM within the stream. A lake is generally distinguished from 1077 marshes, bogs, and swamps by its greater depth. 1078 (b) “Land disturbing activity” means any activity that results in movement of earth, or a change in 1079 the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land 1080 disturbing activities include, but are not limited to, clearing, grading, filling, compaction, and 1081 excavation. 1082 (c) Landfill. See “Filling.” 1083 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 30/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (d) “Landslide” means a general term covering a wide variety of mass movement landforms and 1084 processes involving the downslope transport, under gravitational influence, of soil and rock material 1085 en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, 1086 rock slides, and rock falls. 1087 (e) *“Landslide hazard” areas means areas potentially subject to risk of mass movement due to a 1088 combination of geologic, topographic, and hydrologic factors. 1089 (f) *“Landward” means to or toward the land. 1090 (g) “Lateral” means of, at, toward, or from the side. Lateral expansion of a non-conforming 1091 structure is parallel to the ordinary high water mark (OHWM). 1092 (h) “Levee” means a natural or artificial embankment on the bank of a river or stream for the 1093 purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on 1094 their sides. 1095 (i) “Liberal construction” means that the interpretation of this document shall not only be based on 1096 the actual words and phrases used in it, but also by taking its deemed or stated purpose into 1097 account. 1098 (j) Lift. See “Boat lift.” 1099 (k) “Live-aboard” means a seaworthy vessel that was designed primarily for navigation but is used 1100 as a residence. A boat or other floating structure is a residence if it is occupied 30 out of 45 days or 1101 90 out of 365 days while moored or anchored in the same area, or if the local government, the 1102 marina, or the occupant of the boat defines it as a residence. The phrase “in the same area” means 1103 within a radius of one mile of any location where the same vessel previously moored or anchored. A 1104 vessel that is occupied and is moored or anchored in the same area, but not for the number of days 1105 described in this subsection, is considered a recreational or transient vessel (WAC 332-30-106). 1106 (l) “Log storage” means the water storage of logs in rafts or otherwise prepared for shipment in 1107 water-borne commerce, but does not include the temporary holding of logs to be taken directly into 1108 a vessel or processing facility (RCW 79.105.060(10)). 1109 (m) *“Logging” means activities related to and conducted for purposes of harvesting or processing 1110 timber. See also “Forest practices.” 1111 (n) *“Long-term commercial significance” means lands with the growing capacity, productivity, soil 1112 composition, and economic viability for long-term agricultural, mineral or silvicultural production. 1113 (o) *“Lot” means a designated tract, parcel or area of land established by plat, subdivision, or as 1114 otherwise permitted by law, to be separately owned, and utilized. The area below the ordinary high 1115 water mark may not be considered a part of the lot area for all purposes. 1116 (p) *“Lot of record” means an undeveloped lot, tract or parcel of land shown on an officially 1117 recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of 1118 property and described by platted lot number or by metes and bounds and lawfully established for 1119 conveyancing purposes on the date of recording of the instrument first referencing the lot. The 1120 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 31/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations term lot of record does not imply that the lot was created in conformity with the legal regulatory 1121 requirements for subdivision of property in accordance with Chapter 58.17 RCW or Chapter 18.35 1122 JCC. 1123 (q) “Low intensity land use” means a land use that has limited impact upon the land, resources and 1124 adjoining properties in terms of the scale of development, and frequency, amount, or concentration 1125 of use. Low intensity uses are mostly passive uses that do not substantially consume resources or 1126 leave noticeable or lasting adverse effects. 1127 (13) M Definitions. 1128 (a) “Maintenance and repair” means work required to keep existing improvements in their existing 1129 operational state. This does not include any modification that changes the character, scope, or size 1130 of the original structure, facility, utility or improved area. 1131 (b) “Marina” means a wet moorage and/or dry storage facility for multiple pleasure crafts and/or 1132 commercial crafts where goods or services related to boating may be sold commercially. Launching 1133 facilities and covered moorage may also be included. Marinas may be open to the general public or 1134 restricted on the basis of property ownership or membership. 1135 (c) The Marine Spatial Plan for Washington’s Pacific Coast (MSP) is a planning document designed to 1136 address new ocean use development off Washington’s Pacific coast that had not been previously 1137 permitted or approved prior to the adoption of the plan in June 2018. The MSP uses a series of data, 1138 maps, and analyses in combination with a management framework to evaluate potential impacts 1139 from new ocean use projects on existing uses and resources, based on the principles and criteria 1140 outlined in the Ocean Resources Management Act (ORMA) [RCW 43.143.030(2)] and the Ocean 1141 Management Guidelines [WAC 173-26-360]. It applies a coordinated decision-making process 1142 between various governments, tribes, and stakeholders, and includes additional siting 1143 recommendations and fisheries protection standards. These principles have been incorporated into 1144 this SMP. See Ecology Publication No. 17-06-027, Revised June 2018 1145 (https://fortress.wa.gov/ecy/publications/documents/1706027.pdf and https://msp.wa.gov/) 1146 (d) “Marine trades” include a variety of sectors including ship and boat 1147 building/maintenance/repair, passenger ship/ charter ship activities, fishing and seafood 1148 processing, marina and recreational boating, and maritime education and training. 1149 (e) “Mass wasting” means downslope movement of soil and rock material by gravity. This includes 1150 soil creep, erosion, and various types of landslides, not including bed load associated with natural 1151 stream sediment transport dynamics. 1152 (f) *“Master planned resort (MPR)” means a self-contained and fully integrated planned unit 1153 development in a setting of significant natural amenities, with primary focus on destination resort 1154 facilities consisting of short-term visitor accommodations associated with a range of on-site indoor 1155 or outdoor recreational facilities. A master planned resort may include other residential uses within 1156 its boundaries, but only if the residential uses are integrated into and support the on-site 1157 recreational nature of the resort (cf., RCW 36.70A.360). 1158 (g) “May” means the action is allowable, provided it conforms to the provisions of this program. 1159 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 32/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (h) “Mean annual flow” means the average flow of a river or stream (measured in cubic feet per 1160 second) from measurements taken throughout the year. If available, flow data for the previous 10 1161 years should be used in determining mean annual flow. 1162 (i) “Minerals” means clay, coal, gravel, industrial minerals, metallic substances, peat, sand, stone, 1163 topsoil, and any other similar solid material or substance to be excavated from natural deposits on 1164 or in the earth for commercial, industrial, or construction use. 1165 (j) (i) “Mining” or “mining operations” means, in accordance with RCW 78.44.031, all mine-related 1166 activities, exclusive of reclamation, that include, but are not limited to activities that affect noise 1167 generation, air quality, surface and ground water quality, quantity, and flow, glare, pollution, traffic 1168 safety, ground vibrations, and/or significant or substantial impacts commonly regulated under land 1169 use provisions. Mining specifically includes: 1170 (A) Extraction of rock, stone, gravel, sand, earth, and other minerals; 1171 (B) Blasting, equipment maintenance, sorting, crushing, and loading; 1172 (C) On-site mineral processing including asphalt or concrete batching, concrete recycling, 1173 and other aggregate recycling; and 1174 (D) All methods of transporting minerals to and from the mine (including conveyors, piers, 1175 and barges), on-site road maintenance, maintenance of roads used extensively for surface 1176 mining activities, traffic safety, and traffic control. 1177 (ii) Mining shall not include the following: 1178 (A) Excavation and grading at building construction sites where such construction is 1179 authorized by a valid building permit; or 1180 (B) Excavation and grading in public rights-of-way for the purpose of on-site road 1181 construction, or in private rights-of-way for the same purpose if authorized by the county; 1182 or 1183 (C) Excavation and grading for the purpose of developing ponds or manure lagoons for 1184 agricultural purposes; or 1185 (D) Excavation and grading in connection with and at the site of any creek, river, or flood-1186 control or storm drainage channel for the purpose of enlarging hydraulic capacity or 1187 changing the location or constructing a new channel or storm drain where such work has 1188 been approved by the county; or 1189 (E) Excavation and grading where the excavated material will be used on the same property 1190 or on property contiguous to and under the same ownership as the excavation. 1191 (k) *“Mitigation” means measures prescribed and implemented to avoid, minimize, lessen, or 1192 compensate for adverse impacts. Explicit in this definition is the following order of preference: 1193 (i) Avoiding an impact altogether by not taking a certain action or parts of actions; 1194 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 33/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Minimizing impacts by limiting the degree or magnitude of an action and its 1195 implementation; 1196 (iii) Rectifying impacts by repairing, rehabilitating, or restoring the affected environment; 1197 (iv) Reducing or eliminating an impact over time by preservation and maintenance operations 1198 during the life of the action; 1199 (v) Compensating for an impact by replacing or providing substitute resources or environments; 1200 and 1201 (vi) Monitoring the mitigation and taking remedial action when necessary. 1202 (l) “Mitigation bank” means a site where wetlands or similar habitats are restored, created, 1203 enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing 1204 compensatory mitigation in advance of authorized impacts to aquatic resources. 1205 (m) “Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse 1206 impacts to shorelines and/or critical areas. 1207 (n) “Mixed use” means a combination of uses within the same building or site as a part of an 1208 integrated development project with functional interrelationships and coherent physical design. 1209 (o) *“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to the standards 1210 other than the HUD Code, and acceptable under applicable state codes in effect at the time of 1211 construction or introduction of the home into the state. Mobile homes have not been built since 1212 the introduction of the HUD Manufactured Home Construction and Safety Standards Act. See also 1213 “Manufactured home” in Chapter 18.10 JCC. 1214 (p) *“Mobile home park” means a development with two or more improved pads or spaces with 1215 required improvements and utilities designed to accommodate mobile homes, according to RCW 1216 59.20.030(4). 1217 (q) “Monitoring” means evaluating the effects of a development action on the biological, 1218 hydrological, pedological, and geological elements of natural systems and/or assessing the 1219 performance of required mitigation measures through data collection, analysis and reporting. 1220 (r) ****“Mooring buoy” means an anchored floating device in a water body used for the landing or 1221 storage of a vessel or water craft. 1222 (s) *“Motel” means a commercial building or group of buildings in which lodging is provided to 1223 transient guests, offered to the public for compensation, and in which access to and from each 1224 room or unit is through an exterior door. 1225 (t) *“Motor home” means a motor vehicle originally designed, reconstructed, or permanently 1226 altered to provide facilities for human habitation, which include lodging, cooking, and sewage 1227 disposal, and enclosed within a solid body shell with the vehicle, but excluding a camper or similar 1228 unit constructed separately and affixed to a motor vehicle (RCW 46.04.305). 1229 (u) ***“Must” means a mandate; the action is required. 1230 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 34/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) “Multifamily dwelling” means a single building, or portion thereof, designed for or occupied by 1231 three or more families living independently of each other in separate dwelling units on one lot of 1232 record and, for the purpose of this program, includes triplexes, fourplexes, apartment buildings, and 1233 residential condominiums. 1234 (14) N Definitions. 1235 (a) *“National Register of Historic Places” means the official federal list, established by the National 1236 Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the 1237 nation’s history and prehistory, or whose artistic or architectural value is unique. 1238 (b) *“Native vegetation” means plant species that are indigenous to Jefferson County. 1239 (c) “Nearshore” means the estuarine delta/marine shoreline and areas of shallow water from the 1240 top of the coastal bank or bluffs to the water at a depth of about 10 meters relative to mean lower 1241 low water. 1242 (d) “Net pens” are finfish culturing systems that generally consist of two nets – an interior net to 1243 keep fish in and an exterior net to exclude predators. Net pens are typically anchored to the 1244 waterbody floor and suspended from the surface with a floatation structure; the netting continues 1245 above the water to a degree to stop fish from jumping out. Fish pen structures solely and directly 1246 established and managed for purposes of salmon enhancement and/or restoration are not 1247 considered net pens for purposes of this program. 1248 (e) “No net loss (NNL)” means the maintenance of the aggregate total of the county shoreline 1249 ecological functions over time. The no net loss standard contained in WAC 173-26-186 requires that 1250 the impacts of shoreline use and/or development, whether permitted or exempt from permit 1251 requirements, be identified and mitigated such that there are no resulting adverse impacts on 1252 ecological functions or processes. 1253 (f) *“Noise” means any sound not occurring in the natural environment which causes or tends to 1254 cause an adverse psychological or physiological effect on humans. This includes sounds arising from 1255 the amplification of noises generated by expected or permitted uses of a lot or structure. 1256 (g) “Nonconforming” means a use or development which conformed to the applicable codes in 1257 effect on the date of its creation but which no longer complies because of changes in code 1258 requirements. Nonconformity is different than and not to be confused with illegality (see “Illegal 1259 use”). 1260 (h) “Nonconforming lot” means a legal lot of record in existence prior to the effective date of this 1261 program and any amendments thereto, on which it is not possible to construct a primary structure 1262 outside of/landward of the standard shoreline buffer due to insufficient lot depth or width. Depth 1263 of lot is measured as the distance from ordinary high water mark to the farthest landward property 1264 line. Where the side property lines are not equal in length, lot depth is calculated as the mean of 1265 those two distances. A non-conforming depth is equal to the sum of: 1266 (i) Standard shoreline buffer per JCC 18.25.270(4)(d) 1267 (ii) Shoreline building setback per JCC 18.25.300(b) 1268 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 35/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) Common house depth, 40 feet1 1269 (iv) Frontage setback, per JCC 18.30.050, Table 6-1. 1270 An example is: standard marine shoreline buffer 150 feet + shoreline building setback 10 feet + 1271 common house depth 40 feet + frontage setback 20 feet = 220 feet. 1272 (i) *“Nonconforming structure” means a structure which does not conform to the dimensional 1273 regulations of this program, including but not limited to setback, buffer, height, lot coverage, 1274 density, and building configuration. 1275 (j) *“Nonconsumptive use” means a use which does not permanently deplete, degrade, or destroy 1276 the resource involved. 1277 (15) O Definitions. 1278 (a) “Ocean disposal uses” means the deliberate deposition or release of material at sea, such as 1279 solid wastes, industrial waste, radioactive waste, incineration, incinerator residue, dredged 1280 materials, vessels, aircraft, ordinance, platforms, or other man-made structures. 1281 (b) “Ocean energy production uses” means the production of energy in a usable form directly in or 1282 on the ocean rather than extracting a raw material that is transported elsewhere to produce 1283 energy in a readily usable form. Examples of these ocean uses are facilities that use wind, wave 1284 action or differences in water temperature to generate electricity. 1285 (c) “Ocean oil and gas uses and activities” involve the extraction of and exploration for oil and gas 1286 resources from beneath the ocean. 1287 (d) “Ocean mining” means such uses as the mining of metal, mineral, sand, and gravel resources 1288 from the sea floor. 1289 (e) “Ocean research activities” means scientific investigation for the purpose of furthering 1290 knowledge and understanding. Investigation activities involving necessary and functionally related 1291 precursor activities to an ocean use or development may be considered exploration or part of the 1292 use or development. 1293 (f) “Ocean salvage uses” share characteristics of other ocean uses and involve relatively small sites 1294 occurring intermittently. Historic shipwreck salvage which combines aspects of recreation, 1295 exploration, research, and mining is an example of such a use. 1296 (g) “Ocean transportation” means such uses as: Shipping, transferring between vessels, and 1297 offshore storage of oil and gas; transport of other goods and commodities; and offshore ports and 1298 airports. 1299 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. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 36/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (h) “Ocean use, new” means uses and developments that have not occurred or were not permitted 1300 within Washington’s Coastal waters prior to the completion of the Marine Spatial Plan for 1301 Washington’s Pacific Coast, as adopted June 2018. New uses, as defined by the MSP, are in-water 1302 uses, with potential adverse impacts to renewable resources or existing uses that have not been 1303 previously reviewed or authorized/permitted within the MSP study area. The MSP anticipates new 1304 ocean use proposals for activities such as renewable energy, dredged material disposal, mining, 1305 marine product harvesting, and offshore aquaculture operations. 1306 (i) “Ocean uses” mean activities or developments involving renewable and/or nonrenewable 1307 resources that occur on Washington's coastal waters and includes their associated off shore, near 1308 shore, inland marine, shoreland, and upland facilities and the supply, service, and distribution 1309 activities, such as crew ships, circulating to and between the activities and developments. Ocean 1310 uses involving nonrenewable resources include such activities as extraction of oil, gas and minerals, 1311 energy production, disposal of waste products, and salvage. Ocean uses which generally involve 1312 sustainable use of renewable resources include commercial, recreational, and tribal fishing, 1313 aquaculture, recreation, shellfish harvesting, and pleasure craft activity. 1314 (j) “Off-premises sign” means a sign situated on premises other than those premises to which the 1315 sign’s message is related. 1316 (k) ****“Offshore” means the sloping subtidal area seaward from the low intertidal. 1317 (l) “Off-site mitigation” means to replace shoreline resources at a location away from the site that is 1318 impacted by development. 1319 (m) “On-premises sign” means a sign situated on the premises to which the sign’s message is 1320 related. 1321 (n) *“On-site waste disposal” means any one of several means for disposal of sanitary waste on the 1322 property from which it is generated (e.g., septic tank and drainfield). 1323 (o) *“Open record hearing” means a hearing, conducted by a single hearing body or officer that 1324 creates the record through testimony and submission of evidence and information, under 1325 procedures prescribed by ordinance or resolution. An open record hearing may be held prior to the 1326 decision on a project permit and is to be known as an open record predecision hearing. An open 1327 record hearing may be held on an appeal, and is to be known as an open record appeal hearing, if 1328 no open record predecision hearing has been held on the project permit. 1329 (p) *“Open space” means lands committed to farming and forestry uses and any parcel, lot, or area 1330 of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public 1331 or private use or enjoyment. 1332 (q) *“Open space tax program” means a county program associated with property taxation. Land 1333 being used for agriculture may be enrolled in the tax program through the county assessor. The tax 1334 program is independent of land use designation (i.e., zoning) and these development regulations, 1335 except in the context of identifying existing and ongoing agriculture, as defined and regulated in this 1336 program. 1337 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 37/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (r) *“Operator” means any person who is in actual physical or electronic control of a powered 1338 watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine driven vehicle. 1339 (s) ***“Ordinary high water mark” or “OHWM” means that mark that will be found by examining 1340 the bed and banks and ascertaining where the presence and action of waters are so common and 1341 usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from 1342 that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it 1343 may naturally change thereafter, or as it may change hereafter in accordance with permits issued 1344 by Jefferson County or the Department of Ecology. On a site-specific basis, Department of Ecology 1345 has the final authority on determining where the ordinary high water mark is located (RCW 1346 90.58.030). 1347 (t) ****“Outer harbor line” means a line located and established in navigable waters as provided in 1348 Section 1 of Article 15 of the Washington State Constitution, beyond which the state shall never sell 1349 or lease any rights whatsoever to private persons. 1350 (u) *“Owner” means an individual, firm, business entity, trust, association, syndicate, partnership, 1351 or corporation having sufficient property interest to seek development of land. 1352 (v) *“Owner-occupied” means the residential occupancy of a building or property by the owner. 1353 (16) P Definitions. 1354 (a) *“Park” means a tract of land designated for and used by the public for recreation. 1355 (b) *“Parking lot” means an off-street, ground level open area, usually improved, for the temporary 1356 storage of motor vehicles. This includes ancillary components to the parking lot such as lighting, 1357 signage, electric vehicle charging stations, bike racks/lockers, and passenger loading areas/seating. 1358 “Primary use parking” means parking as a primary use; “accessory parking” is parking that supports 1359 a specific authorized shoreline use or development. 1360 (c) *“Parties of record” means the land use permit applicant; persons who have testified at the 1361 open record hearing; and any persons who have submitted written comments concerning the 1362 application that form part of the public record (excluding persons who only signed petitions or 1363 mechanically produced form letters). 1364 (d) *“Performance standard” means a set of criteria or limits relating to certain characteristics that 1365 a particular use or process may not exceed. 1366 (e) *“Permit center” means the Jefferson County department of community development. 1367 (f) *“Permit review” means the process of reviewing applications for project permits for consistency 1368 with the requirements of this program. 1369 (g) *“Permittee” means the entity to whom a permit is granted. 1370 (h) *“Person” means any individual, owner, contractor, tenant, partnership, corporation, business 1371 entity, association, organization, cooperative, public or municipal corporation, agency of a state or 1372 local governmental unit however designated, public or private institution, or an employee or agent 1373 of any of the foregoing entities. 1374 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 38/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) *“Pervious surface” means a surface that absorbs water. 1375 (j) “Pier” means a fixed platform structure supported by piles in a water body that abuts the shore 1376 to provide landing for water-dependent recreation or moorage for vessels or watercraft and does 1377 not include above water storage. 1378 (k) *“Planned rural residential development (PRRD)” means development characterized by a unified 1379 site design, clustered residential units, and areas of common open space pursuant to Article VI-M of 1380 Chapter 18.15 JCC. 1381 (l) *“Planning department” means the Jefferson County department of community development. 1382 (m) *“Plat” means a map or representation of a subdivision or short subdivision of land showing the 1383 division of a parcel of land into lots, roads, dedications, common areas, restrictions and easements, 1384 as regulated by Chapter 58.17 RCW and this program. 1385 (n) *“Playing field” means a land area designed and used for outdoor games, such as baseball, 1386 football, soccer, track events and tennis. It includes public outdoor swimming pools. 1387 (o) “Port” means a legal entity established for purposes of acquiring, constructing, maintaining, 1388 operating, developing and regulating harbor improvements, rail or motor vehicle transfer and 1389 terminal facilities, water transfer and terminal facilities, air transfer and terminal facilities, or any 1390 combination of such transfer and terminal facilities, and other commercial transportation, transfer, 1391 handling, storage and terminal facilities, and industrial improvements. 1392 (p) *“Predecision hearing, open record” means a hearing, conducted by the hearing examiner, that 1393 creates the county’s record through testimony and submittal of evidence and information, under 1394 procedures prescribed by the county by ordinance or resolution. An open record predecision 1395 hearing may be held prior to the county’s decision on a project permit (RCW 36.70B.020). 1396 (q) *“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing 1397 the general layout of streets, lots, blocks (if applicable) and other elements of a subdivision 1398 consistent with the provisions of this program. 1399 (r) “Preservation” means actions taken to ensure the permanent protection of existing, ecologically 1400 important areas that the county has deemed worthy of long-term protection. 1401 (s) “Primary association” means the use of a habitat area by a listed or priority species for 1402 breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a 1403 frequent and/or regular basis during the appropriate season(s) as well as habitats that are used less 1404 frequently/regularly but which provide for essential life cycle functions such as 1405 breeding/nesting/spawning. 1406 (t) *“Primary use” means the principal use of a property. 1407 (u) “Priority habitat” means a habitat type with unique or significant value to one or more species. 1408 An area classified and mapped as priority habitat must have one or more of the following attributes: 1409 comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish 1410 spawning habitat; important fish and wildlife breeding habitat; important fish or wildlife seasonal 1411 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 39/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited 1412 availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A 1413 priority habitat may be described by a unique vegetation type or by a dominant plant species that is 1414 of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority 1415 habitat may also be described by a successional stage (such as old growth and mature forests). 1416 Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, 1417 snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority 1418 fish and wildlife (WAC 173-26-020(24)). 1419 (v) “Priority species” means wildlife species of concern due to their population status and their 1420 sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife. 1421 (w) *“Prohibited use” means any use or activity which is specifically not allowed by this program. A 1422 prohibited use cannot be authorized through a variance or conditional use permit. 1423 (x) “Project” means any proposed or existing activity regulated by Jefferson County. 1424 (y) ****“Project area” means all areas at and around a proposed shoreline development that would 1425 be affected directly or indirectly by the proposal for which a project proponent is seeking approval 1426 under this master program, and not simply the immediate area involved in the project. That is, the 1427 project area may consist of an area larger than the affected lot or parcel. Direct effects are those 1428 caused by the proposed project and occur at the same time and place. Indirect effects are those 1429 caused by the proposed project and are later in time, but still are reasonably certain to occur. The 1430 shoreline administrator is vested with the authority to define the project area. 1431 (z) *“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title 1432 insurance policy insuring the status of an applicant as the owner in fee title to real property. 1433 (aa) “Proponent” means the owner, sponsor, authorized agent and/or permit applicant of any 1434 proposed use or development on or affecting shorelines of the state. 1435 (bb) *“Provision” means any written language contained in this program, including without 1436 limitation any definition, policy, goal, regulation, requirement, standard, authorization, or 1437 prohibition. 1438 (cc) “Pruning” means the removal of any of a tree’s living branches. 1439 (dd) “Public access” is a goal of the Shoreline Management Act that supports the public’s right to 1440 get to, view and use the state’s public waters, both saltwater and freshwater, the water/land 1441 interface and associated shoreline area. It includes physical access that is either lateral (areas 1442 paralleling the shore) or perpendicular (an easement or public corridor to the shore), and/or visual 1443 access facilitated by scenic roads and overlooks, viewing towers and other public sites or facilities. 1444 Public access can be established by easement or other means and may not always include a facility 1445 or structure. Public access is intended to connect people to public lands and waters, not to allow 1446 trespassing on private property. 1447 (ee) *“Public facilities (and services)” means facilities which serve the general public including 1448 streets, roads, ferries, sidewalks, street and road lighting systems, traffic signals, community water 1449 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 40/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations systems, community sewage treatment systems, storm sewer systems, parks and recreational 1450 facilities, and libraries (see RCW 36.70A.030). Some public facilities are essential public facilities. 1451 (ff) “Public interest” means the interest shared by the citizens of the state or community at large in 1452 the affairs of government, or some interest by which their rights or liabilities are affected including, 1453 but not limited to, an effect on public property or on health, safety, or general welfare resulting 1454 from adverse effects of a use or development. 1455 (gg) *“Public transportation systems” means public facilities for air, water, or land transportation. 1456 (hh) “Public use” means the use of any land, water, or building by a public agency for the general 1457 public, or by the public itself. 1458 (ii) “Public utility” means a use owned or operated by a public or publicly licensed or franchised 1459 agency that provides essential public services such as telephone exchanges, electric substations, 1460 radio and television stations, wireless communications services, gas and water regulation stations 1461 and other facilities of this nature. 1462 (17) Q Definitions. 1463 (a) “Qualified professional” or “qualified consultant” means a person with experience and training 1464 with expertise appropriate for the relevant subject. A qualified professional/consultant must have 1465 obtained a B.S. or B.A. degree or have appropriate education and experience. 1466 (b) “Qualified geotechnical engineer” means a professional engineering geologist or geotechnical 1467 engineer, licensed in the state of Washington. 1468 (18) R Definitions. 1469 (a) *“Rare, endangered, threatened and sensitive species” means plant and animal species 1470 identified and listed by the Washington State Department of Natural Resources, Washington 1471 Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S. Fish and 1472 Wildlife Service, as being severely limited or threatened with extinction within their native ranges. 1473 (b) *“RCW” means the Revised Code of Washington. 1474 (c) “Reach” means a section of shoreline and associated planning area that is mapped and described 1475 as a unit due to relatively homogenous characteristics that include land use and/or natural features, 1476 such as a drift cell location and other factors. 1477 (d) “Reasonably foreseeable,” in the context of this program and the Comprehensive Plan, means 1478 predictable by an average person based on existing conditions, anticipated build-out, and 1479 approved/pending permits. 1480 (e) “Recharge” means the process involved in the absorption and addition of water from the 1481 unsaturated zone to ground water. 1482 (f) “Reclamation” means, in accordance with RCW 78.44.031, rehabilitation for the appropriate 1483 future use of disturbed areas resulting from surface mining. 1484 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 41/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (g) *“Recording” means the filing of a document(s) for recordation with the county auditor. 1485 (h) *“Recreational development” means parks and facilities for camping, indoor and outdoor sports, 1486 and similar developments. 1487 (i) “Recreation, shoreline” means a private, commercial, or public activity intended for personal 1488 enjoyment and leisure. Most shoreline recreation occurs outdoors and can be either passive (such 1489 as observation or recording activities such as photography, painting, bird watching, viewing of water 1490 conditions or shoreline features, nature study and related activities) or active (such as: fishing, 1491 clamming, hunting, beach combing, rock climbing; boating, swimming, hiking, bicycling, horseback 1492 riding, camping, picnicking, and similar activities). Existing rules for health, safety and public 1493 conduct are not exempted by an action being deemed recreational. 1494 (j) “Reestablishment” means measures taken to intentionally restore an altered or damaged natural 1495 feature or process including: 1496 (i) Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their 1497 buffers to the functioning condition that existed prior to an unauthorized alteration; 1498 (ii) Actions performed to reestablish structural and functional characteristics of the critical area 1499 that have been lost by alteration, past management activities, or other events; and 1500 (iii) Restoration can include restoration of wetland functions and values on a site where 1501 wetlands previously existed, but are no longer present due to lack of water or hydric soils. 1502 (k) ****“Rehabilitation” means a type of restoration action intended to repair natural or historic 1503 functions and processes. Activities could involve breaching a dike to reconnect wetlands to a 1504 floodplain or other activities that restore the natural water regime. 1505 (l) “Renovation” means to restore to an earlier condition as by repairing or remodeling. 1506 “Renovation” shall include any interior changes to the building and those exterior changes that do 1507 not substantially change the character of the existing structure. 1508 (m) “Resident fish” means a fish species that completes all stages of its life cycle within freshwater 1509 and frequently within a local area. 1510 (n) “Residential development” means development of land with dwelling units for nontransient 1511 occupancy including single-family, multifamily, and creation of new residential lots by land division. 1512 For the purposes of this program, accessory dwelling units, satellite bedrooms, sheds, gazebos and 1513 other similar structures accessory to a dwelling unit shall also be considered residential 1514 development (see also “Dwelling unit” and “Accessory dwelling unit”). 1515 (o) *“Resource-based industrial” means a forest resource-based industrial land use designation that 1516 recognizes existing, active sawmills and related activities. 1517 (p) *“Resource lands” means agricultural, forest, and mineral lands that have long-term commercial 1518 significance. 1519 (q) *“Restoration” means the reestablishment or upgrading of impaired ecological shoreline 1520 processes or functions. This may be accomplished through measures including, but not limited to, 1521 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 42/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations revegetation, removal of fill, removal of intrusive shoreline structures and removal or treatment of 1522 toxic materials. Restoration does not imply a requirement for returning the shoreline area to 1523 aboriginal or pre-European settlement conditions. 1524 (r) *“Restriction” means a limitation placed upon the use of parcel(s) of land. 1525 (s) “Revetment” means a sloped wall constructed of rip-rap or other suitable material placed on 1526 stream banks or other shorelines to retard bank erosion and minimize lateral stream movement. 1527 (t) “Rip-rap” means dense, hard, angular rock free from cracks or other defects conducive to 1528 weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes. 1529 (u) “Riparian corridor, zone or area” means the area adjacent to a water body (stream, lake or 1530 marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area 1531 and/or fish and wildlife habitat by providing shade, fine or large woody material, nutrients, organic 1532 debris, sediment filtration, and terrestrial insects (prey production). Riparian areas include those 1533 portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with 1534 aquatic ecosystems (i.e., zone of influence). Riparian zones provide important wildlife habitat. They 1535 provide sites for foraging, breeding and nesting; cover to escape predators or weather; and 1536 corridors that connect different parts of a watershed for dispersal and migration. 1537 (v) ****“River” means a large natural stream of water emptying into any ocean, lake, or other body 1538 of water, and usually fed along its course by converging tributaries. 1539 (w) *“Road” means an improved and maintained public or private right-of-way which provides 1540 vehicular access to abutting properties, and which may also include provision for public utilities, 1541 pedestrian access, cut and fill slopes, and drainage. 1542 (x) *“Runoff” means water originating from rainfall and other precipitation that is found in drainage 1543 facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water. 1544 In addition, that portion of rainfall or other precipitation that becomes surface flow and interflow. 1545 (y) *“Rural lands” means the class of land use designations which are intended to preserve the rural 1546 character of the county. Rural land designations include the following: rural residential, rural 1547 commercial, and rural industrial. 1548 (z) *“Rural residential designation” means the land use designation in the Comprehensive Plan 1549 designed to recognize existing residential development patterns of the rural landscape and provide 1550 for a variety of residential living opportunities at densities which maintain the primarily rural 1551 residential character of an area. 1552 (19) S Definitions. 1553 (a) *“Sale” means the conveyance for consideration of legal or beneficial ownership. 1554 (b) *“Saltwater intrusion” or “seawater intrusion” means the underground flow of salt water into 1555 wells and aquifers. 1556 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 43/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) ****“Scientific and educational facilities” means those sites, structures, or facilities that provide 1557 unique insight into our natural and cultural heritage. Water-oriented facilities including but not 1558 limited to maritime education and training are part of scientific and educational facilities. 1559 (d) *“Screening” means a method of visually shielding or obscuring a structure or use from view by 1560 fencing, walls, trees, or densely planted vegetation.(e) *“Seaward” means to or toward the sea. 1561 (f) ****“Seawall” means a structure whose primary purpose is to protect the shore from erosion by 1562 water waves. Seawalls are similar but typically more massive than bulkheads because they are 1563 designed to resist the full force of waves. 1564 (g) “Sedimentation” means the process by which material is transported and deposited by water or 1565 wind. 1566 (h) “Setback” means the distance a building structure is placed behind a specified limit such as a lot 1567 line or shoreline buffer. 1568 (i) “Shared use” means a facility shared by two or more lots/parcels. This can apply to facilities for 1569 adjoining lots or facilities shared between waterfront and upland properties (e.g., beach access 1570 structure or boating facility). See also “Community dock/pier/float” and “Joint-use dock/pier/float.” 1571 (j) “Shellfish” means invertebrate organisms of the phyla Arthropoda (class Crustacea), Mollusca 1572 (class Pelecypoda) and Echinodermata. Shellfish possess a full, partial or vestigial hard outer shell, 1573 carapace or exoskeleton. Examples include, but are not limited to, crabs and shrimp, clams, oysters, 1574 mussels and other bivalves, snails, limpets, abalone and other single-shelled gastropods, and sea 1575 urchins, sea cucumbers, sea stars. 1576 (k) “Shellfish habitat conservation areas” are all public and private tidelands suitable for shellfish, as 1577 identified by the Washington Department of Health classification of commercial growing areas, and 1578 those recreational harvest areas as identified by the Washington Department of Ecology as 1579 designated as shellfish habitat conservation areas pursuant to WAC 365-190-80. Any area that is or 1580 has been designated as a shellfish protection district created under Chapter 90.72 RCW is also a 1581 shellfish habitat conservation area. 1582 (l) “Shore armoring” or “structural shoreline armoring” refers to the placement of bulkheads and 1583 other hard structures on the shoreline to provide stabilization and reduce or prevent erosion 1584 caused by wave action, currents and/or the natural transport of sediments along the shoreline. 1585 Groins, jetties, breakwaters, revetments, sea walls are examples of other types of shoreline 1586 armoring. 1587 (m) ***“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all 1588 directions as measured on a horizontal plane from and perpendicular to the ordinary high water 1589 mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all 1590 wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to 1591 the provisions of Chapter 173-22 WAC, as may be amended; the same to be designated as to 1592 location by the Department of Ecology, as defined by Chapter 90.58 RCW. 1593 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 44/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (n) ***“Shorelines” are all of the water areas of the state as defined in RCW 90.58.030, including 1594 reservoirs and their associated shorelands, together with the lands underlying them except the 1595 following, which are excluded: 1596 (i) Shorelines of statewide significance; 1597 (ii) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 1598 cubic feet per second (20 cfs) or less and the wetlands associated with such upstream 1599 segments; and 1600 (iii) Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. 1601 (o) “Shoreline conditional use” means a use, development, substantial development, or unclassified 1602 use that, owing to some special characteristics attendant to its typical operation or installation, may 1603 be allowed in certain circumstances when consistent with criteria specified herein. 1604 (p) “Shoreline conditional use permit” means a permit issued by Jefferson County and approved by 1605 Ecology stating that the land uses and activities meet all criteria set forth in this program, and all 1606 conditions of approval in accordance with the procedural requirements of this program. 1607 (q) “Shoreline jurisdiction” means all shorelines of the state and shorelands. 1608 (r) *“Shoreline Management Act (SMA)” means the Shoreline Management Act of 1971 (Chapter 1609 90.58 RCW), as amended. 1610 (s) “Shoreline master program” (“SMP” or “program”) means the Jefferson County shoreline master 1611 program. 1612 (t) **“Shoreline modification activities” means those actions that modify the physical configuration 1613 or qualities of the shoreline area, usually through the construction of a physical element such as a 1614 bulkhead, dock or other shoreline structure. They can include other actions, such as clearing, 1615 grading, or filling. 1616 (u) “Shoreline permit” means a shoreline substantial development permit (SSDP), a shoreline 1617 conditional use permit, or a shoreline variance, or any combination thereof issued by Jefferson 1618 County pursuant to Chapter 90.58 RCW. 1619 (v) “Shoreline stabilization” means nonstructural modifications to the existing shoreline intended to 1620 reduce or prevent erosion of uplands or beaches and/or influence wave action, currents and/or the 1621 natural transport of sediments along the shoreline. This includes use of bioengineering and other 1622 forms of vegetative stabilization. 1623 (w) ****“Shorelines of statewide significance (SSWS)” with respect to Jefferson County are 1624 identified as follows: 1625 (i) The area between the ordinary high water mark and the western boundary of the state, 1626 within Jefferson County and state of Washington jurisdiction, including harbors, bays, estuaries, 1627 and inlets. 1628 . 1629 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 45/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Those areas of Puget Sound and the Strait of Juan de Fuca between the ordinary high water 1630 mark and the line of extreme low tide, which are Hood Canal from Tala Point to Foulweather 1631 Bluff, south to the Mason-Jefferson County line. 1632 (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to 1633 the Canadian line and lying seaward from the line of extreme low tide. 1634 (iv) Those natural rivers or segments thereof downstream from a point where the mean annual 1635 flow is measured at 1,000 cubic feet per second or more. In Jefferson County these rivers 1636 include portions of the Bogachiel River, Clearwater River, Hoh River, and Quinault River. 1637 (v) Those shorelands associated with the areas described in subsection (19)(w) (i, ii, iii and iv) of 1638 this definition. 1639 (x) ***“Shorelines of the state” means the total of all shorelines and shorelines of statewide 1640 significance within Washington State. 1641 (y) *“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for 1642 record with the county auditor, and containing all elements and requirements set forth in Chapter 1643 18.35 JCC. 1644 (z) *“Should” means that the particular action is preferred unless there is a demonstrated, 1645 compelling reason, based on policy of the Act and this program, against taking the action (WAC 173-1646 26-020(32)). 1647 (aa) *“Sign” means any object, device, display or structure, or part thereof, situated outdoors or 1648 indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, 1649 institution, organization, business, product, service, event or location by any means, including 1650 words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Excluded 1651 from this definition are signs required by law, such as handicapped parking signs, and the flags of 1652 national and state governments. 1653 (bb) *“Sign, commercial or industrial” means a sign that directs attention to a business or 1654 profession, to a commodity or service sold, offered, or manufactured, or to an entertainment 1655 offered on the premises where the sign is located. 1656 (cc) “Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or 1657 ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes 1658 significant impacts to ecological functions provided by such vegetation. The removal of invasive or 1659 noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree 1660 topping, where it does not affect ecological functions, does not constitute significant vegetation 1661 removal. 1662 (dd) *“Single-family residence” means a dwelling unit designed for and occupied by no more than 1663 one family. 1664 (ee) Reserved. 1665 (ff) “Slope” means: 1666 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 46/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Gradient. 1667 (ii) The inclined surface of any part of the earth’s surface, delineated by establishing its toe and 1668 top and measured by averaging the inclination over at least 10 feet of vertical relief. 1669 (gg) *“Small-scale” means of a size or intensity which has minimal impacts on the surrounding area 1670 and which makes minimal demands on the existing infrastructure. 1671 (hh) “Soil” means all unconsolidated materials above bedrock described in the Soil Conservation 1672 Service Classification System or by the Unified Soils Classification System. 1673 (ii) *“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except 1674 wastes identified in WAC 173-304-015, including, but not limited to, junk vehicles, garbage, rubbish, 1675 ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts 1676 thereof, and discarded commodities, but excluding agricultural wastes and crop residues returned 1677 to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials which are not 1678 the primary products of public, private, industrial, commercial, mining and agricultural operations. 1679 Solid waste includes but is not limited to sludge from wastewater treatment plants and septage 1680 from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues from 1681 recycling operations shall be considered solid waste. 1682 (jj) ****“Solid waste handling and disposal facilities” means any land or structure where solid waste 1683 is stored, collected, transported, or processed in any form, whether loose, baled or containerized, 1684 including but not limited to the following: transfer stations, landfills, or solid waste loading facilities. 1685 Solid waste handling and disposal facilities do not include the following: handling or disposal of solid 1686 waste as an incidental part of an otherwise permitted use; and solid waste recycling and 1687 reclamation activities not conducted on the same site as and accessory to the handling and disposal 1688 of garbage and refuse. 1689 (kk) *“Solid waste disposal” means the act or process of disposing of rubbish and garbage. 1690 (ll) Reserved. 1691 (mm) “Spit” means an accretion shoreform that is narrow in relation to length and extends parallel 1692 to or curves outward from shore; spits are also characterized by a substantial wave-built sand and 1693 gravel berm on the windward side, and a more gently sloping silt or marsh shore on the lagoon or 1694 leeward side; curved spits are called hooks. 1695 (nn) *“Storage yard, outdoor” means an outdoor area used for the storage of equipment, vehicles 1696 or materials for periods exceeding 72 hours. 1697 (oo) ****“Stormwater” means rain or snow melt that does not naturally infiltrate into the ground 1698 but runs off surfaces such as rooftops, streets, or lawns, directly or indirectly, into streams and 1699 other water bodies or through constructed infiltration facilities into the ground. 1700 (pp) “Stream” means an area where surface waters produce a defined channel or bed. A defined 1701 channel or bed is an area that demonstrates clear evidence of the annual passage of water and 1702 includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined 1703 channel swales. The channel or bed need not contain water year round. This definition includes 1704 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 47/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations drainage ditches or other artificial water courses where natural streams existed prior to human 1705 alteration, and/or the waterway is used by anadromous or resident salmonid or other fish 1706 populations. 1707 (qq) “Strict construction” means an interpretation that considers only the literal words of a writing, 1708 as compared to liberal construction. 1709 (rr) *“Structure” means a permanent or temporary edifice or building or any piece of work 1710 artificially built up or composed of parts joined together in some definite manner, whether installed 1711 on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030). 1712 Retaining walls, bulkheads, fences, landscaping walls/decorative rockeries, and similar 1713 improvements to real property are examples of structures. Geoduck tubes are not considered 1714 structures for purposes of this program. 1715 (ss) *“Subdivision” means the division or redivision of land into lots, tracts, parcels, sites or divisions 1716 for the purpose of sale, lease or transfer of ownership. 1717 (tt) “Substantial development” means any development of which the total cost or fair market value 1718 exceeds $8,504 or as adjusted by the state legislature, or any development which materially 1719 interferes with the normal public use of the water or shorelines of the state; except the classes of 1720 development listed (a) through (l) under RCW 90.58.030(3)(e). 1721 (uu) ****“Substantially degrade” means to cause damage or harm to an area’s ecological functions. 1722 An action is considered to substantially degrade the environment under any of the following 1723 criteria: 1724 (i) The damaged ecological function or functions affect other related functions or the viability of 1725 the larger ecosystem; or 1726 (ii) The degrading action may cause damage or harm to shoreline ecological functions under 1727 foreseeable conditions; or 1728 (iii) Scientific evidence indicates that the action may contribute to damage or harm to 1729 ecological functions as part of cumulative impacts from similar permitted development on 1730 nearby shorelines. 1731 (vv) ****“Subtidal” means the area waterward of the line of extreme low tide. 1732 (ww) *“Sustainable” means actions or activities which preserve and enhance resources for future 1733 generations. 1734 (20) T Definitions. 1735 (a) *“Threatened species” means a species that is likely to become an endangered species within 1736 the foreseeable future, as classified by the Washington Department of Fish and Wildlife, the 1737 Department of Natural Resources, Washington Natural Heritage Program, or the federal 1738 Endangered Species Act. 1739 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 48/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) *“Threshold determination” means the decision by the responsible official under the State 1740 Environmental Policy Act (SEPA) regarding the likelihood that a project or other action (WAC 197-1741 11-704) will have a probable significant adverse impact on an element of the environment. 1742 (c) “Toe” means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, 1743 etc. 1744 (d) ***“Tombolo” means a causeway-like accretion spit connecting an offshore rock or island with 1745 the main shore, such as the formation that connects Hood Head to the southern shore of Paradise 1746 Bay, near the Hood Canal Bridge. 1747 (e) “Topping” means the removal of any part of a tree’s main stem. 1748 (f) “Trimming” means the removal of living plant matter from any type of vegetation and includes 1749 limbing, thinning, shaping, tree pruning and topping. 1750 (21) U Definitions. 1751 (a) “Unavoidable” means adverse impacts that remain after all appropriate avoidance and 1752 minimization measures have been implemented. 1753 (b) *“Uplands” means dry lands landward of OHWM. 1754 (c) *“Urban growth area (UGA)” means an area designated by the county within which urban 1755 growth is to be encouraged and outside of which growth is not intended to be urban in nature (cf., 1756 Chapter 36.70A RCW). 1757 (d) *“Use” means the purpose that land or building or structures now serve or for which they are or 1758 may be occupied, maintained, arranged, designed, or intended. 1759 (e) *“Utility distribution lines” means pipes, wires, and associated structural supports. This may 1760 include electric distribution. 1761 (f) * “Utilities” means services and facilities that produce, convey, store, or process power, gas, 1762 sewage, communications, oil, waste, and the like. On-site utility features serving a primary use, such 1763 as a water, sewer or gas line to a residence, stormwater facilities, or an electric vehicle charging 1764 station are "accessory utilities" and are considered a part of the primary use. 1765 (22) V Definitions. 1766 (a) *“Variance (or shoreline variance) permit” means a type of permit that can provide relief from 1767 the dimensional requirements of this program. A variance may only be granted when all of the 1768 criteria listed at WAC 173-27-170 are met. The variance is intended to allow only a minimum degree 1769 of variation from setback or other standards, just enough to afford relief and to allow a reasonable 1770 use of a property. Variances approved by Jefferson County must also be approved, denied, or 1771 approved with conditions by Ecology. 1772 (b) “Vegetation” means all live plant material, including native and nonnative, woody and 1773 herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial. 1774 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 49/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) “Vegetative debris” means all dead and downed plant material, naturally expired or portions of a 1775 plant removed intentionally, such as by trimming, resulting from native and nonnative, woody and 1776 herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial 1777 source. Examples include, but are not limited to, leaves, needles, branches, limbs, annual 1778 herbaceous growth, and grass clippings. A standing tree snag is not considered vegetative debris for 1779 the purposes of this program. 1780 (d) “Vegetation removal” means physical extraction, including the whole plant plus its root 1781 structure, or trimming in excess of that which a plant can survive even though the root structure is 1782 left in place, or chemical expiration of plant material. 1783 (e) “Vessel” means a floating structure that is designed primarily for navigation, is normally capable 1784 of self propulsion and use as a means of transportation, and meets all applicable laws and 1785 regulations pertaining to navigation and safety equipment on vessels, including, but not limited to, 1786 registration as a vessel by an appropriate government agency as per WAC 332-30-103. 1787 (f) *“Vicinity” means, in rural and resource lands, the area within one mile of the exterior boundary 1788 of a given parcel (JCC 18.10.220). 1789 (g) ****“View protection” means protection of the visual quality of the shoreline resource and 1790 maintenance of view corridors to and from waterways and their adjacent shoreland features. 1791 (23) W Definitions. 1792 (a) *“WAC” means the Washington Administrative Code. 1793 (c) ****“Waste disposal” means refuse composed of garbage, rubbish, ashes, dead animals, 1794 demolition wastes, automobile parts, and similar material. 1795 (d) **“Water-dependent use” means a use or portion of a use that requires direct contact with the 1796 water and cannot exist at a nonwater location due to the intrinsic nature of its operations. Ferry 1797 terminals, public fishing piers, marinas, and shellfish aquaculture are examples of water-dependent 1798 uses. Residential development is not a water-dependent use but is a preferred use of shorelines of 1799 the state. 1800 (e) **“Water-enjoyment use” means a recreational use or other use that facilitates public access to 1801 the shoreline as a primary characteristic of the use; or a use that provides for recreational use or 1802 aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic 1803 of the use and which through location, design, and operation ensures the public’s ability to enjoy 1804 the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, 1805 the use must be open to the general public and the shoreline-oriented space within the project 1806 must be devoted to the specific aspects of the use that fosters shoreline enjoyment. A restaurant or 1807 similar use may qualify as a water-enjoyment use, provided it includes public access to the 1808 shoreline. 1809 (f) “Water-oriented use” means any one or a combination of water-dependent, water-related or 1810 water-enjoyment uses and serves as an all-encompassing definition for priority uses under the Act. 1811 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 50/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (g) “Water quality” means the characteristics of water, including flow or amount and related 1812 physical, chemical, aesthetic, recreation-related, and biological characteristics. 1813 (h) **“Water-related use” means a use or portion of a use that is not intrinsically dependent on a 1814 waterfront location but depends upon a waterfront location for economic viability because of one 1815 of the following: 1816 (i) A functional requirement for a waterfront location such as the arrival or shipment of 1817 materials by water or the need for large quantities of water; or 1818 (ii) The use provides a necessary service supportive of the water-dependent activities and the 1819 proximity of the use to its customers makes its services less expensive and/or more convenient. 1820 Water-related uses include manufacturers of ship parts large enough that transportation 1821 becomes a significant factor in the product’s cost; professional services for primarily water-1822 dependent activities and storage of water-transported foods. Other examples of water-related 1823 uses may include the warehousing of goods transported by water, seafood processing plants, 1824 hydroelectric generating plants, gravel storage when transported by barge, oil refineries where 1825 transport is by tanker, and log storage for water-borne transportation. 1826 (i) “Watershed” means a geographic region within which water drains into a particular river, stream 1827 or body of water. 1828 (j) “Water system” means purveyors serving connections and providing water capacity per WAC 1829 246-290 . 1830 (k) “Waterward” means towards the water, often referenced as the direction from an existing or 1831 proposed structure or development or from the ordinary high water mark (OHWM). 1832 (l) ***“Wetlands” means areas that are inundated or saturated by surface water or ground water at 1833 a frequency and duration sufficient to support, and that under normal circumstances support, a 1834 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally 1835 include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands 1836 intentionally created for nonwetland sites, including, but not limited to, irrigation and drainage 1837 ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, 1838 and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally 1839 created as a result of the construction of a road, street, or highway. Wetlands may include those 1840 artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of 1841 wetlands. 1842 (m) “Windthrow” means a natural process by which trees are uprooted or sustain severe trunk 1843 damage by the wind. [Ord. 7-13 Exh. A (Art. II)] 1844 Article III. Master Program Goals 1845 18.25.110 Purpose. 1846 This article describes the overall goals of the master program, which apply to all uses and developments 1847 within shoreline jurisdiction regardless of the designated shoreline environment in which they occur. 1848 These goals are informed by Chapter 173-26 WAC and the governing principles described in Article I of 1849 this chapter. The general policies and regulations in Article VI of this chapter and the specific use policies 1850 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 51/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations and regulations in Articles VII and VIII of this chapter are the means by which these goals are 1851 implemented. Achievement of these goals shall be consistent with the state’s policies of avoiding 1852 cumulative impacts and ensuring no net loss of shoreline processes, functions, and values. These goals 1853 are not listed in order of priority. [Ord. 7-13 Exh. A (Art. III)] 1854 18.25.120 Conservation. 1855 (1) Purpose. As required by RCW 90.58.100(2)(f), the conservation goals address the protection of 1856 natural resources, scenic vistas, aesthetics, and vital shoreline areas for fisheries and wildlife for the 1857 benefit of present and future generations. 1858 (2) Goals. 1859 (a) Preserve, enhance and protect shoreline resources (i.e., wetlands, intertidal areas, and other fish 1860 and wildlife habitats) for their ecological functions and values, and aesthetic and scenic qualities. 1861 (b) Maintain and sustain natural shoreline formation processes through effective shoreline 1862 management. 1863 (c) Promote restoration and enhancement of areas that are biologically and/or aesthetically 1864 degraded while maintaining appropriate use of the shoreline. 1865 (d) Protect and enhance native shoreline vegetation to maintain water quality, fish and wildlife 1866 habitat, and other ecological functions, values and processes. 1867 (e) Foster environmental stewardship, preserve clean air and water, and protect fish and wildlife 1868 habitat. Anticipate and respond to climate change with mitigation and adaptation 1869 strategies.(County Comprehensive Plan Framework Goal VI) [Ord. 7-13 Exh. A (Art. III § 1)] 1870 18.25.130 Economic development. 1871 (1) Purpose. As required by RCW 90.58.100(2)(a), the economic development goals address the location 1872 and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other 1873 developments that are particularly dependent on their location on or use of the shorelines. 1874 (2) Goals. 1875 (a) Encourage viable, orderly economic growth through economic activities that benefit the local 1876 economy and are environmentally sensitive. Such activities should not disrupt or degrade the 1877 shoreline or surrounding environment. 1878 (b) Accommodate and promote water-oriented industrial and commercial uses and developments, 1879 giving highest preference to water-dependent uses. 1880 (c) Encourage water-oriented recreational use as an economic asset that will enhance public 1881 enjoyment of the shoreline. 1882 (d) Encourage economic development in areas already partially developed with similar uses when 1883 consistent with this program and the Jefferson County Comprehensive Plan. 1884 (e) Promote the heritage and culture of marine trades in Jefferson County. [Ord. 7-13 Exh. A (Art. III 1885 § 2)] 1886 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 52/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.140 Historic, archaeological, cultural, scientific and educational resources. 1887 (1) Purpose. As required by RCW 90.58.100(2)(g), these goals address protection and restoration of 1888 buildings, sites and areas having historic, archaeological, cultural, scientific, or educational significance. 1889 (2) Goals. 1890 (a) Maintain finite and irreplaceable links to the past by identifying, preserving, protecting, and 1891 where appropriate, restoring historic, archaeological, cultural, scientific, and educational (HACSE) 1892 sites. 1893 (b) Protect HACSE sites and buildings identified on national, state or local historic registers from 1894 destruction or alteration, and from encroachment by incompatible uses. 1895 (c) Acquire, where feasible, HACSE sites to ensure their protection and preservation for present and 1896 future generations. 1897 (d) Foster greater appreciation for shoreline management, maritime activities, environmental 1898 conservation, natural history and cultural heritage by educating and informing citizens of all ages 1899 through diverse means. 1900 (e) Ensure that tribal organizations and the State Office of Archaeology and Historic Preservation 1901 are involved in the review of projects that could potentially affect such resources. [Ord. 7-13 Exh. A 1902 (Art. III § 3)] 1903 18.25.150 Public access. 1904 (1) Purpose. As required by RCW 90.58.100(2)(b), the public access goals address the ability of the public 1905 to reach, touch, and travel on the shorelines of the state and to view the water and the shoreline from 1906 adjacent locations. 1907 (2) Goals. 1908 (a) Develop, adopt, and implement a shoreline public access plan that incorporates public access 1909 into new shoreline development, unifies individual public access points into a comprehensive 1910 system, and seeks new waterfront access points that can be acquired for public use. 1911 (b) Evaluate potential public access opportunities when reviewing all shoreline development 1912 projects except for individual single-family residential development projects. 1913 (c) Acquire property (i.e., through purchase, donation or other agreement) to provide public access 1914 to the water’s edge in appropriate and suitable locations. 1915 (d) Regulate shoreline use and development to minimize interference with the public’s use of the 1916 water and protect the public’s opportunity to enjoy the physical and aesthetic qualities of 1917 shorelines, including views of the water. 1918 (e) Expand opportunities for physical and visual public access to shorelines when such access can 1919 occur without human health, safety, and/or security risks, and without adverse effects on shoreline 1920 functions, processes, values, private property rights, and/or neighboring uses. 1921 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 53/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (f) Incorporate educational and interpretive signage and other tools into public access facilities to 1922 enhance the public’s understanding and appreciation of shoreline ecology, cultural history and 1923 maritime heritage. [Ord. 7-13 Exh. A (Art. III § 4)] 1924 18.25.160 Recreation. 1925 (1) Purpose. As required by RCW 90.58.100(2)(c), the recreation goals address the creation and 1926 expansion of water-oriented public recreational opportunities including, but not limited to, parks, 1927 tidelands, beaches, and ecological study areas. 1928 (2) Goals. 1929 (a) Encourage diverse recreational opportunities in shoreline areas that can support such use and 1930 development without human health, safety, and/or security risks, and without adverse effects on 1931 shoreline functions, processes, values, private property rights, and/or neighboring uses. 1932 (b) Plan for future shoreline recreation needs and acquire (i.e., through purchase, donation or other 1933 agreement) shoreline areas that have a high potential to provide recreation areas. 1934 (c) Provide for both active and passive recreational needs when developing recreational areas. 1935 (d) Support other governmental and nongovernmental efforts to acquire and develop additional 1936 shoreline properties for public recreational uses. [Ord. 7-13 Exh. A (Art. III § 5)] 1937 18.25.170 Restoration and enhancement. 1938 (1) Purpose. As required by WAC 173-26-186, the restoration and enhancement goals address 1939 reestablishment, rehabilitation and improvement of impaired shoreline ecological functions, values 1940 and/or processes. 1941 (2) Goals. 1942 (a) Improve shoreline functions, processes, and values over time through regulatory, voluntary and 1943 incentive-based public and private programs and actions that are consistent with the shoreline 1944 master program restoration plan and other agency adopted restoration plans. 1945 (b) Encourage cooperative restoration programs between local, state, and federal public agencies, 1946 tribes, nonprofit organizations, and landowners. 1947 (c) Provide fundamental support to restoration work by various organizations by identifying 1948 shoreline restoration priorities, and by organizing information on available funding sources for 1949 restoration implementation. 1950 (d) Implement actions that restore shoreline ecological functions, values and processes as well as 1951 shoreline features, improve habitat for sensitive and/or locally important species, and are 1952 consistent with biological recovery goals for threatened salmon populations and other species 1953 and/or populations for which a recovery plan is available. 1954 (e) Integrate restoration efforts with other parallel natural resource management efforts including, 1955 but not limited to, shellfish closure response plans and water quality cleanup plans. 1956 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 54/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (f) Increase the availability, viability and sustainability of shoreline habitats for salmon, shellfish, 1957 forage fish, shorebirds and marine seabirds, and other species. [Ord. 7-13 Exh. A (Art. III § 6)] 1958 18.25.180 Shoreline use. 1959 (1) Purpose. As required by RCW 90.58.100(2)(e), the shoreline use goals address the general 1960 distribution, location, and extent of housing, business, industry, transportation, agriculture, natural 1961 resources, aquaculture, recreation, education, navigation, and other categories of public and private 1962 land use. 1963 (2) Goals. 1964 (a) Ensure that shoreline use patterns are compatible with the ecological functions and values of the 1965 shoreline and avoid disruption of natural shoreline processes. 1966 (b) Increase protection of shoreline ecological resources by properly siting and regulating water-1967 dependent and residential uses that have preferred status for use of waterfront lands. 1968 (c) Encourage appropriate sustainable, low impact, and cluster development practices whenever 1969 feasible. 1970 (d) Encourage uses that allow for or include restoration so that areas affected by past activities or 1971 catastrophic events can be improved. 1972 (e) Ensure that all new development is consistent with the Land Use and Rural Element and other 1973 pertinent sections of the Comprehensive Plan and the Growth Management Act (Chapter 36.70A 1974 RCW). 1975 (f) Limit development intensity in ecologically sensitive and fragile areas. 1976 (g) Reduce health and safety risks by limiting development in areas subject to flooding, erosion, 1977 landslides, channel migration, and other hazards. 1978 (h) Reserve aquatic lands including tidelands for water-dependent uses. 1979 (i) Protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts 1980 by not permitting unrelated uses on these tidelands. 1981 (j) Encourage all use and development to address potential adverse effects of global climate change 1982 and sea level rise. 1983 (k) Allow residential, commercial, and industrial development in a manner that minimizes risk from 1984 flooding, earth movement, shoreline erosion, sea level rise, and other natural hazards. (County 1985 Comprehensive Plan Policy LU-P-7.2) 1986 (l) Ensure that land use decisions consider climate change, and are based on land use ordinances 1987 which are in compliance with the Critical Areas Ordinance and all applicable state environmental 1988 laws. (Comprehensive Plan Policy LU-P-7.1) 1989 (m) Develop information and action plans regarding impacts to land use from climate change, 1990 including protecting or moving infrastructure from inundation areas; review of hydrologic budgets 1991 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 55/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations and water impoundment and conservation measures for changing precipitation patterns; and 1992 protection of water quality from seawater intrusion or other pollutants to drinking water quality. 1993 (Comprehensive Plan Policy LU-P-7.3) 1994 (n) Promote climate change adaptation measures that: 1995 (i) prioritize retreat measures for new development or new infrastructure investments and allow 1996 for feasible planned relocations or realignments of existing development and infrastructure; 1997 (ii) accommodate shoreline uses and activities that are saltwater and flood tolerant; 1998 (iii) protect existing development and infrastructure that is consistent with this SMP and is 1999 infeasible to be relocated or realigned. [Ord. 7-13 Exh. A (Art. III § 7)] 2000 18.25.190 Transportation, utilities and essential public facilities. 2001 (1) Purpose. As required by RCW 90.58.100(2)(d), the transportation and essential public facilities goals 2002 address circulation and the general location and extent of thoroughfares, transportation routes, 2003 terminals, and other public utilities and facilities. 2004 (2) Goals. 2005 (a) Develop efficient and economical transportation systems and other essential public facilities in a 2006 manner that assures the safe movement of people and goods and that effectively provides other 2007 essential services without adverse effects on shoreline use and development or shoreline ecological 2008 functions, processes, or values. 2009 (b) Provide and/or enhance physical and visual public shoreline access along public roads (i.e., 2010 turnouts, viewpoints and rest areas) in accordance with the public access provisions of this 2011 program. 2012 (c) Provide for alternative modes of travel when developing circulation systems and ensure 2013 consistency with the Jefferson County nonmotorized transportation and recreational trails plan. 2014 (d) Locate, construct and maintain new transportation and other essential public facilities in areas 2015 that do not require shoreline stabilization, dredging, extensive cut/fill and other forms of shoreline 2016 alteration. 2017 (e) Identify road and public infrastructure developments that interfere with natural processes, 2018 require shoreline armoring, or have exorbitant maintenance needs. Prioritize relocation of such 2019 facilities to more environmentally sustainable and economically sensible locations. 2020 (f) Consider potential effects of climate change when making siting decisions for capital facilities, 2021 also with consideration of the land use and environment goals and policies of the Comprehensive 2022 Plan. (Comprehensive Plan Policy CF-P-4.3) 2023 [Ord. 7-13 Exh. A (Art. III § 8)] 2024 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 56/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Article IV. Shoreline Jurisdiction and Environment Designations 2025 18.25.200 Shoreline jurisdiction and mapping. 2026 (1) The provisions of this program shall apply to all shorelines of the state in unincorporated Jefferson 2027 County including all freshwater and saltwater shorelines, shorelines of statewide significance and all 2028 shorelands as defined in Article II of this chapter and RCW 90.58.030, also listed at JCC 18.25.890. These 2029 areas are collectively referred to herein as “shorelines.” The official shoreline map adopted with this 2030 program at JCC 18.25.870 shows the general location and approximate extent of such shorelines. As 2031 further described below, in the event discrepancies exist between the mapping and text of this program, 2032 the site-specific application of definitions shall prevail to determine precise and jurisdictional extent. 2033 County shall also rely on technical information in the Shoreline Inventory & Characterization Report 2034 (ICR), such as location of the 20 cfs upstream extent, especially for West End creeks/streams/rivers 2035 depicted in ICR Maps 1C and 31. The County has not opted to extend jurisdiction to include land for 2036 buffers for critical areas or additional portions of the 100-year floodplain, per RCW 90.58.030(d). 2037 (2) The official shoreline map shows the environment designations that apply to each segment of the 2038 shoreline planning area. The official shoreline map is for planning purposes only. It does not necessarily 2039 identify or depict the precise lateral extent of shoreline jurisdiction or all associated wetlands. The 2040 lateral extent of the shoreline jurisdiction at the parcel level shall be determined on a case-by-case basis 2041 at the time a shoreline development is proposed. The actual extent of shoreline jurisdiction requires a 2042 site-specific evaluation to identify the location of the ordinary high water mark and any associated 2043 wetlands. 2044 (3) The county shall maintain a Geographic Information Systems (GIS) database that depicts the 2045 coordinates for locating the upstream extent of shoreline jurisdiction (that is, the location where the 2046 mean annual stream flow is at least 20 cubic feet per second). The database shall also show the limits of 2047 the floodplain, floodway, and channel migration zones, and such information shall be used, along with 2048 site-specific information on the location of the ordinary high water mark and associated wetlands, to 2049 determine the precise lateral extent of shoreline jurisdiction on a parcel-by-parcel basis. The database 2050 shall be updated regularly as new information is made available and the public shall have access to the 2051 database upon request. 2052 (4) All areas within shoreline jurisdiction that are not mapped and/or not designated shall be designated 2053 conservancy until the area is redesignated through a master program amendment, except: 2054 (a) within the Quinault Indian Nation reservation where the upland designation shall be natural 2055 and the waterward designation shall be priority aquatic. 2056 (b) The shoreline environment designation in ocean coastal areas waterward of the ordinary 2057 high water mark (OHWM) extending to the westernmost boundary of the state of Washington 2058 shall be priority aquatic. 2059 (c) Riverine, stream and creek shorelines of the state in the west end shall be aquatic below the 2060 OHWM, and the upland designation shall be conservancy landward of OHWM. 2061 (5) If disagreement develops as to the exact location of a shoreline environment designation boundary 2062 line shown on the official shoreline map, the following rules shall apply: 2063 (a) Boundaries indicated as approximately following lot, tract, or section lines shall be so construed. 2064 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 57/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Boundaries indicated as approximately following roads or railways shall be respectively 2065 construed to follow their centerlines. 2066 (c) Boundaries indicated as approximately parallel to or extensions of features indicated in 2067 subsections (5)(a) and (b) of this section. 2068 (d) Whenever existing physical features are inconsistent with boundaries on the official shoreline 2069 map, the administrator shall interpret the boundaries, with deference to actual conditions. Appeals 2070 of such interpretations may be filed pursuant to the applicable appeal procedures described in 2071 Article X of this chapter. [Ord. 7-13 Exh. A (Art. IV § 1)] 2072 18.25.210 Shoreline environment designations – Purpose and criteria. 2073 (1) Shoreline environment designations have been developed as a part of this program in accordance 2074 with WAC 173-26-211. The designations provide a systematic, rational, and equitable basis upon which 2075 to guide and regulate use and development within specific shoreline planning areas. 2076 (2) Shoreline environment designations are based on the following general factors, not listed in order of 2077 priority: 2078 (a) The ecological functions and processes that characterize the shoreline, together with the degree 2079 of human alteration as determined by the November 2008 Final Shoreline Inventory and 2080 Characterization Report and subsequent technical analyses; and 2081 (b) The county’s goal of having coordinated planning for open space, public access and other 2082 aspects of shoreline management; and 2083 (c) Existing and planned development patterns, including county Comprehensive Plan designations; 2084 and 2085 (d) The county Comprehensive Plan goals for shorelines; and 2086 (e) The requirements outlined in WAC 173-26-211; and 2087 (f) Public demand for state-owned wilderness beaches, ecological study areas, and public access 2088 and recreational activities. 2089 (3) Shorelines in Jefferson County shall have one or more of the following designations: 2090 (a) Priority Aquatic (PA). 2091 (i) Purpose. The priority aquatic designation protects to the highest degree possible and, where 2092 feasible, restores waters and their underlying bedlands deemed vital for salmon and shellfish. 2093 (ii) Designation Criteria. The priority aquatic designation is assigned to the most vital salmon 2094 streams and nearshore areas and the highest value marine shellfish habitats waterward of the 2095 ordinary high water mark. These shorelines have one or more of the following qualities: 2096 (A) Documented Endangered Species Act-listed salmonid streams and marine habitats 2097 (summer chum, chinook, and steelhead); 2098 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 58/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (B) Estuaries that support Endangered Species Act-listed salmonid rearing; 2099 (C) Other freshwater shorelines that provide habitat for salmonid species (coho, fall chum, 2100 pink, and cutthroat) and are relatively undeveloped; 2101 (D) Intact drift cell processes (i.e., sediment source, transport, and deposition); 2102 (E) Documented forage fish spawning habitats (herring, surf smelt, sandlance); and/or 2103 (F) Important intertidal and subtidal shellfish areas (clam, oyster, crab, shrimp, and 2104 geoduck). 2105 (b) Aquatic (A). 2106 (i) Purpose. The aquatic designation protects, manages, and, where feasible, restores lake, 2107 stream, and marine waters and their underlying bedlands that are not designated as priority 2108 aquatic. 2109 (ii) Designation Criteria. The aquatic designation is assigned to all stream, lake and marine 2110 shoreline areas waterward of the ordinary high water mark if the area does not meet the 2111 criteria for the priority aquatic designation. 2112 (c) Natural (N). 2113 (i) Purpose. The natural designation protects from harm or adverse impact shoreline areas that 2114 are intact, have minimally degraded functions and processes, or are relatively free of human 2115 influence. 2116 (ii) Designation Criteria. The natural designation is assigned to shoreline areas landward of the 2117 ordinary high water mark if any of the following characteristics apply: 2118 (A) The shoreline is mostly ecologically intact and therefore currently performing an 2119 important or irreplaceable function or process that would be damaged by human activity; or 2120 (B) The shoreline, whether minimally disturbed or intact, represents an ecosystem type or 2121 geologic feature that is of particular scientific and/or educational interest; or 2122 (C) The shoreline contains undisturbed wetlands, estuaries, feeder bluffs, unstable slopes, 2123 coastal dunes, and/or accretional spits; or 2124 (D) The shoreline is unable to support new development or uses without significant adverse 2125 impacts to ecological functions or processes; or 2126 (E) The shoreline has the potential to regain natural conditions with minimal or no 2127 restoration activity; or 2128 (F) The shoreline possesses serious development limitations or human health and safety 2129 risks due to the presence of environmental hazards related to flooding, channel migration, 2130 erosion or landslides and similar occurrences. 2131 (d) Conservancy (C). 2132 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 59/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Purpose. The conservancy designation provides for sustained use of resource lands and 2133 other relatively undeveloped shorelines while protecting ecological functions, conserving 2134 natural, historic and cultural resources, and providing recreational opportunities. 2135 (ii) Designation Criteria. A conservancy designation is assigned to shoreline areas landward of 2136 the ordinary high water mark if they do not meet the criteria for the natural designation and if 2137 any of the following characteristics apply: 2138 (A) The shoreline is relatively undeveloped or currently supporting resource-based uses; or 2139 (B) The shoreline can support low impact outdoor recreational activities; or 2140 (C) The shoreline is predominantly low density rural residential use (RR 1:10, RR 1:20); or 2141 (D) The shoreline can support low density residential development and low intensity water-2142 oriented uses, including some commercial and industrial uses, without significant adverse 2143 impacts to shoreline functions or processes; or 2144 (E) The shoreline is a good candidate for ecological restoration. 2145 (e) Shoreline Residential (SR). 2146 (i) Purpose. The shoreline residential designation accommodates residential development and 2147 accessory structures that are properly located and designed, in areas where high density 2148 residential developments and services exist or are planned. 2149 (ii) Designation Criteria. The shoreline residential designation is assigned to shoreline areas 2150 landward of the ordinary high water mark if they do not meet the criteria for the natural, 2151 conservancy or high intensity environments, and if any of the following characteristics apply: 2152 (A) The shoreline is within an urban growth area (UGA); or master planned resort (MPR); or 2153 designated high density rural residential area (RR 1:5); or 2154 (B) The shoreline is predominantly high density (RR 1:5) single-family or multifamily 2155 residential development or is planned and platted for high density (RR 1:5) residential 2156 development. 2157 (f) High Intensity (HI). 2158 (i) Purpose. The high intensity designation ensures continued use of shorelines that are either 2159 presently used for commercial, industrial, or other high intensity nonresidential purposes or 2160 provide future economic development or recreational opportunities at a higher scale and 2161 intensity than can be achieved in more ecologically sensitive areas. 2162 (ii) Designation Criteria. The high intensity designation is assigned to shorelines landward of the 2163 ordinary high water mark if they do not meet the criteria for the natural, conservancy or 2164 shoreline residential environments if any of the following characteristics apply: 2165 (A) The shoreline is within an urban growth area (UGA), rural commercial area, or rural 2166 industrial area and is suitable for high intensity uses; or 2167 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 60/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (B) The shoreline is currently used for industrial, commercial or other high intensity 2168 nonresidential uses and is suitable for ongoing high intensity use. [Ord. 7-13 Exh. A (Art. IV § 2169 2)] 2170 18.25.220 Uses allowed in each shoreline environment designation. 2171 (1) Each shoreline environment designation shall be managed in accordance with its designated purpose 2172 as described in this section. Table 18.25.220 shows the permitted uses, conditional uses and prohibited 2173 uses for each environment designation. The requirements governing each use are described in Articles 2174 VI, VII and VIII of this program. The permit criteria are described in Article IX of this chapter and the 2175 administrative standards including the review procedures are described in Article X of this chapter. Table 2176 18.25.220 is intended to illustrate the text of the master program. In the event discrepancies exist, the 2177 text shall govern. 2178 Table 18.25.220 – Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation 2179 2180 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 XII 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 XII of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details. See the criteria at JCC 18.40.520 (2)(a) for determining whether a C(d) will be an administrative or hearing examiner process. X = Prohibited use. * = Exceptions and limitations may apply as noted in this program. See specific section for details. Shoreline Uses Environment Designations Waterward of OHWM Landward of OHWM Priority Aquatic Aquatic Natural Conservancy Shoreline Residential High Intensity Agriculture X X X* P P P Aquaculture: Aquaculture activities other than geoduck, in-water finfish, and upland finfish. P P P P P P Geoduck - new C* C* C* C(d)* C(d)* C(d)* Geoduck - expansion or conversion from non-geoduck to geoduck C* C(d)* C* C(d)* C(d)* C(d)* Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 61/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 XII 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 XII of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details. See the criteria at JCC 18.40.520 (2)(a) for determining whether a C(d) will be an administrative or hearing examiner process. 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 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: Public C(a)* P C(a)* P P P Private, accessory to single-family residential development X C(a)* X C(a) P P Private, other C(a) C(a) X X C(a) C(a) Boating Facilities: Boat launches (nonresidential) P* P* C(a)* P P P Boat launches (residential) X* P* C(a)* C(a) P P Docks, piers, floats, lifts (nonresidential) P* P* C(d)* C(a)* P* P Docks, piers, floats, lifts (residential) X* P* X C(a) P P Float plane moorage X C(d) X C(a) C(a) P Industrial piers P* P* X X X P Marinas X P* X C(d) C(d) P Mooring buoys P* P* C(a)* P P P Commercial Development: Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 62/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 XII 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 XII of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details. See the criteria at JCC 18.40.520 (2)(a) for determining whether a C(d) will be an administrative or hearing examiner process. 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 Water-dependent (recreation) C(d) P C(d) C(d) P P Water-dependent or water-related (nonrecreation) X X X C(d) P P Water-related (recreation) X P X X P P Water-enjoyment X X X C(d) P P Non-water-oriented X X X X* C(d) C(d) Dredging C(d) C(d) X* C(d) C(d) P Dredge Disposal C(d) C(d) X* C(d) C(d) C(d) Filling and Excavation C(d) C(d) X* C(d) P P Flood Control Structures C(d) C(d) X C(d) C(d) C(d) Forest Practices X X P P P P In-Stream Structures C(d) C(d) X* C(d) C(d) C(d) Industrial and Port Development: Water-oriented X C(d) X C(d) C(d)* P Non-water-oriented X X X X* X*/C(d) C(d) Mining X X X* X* X* C(d) Parking: Accessory to permitted use X X X* P/C(d) P/C(d) P/C(d) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 63/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 XII 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 XII of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details. See the criteria at JCC 18.40.520 (2)(a) for determining whether a C(d) will be an administrative or hearing examiner process. 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 Primary use X X X X X X Recreation: Water-oriented P* P* P* P* P P Non-water-oriented X X X X C(d) X Underwater parks C(a) C(a) N/A N/A N/A N/A Residential: Single-family (and normal appurtenances) X X C(a) P P P 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: Shoreline stabilization (nonstructural), including bioengineering and biostabilization P P P P P P Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 64/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 XII 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 XII of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details. See the criteria at JCC 18.40.520 (2)(a) for determining whether a C(d) will be an administrative or hearing examiner process. 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 Shore armoring (structural), river and marine – nonresidential C(a)* C(a)* C(a)* C(a)* C(a)* C(a)* Shore armoring (structural), river and marine – residential X X X C(a)* C(a)* C(a)* Shore (structural) armoring, lakes X X X X X X Signs P* P* X* P P P Transportation: Serving an allowed use C(d) C(d) X* P P P Not serving a specific allowed use C(d) C(d) X* C(d)* C(d)* C(d)* Utilities: Stormwater facilities, appurtenant to shoreline uses or in support of shoreline development C(a)* C(a)* P* P* P* P* 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) Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 65/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 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 XII 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 XII of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX, X, and XII of this chapter for definition, criteria and process details. See the criteria at JCC 18.40.520 (2)(a) for determining whether a C(d) will be an administrative or hearing examiner process. 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 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 energy C(d) N/A X C(d) C(d) C(d) Ocean disposal C(d) N/A N/A N/A N/A N/A Ocean mining C(d) N/A N/A N/A N/A N/A Ocean oil and gas X N/A N/A N/A N/A N/A Ocean research C(d) N/A N/A N/A N/A N/A Ocean salvage C(d) N/A N/A N/A N/A N/A Ocean transportation C(d) N/A N/A N/A N/A N/A 2181 [Ord. 7-13 Exh. A (Art. IV § 3)] 2182 Article V. Shorelines of Statewide Significance 2183 18.25.230 Adoption of policy. 2184 (1) In accordance with RCW 90.58.020, the county shall manage shorelines of statewide significance in 2185 accordance with this section and in accordance with this program as a whole. Preference shall be given 2186 to uses that are consistent with the statewide interest in such shorelines. Uses that are not consistent 2187 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 66/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations with this section or do not comply with the other applicable policies and regulations of this program 2188 shall not be permitted on shorelines of statewide significance. 2189 (2) In managing shorelines of statewide significance, Jefferson County shall give preference to uses in 2190 the following order of preference: 2191 (a) Recognize and protect the statewide interest over local interest; 2192 (b) Preserve the natural character of the shoreline; 2193 (c) Seek long-term benefits over short-term benefit; 2194 (d) Protect the resources and ecology of the shoreline; 2195 (e) Increase public access to publicly owned areas of the shoreline; 2196 (f) Increase recreational opportunities for the public in the shoreline; and 2197 (g) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 2198 [Ord. 7-13 Exh. A (Art. V § 1)] 2199 18.25.240 Designation of shorelines of statewide significance. 2200 As defined herein and consistent with RCW 90.58.030(2)(f), the following Jefferson County shorelines 2201 are designated shorelines of statewide significance: 2202 (1) Pacific Ocean – all areas from the northern County boundary near Teawhit Head to the southern 2203 County boundary near Queets extending seaward to the Washington western boundary; and 2204 (2) Rivers - portions of the Bogachiel, Clearwater, Hoh, and Quinault Rivers that are downstream from 2205 the point of 1,000 cubic feet per second mean annual flow, including shorelands; and 2206 (3) Hood Canal – all areas south of the line from Tala Point and Foulweather Bluff, between the ordinary 2207 high water mark and the line of extreme low tide, including shorelands; and 2208 (4) Puget Sound and the Strait of Juan de Fuca – all areas extending north to the Canadian boundary that 2209 are seaward of the line of extreme low tide. [Ord. 7-13 Exh. A (Art. V § 2)] 2210 18.25.250 Optimum Implementation. 2211 To ensure optimum implementation of the Act, including special emphasis on statewide objectives, 2212 consultation with state agencies, the variety of state interests, and a greater imperative for managing 2213 ecosystem-wide processes and ecological functions that sustain resources of statewide importance, the 2214 county shall review all development proposals within shorelines of statewide significance for 2215 consistency with RCW 90.58.020, WAC 173-26-251, this program, and the following management 2216 principles, which are listed in the order of preference established by JCC 18.25.230: 2217 (1) To recognize and protect the statewide interest over local interest: 2218 (a) Consult state and federal resource agencies, co-managers, and tribes about their applicable 2219 policies, programs, and recommendations for development proposals that affect anadromous fish, 2220 shellfish, marine birds, and other shoreline resources; 2221 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 67/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Solicit comments, opinions, and advice from individuals with expertise in ecology, oceanography, 2222 geology, limnology, aquaculture, and other scientific fields pertinent to a shoreline proposal’s 2223 nature, scale, or rarity. 2224 (2) To preserve the natural character of the shoreline: 2225 (a) Include restoration and/or enhancement of ecological conditions, if such opportunities exist, for 2226 shoreline development or redevelopment; 2227 (b) Reforest areas subject to commercial timber harvest under the Forest Practices Act and RCW 2228 90.58.150 as soon as possible and in accordance with the Forest Practices Act and the Forest and 2229 Fish Report; 2230 (c) Prefer uses that are sustainable, that do not deplete natural resources, and that are compatible 2231 with other approved uses over uses that do not have these qualities; 2232 (d) Promote the upgrade and redevelopment of those areas where intensive development already 2233 exists, in order to reduce their adverse impact on the environment and to accommodate future 2234 growth rather than allowing high intensity uses to extend into low intensity use or underdeveloped 2235 areas. 2236 (3) To seek long-term over short-term benefits: 2237 (a) Preserve the range of options for shoreline use to the maximum possible extent for succeeding 2238 generations. Do not permit development that consumes valuable, scarce or irreplaceable natural 2239 resources if alternative sites are available. 2240 (b) Evaluate the short-term economic gain or convenience of developments in relationship to long-2241 term and potentially costly impairments to the natural environment. 2242 (c) Actively promote aesthetic considerations when contemplating new development, 2243 redevelopment of existing facilities, or for the general enhancement of shoreline areas. 2244 (4) To protect the shoreline resources and ecology: 2245 (a) Prefer uses that require a shoreline location over non-water-dependent uses. Locate non-water-2246 oriented uses outside the shoreline jurisdiction or in areas where they will not interfere with or 2247 displace preferred uses or public access; 2248 (b) Protect commercial shellfish beds, areas that support recreation and tourism, and other 2249 economic resources of statewide importance; 2250 (c) Strictly regulate uses that have the potential to cause significant erosion and sedimentation due 2251 to excavation, land clearing, or other activities to prevent adverse impacts to shoreline functions 2252 and processes; 2253 (5) To increase public access to publicly owned areas of the shoreline: 2254 (a) Design all public access and recreation use and development to protect the ecological resources 2255 upon which such activities depend; and 2256 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 68/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Encourage public and private development to provide trails, viewpoints, water access points and 2257 water-related recreation opportunities where conditions are appropriate for such uses. 2258 (6) To increase public shoreline recreational opportunities: 2259 (a) Encourage development of water-dependent facilities for recreational use of the shorelines. 2260 (b) Locate development not requiring a waterside or shoreline location inland so that lawful public 2261 enjoyment of shorelines is enhanced. 2262 Article VI. General Policies and Regulations 2263 18.25.260 Applicability. 2264 The policies and regulations in this article apply to all uses and developments in all shoreline 2265 environments. The policies and regulations are not listed in order of priority. These policies and 2266 regulations: 2267 (1) Help to implement the master program goals in Article III of this chapter; and 2268 (2) Are informed by the governing principles in Article I of this chapter; and 2269 (3) Work in concert with all the other policies and regulations contained in this program; and 2270 (4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VI)] 2271 18.25.270 Critical areas, shoreline buffers, and ecological protection. 2272 (1) Policies. 2273 (a) All shoreline use and development should be carried out in a manner that avoids and minimizes 2274 adverse impacts on the shoreline environment. Uses and developments that may cause the future 2275 ecological condition to become worse than current condition should not be allowed. Use and 2276 development in areas that are ecologically valuable, hazardous, and/or possess rare or fragile 2277 natural features should be discouraged. Critical areas within shoreline jurisdiction should be 2278 protected to a level that assures no net loss of shoreline ecological functions necessary to sustain 2279 shoreline natural resources. 2280 (b) In assessing the potential for new uses and developments to cause adverse impacts, the county 2281 should take into account all of the following: 2282 (i) Effects on ecological functions and ecosystem processes; and 2283 (ii) Effects that occur on site and effects that may occur off site; and 2284 (iii) Immediate effects and long-term effects; and 2285 (iv) Direct effects of the project and indirect effects; and 2286 (v) Individual effects of the project and the incremental or cumulative effects resulting from the 2287 project added to other past, present, and reasonably foreseeable future actions; and 2288 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 69/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (vi) Compensatory mitigation actions that offset adverse impacts of the development action 2289 and/or use. 2290 (c) The county should recognize and honor buffers and setbacks established by existing plats, 2291 preliminary plats, issued permits, binding site plans (BSPs) and by development agreements that are 2292 consistent with Chapter 36.70B RCW. 2293 (d) The county should work with other local, state, and federal regulatory agencies and resource 2294 management agencies to ensure that mitigation actions carried out in support of this program are 2295 likely to be successful and achieve beneficial ecological outcomes. This includes assisting 2296 applicants/proponents in planning, designing and implementing mitigation. 2297 (e) Single-family residential development on nonconforming lots should not substantially impair the 2298 view of the adjacent residences. 2299 (2) Regulations – No Net Loss and Mitigation. 2300 (a) All shoreline use and development, including preferred uses and uses that are exempt from 2301 permit requirements, shall be located, designed, constructed, conducted, and maintained in a 2302 manner that maintains shoreline ecological processes and functions. 2303 (b) Uses and developments that cause a net loss of ecological functions and processes shall be 2304 prohibited. Any use or development that causes the future ecological condition to become worse 2305 than current condition shall be prohibited. 2306 (c) Proponents of new shoreline use and development shall employ measures to mitigate adverse 2307 impacts on shoreline functions and processes. 2308 (d) Mitigation shall include the following actions in order of priority: 2309 (i) Avoiding the impact altogether by not taking a certain action or parts of an action; 2310 (ii) Minimizing impacts by limiting the degree or magnitude of the action and its 2311 implementation by using appropriate technology or by taking affirmative steps to avoid or 2312 reduce impacts; 2313 (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 2314 (iv) Reducing or eliminating the impact over time by preservation and maintenance operations; 2315 (v) Compensating for the impact by replacing, enhancing, or providing substitute resources or 2316 environments; 2317 (vi) Monitoring the impact and the compensation projects and taking appropriate corrective 2318 measures. 2319 (e) Mitigation actions shall not have a significant adverse impact on other shoreline uses fostered by 2320 the policies of the Shoreline Management Act. 2321 (f) When compensatory mitigation measures are required, all of the following shall apply: 2322 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 70/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) The quality and quantity of the replaced, enhanced, or substituted resources shall be the 2323 same or better than the affected resources; and 2324 (ii) The mitigation site and associated vegetative planting shall be nurtured and maintained 2325 such that healthy native plant communities can grow and mature over time; and 2326 (iii) The mitigation shall be informed by pertinent scientific and technical studies, including but 2327 not limited to the Shoreline Inventory and Characterization Report (Final – Revised November 2328 2008), the Shoreline Restoration Plan (Final October 2008), and other background studies 2329 prepared in support of this program; and 2330 (iv) The mitigation shall replace the functions as quickly as possible following the impacts to 2331 ensure no net loss; and 2332 (v) The mitigation activity shall be monitored and maintained to ensure that it achieves its 2333 intended functions and values. The monitoring timeframes shall be consistent with the 2334 shoreline critical area provisions of this program, including JCC 18.22.740. 2335 (vi) The county shall require the applicant/proponent to post a bond or provide other financial 2336 surety equal to the estimated cost of the mitigation in order to ensure the mitigation is carried 2337 out successfully. The bond/surety shall be refunded to the applicant/proponent upon 2338 completion of the mitigation activity and any required monitoring. 2339 (g) Mitigation credit. To encourage shoreline property owners to remove bulkheads and perform 2340 other beneficial shoreline restoration actions in advance of shoreline development or 2341 redevelopment, the county may give mitigation credit to any beneficial restoration action that 2342 occurred within five years of the proposed development/redevelopment activity; provided, that: 2343 (i) The applicant/property owner can provide conclusive evidence of the pre- and post-2344 restoration conditions using photographs, reports, plans, affidavits, or similar evidence; 2345 (ii) The county can confirm via site inspection, photographs, affidavits or other evidence that 2346 the restoration actions have improved shoreline conditions; and 2347 (iii) The applicant/property owner provides assurances that the restoration area will be 2348 maintained in perpetuity. The assurance can be in the form of a notice on title, conservation 2349 easement, or similar mechanism. 2350 (h) Compensatory mitigation measures shall occur in the vicinity of the impact or at an alternative 2351 location within the same watershed or appropriate section of marine shoreline (e.g., reach or drift 2352 cell) that provides greater and more sustainable ecological benefits. When determining whether 2353 off-site mitigation provides greater and more sustainable benefits, the county shall consider limiting 2354 factors, critical habitat needs, and other factors identified by the locally adopted shoreline 2355 restoration plan (October 2008 or as updated), or an approved watershed or comprehensive 2356 resource management plan. The county may also approve use of alternative mitigation practices 2357 such as in-lieu fee programs, certified mitigation banks, and other similar approaches, provided they 2358 have been approved and sanctioned by the Department of Ecology, the Puget Sound Partnership, 2359 the Washington Department of Fish and Wildlife or the U.S. Army Corps of Engineers. 2360 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 71/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Land that is constrained by critical areas and/or buffers shall not be subdivided to create parcels 2361 that are only buildable through a shoreline variance or would be considered nonconforming. 2362 (3) Regulations – Cumulative Impacts. 2363 (a) The county shall consider the cumulative impacts of individual uses and developments, including 2364 preferred uses and uses that are exempt from permit requirements, when determining whether a 2365 proposed use or development could cause a net loss of ecological functions. 2366 (b) The county shall have the authority to require the applicant/proponent to prepare special 2367 studies, assessments and analyses as necessary to identify and address cumulative impacts 2368 including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, and 2369 other shoreline attributes. 2370 (c) Proponents of shoreline use and development shall take the following factors into account when 2371 assessing cumulative impacts: 2372 (i) Current ecological functions and human factors influencing shoreline natural processes; and 2373 (ii) Reasonably foreseeable future use and development of the shoreline; and 2374 (iii) Beneficial effects of any established regulatory programs under other local, state, and 2375 federal laws; and 2376 (iv) Mitigation measures implemented in conjunction with the proposed project to avoid, 2377 reduce and/or compensate for adverse impacts. 2378 (d) The county shall prohibit any use or development that will result in unmitigated cumulative 2379 impacts. 2380 (4) Regulations – Critical Areas and Shoreline Buffers. 2381 (a) Critical areas provisions of Chapter 18.22 JCC, dated March 10, 2020 (Ordinance No. 05-0310-20) 2382 are hereby incorporated by reference to become shoreline provisions of this program; however, the 2383 following exceptions shall prevail for actions occurring within shoreline jurisdiction: 2384 (i) JCC 18.22.230 (General exemptions) shall only apply in shoreline jurisdiction as allowed by 2385 JCC 18.25.560 (Exemptions listed) and other applicable provisions of this program; 2386 (ii) JCC 18.22.240 (Nonconforming uses and structures) shall only apply in shoreline jurisdiction 2387 as allowed by JCC 18.25.270 (Critical areas, shoreline buffers, and ecological protection), JCC 2388 18.25.660 (Nonconforming development), and other applicable provisions of this program; 2389 (iii) JCC 18.22.250 (Variance) shall only apply in shoreline jurisdiction as allowed by JCC 2390 18.25.580 (Variance permit criteria) and other applicable provisions of this program; 2391 (iv) JCC 18.22.260 (Reasonable economic use exceptions) shall not apply in shoreline 2392 jurisdiction; deviation from required buffers shall only be as specifically allowed by applicable 2393 provisions of this program or by shoreline variance per JCC 18.25.580; 2394 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 72/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) JCC 18.22.530(8)(b) (Geologically hazardous areas, building setback) shall not apply in 2395 shoreline jurisdiction, and is replaced by JCC 18.25.270(4)(d) and other applicable provisions of 2396 this program; 2397 (vi) JCC 18.22.630(5)(b) (Fish and wildlife habitat conservation areas, prescriptive buffers) Table 2398 18.22.630(1): Stream Buffers for Type “S” - Shoreline Streams, and Table 18.22.630(2): Buffers 2399 for Other FWHCAs (i.e. shoreline lakes, and marine waters) shall not apply, and are replaced by 2400 the standard buffers in JCC 18.25.270(4)(e) and other applicable provisions of this program; 2401 (vii) JCC 18.22.710(1) (Wetland delineation) shall only apply in shoreline jurisdiction when in 2402 accordance with the approved federal wetland delineation manual and applicable regional 2403 supplements. (b) In the event the shoreline critical area development or performance standards 2404 established in (4)(a) above are internally inconsistent with other standards and requirements in this 2405 program, the provisions most protective of shoreline and critical area resources and/or that best 2406 implement the policies of the SMA shall prevail. 2407 (c) Unless otherwise specified in this program, a shoreline buffer zone shall be established landward 2408 of all shorelines of the state to protect and maintain ecological functions and processes and to 2409 minimize risks to human health and safety. Critical area buffers shall apply to all critical areas 2410 located in the shoreline jurisdiction. All buffers shall be maintained in a predominantly natural, 2411 undisturbed, undeveloped, and vegetated condition. When a buffer extends across lawfully 2412 established paved roads or hardened surfaces, it may be considered functionally isolated from the 2413 shoreline or critical area such that it provides insignificant biological or hydrological function. For 2414 any given situation, the administrator may make that determination or require a special report to 2415 assess whether the buffer on the upland side of the road or surface is functionally isolated from the 2416 shoreline or critical area. If the report concludes and the administrator agrees that the upland 2417 buffer area provides insignificant biological or hydrological function, then the road or surface edge 2418 closest to the shoreline or critical area shall be the outer limit of a reduced buffer. See Section JCC 2419 18.25.300 for required building setbacks from shoreline and critical area buffers. See Section JCC 2420 18.25.300 for required building setbacks from shoreline and critical area buffers. 2421 (d) Standard Shoreline Buffer. The standard shoreline buffer shall be measured landward in a 2422 horizontal direction perpendicular to the ordinary high water mark (OHWM) of the shoreline water 2423 body, and is a three dimensional space that includes the airspace above, as follows: 2424 (i) Marine Shores. A minimum buffer of 150 feet shall be maintained in all shoreline 2425 environments. 2426 (ii) Lake Shores. A minimum buffer of 100 feet shall be maintained in all shoreline 2427 environments. 2428 (iii) Stream/River Shores. A minimum buffer of 150 feet shall be maintained in all shoreline 2429 environments. 2430 (e) Pre-existing Shoreline Buffer/Setback. The county shall recognize and apply a buffer and/or 2431 setback specifically established for the subject lot/parcel by a legal existing plat, preliminary plat, 2432 unexpired issued permit, binding site plan (BSP), or a development agreement that is consistent 2433 with Chapter 36.70B RCW shall prevail over the standard buffer and/or setback required by this 2434 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 73/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations program. When less than the standard distance, a pre-existing buffer may be averaged as allowed 2435 by this program, but not be further reduced without a variance. 2436 (f) Multiple Buffers. In the event that buffers for any shorelines and/or critical areas are contiguous 2437 or overlapping, the landward-most edge of all such buffers and setbacks shall apply. 2438 (g) Buffer Condition. The area within a required shoreline buffer shall be kept in a sufficiently 2439 vegetated condition so as to ensure it protects and maintains the existing ecological functions. 2440 Existing native vegetation shall be retained, and planting of native vegetation is preferred. 2441 (h) Buffer Usage. When located to avoid areas of noted sensitivity and habitat, an area shall be 2442 permitted for “active use” within an approved buffer, provided the area does not exceed the 2443 greater of 20 percent of the required buffer area or 15 linear feet of the water frontage. “Active 2444 use” of a buffer may include minor vegetation alteration for lawn, views, or a pervious 2445 trail/pathway per JCC 18.25.310, and necessarily sited portions of an accessory utility, boating 2446 facility or beach access structure per JCC 18.25.270(5)(d) and other applicable provisions. ‘Active 2447 use’ does not include a patio, detached deck, gazebo, outdoor kitchen, garden hardscaping, 2448 shed/storage, or other impervious surfaces or structural improvements. Such allowed ‘active use’ 2449 features should be clustered to minimize buffer impacts. This regulation shall not apply 2450 retroactively to legal pre-existing uses or structures except when new use or development is 2451 proposed. Applicant shall clearly describe any proposed ‘active use’ features and accurately depict 2452 them in the site plan. 2453 (i) Buffer Reduction or Averaging. Proposals that request a decrease in the standard shoreline buffer 2454 of this program shall not require a shoreline variance if all of the shoreline critical area approval 2455 criteria in JCC 18.22.640(1) and (2) are met, with the addition of a 50% maximum buffer reduction 2456 in JCC 18.22.640(1)(b). All other shoreline buffer reduction or shoreline buffer averaging proposals 2457 shall require a shoreline variance. 2458 (j) Increased Buffers. An increase in buffer width shall be required upon determination that the 2459 development would be: 2460 (i) Susceptible to severe erosion resulting in adverse impacts to the shoreline; or 2461 (ii) Susceptible to health and safety risks caused by stream or river channel migration; or 2462 (iii) Susceptible to health and safety risks caused by flooding – from sea, river/stream; or 2463 (iv) On steeply sloped (greater than 25 percent) land adjacent to the ordinary high water mark. 2464 (k) Alternative Protection via Critical Areas Stewardship Plans (CASPs). If a proponent of a shoreline 2465 use or development proposes to modify the standard shoreline buffer width using the CASP 2466 standards of this program described in JCC 18.22.965, such buffer modification shall require a 2467 shoreline variance. If the proposed CASP buffer modification is for a wetland or fish and wildlife 2468 habitat conservation area that is physically separated from the SMA-regulated waterbody, no 2469 shoreline variance shall be required. 2470 (5) Regulations – Exceptions to Shoreline Buffer Standards. 2471 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 74/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Nonconforming Lots – Development Allowed without a Variance (Modest Home Provision). 2472 Single-family development, either new or replaced, on a nonconforming lot may encroach into the 2473 standard shoreline buffer without a shoreline variance when: 2474 (i) The lot is nonconforming as defined by this program at JCC 18.25.100 (14)(h) and the depth 2475 of the lot is equal to or less than the standard shoreline buffer, setbacks, and dimensions 2476 required by subsection JCC 18.25.100(14)(h) and (4)(e) of this section; and 2477 (ii) The building area as defined in JCC 18.25.100(x)(iii) is not more than 2,500 square feet, the 2478 driveway is not more than 1,100 square feet, and both meet required side yard and/or frontage 2479 setbacks unless varied under (v) below. The driveway may traverse the frontage setback to 2480 provide access in a practicable and efficient manner. The building area means the entire area 2481 that will be disturbed to construct the home, normal appurtenances (except drainfields), and 2482 landscaping; and 2483 (iii) Appropriate measures are taken to mitigate all adverse impacts, including using low impact 2484 development measures such as pervious pavement for driveways and other hard surfaces; and 2485 (iv) Opportunities to average or reduce the standard shoreline buffer per (4)(j) above, and/or to 2486 vary the side yard and/or frontage setbacks are implemented to alleviate or reduce the 2487 nonconformity when doing so will not create a hazardous condition or a condition that is 2488 inconsistent with this program and Chapter 18.30 JCC; and 2489 (v) The residence is located in the least environmentally damaging location relative to the 2490 shoreline and any critical areas; and 2491 (vi) There is no opportunity to consolidate lots under common ownership that will alleviate the 2492 nonconformity; and 2493 (vii) The lot is not subject to geologic hazards, or the proposed development is demonstrated in 2494 a report prepared by a qualified geotechnical engineer to neither be at risk from nor to increase 2495 risk of landslides or erosion on and off the site, and is not a no-bank marine shoreline at risk for 2496 impacts of sea level rise; and 2497 (viii) The standard shoreline buffer is reduced by the minimum necessary to ensure that all 2498 structures are as far landward as possible and not closer than 30 feet from the ordinary high 2499 water mark. The standard building setback of JCC 18.25.300 still applies to the reduced buffer; 2500 and 2501 (ix) At least 80 percent of the remaining buffer area between the structures and the shoreline is 2502 maintained in a naturally vegetated condition or, if not fully vegetated, enhanced by planting native 2503 vegetation per the applicable planting standards of JCC 18.25.660(11). 2504 (b) Reserved. 2505 (c) Nonconforming Lots – Development Requiring a Variance. Development on nonconforming lots 2506 that do not meet the requirements of subsection (5)(a) or (b) of this section require a shoreline 2507 variance. 2508 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 75/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (d) Water-Oriented Uses/Development. When otherwise consistent with this program, the 2509 following water-oriented uses/developments may be permitted within a shoreline buffer without a 2510 shoreline variance. The amount and extent of buffer modification shall be the minimum needed to 2511 accommodate the allowed use/development. This allowance for water-oriented 2512 uses/developments within shoreline buffers without a shoreline variance may apply to the primary 2513 use and/or to the following accessory uses/structures: 2514 (i) Primary uses and structures that meet the definition of a water-dependent or water-related 2515 use/development as defined in Article II of this chapter. 2516 (ii) Boating facilities accessory to a single-family residential development including rails, docks, 2517 piers and floats; 2518 (iii) Boathouses accessory to a single-family residential development; provided, that all of the 2519 following are met: 2520 (A) The boathouse is used to store watercraft and shall not be used as or converted to a 2521 dwelling unit. The county shall require a notice on title indicating such; and 2522 (B) The boathouse has a maximum footprint of 300 square feet and a maximum height of 15 2523 feet above average grade; and 2524 (C) The primary doorway/entryway faces the water; and 2525 (D) The structure is located entirely landward of the ordinary high water mark. 2526 (iv) Public or private beach access structures accessory to residential, commercial, industrial, 2527 port or other allowed uses/development; and 2528 (v) Public access structures, including but not limited to docks, piers, floats; and 2529 (vi) Certain utilities and essential public facilities as allowed by the shoreline critical area 2530 provisions specified in JCC 18.25.530. [Ord. 7-13 Exh. A (Art. VI § 1)] 2531 (e) Nonconforming Septic Replacement. The replacement of an existing on-site sewage (OSS; or 2532 ‘septic’) system located in the buffer may be authorized as normal repair and maintenance if all the 2533 following criteria are met: 2534 (i) The existing 0SS system qualifies as a legal nonconforming structure as defined in this 2535 Program; 2536 (ii) The proposed replacement is necessary to prevent the decline, lapse, or cessation from a 2537 lawfully established condition; 2538 (iii) New tank, drainfield, and reserve drainfield areas are sited to pose the least intrusive 2539 location given system design constraints and site constraints, including but not limited to 2540 existing legal development, critical areas, and topographical constraints; 2541 (iv) The new 0SS system is for replacement of a damaged/failed 0SS system with the equivalent 2542 capacity of the nonconforming system and is comparable in size, shape, and configuration; and 2543 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 76/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) The replacement system does not increase the degree of nonconformity, except when 2544 design elements are necessary to improve environmental conditions; and 2545 (vi) The footprint of the replacement system, including all components such as tank, drainfield, 2546 and reserve area, is counted toward the ‘active use area’ of the buffer per subsection (4)(i) of 2547 this section. 2548 (f) Stormwater Facilities. Stormwater facilities are development and may be considered part of the 2549 primary use when located on site as an accessory utility feature, as defined by this program. When 2550 location outside the shoreline buffer is infeasible, Administrator may allow stormwater facilities to 2551 locate in the buffer only as follows: 2552 (i) Applicant must demonstrate: 2553 A. The stormwater facility is either: a normal appurtenance for an SDP exempt single-2554 family residential structure; or a utility serving a new, existing legal, or legal-2555 nonconforming primary use; and 2556 B. Conveyance, discharge and/or infiltration cannot be accommodated on site landward 2557 of the buffer consistent with shoreline critical area protection standards for erosion 2558 control. This shall be substantiated by a geotechnical report and/or engineered 2559 stormwater plan. Per JCC 18.30.070(a), a stand-alone engineered stormwater plan 2560 prepared by a geotechnical professional who meets the qualifications in JCC 18.10.070 2561 may be accepted by the administrator; and 2562 C. Any stormwater improvement is otherwise consistent with shoreline critical area 2563 protection standards. This shall be substantiated by a critical areas special report 2564 approved by the administrator; and 2565 D. The footprint of the new or improved stormwater facility is counted toward the 2566 ‘active use area’ of the buffer per subsection (4)(i) of this section. 2567 (ii) Conveyance/Discharge – Stormwater tightline and outfall pipes shall be designed and 2568 installed to meet the following criteria: 2569 A. Qualified Professional. Location within the shoreline buffer and/or within a 2570 geologically hazardous area buffer if a qualified geotechnical or stormwater 2571 engineer submits a signed and stamped report with supporting analysis that 2572 recommends locating such development within the buffer; 2573 B. Above Ground. Installation to be principally above ground and landward of the 2574 ordinary high water mark; and 2575 C. Minimize vegetation and soil disturbance. Installation shall include restoration or 2576 enhancement of native vegetation and limit the use of surface anchors. Use of hard 2577 armor shall be prohibited to ensure scour protection. 2578 (iii)Improvements to Existing – Improvements to retrofit or replace an existing stormwater 2579 facility in the buffer that is failing, damaged, substandard, or non-conforming may be authorized 2580 as normal repair when all of the following criteria are met: 2581 A. Applicant demonstrated that replacement is the needed repair, and how retrofitting 2582 or a comparable replacement will improve consistency with current stormwater 2583 standards, especially low impact development techniques, and avoid future 2584 shoreline erosion, vegetation disturbance, and habitat damage; 2585 B. Redesign and reconstruction ensure the replacement will not further encroach the 2586 shoreline buffer or a critical area buffer specified by a geotechnical report; and 2587 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 77/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations C. When a replacement is processed per JCC 18.25.550, such as statements of 2588 exemption shall contain conditions and/or mitigating performance measures per 2589 JCC 18.25.270 to achieve consistency and compliance with the provisions of this 2590 program and Act. 2591 (iv)When allowed to located in the buffer as described above: 2592 A. The footprint shall count towards the ‘active use’ area allowed by JCC 2593 18.25.270(4)(i) Buffer Usage; and 2594 B. The stormwater facility may also locate in and/or pass through the required building 2595 setback. 2596 2597 18.25.280 Historic, archaeological, cultural, scientific and educational resources. 2598 (1) Policies. 2599 (a) Historic, archaeological, cultural, scientific and educational (HACSE) sites and resources should 2600 be protected, preserved, and where possible, restored. All use and development on sites containing 2601 HACSE resources should be planned and carried out so as to prevent adverse impacts to the 2602 resource(s). 2603 (b) To prevent adverse impacts on HACSE resources, proponents of all new shoreline use and 2604 development should consult the county department of community development prior to beginning 2605 any project or activity. 2606 (c) Tribal, federal, state, educational institutions and local governments should cooperate to 2607 maintain an inventory of all known significant local HACSE sites and resources. 2608 (d) The location of historic, cultural and/or archaeological sites/resources should not be disclosed to 2609 the general public, consistent with applicable state and federal laws. 2610 (e) When HACSE sites/resources occur on public lands they should be accessible to the public and 2611 used for research or educational purposes consistent with the public access provisions of this 2612 program and applicable tribal access policies. Private owners of HACSE sites/resources are 2613 encouraged to provide access and educational opportunities when appropriate. 2614 (f) If development is proposed adjacent to an identified HACSE site/resource, then the proposed 2615 development should be designed and operated so as to be compatible with continued protection of 2616 the site/resource. 2617 (2) Regulations – General Regulations. 2618 (a) Proponents of new shoreline use and development, including preferred uses and uses exempt 2619 from permit requirements, shall: 2620 (i) Preserve and protect historic, archaeological and cultural resources that are recorded by the 2621 Washington State Department of Archaeology and Historic Preservation and resources that are 2622 inadvertently discovered during use or development activities; and 2623 (ii) Consult the county department of community development, the Washington State 2624 Department of Archaeology and Historic Preservation, affected tribes, and/or other 2625 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 78/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations appropriate agencies prior to beginning development so there is ample time to assess the site 2626 and make arrangements to preserve historical, cultural and archaeological resources; and 2627 (iii) Comply with all state and federal regulations pertaining to archaeological sites. 2628 (b) All feasible means shall be employed to ensure that data, structures, and sites having historical, 2629 archaeological, cultural, scientific, or educational significance are preserved, extracted, or used in a 2630 manner commensurate with their importance. 2631 (c) Excavations for archaeological investigations or data recovery may be permitted subject to the 2632 provisions of this program. 2633 (d) The county shall prohibit any use or development that poses a threat to a HACSE resource. 2634 Alternatively the county shall require the development to be postponed to allow for: 2635 (i) Coordination with potentially affected tribes and/or the State Department of Archaeology 2636 and Historic Preservation; and/or 2637 (ii) Investigation of public acquisition potential; and/or 2638 (iii) Retrieval and preservation of significant artifacts. 2639 (3) Regulations – Procedural Requirements. 2640 (a) When the county receives a permit application or request for a statement of exemption for 2641 development on a property within 500 feet of a known or probable historic, archaeological, or 2642 cultural site, the county shall: 2643 (i) Notify and inform affected tribes and agencies such as the State Department of Archaeology 2644 and Historic Preservation of the proposed activity including timing, location, scope, and 2645 resources affected; and 2646 (ii) Require the applicant to provide a cultural resource site assessment prior to development 2647 unless the administrator determines that the proposed development activities do not include 2648 any ground disturbing activities and will not impact a known HACSE site/resource. 2649 (b) If a cultural resource site assessment identifies the presence of significant historic or 2650 archaeological resources, a cultural resource management plan (CRMP) shall be required. The plan 2651 shall include: 2652 (i) An analysis of actions to be taken by the property owner, developer, archaeologist, or 2653 historic preservation professional, in the event that an inadvertent discovery of historic, 2654 archaeological, or cultural sites or artifacts occurs during site development; and 2655 (ii) An explanation of why the proposed activity requires a location on, or access across and/or 2656 through, a significant historic or archaeological resource; and 2657 (iii) A description of the historic/archaeological resources affected by the proposal; and 2658 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 79/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) An assessment of the historic/archaeological resource and an analysis of the potential 2659 adverse impacts as a result of the activity; and 2660 (v) Recommended measures to prevent adverse impacts; and 2661 (vi) Comments from the Washington State Department of Archaeology and Historic 2662 Preservation, and affected tribes. 2663 (c) Site assessments and CRMPs required by this section shall be prepared by a professional 2664 archaeologist or historic preservation professional, as applicable. The landowner or project 2665 proponent shall be responsible for any professional service fees. 2666 (d) The administrator may reject or request revision of the conclusions reached in a CRMP when 2667 she/he can demonstrate that the assessment is inaccurate or does not fully address the 2668 management concerns involved. 2669 (e) Where public access is provided to any private or publicly owned building or structure of 2670 historic, archaeological or cultural significance, a public access management plan shall be developed 2671 in consultation with the Washington State Department of Archaeology and Historic Preservation, 2672 affected tribes and/or other agencies, to address the following: 2673 (i) The type and/or level of public access that is consistent with the long-term protection of 2674 both historic resource values and shoreline ecological functions and processes; and 2675 (ii) Types and location of interpretative signs, displays and other educational materials; and 2676 (iii) Site- and resource-specific conditions, including hours of operation, interpretive and/or 2677 directional signage, lighting, pedestrian access, and/or traffic and parking. 2678 (f) If any phenomena of possible historic, archaeological and/or cultural interest are inadvertently 2679 discovered during any new shoreline use or development, the proponent shall immediately stop 2680 work and comply with all of the following: 2681 (i) Notify the county department of community development, Washington State Department of 2682 Archaeology and Historic Preservation, affected tribes, and other appropriate agencies; 2683 (ii) Prepare a site assessment pursuant to this section to determine the significance of the 2684 discovery and the extent of damage to the resource; 2685 (iii) Distribute the site assessment to the Washington State Department of Archaeology and 2686 Historic Preservation and affected tribes for a 30-day review to determine the significance of 2687 the discovery; 2688 (iv) Maintain the work stoppage until the county determines that the site is considered 2689 significant by the above listed agencies or governments, or if the above listed agencies or 2690 governments have failed to respond within the applicable review period following receipt of 2691 the site assessment; and 2692 (v) Prepare a CRMP pursuant to this section if the county determines that the site is significant. 2693 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 80/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (g) Upon inadvertent discovery of human remains, the county sheriff, coroner, and State 2694 Department of Archaeology and Historic Preservation (DAHP) must be immediately notified. 2695 (h) In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030 2696 necessitate rapid action to retrieve or preserve historic, archaeological and/or cultural resources, 2697 the project may be exempted from the requirement to obtain a permit. The county shall notify the 2698 State Department of Ecology, the State Attorney General’s Office, potentially affected tribes, and 2699 the State Department of Archaeology and Historic Preservation of such a waiver within 30 days of 2700 such action. [Ord. 7-13 Exh. A (Art. VI § 2)] 2701 18.25.290 Public access. 2702 (1) Policies. 2703 (a) Providing public access to public shorelines is a primary goal of the Shoreline Management Act. 2704 Jefferson County actively supports public and private efforts making better use of existing 2705 facilities/opportunities. Strategic efforts to find and fund new shoreline public access are 2706 encouraged to meet increasing demands by a growing populace. Increasing all types of public 2707 access is a priority for the county. 2708 (b) The county should prepare a comprehensive shoreline public access plan in cooperation with 2709 appropriate local, state, tribal and nongovernmental agencies/organizations, and the general public. 2710 (c) The county should work with appropriate agencies and individuals to acquire lands that can 2711 provide physical access to public waters for public use. 2712 (d) Shoreline development by public entities, such as local governments, port districts, state 2713 agencies, and public utility districts, should provide public access as part of each development 2714 project, unless such access is shown to be incompatible with this program due to reasons of safety, 2715 security, or adverse impacts to shoreline functions and processes. 2716 (e) Shoreline development by private entities should provide public access when the development 2717 would either generate a demand for one or more forms of such access, and/or would impair 2718 existing legal access opportunities or rights. 2719 (f) Single-family residential developments with four or fewer lots/units should not be required to 2720 provide public access. 2721 (g) Public health and safety concerns associated with public access sites should be adequately 2722 mitigated and appropriate precautions taken to prevent adverse impacts on shoreline ecological 2723 functions and/or processes. 2724 (h) Efforts to implement the public access provisions of this section should be consistent with all 2725 relevant constitutional and other legal limitations on regulation of private property. 2726 (i) Public access requirements on privately owned lands should be commensurate with the scale and 2727 character of the development and should be reasonable, effective and fair to all affected parties 2728 including but not limited to the landowner and the public. 2729 (j) Where feasible, providers of shoreline public access should: 2730 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 81/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Locate and design public access improvements in a manner that is compatible with the 2731 natural shoreline character and avoids adverse impacts to shoreline ecological functions and 2732 processes; and 2733 (ii) Ensure public access improvements and amenities are safe, respect individual privacy, and 2734 avoid or minimize visual impacts from neighboring properties; and 2735 (iii) Provide maps and orientation information to inform the public of the presence and location 2736 of privately held tidelands, especially those adjacent to public access and recreational areas; 2737 and 2738 (iv) Incorporate programs, signage and informational kiosks into public access locations, where 2739 appropriate, to enhance public education and appreciation of shoreline ecology and areas of 2740 historical or cultural significance. 2741 (2) Regulations. 2742 (a) Single-family residential developments consisting of four or fewer residential lots or dwelling 2743 units shall not be required to provide public access. 2744 (b) Opportunities to provide visual and/or physical public access shall be considered during the 2745 review and conditioning of all proposed commercial and industrial shoreline developments and 2746 residential developments involving more than four residential lots or dwelling units. 2747 (c) Physical public access shall be incorporated into all development proposals on public lands, all 2748 public and private commercial and industrial uses/developments, and all residential subdivisions of 2749 greater than four lots unless the project proponent demonstrates that any of the following 2750 conditions exist: 2751 (i) Unavoidable public health or safety hazards exist and cannot be prevented through 2752 reasonable means; or 2753 (ii) The use/development has inherent security or cultural sensitivity requirements that cannot 2754 be mitigated though reasonable design measures or other solutions; or 2755 (iii) The cost of providing the access, easement or an alternative amenity is disproportionate to 2756 the total long-term cost of the proposed development; or 2757 (iv) The public access will cause unacceptable environmental impacts that cannot be mitigated; 2758 or 2759 (v) The access would create significant, undue, and unavoidable conflicts with adjacent uses 2760 that cannot be mitigated. 2761 (d) To be exempt from the public access requirements in subsection (2)(c) of this section, the 2762 project proponent must demonstrate that all feasible alternatives have been considered, including, 2763 but not necessarily limited to: 2764 (i) Regulating access through means such as maintaining a gate and/or limiting hours of use; 2765 and 2766 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 82/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, 2767 landscaping, etc.). 2768 (e) When physical public access is deemed to be infeasible based on considerations listed in 2769 subsection (2)(c) of this section, the proponent shall provide visual access to the shore or provide 2770 physical access at an off-site location geographically separated from the proposed 2771 use/developmental (e.g., a street end, vista, or trail system). 2772 (f) Public access shall be located and designed to be compatible with the natural shoreline 2773 character, to avoid adverse impacts to shoreline ecological functions and processes, and to ensure 2774 public safety. 2775 (g) When otherwise consistent with this program, public access structures shall be exempt from the 2776 shoreline buffer requirements of this program, meaning that such structures shall be allowed to 2777 encroach into the shoreline buffer when necessary to provide physical and/or visual access to the 2778 water’s edge. 2779 (h) Public shoreline access provided by public road ends, public road rights-of-way, public utilities 2780 and rights-of-way shall not be diminished by the county, neighboring property owners, or other 2781 citizens, unless the property is zoned for industrial uses in accordance with RCW 36.87.130. 2782 (i) Public access sites shall be directly connected to the nearest public street and shall include 2783 improvements that conform to the requirements of the Americans with Disabilities Act (ADA) when 2784 feasible and appropriate. 2785 (j) Opportunities for boat-in public access and access to primitive shorelines not accessible by 2786 automobile shall be provided where feasible and appropriate. 2787 (k) When required for public land, commercial, port or industrial use/development as per 2788 subsections (2)(b) and (c) of this section, public access sites shall be fully developed and available 2789 for public use prior to final occupancy of such use or development. 2790 (l) Public access easements and permit conditions shall be recorded on the deed of title and/or the 2791 face of a short or long plat as a condition running, at a minimum, for a period contemporaneous 2792 with the duration of the authorized land use. Recordation shall occur at the time of final plat 2793 approval or prior to final occupancy. 2794 (m) The location of new public access sites shall be clearly identified. Signs with the appropriate 2795 agency’s logo shall be constructed, installed and maintained by the project proponent in 2796 conspicuous locations at public access sites and/or along common routes to public access sites. The 2797 signs shall indicate the public’s right of access, the hours of access, and other information as needed 2798 to control or limit access according to conditions of approval. [Ord. 7-13 Exh. A (Art. VI § 3)] 2799 18.25.300 Shoreline setbacks and height. 2800 (1) Policies. 2801 (a) Standards for density, setbacks, height, and other provisions should ensure no net loss of 2802 shoreline ecological functions and/or processes and preserve the existing character of the shoreline 2803 consistent with the purpose of the applicable shoreline environment designation. 2804 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 83/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Proponents of a development on no-bank or low bank marine shorelines are encouraged to 2805 locate the bottom of a structure’s foundation higher than the level of expected future sea-level rise. 2806 (2) Regulations. 2807 (a) A building setback of 10 feet shall be established on the landward edge of all shoreline buffers 2808 required by this program. A building setback of 10 feet shall also apply to the shoreline critical area 2809 buffers, as established by JCC 18.25.270(4)(c). 2810 (b) Sideyard setbacks shall be measured from all property lines that intersect the shoreline side of a 2811 lot or tract. Sideyards shall be consistent in depth with underlying zoning requirements. 2812 (c) Height. Pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building 2813 or structure more than 35 feet above average grade level. The Administrator may allow a greater 2814 height when the project proponent provides sufficient information to demonstrate the taller 2815 building/structure: 2816 (i) will not obstruct the view of a substantial number of residences on or areas adjoining such 2817 shorelines; 2818 (ii) will serve the overriding consideration of the public interest; and 2819 (iii) is not expressly prohibited by this program. 2820 Height is measured according to the definition in Article II of this chapter. 2821 (d) Applicants seeking building heights greater than 35 feet in order to address sea level rise shall 2822 demonstrate that:2 2823 (i) it is infeasible to otherwise retreat, accommodate, or protect the structure; 2824 (ii) the added height is no greater than that necessary to accommodate the projected sea level 2825 rise as determined by a qualified professional to the satisfaction of the Shoreline Administrator; 2826 and 2827 (iii) the added height will not obstruct the view of a substantial number of residences on or 2828 areas adjoining such shorelines. The County may require a visual impact analysis of views from 2829 various locations to determine if the shoreline view for adjacent properties will be significantly 2830 obstructed as part of a development proposal; and 2831 2 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. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 84/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) overriding consideration of the public interest will be served. 2832 (d) Power poles and transmission towers associated with allowed uses and developments are not 2833 subject to height limits but shall not be higher than necessary to achieve the intended purpose. 2834 [Ord. 7-13 Exh. A (Art. VI § 4)] 2835 18.25.310 Vegetation conservation. 2836 (1) Policies. 2837 (a) Maintaining native shoreline vegetation is an important goal of this program. The policies and 2838 regulations of this section are intended to ensure well-vegetated, stable shorelines that provide 2839 habitat and other ecological benefits and resemble natural, unaltered shorelines. 2840 (b) New uses and/or developments should be designed to preserve native shoreline vegetation to 2841 maintain shoreline ecological functions and processes and prevent direct, indirect and/or 2842 cumulative impacts of shoreline development. 2843 (c) New uses and/or developments should establish native shoreline vegetation such that the 2844 composition, structure, and density of the plant community resemble a natural, unaltered shoreline 2845 as much as possible. 2846 (d) Maintaining well-vegetated shorelines is preferred over clearing vegetation to create views or 2847 provide lawns. Limited and selective clearing for views and lawns may be allowed when slope 2848 stability and ecological functions are not compromised, but landowners should not assume that an 2849 unobstructed view of the water is guaranteed. Trimming and pruning are generally preferred over 2850 removal of native vegetation. Property owners are strongly encouraged to avoid or minimize the 2851 use of fertilizers, herbicides and pesticides. 2852 (e) Shoreline landowners are encouraged to preserve and enhance native woody vegetation and 2853 native groundcovers to stabilize soils and provide habitat. Maintaining native plant communities is 2854 preferred over nonnative ornamental plantings because native plants have greater ecological value. 2855 Nonnative vegetation that requires use of fertilizers, herbicides and/or pesticides is discouraged. 2856 (f) Prior to granting a shoreline permit or determining that a proposed use/development is exempt 2857 from permitting, the county should evaluate site plans to determine the extent to which the 2858 vegetation is conserved. As needed, the county may require special reports regarding vegetation 2859 and shall condition approval of new developments to ensure the following: 2860 (i) Native plant communities on marine, river, and lake shorelines are preserved; and 2861 (ii) Overhanging trees along shorelines are kept intact to provide shading and other ecological 2862 functions; and 2863 (iii) Established areas of native plants are preserved to maintain slope stability and prevent 2864 surface erosion; and 2865 (iv) Structures and associated development are placed in areas that avoid disturbance of 2866 established native plants, especially trees and shrubs; and 2867 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 85/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) Clearing and grading near bluff edges and other erosion- or landslide-prone areas are 2868 minimized to prevent slope instability; and 2869 (vi) Shoreline development proposals should incorporate provisions for removing invasive or 2870 nonnative species and planting native species when doing so would improve ecological 2871 functions and processes. 2872 (2) Regulations. 2873 (a) Unless otherwise specified, all shoreline use and development, including preferred uses and uses 2874 exempt from permit requirements, shall comply with all shoreline and critical area buffer provisions 2875 of this program to protect and maintain shoreline vegetation. 2876 (b) Proponents of all shoreline uses or developments shall demonstrate that site designs and 2877 layouts are consistent with the policies of this section to ensure shoreline functions, values, and 2878 processes are maintained and preserved. A shoreline permit or written statement of exemption 2879 shall not mandate, nor guarantee, unobstructed horizontal or lateral visibility of the water, 2880 shoreline or any specific feature near or far. 2881 (c) View Maintenance. Proponents of all shoreline uses or developments shall use all feasible 2882 techniques to maximize retention of existing native shoreline vegetation while allowing for 2883 shoreline views. 2884 (i) Vegetation Trimming. Techniques shall include selective pruning, windowing and other 2885 measures that preserve native plant composition and structure. No more than 25 percent of a 2886 single tree’s leaf bearing crown may be removed and no more than 25 percent of the canopy 2887 cover of any stand of trees may be removed for view preservation. If additional trimming is 2888 requested in subsequent years, the cumulative removal may not exceed 25 percent. Limbing or 2889 crown thinning shall comply with Tree Care Industry Association pruning standards, unless the 2890 tree is a hazard tree as defined by this program. Tree topping is prohibited when main 2891 stem/trunk is over three inches diameter at breast height (DBH). 2892 (ii) Vegetation Removal. All vegetation removal within the buffer area must comply with JCC 2893 18.25.270(4)(h). In no instance shall vegetation removal exceed 20 percent of the required 2894 buffer area or 15 linear feet of the water frontage, whichever is greater. Outside the buffer, 2895 vegetation removal shall be the minimum necessary for maintaining shoreline views from the 2896 primary structure ,and must comply with other applicable requirements such as clearing and 2897 grading, forest practices, and protection standards for fish and wildlife habitat. 2898 (iii) The administrator may deny a request or condition approval of vegetation management 2899 proposals for view maintenance if it is determined the action will result in an adverse effect to 2900 any of the following: 2901 (A) Slope stability; 2902 (B) Habitat value; 2903 (C) Health of surrounding vegetation; 2904 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 86/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (D) Risk of wind damage to surrounding vegetation; 2905 (E) Nearby surface or ground water; or 2906 (F) Water quality of a nearby water body. 2907 (d) Proponents of all shoreline uses or developments shall retain existing native shoreline 2908 vegetation to the maximum extent practicable, except that the following activities shall be excluded 2909 from this requirement: 2910 (i) Existing and ongoing agricultural activities on agricultural lands enrolled in the open space 2911 tax program for agriculture or on lands designated as agricultural lands of long-term 2912 commercial significance on the official map of Comprehensive Plan land use designations; 2913 (ii) Buffer enhancement by removal of noxious weeds, based on consultation with the Jefferson 2914 County noxious weed board, and/or planting native vegetation; 2915 (iii) Normal maintenance of existing landscaping, such as lawns and gardens, consistent with all 2916 applicable provisions of this Program, including JCC 18.25.560 and JCC 18.22.230(4)(m). 2917 Expansion of landscaping into a buffer area or other area of existing native vegetation is not 2918 normal maintenance; 2919 (iv) Maintenance trimming of the limbs or branches on a tree or shrub that has a main stem 2920 less than three inches in diameter at breast height (DBH) for purposes other than view 2921 maintenance; 2922 (v) Construction of pervious surface trails for nonmotorized use, provided the trail is no wider 2923 than five feet and the vegetation trimming is limited to five feet on either side of the trail 2924 except where an arborist report indicates that additional vegetation trimming or removal is 2925 required for safety reasons; 2926 (vi) Harvest of wild crops that does not significantly affect the viability of the wild crop, or 2927 adversely affect shoreline functions of the area; 2928 (vii) Removal of a hazard tree, as defined in Article II of this chapter, where trimming is not 2929 sufficient to address the hazard. In such cases, the downed tree shall be retained on site to 2930 provide wildlife habitat and enhance in-stream or marine habitat if present. The location of 2931 retained materials placed on site shall reflect firewise program guidance for defensible space 2932 and fire safety. Where not immediately apparent to the administrator, the hazard tree 2933 determination shall be made after review of a report prepared by an arborist or forester. 2934 (e) The county may impose conditions on shoreline use and/or development as needed to prevent 2935 the introduction and spread of aquatic weeds. Aquatic weed removal and disposal shall occur in a 2936 manner that minimizes and mitigates adverse impacts to native plant communities and shoreline 2937 ecological functions. 2938 (f) When restoring or enhancing shoreline vegetation, proponents shall use native species approved 2939 by the county that are of a similar diversity, density, and type to that occurring in the general 2940 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 87/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and 2941 maintained to ensure establishment of a healthy and sustainable native plant community over time. 2942 (g) The vegetation conservation regulations of this program do not apply to commercial forest 2943 practices as defined by Article II of this chapter when such activities are covered under the 2944 Washington State Forest Practices Act (Chapter 76.09 RCW). Where such activities are associated 2945 with a conversion of forest lands to other uses or other forest practice activities, the vegetation 2946 conservation requirements shall apply. 2947 (h) Vegetation conservation standards shall not apply retroactively to existing uses and 2948 developments, although property owners are strongly encouraged to voluntarily improve shoreline 2949 vegetation conditions over the long term. 2950 (i) Vegetative debris shall be properly managed by mulching/leaving in place as habitat and soil 2951 amendment, composting on-site, or removing and disposing of off-site. The dumping of vegetative 2952 debris, including grass clippings and yard waste, in shoreline areas is strongly discouraged, 2953 especially when slope stability and water quality would be threatened. 2954 (j) Vegetative debris in the buffer that creates a fire hazard to existing structures may be reduced by 2955 chipping if the chipped material is returned to the original location. Fallen tree trunks may not be 2956 removed or chipped. [Ord. 7-13 Exh. A (Art. VI § 5)] 2957 18.25.320 Water quality and quantity. 2958 (1) Policies. 2959 (a) The location, construction, operation, and maintenance of all shoreline uses and developments 2960 should maintain or enhance the quantity and quality of surface and ground water over the long 2961 term. 2962 (b) Shoreline use and development should minimize, through effective education, site planning and 2963 maintenance, the need for chemical fertilizers, pesticides, herbicides or other similar chemical 2964 treatments that could contaminate surface or ground water or cause adverse effects on shoreline 2965 ecological functions and values. 2966 (c) Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be 2967 provided and maintained in a manner that avoids the need for chemical treatment. 2968 (d) Potential adverse effects of agricultural activities on water quality should be minimized by 2969 implementing best management practices, buffers and other appropriate measures. 2970 (e) Effective erosion control and water-runoff treatment methods should be provided for all 2971 shoreline development and use in accordance with JCC 18.30.070. 2972 (f) Encourage pervious materials and other appropriate low impact development techniques where 2973 soils and geologic conditions are suitable and where such practices could reduce stormwater runoff. 2974 (2) Regulations. 2975 (a) All shoreline uses and activities shall use effective erosion control methods during both project 2976 construction and operation. At a minimum, effective erosion control methods shall require 2977 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 88/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations compliance with the current edition of the Department of Ecology’s Stormwater Management 2978 Manual, NPDES General Permit requirements, and the stormwater management provisions of JCC 2979 18.30.070. 2980 (b) To avoid water quality degradation by malfunctioning or failing septic systems located within 2981 shoreline jurisdiction, on-site sewage systems shall be located and designed to meet all applicable 2982 water quality, utility, and health standards. 2983 (c) All materials that may come in contact with water shall be composed of nontoxic materials, such 2984 as wood, concrete, approved plastic composites or steel, that will not adversely affect water quality 2985 or aquatic plants or animals. Materials used for decking or other structural components shall be 2986 approved by applicable state agencies for contact with water to avoid discharge of pollutants from 2987 wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenate or 2988 pentachlorophenol is prohibited in shoreline water bodies. 2989 (d) Solid and liquid wastes and untreated effluents shall not be allowed to enter any ground water 2990 or surface water or to be discharged onto land. The release of oil, chemicals, genetically modified 2991 organisms or hazardous materials onto land or into the water is prohibited. [Ord. 7-13 Exh. A (Art. 2992 VI § 6)] 2993 Article VII. Shoreline Modifications Policies and Regulations 2994 18.25.330 Applicability – Purpose. 2995 The policies and regulations in this article apply to all types of shoreline modification, with specific 2996 standards defined for each shoreline environment. They are not listed in order of priority. These policies 2997 and regulations: 2998 (1) Help to implement the master program goals in Article III of this chapter; and 2999 (2) Are informed by the guiding principles in Article I of this chapter; and 3000 (3) Work in concert with all the other policies and regulations contained in this program; and 3001 (4) Are based on the state shoreline guidelines (Chapter 173-26 WAC). [Ord. 7-13 Exh. A (Art. VII)] 3002 18.25.335 General Policies 3003 The following general policies apply to all shoreline modifications: 3004 (1) Structural modifications should only be allowed where demonstrated as necessary: 3005 (a) To support or protect an allowed primary structure or a legally existing shoreline use that is in 3006 danger of loss or substantial damage; or 3007 (b) For reconfiguration of the shoreline for mitigation or enhancement purposes. 3008 (2) To reduce adverse effects, modifications should be limited in number and extent as much as 3009 possible. 3010 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 89/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (3) Only allow modifications appropriate to the specific type of shoreline and environmental conditions 3011 for which they are proposed, including consideration of appropriate scientific and technical information, 3012 and analysis of drift cells for marine waters or reach conditions for river and stream systems. 3013 (4) Modifications should not individually or cumulatively result in a net loss of ecological functions. 3014 Preference should be given to those types of modifications that have a lesser impact on ecological 3015 functions and identified impacts should be mitigated. 3016 (5) County should plan for the enhancement of impaired ecological functions where feasible and 3017 appropriate while accommodating permitted uses. As modifications occur, all feasible measures to 3018 protect ecological shoreline functions and ecosystem-wide processes should be incorporated. 3019 18.25.340 Beach access structures. 3020 (1) Policies. 3021 (a) Beach access structures, as defined in Article II of this chapter, should be located, designed and 3022 maintained in a manner that minimizes adverse effects on shoreline ecology. 3023 (b) Jefferson County recognizes a balance has to be found between enabling pedestrian access to 3024 beach areas and protecting fragile shoreline ecosystems. 3025 (c) Neighboring property owners are encouraged to combine resources to collectively propose 3026 beach access structures in appropriate locations for shared use. 3027 (d) Beach access structures should not be permitted until and unless their adverse effects on 3028 stream, lake or marine shoreline functions and processes, including any significant adverse effects 3029 on adjoining lands and properties, are fully evaluated and mitigated. All proposals for structures 3030 that link upland areas with adjacent beaches shall be carefully evaluated by the criteria and 3031 regulations in this section. 3032 (e) Beach access structures may not be appropriate in some areas because of safety hazards or 3033 sensitive ecological conditions. The county should not permit these structures in areas where there 3034 are expected risks to human health and safety or adverse effects on shoreline functions and 3035 processes. Some properties will have view-only access to the neighboring waters. 3036 (f) Beach access structures should conform to the existing topography, minimize adverse impacts on 3037 shoreline aesthetics, and minimize clearing and grading to the maximum extent feasible. 3038 (g) Beach access structures should not be allowed if there is a reasonable likelihood that they will 3039 require erosion control structures or armoring in the future. 3040 (h) Beach access structures should be designed to minimize the amount of clearing, grading, 3041 excavation, and other forms of shoreline alteration so that they don’t require substantial bank or 3042 slope modifications. 3043 (i) Beach access structures should only be allowed where it provides access to a publicly owned 3044 beach or where the same party owns both the uplands and adjoining tidelands or an easement is 3045 granted by the tideland owner to the upland owner for access. 3046 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 90/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (2) Uses and Activities Prohibited Outright. Beach access structures shall be prohibited from marine 3047 feeder bluffs in all environment designations. 3048 (3) Shoreline Environment Regulations. 3049 (a) Priority Aquatic. Public beach access structures may be permitted as a conditional use, provided 3050 they are associated with a water-dependent use that includes public access to the shoreline, and 3051 provided they are consistent with policies and regulations of this program and are allowed in the 3052 adjoining upland designation. Private beach access structures development shall be prohibited. 3053 (b) Aquatic. Public beach access structures may be permitted, provided they are associated with a 3054 water-oriented use that includes public access to the shoreline, and provided they are consistent 3055 with policies and regulations of this program in the adjoining upland designation. Private beach 3056 access structures may be permitted as a conditional use when they are allowed in the adjoining 3057 upland designation. 3058 (c) Natural. Public beach access structures may be permitted as a conditional use, provided they are 3059 associated with a water-oriented use that includes public access to the shoreline, and provided they 3060 are consistent with policies and regulations of this program. Private beach access structures 3061 accessory to single-family residential development shall be prohibited. 3062 (d) Conservancy. Public beach access structures may be permitted, provided they are associated 3063 with a water-oriented use that includes public access to the shoreline. Private beach access 3064 structures may be permitted accessory to single-family residential development, provided they are 3065 consistent with the policies and regulations of this program. Other private beach access structures 3066 are prohibited. 3067 (e) Shoreline Residential. Public beach access structures and private beach access structures 3068 accessory to single-family residential development may be permitted, provided they are consistent 3069 with the policies and regulations of this program. Other private beach access structures may be 3070 permitted as a conditional use, provided they are consistent with the policies and regulations of this 3071 program. 3072 (f) High Intensity. Public beach access structures and private beach access structures accessory to 3073 single-family residential development may be permitted, provided they are consistent with the 3074 policies and regulations of this program. Other private beach access structures may be permitted as 3075 a conditional use, provided they are consistent with the policies and regulations of this program. 3076 (4) Regulations. 3077 (a) Beach access structures may be permitted only when consistent with the provisions of this 3078 program. 3079 (b) Public beach access structures shall be subject to this section, JCC 18.25.290 (Public access) of 3080 this program, and conform to Americans with Disabilities Act (ADA) standards. 3081 (c) When permitted, beach access structures shall be located, designed and operated to avoid 3082 critical areas and prevent a net loss of shoreline ecological functions or processes, including, but not 3083 limited to: 3084 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 91/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Habitat; 3085 (ii) Slope stability; 3086 (iii) Sediment transport; and 3087 (iv) Water quality. 3088 (d) The county shall have the authority to require specific design standards based on the 3089 configuration of the site including existing topography, vegetation, soils, drainage and other factors. 3090 (e) When allowed, beach access structures may be located within the shoreline buffer; provided, 3091 that: 3092 (i) The clear width of any walkway, staircase, tower or tram shall be at least three feet, and not 3093 exceed five feet; and 3094 (ii) The structure shall not extend more than 12 vertical feet above the top of the bank or slope, 3095 and is located to minimize native vegetation removal and prioritize tree preservation; and 3096 (ii) There is no other available public beach access within 500 feet of the proposed access site. 3097 (f) No portion of a beach access structure shall be constructed waterward of the ordinary high 3098 water mark unless there is no other feasible alternative. 3099 (g) When in-water or over-water construction is allowed in accordance with this section it shall be 3100 limited to a small pier or pile-supported pedestrian landing platform of 25 square feet or less that is 3101 otherwise consistent with the provisions of this program. 3102 (h) New residential subdivisions of more than four units or lots shall include a restriction on the face 3103 of the plat prohibiting individual beach access structures. Shared access structures may be 3104 permitted in these subdivisions when consistent with the provisions of this program. 3105 (i) Existing lawfully constructed nonconforming beach access structures may be repaired or replaced 3106 in kind as a nonconforming use as consistent with other provisions of this program. 3107 (j) In addition to the prohibition stated in subsection (2) of this section, beach access structures shall 3108 also be prohibited if any of the following apply: 3109 (i) The structure would adversely impact a critical area or increase landslide or erosion hazards; 3110 or 3111 (ii) The structure is likely to interfere with natural erosion and accretion processes; or 3112 (iii) The bank slope where the structure is placed is likely to require shoreline 3113 stabilization/structural shoreline armoring in the future; or 3114 (iv) Substantial bank or slope modification is required. 3115 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 92/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (k) Prior to approving a permit for a beach access structure, the county shall require the project 3116 proponent to demonstrate that the project is consistent with this program. Information to be 3117 provided by the proponent will include, but not be limited to: 3118 (i) Existing conditions at the site related to erosion, slope stability, drainage, vegetation, and 3119 coastal processes; and 3120 (ii) Probable effects of the access structure on the stability of the site over time; and 3121 (iii) Potential effects of the access structure on shoreline processes such as net-shoreline drift, 3122 sediment transport, mass wasting, and erosion; and 3123 (iv) Methods for maintaining the structure over time that will preclude the need for a bulkhead 3124 or other type of stabilization in the future; and 3125 (v) Potential effects on fish and wildlife habitats and other shoreline ecological functions; and 3126 (vi) Measures needed to ensure/maintain slope stability, maintain coastal processes, prevent 3127 erosion in the long term, and mitigate any impacts to shoreline ecological functions. 3128 (l) The county may require proposals for pedestrian beach access structures to include geotechnical 3129 analysis prepared by a licensed professional engineer or geologist and/or biological analysis 3130 prepared by a qualified biologist. [Ord. 7-13 Exh. A (Art. VII § 1)] 3131 18.25.350 Boating facilities – Boat launches, docks, piers, floats, lifts, marinas, and mooring buoys. 3132 (1) Policies. 3133 (a) Boating facilities as defined in Article II of this chapter should be located, designed, constructed 3134 and operated with appropriate mitigation to avoid adverse effects on shoreline functions and 3135 processes and to prevent conflicts with other allowed uses. 3136 (b) Boating facilities should not be located or expanded where they would: 3137 (i) Impact critical habitats; or 3138 (ii) Substantially interfere with currents and/or net-shoreline drift; or 3139 (iii) Cause significant adverse effects on aquatic habitat, biological functions, water quality, 3140 aesthetics, navigation, and/or neighboring uses. 3141 (c) Docks and piers should not be allowed where shallow depths require excessive overwater 3142 length. 3143 (d) The county should protect the natural character of the shoreline and prevent adverse ecological 3144 impacts caused by in-water and overwater structures by limiting the number of new 3145 docks/piers/floats and by controlling how they are designed and constructed and where they are 3146 located. Wood coated or treated with toxic materials should not be allowed. 3147 (e) To prevent the impacts associated with private docks, piers, floats, lifts and launch ramps and 3148 rails accessory to residential development: 3149 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 93/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Mooring buoys are generally preferred over docks, piers or floats; and 3150 (ii) Community or joint-use docks/piers/floats serving multiple properties are preferred over 3151 single-user docks/piers/floats serving a single property or parcel; and 3152 (iii) Public boat launches are preferred over private launch facilities. Rail and track launch 3153 systems are preferred over ramps. 3154 (f) Boating facilities associated with commercial, industrial, or port uses, residential subdivisions and 3155 multifamily housing should include public access and contribute to the public’s ability to view, 3156 touch, and travel on the waters of the state in accordance with JCC 18.25.290 (Public access). 3157 (g) The county should identify areas that are suitable for development and/or expansion of marinas 3158 and public boat launches and prevent them from being developed with non-water-dependent uses 3159 having less stringent site requirements. This should be accomplished in a timely manner. 3160 (h) Development of new marinas and public boat launch facilities should be coordinated with public 3161 access and recreation plans and should be co-located with port or other compatible water-3162 dependent uses where feasible. Affected parties and potential partners should be included in the 3163 planning process. 3164 (i) When reviewing proposals for new or expanded marinas and public boat launches, the county 3165 should seek comment from public recreation providers, adjacent cities/counties, port districts, 3166 Washington State Parks, and the Washington State Departments of Ecology, Fish and Wildlife, 3167 Health, and Natural Resources, and area tribes to ensure that local as well as regional recreation 3168 needs are addressed. 3169 (j) The county should support the use of innovative and effective methods for protecting, 3170 enhancing, and restoring shoreline ecological functions and processes during the design, 3171 development and operation of new or expanded boating facilities. Such methods may include public 3172 facility and resource planning, education, voluntary protection and enhancement projects, and 3173 incentive programs. 3174 (2) Shoreline Environment Regulations. 3175 (a) Priority Aquatic. 3176 (i) Boat Launches – Nonresidential. Only public and private launches serving water-dependent 3177 commercial, industrial, port or other primary uses may be permitted if the primary use is 3178 permitted in the adjacent upland shoreline environment subject to the provisions of this 3179 program. 3180 (ii) Docks, Piers, Floats and Lifts – Nonresidential. Only public and private docks, piers, floats 3181 and lifts serving water-dependent commercial, industrial, port or other primary uses are 3182 allowed subject to policies and regulations of this program if the primary use is permitted in the 3183 adjacent upland shoreline environment. 3184 (iii) Boat Launches, Docks, Piers, Floats, and Lifts – Residential. Single-user docks, piers, floats, 3185 lifts and boat launches accessory to residential l development are prohibited unless an 3186 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 94/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations applicant can demonstrate that a joint-use or community structure is not feasible. Shared 3187 boating facilities, such as joint-use docks/piers/floats or community docks/piers/floats, 3188 accessory to residential development may be permitted. 3189 (iv) Marinas are prohibited. 3190 (v) Moorage used for float planes is prohibited. 3191 (vi) Mooring buoys are allowed subject to the adjacent upland shoreline designation and the 3192 policies and regulations of this program. 3193 (b) Aquatic. 3194 (i) Public and private boat launches are allowed subject to policies and regulations of this 3195 program if allowed in the adjacent upland shoreline environment. 3196 (ii) Public and private docks, piers, floats, and lifts are allowed if allowed in the adjacent upland 3197 shoreline environment. 3198 (iii) Marinas are allowed subject to policies and regulations of this program if allowed in the 3199 adjacent upland shoreline environment. 3200 (iv) Moorage used for float planes may be allowed with a conditional use permit if permitted in 3201 the adjacent upland designation. 3202 (v) Mooring buoys are allowed subject to the adjacent upland shoreline designation and the 3203 policies and regulations of this program. 3204 € Natural. 3205 (i) Boat launches for hand launching of small watercraft (such as kayaks, small sailboats, and 3206 other nonmotorized watercraft) may be allowed with a conditional use permit, subject to 3207 policies and regulations of this program, if materials and design are compatible with the site. 3208 (ii) A public dock, pier or float for recreational use may be allowed with a conditional use 3209 permit. 3210 (iii) Mooring buoys that are accessory to water-dependent uses such as aquaculture may be 3211 allowed with a conditional use permit (C(a)). 3212 (iv) All other boating facilities, including boating facilities accessory to residential development, 3213 are prohibited. 3214 (d) Conservancy. 3215 (i) Residential boat launches may be allowed with a conditional use permit subject to policies 3216 and regulations of this program. 3217 (ii) Non-residential boat launches are allowed subject to policies and regulations of this 3218 program. 3219 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 95/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) Docks, piers, floats and lifts may be allowed with a conditional use permit subject to policies 3220 and regulations of this program, except industrial piers are prohibited. 3221 (iv) Marinas may be permitted as a conditional use. 3222 (v) Moorage used for float planes may be permitted as a conditional use. 3223 (vi) Mooring buoys are allowed subject to policies and regulations of this program. 3224 (e) Shoreline Residential. 3225 (i) Boat launches are allowed subject to policies and regulations of this program. 3226 (ii) Docks, piers, floats and lifts are allowed subject to policies and regulations of this program, 3227 except industrial piers are prohibited. 3228 (iii) Marinas may be permitted as a conditional use. 3229 (iv) Moorage used for float planes may be permitted as a conditional use. 3230 (v) Mooring buoys are allowed subject to policies and regulations of this program. 3231 (f) High Intensity. All boating facilities are allowed subject to policies and regulations of this 3232 program. 3233 (3) Regulations – Boat Launches. 3234 (a) Boat launches may be permitted when they are located, designed and constructed in a manner 3235 that minimizes adverse impacts on coastal or fluvial processes, biological functions, aquatic and 3236 riparian habitats, water quality, navigation, and/or neighboring uses. Rail and track systems shall be 3237 preferred over concrete ramps or similar facilities. 3238 (b) When permitted, boat launches shall be: 3239 (i) Located in areas where there is adequate water mixing and flushing action; 3240 (ii) Designed so as not to retard or reduce natural shoreline flushing characteristics; 3241 (iii) Designed and constructed using methods/technology that have been recognized and 3242 approved by state and federal resource agencies as the best currently available. To the existent 3243 feasible, boat launches in marine waters shall follow the design and construction standards in 3244 WAC 220-660-390(3 and 4) and in fresh waters shall follow the design and construction 3245 standards in WAC 220-660-150(3 and 4); 3246 (iv) Designed so that existing or potential public access along beaches is not blocked or made 3247 unsafe, and so that public use of the surface waters is not unduly impaired; and 3248 (v) Developed and maintained to support waterfront access for watercraft. In those limited 3249 instances where separate or associated uses are permitted, other than restrooms and/or 3250 sewer/septic facilities, only uses that are water-dependent and/or afford public access uses 3251 shall be approved. 3252 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 96/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) Boat launches on river shores shall be located downstream of accretion shoreforms, or on stable 3253 banks where no or minimal current deflections will be necessary. 3254 (d) Nonresidential boat launches shall provide adequate restroom and sewage and solid waste 3255 disposal facilities in compliance with applicable health regulations. 3256 (e) When overwater development is proposed in association with a nonresidential boat launch 3257 facility, it may be permitted only where such use requires direct water access, and/or where such 3258 facilities will significantly increase public opportunities for water access. 3259 (f) Boat launches shall be located and designed to prevent traffic hazards and minimize traffic 3260 impacts on nearby access streets. 3261 (g) Nonresidential boat launch sites shall include parking spaces for boat trailers commensurate 3262 with projected demand and shall comply with the transportation provisions of this program. 3263 (h) Residential boat launches shall be allowed only when publicly accessible nonresidential boat 3264 launches are unavailable within a reasonable distance. 3265 (i) No more than one private boat launch facility or structure shall be permitted on a single parcel or 3266 residential lot. 3267 (4) Regulations – Docks, Piers and Floats – Nonresidential. 3268 (a) Docks, piers and floats, as defined in Article II of this chapter, associated with commercial 3269 (including private recreational use by hotel, motel, campground, tours/rentals), industrial, port or 3270 public recreational developments should only be allowed when ecological impacts are mitigated in 3271 accordance with this program, and: 3272 (i) The dock/pier/float is required to accommodate a water-dependent use; and/or 3273 (ii) The dock/pier/float provides opportunities for the public to access the shoreline. 3274 (b) New commercial, industrial, port or public recreational docks, piers and floats shall be designed 3275 and constructed to avoid or, if that is not possible, to minimize the impacts to nearshore habitats 3276 and processes. 3277 (c) The length, width and height of nonresidential docks, piers and floats shall be no greater than 3278 that required for safety and practicality for the primary use. If a public, commercial, industrial or 3279 port entity involving water-dependent uses has performed a needs analysis or comprehensive 3280 master plan projecting the future needs for pier or dock space, and if the plan or analysis is 3281 approved by the county and consistent with this program, it may serve as the necessary justification 3282 for pier design, size, and construction. 3283 (d) New and substantially expanded nonresidential docks, piers and floats shall be constructed of 3284 materials that will not adversely affect water quality or aquatic plants and animals over the long 3285 term. Materials for any portions of the dock, pier, float, framing, or decking that come in contact 3286 with water shall be approved by applicable state agencies for use in water. For example, wood 3287 treated with creosote, pentachlorophenol or other similarly toxic materials is not allowed. 3288 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 97/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (e) To minimize adverse effects on nearshore habitats and species caused by overwater structures 3289 that reduce ambient light levels, the following shall apply: 3290 (i) The width of docks, piers and floats shall be the minimum necessary. Materials that will 3291 allow light to pass through the deck may be required where width exceeds four feet; and 3292 (ii) Grating to allow light passage or reflective panels to increase light refraction shall be used 3293 on decking or gangplanks in nearshore areas; and 3294 (iii) The maximum structure height above water shall be employed, consistent with safety and 3295 usability. 3296 (f) Commercial, industrial, port or public recreational docks, piers and floats shall be spaced and 3297 oriented to shoreline in a manner that avoids or minimizes: 3298 (i) Hazards and obstructions to navigation, fishing, swimming and pleasure boating; and 3299 (ii) Shading of beach substrate below; and 3300 (iii) Any “wall” effect that would block or baffle wave patterns, currents, littoral drift, or 3301 movement of aquatic life forms. A north-south orientation is generally optimal. 3302 (g) Fill waterward of OHWM shall be limited to the minimum necessary to match the upland with 3303 the elevation of the nonresidential dock or pier when consistent with JCC 18.25.370 (Filling and 3304 excavation). 3305 (h) Dredging shall be limited to the minimum necessary to allow boat access to a nonresidential 3306 dock or pier when consistent with JCC 18.25.360 (Dredging). 3307 (i) Covered moorage associated with nonresidential docks, piers, and floats shall be prohibited. 3308 (5) Regulations – Docks, Piers, Floats and Lifts – Accessory to Residential Development. 3309 (a) Docks, piers, floats and lifts accessory to residential development/use shall only be allowed 3310 when: 3311 (i) Ecological impacts are mitigated in accordance with this program; and 3312 (ii) The moorage platform is designed for access to private watercraft; applicant shall 3313 demonstrate need by providing documentation of the vessel/watercraft to be 3314 moored/accessed, including a current vessel title and registration, or for exempt vessels (e.g., 3315 canoes, kayaks, or strictly human-powered watercraft with no motor or sail) a photograph, 3316 written description, and bill of sale to confirm ownership; and 3317 (iii) The cumulative effects of dock, pier, float and lift proliferation have been identified and 3318 shown to be negligible. 3319 (b) If allowed under this program, no more than one dock/pier and one float and one boat/ski lift 3320 may be permitted on a single lot owned for residential use or private recreational use. 3321 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 98/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) In-water fixed platform structures supported by piles that do not abut the shoreline shall be 3322 prohibited. 3323 (d) If permitted, new docks, piers, floats, lifts accessory to residential development/use shall be: 3324 (i) Designed and constructed to avoid or, if that is not possible, to minimize shading and other 3325 impacts on nearshore habitats and processes; and 3326 (ii) Constructed of materials that will not adversely affect water quality or aquatic plants and 3327 animals over the long term. Materials for portions of the dock, pier, float, framing and decking 3328 in contact with water shall be approved by applicable state agencies for use in water. For 3329 example, wood treated with creosote, pentachlorophenol or other similarly toxic materials is 3330 not allowed; and 3331 (iii) Spaced and oriented to shoreline in a manner that minimizes hazards and obstructions to 3332 navigation, fishing, swimming, and pleasure boating; and 3333 (iv) Designed to avoid the need for maintenance dredging. The moorage of a boat larger than 3334 provided for in original moorage design shall not be grounds for approval of dredging; and 3335 (v) Spaced and oriented to minimize shading and avoid a “wall” effect that would block or 3336 baffle wave patterns, currents, littoral drift, or movement of aquatic life forms. A north-south 3337 orientation is generally optimal. 3338 (e) The length of docks and piers accessory to residential use/development shall be the minimum 3339 demonstrated necessary for safety and practicality for the residential use. The maximum length for 3340 residential docks or piers shall be limited to 100 feet as measured horizontally from the ordinary 3341 high water mark. 3342 The administrator may approve a different dock or pier length when needed to: 3343 (2) (i) Avoid known eelgrass beds, forage fish habitats, or other sensitive nearshore resources; 3344 or 3345 (ii) Accommodate shared use. 3346 (f) Floats accessory to residential use shall not exceed 200 square feet in area or three feet in height 3347 as measured from the mean lower low water (MLLW). 3348 (g) Floats shall only be used where there is sufficient water depth to prevent grounding at low tide. 3349 The county may require the use of stoppers or other measures to ensure compliance with this 3350 standard. 3351 (h) To avoid and minimize adverse effects on nearshore habitats and species caused by overwater 3352 structures that reduce ambient light levels, the following shall apply: 3353 (i) The width of docks and floats shall be the minimum necessary. Materials that will allow light 3354 to pass through the deck may be required where width exceeds four feet; and 3355 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 99/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Grating to allow light passage or reflective panels to increase light refraction shall be used 3356 on decking or gangplanks in nearshore areas; and 3357 (iii) The maximum structure height above water should be employed, consistent with safety 3358 and usability. 3359 (i) Joint use or community docks/piers/floats to provide shared moorage/launching are required for 3360 new residential development of two or more dwellings rather than allow individual docks for each 3361 residence, unless an applicant can demonstrate that a shared-use facility is not feasible. follows: 3362 (i) A joint-use facility is required when there is a proposal for a new facility on a waterfront lot 3363 that has at least one (1) and up to (3) adjacent waterfront and/or upland lots that also lack a 3364 facility. No more than one dock/pier/float may be permitted for each three adjacent waterfront 3365 lots. 3366 (ii) A community facility is required when there is a proposal for a new facility on a waterfront 3367 lot that has more than four (4) adjacent waterfront and/or upland lots in the same subdivision 3368 that also lack a facility. No more than one dock/pier/float may be permitted for each three 3369 adjacent waterfront lots.; 3370 (i) A joint use facility is required when: 3371 (A) Shared by at least two (2) and no more than four (4) adjacent waterfront lots; 3372 (B) Shared by five (5) or more adjacent waterfront lots where at least three (3) adjacent lots 3373 must share one boating facility; 3374 (ii) A community facility is required when shared by at least two (2) adjacent waterfront lots, 3375 and at least one (1) upland lot in the same subdivision; 3376 (iii) Where an existing dock/pier/float facility is located on an adjacent lot/parcel, the applicant 3377 shall first seek to establish a shared use agreement. When documented in writing that the 3378 adjacent owner refuses to allow shared use of their facility, then a single-user facility may be 3379 allowed, consistent with the provisions of this program. 3380 (iv) All joint-use or community docks/piers/floats require a legally enforceable shared use and 3381 access agreement recorded at the time of permitting, and shall at minimum address the 3382 following: 3383 (A) Apportionment of expenses for construction and maintenance of both the 3384 facility/structure and the access area; 3385 (B) Access easements and liability; and 3386 (C) Use restrictions. 3387 (j) Existing Subdivisions. Single-user docks, piers and floats for individual residential lots may be 3388 permitted in existing subdivisions approved on or before January 28, 1993, only where a shared 3389 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 100/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations facility has not already been developed. Prior to development of such a new single-user 3390 dock/pier/float for an individual residential lot, the applicant shall demonstrate that: 3391 (i) Existing facilities in the vicinity, including marinas and joint-use or community 3392 docks/piers/floats, are not adequate or feasible for use; and 3393 (ii) On marine shorelines, alternative moorage, such as one or more mooring buoys or a buoy in 3394 combination with a small dock sized to accommodate a tender vessel (i.e., skiff or dinghy), are 3395 not adequate or feasible. 3396 (k) Single-user moorage for private/recreational float planes may be permitted as a conditional use 3397 where construction of such moorage: 3398 (i) Is limited to the smallest size necessary to accommodate the float plane. 3399 (ii) Will not adversely affect shoreline functions or processes, including wildlife use. 3400 (iii) Includes ecological restoration, in addition to mitigation, to compensate for the greater 3401 intensity of use associated with the float plane moorage. 3402 (l) Covered moorage associated with single-family residential development shall be prohibited, 3403 except that the county may allow a small covered area up to 100 square feet in size, maximum 3404 height of 10 feet, and with vertical walls on up to three sides on the overland portion of a dock/pier 3405 only. 3406 (m) Single-user docks/piers/floats shall be located within side yard setbacks for residential 3407 development (both onshore and offshore); provided, that a joint-use or community dock/pier/float 3408 may be located adjacent to or upon a shared side property line upon filing of an agreement by the 3409 affected property owners. 3410 (n) Fill waterward of OHWM shall be limited to the minimum necessary to match the upland with 3411 the elevation of the residential dock or pier when consistent with JCC 18.25.370 (Filling and 3412 excavation). 3413 (o) Dredging for construction or maintenance of docks, piers and floats accessory to residential use 3414 shall be prohibited waterward of OHWM. 3415 (p) No single-user, joint-use, or community dock/pier/float may be constructed to within 200 feet of 3416 OHWM on the opposite shoreline of any lake or semi-enclosed body of water such as a bay, cove, or 3417 natural channel. 3418 (q) Boating facilities shall be marked with reflectors, or otherwise identified to prevent 3419 unnecessarily hazardous conditions for water surface users during day or night. Exterior finish shall 3420 be generally nonreflective. 3421 (r) Boating facilities shall be constructed and maintained so that no part of them creates hazardous 3422 conditions nor damages other shoreline property or natural features during flood conditions. 3423 (s) No dock, pier, float, or watercraft moored thereto shall be used for a residence. 3424 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 101/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (t) Storage of fuel, oils, and other toxic materials is prohibited on residential docks, piers and floats 3425 except in portable containers that have secondary containment. 3426 (6) Regulations – Marinas. 3427 (a) Marinas may be permitted on marine and river shorelines when they are consistent with this 3428 program and when the proponent demonstrates to the county’s satisfaction that all of the following 3429 conditions are met: 3430 (i) The proposed location is the least environmentally damaging alternative; and 3431 (ii) Potential adverse impacts on shoreline processes and ecological functions are mitigated to 3432 achieve no net loss; and 3433 (iii) The project includes ecological restoration measures to improve baseline conditions over 3434 time; and 3435 (iv) The area has adequate water circulation and flushing action; and 3436 (v) The proposed location will not require dredging or excavation/filling of wetlands; and 3437 (vi) Suitable public infrastructure is available or can be made available to support the marina. 3438 (b) Marinas shall be prohibited in all of the following locations: 3439 (i) Lake shores; and 3440 (ii) River point and channel bars or other accretional beaches; and 3441 (iii) Areas of active channel migration; and 3442 (iv) Where a flood hazard will be created or exacerbated; and 3443 (v) Shorelines with a priority aquatic environmental designation; and 3444 (vi) River mouths. 3445 (c) Where marinas are permitted they shall be designed, constructed and operated according to the 3446 following: 3447 (i) Open pile or floating breakwater designs shall be used unless the proponent demonstrates 3448 that there are specific safety considerations that warrant alternative approaches or unless rip-3449 rap or other solid construction is shown to have fewer impacts on shoreline ecology over the 3450 short and long term. 3451 (ii) Shoreline armoring shall be limited to the minimum necessary to protect marina 3452 infrastructure and shall consist of softshore bio-stabilization unless such stabilization is 3453 demonstrated by a geotechnical analysis to be infeasible or inadequate to protect the site. 3454 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 102/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) Floating structures shall be designed to prevent grounding on tidelands. Floats shall only be 3455 used where there is sufficient water depth to prevent grounding at low tide. The county may 3456 require the use of stoppers or other measures to ensure compliance with this standard. 3457 (iv) Piers and other structures shall be located, sized and designed to minimize shading of 3458 nearshore aquatic habitats and species. 3459 (v) Solid structures shall be designed to provide fish passage through and along the shallow 3460 water fringe. 3461 (vi) Floating piers shall be required in rivers unless the proponent can demonstrate that fixed 3462 piers will cause substantially less impact on geo-hydraulic processes. 3463 (vii) Marinas shall be sited to prevent restrictions in the use of commercial and recreational 3464 shellfish beds and in compliance with Washington Department of Health guidelines and 3465 National Shellfish Sanitation Program (NSSP) standards. 3466 (viii) Marina development shall generally be required to include public access amenities. 3467 Consistent with JCC 18.25.290 (Public access), public access siting and design shall be 3468 determined based on what is appropriate to a given location and the needs/desires of the 3469 surrounding community. Public access shall be designed to be environmentally sound, 3470 aesthetically compatible with adjacent uses, and safe for users. 3471 (ix) Live-aboard vessels may occupy up to 20 percent of the slips at a marina. Marinas that 3472 accommodate live-aboards shall provide and maintain adequate facilities and programs to 3473 address waste disposal and sanitary disposal. 3474 (x) New or expanded marina development may include fill waterward of the ordinary high 3475 water mark only when necessary for the water-dependent portions of the marina facility. Such 3476 fill activities shall conform to JCC 18.25.370 (Filling and excavation) and this section. Filling 3477 solely for the creation of marina parking areas shall be prohibited. 3478 (xi) If new or expanded marina facilities adversely affect net shoreline drift or other coastal 3479 processes to the detriment of nearby beaches or habitats, the county may require the marina 3480 operator to replenish the substrate in these areas periodically or take other measures to offset 3481 adverse impacts. 3482 (d) New or expanded development appurtenant to marinas shall be designed and constructed to 3483 avoid and, where avoidance is not possible, minimize impacts on shoreline functions and processes. 3484 Facilities shall be clustered and located in the least environmentally damaging portion of the site to 3485 reduce clearing and grading impacts. 3486 (e) To meet the regulations in subsection (6)(d) of this section, the following standards shall apply to 3487 new or expanded development appurtenant to marinas: 3488 (i) Accessory uses at marinas shall be limited to water-oriented uses and uses that provide 3489 physical or visual shoreline access for substantial numbers of the general public. Accessory 3490 development includes, but is not limited to, parking, open air storage, waste storage and 3491 treatment, stormwater management facilities, utility and upland transportation development. 3492 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 103/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Water-oriented accessory uses reasonably related to marina operation may be located over 3493 water or near the water’s edge by conditional use permit if an overwater or water’s-edge 3494 location is essential to the operation of the use and if opportunities are provided for substantial 3495 numbers of people to access the shoreline. 3496 (iii) Parking shall be located away from the water’s edge and landward of shoreline buffers 3497 prescribed by this program unless no feasible alternative location exists. 3498 (iv) Parking areas shall meet county stormwater management standards and shall, where 3499 feasible, incorporate low impact development practices such as pervious surfaces and 3500 bioswales. 3501 (v) Dry moorage and other storage areas shall be landscaped with native vegetation to provide 3502 a visual and noise buffer for adjoining uses. 3503 (vi) Pump-out, holding, and/or waste treatment facilities and services shall be provided at all 3504 marinas. Pump-out facilities shall be conveniently located and sited to ensure easy access, 3505 prevent lengthy queues and allow full compliance with waste disposal regulations. Vessel-3506 mounted pump-out services and hard-plumbed stations at each slip shall be preferred over 3507 portable pump-out equipment. 3508 (vii) Marinas shall provide adequate restroom and sewage disposal facilities in compliance with 3509 applicable health regulations. Restrooms shall be available 24 hours a day for use by any patron 3510 of the marina facility; the need for restrooms shall be determined based on the number of slips 3511 and percentage of live-aboard vessels within the marina. 3512 (viii) Garbage and recycling receptacles shall be provided and maintained by the marina 3513 operator at several locations convenient to users. 3514 (ix) Marina operators shall post all regulations pertaining to handling and disposal of waste, 3515 sewage, fuel, and oil or toxic materials where all users may easily read them. 3516 (x) Boat washing facilities shall be provided to minimize transfer of invasive aquatic species 3517 between water bodies. 3518 (f) When reviewing proposals for new or expanded marina facilities, the county shall require the 3519 proponent to prepare and implement appropriate technical studies and plans that are not already 3520 required via another regulatory review process. Examples of studies and plans that may be required 3521 include, but are not limited to: 3522 (i) A maintenance plan for maintaining pump-out and waste/sewage disposal facilities and 3523 services. 3524 (ii) A spill response plan for oil and other spilled products. Compliance with federal or state law 3525 may fulfill this requirement. 3526 (iii) An operational plan that, at a minimum, describes procedures for fuel handling and 3527 storage; measures, including signage, for informing marina users of applicable regulations; 3528 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 104/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations measures for collecting garbage and recyclables; measures and equipment for ensuring public 3529 safety. 3530 (iv) A visual assessment of views from surrounding residential properties, public viewpoints, 3531 and the view of the shoreline from the water surface. 3532 (v) An assessment of existing water-dependent uses in the vicinity including but not limited to, 3533 navigation, fishing, shellfish production and harvest, swimming, beach walking, and picnicking 3534 and shall document potential impacts and mitigating measures. The county shall evaluate 3535 impacts on these resources and impose specific conditions to mitigate impacts as necessary. 3536 (v) Consistency with all applicable federal and state laws, including Chapter 246-282 WAC, the 3537 current National Shellfish Sanitation Program (NSSP) standards, and other applicable standards. 3538 (7) Regulations – Mooring Buoys. 3539 (a) Commercial or recreational mooring buoys may be permitted; provided, that they are consistent 3540 with this program and that individually or cumulatively: 3541 (i) They do not impede the ability of other landowners to access private property; and 3542 (ii) They do not pose a hazard to or obstruct navigation or fishing; and 3543 (iii) They do not contribute to water quality or habitat degradation; and 3544 (iv) They do not pose a threat to a commercial shellfish growing area classification or reduce 3545 the ability to upgrade the classification. 3546 (b) The installation and use of mooring buoys (including commercial and recreational buoys) in 3547 marine waters shall be consistent with all applicable state laws, including Chapter 246-282 WAC, 3548 the current National Shellfish Sanitation Program (NSSP) standards, and other State Departments of 3549 Fish and Wildlife, Health, €/or Natural Resources standards. 3550 (c) Private recreational mooring buoys on state-owned aquatic lands shall not be used for 3551 residential (living on the boat) or commercial purposes. 3552 (d) Mooring buoys shall be located to: 3553 (i) Avoid, to the extent feasible, and minimize disturbance of eelgrass and other valuable 3554 aquatic and nearshore habitat areas; and 3555 (€ Prevent obstruction to navigation. 3556 (e) Mooring buoys shall use neutral buoyancy rope, mid-line float, helical anchors, or other state-3557 approved designs that have minimal adverse effects on aquatic ecosystem and fish. Only if the 3558 substrate prohibits use of embedded anchors, may a Corps-approved alternative anchor (i.e., 3559 concrete block) be used. 3560 (f) Mooring buoys shall not be allowed on lake shorelines of the state. 3561 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 105/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (g) Mooring buoys shall be clearly marked and labeled with the owner’s name and contact 3562 information and permit number(s). 3563 (h) The county shall plan for and coordinate with other agencies to control the placement and 3564 number of mooring buoys within bays and other areas to protect water quality and/or habitat and 3565 ensure that transit channels are maintained. 3566 (i) Applicants are encouraged to consult with and obtain a permit from the U.S. Army Corps of 3567 Engineers prior to pursuing state and county permits to minimize applicant effort and conflicts 3568 with differing agency standards. 3569 (ii) Under no circumstances shall mooring buoy density exceed State Department of Health 3570 guidelines and National Shellfish Sanitation Program (NSSP) standards. 3571 (iii) Residential lots may have up to two buoys to support moorage of a single boat if necessary 3572 to stabilize the boat and minimize damage to ecological resources or other boats. 3573 (iv) Mooring buoys shall comply with any county-approved management plans. 3574 (i) The capacity of each mooring buoy may not exceed one boat and its appurtenant shore access 3575 craft. [Ord. 7-13 Exh. A (Art. VII § 2)] 3576 18.25.360 Dredging. 3577 (1) Policies. 3578 (a) Dredging, as defined in Article II of this chapter, and disposal of dredge material should only be 3579 allowed when alternatives are infeasible and when the dredging/dredge disposal is: 3580 (i) Necessary to support an existing legal use or a proposed water-dependent use or essential 3581 public infrastructure/facility; or 3582 (ii) Part of a clean-up program required under the Model Toxics Control Act or Comprehensive 3583 Environmental Response, Compensation, and Liability Act; or 3584 (iii) Part of an approved ecological restoration or enhancement project; or 3585 (iv) Part of an approved beach nourishment project; or 3586 (v) Required to provide public access for a substantial number of people; or 3587 (vi) Required to provide water-oriented public recreation for a substantial number of people. 3588 (b) When required to support an allowed use or development, dredging/dredge disposal should be 3589 the minimum needed to accommodate the allowed use or development for a reasonably 3590 foreseeable period of time. 3591 (c) When allowed, dredging and disposal operations should be planned, timed and implemented to 3592 minimize: 3593 (i) Adverse impacts to shoreline ecology; and 3594 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 106/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Adverse impacts to in-water and adjacent upland uses; and 3595 (iii) Interference with navigation. 3596 (d) Dredging and dredge disposal should be consistent and coordinated with appropriate local, state 3597 and federal regulations to minimize duplication during the review process. 3598 (e) Dredging and dredge disposal should not occur where they would interfere with existing or 3599 potential ecological restoration activities. 3600 (f) Dredging and dredge disposal should occur where they will provide ecological benefits. 3601 (2) Shoreline Environment Regulations. 3602 (a) Priority Aquatic. Dredging and dredge disposal may be permitted subject to a conditional use 3603 permit if allowed in the adjacent upland environment. 3604 (b) Aquatic. Dredging and dredge disposal may be permitted subject to a conditional use permit if 3605 allowed in the adjacent upland environment. 3606 (c) Natural. Dredging and dredge disposal are prohibited except dredging and dredge disposal may 3607 be permitted as an essential element of an approved shoreline restoration project/program. 3608 (d) Conservancy. Dredging and dredge disposal may be permitted subject to a conditional use 3609 permit. 3610 (e) Shoreline Residential. Dredging and dredge disposal may be permitted subject to a conditional 3611 use permit. 3612 (f) High Intensity. Dredging may be permitted subject to the policies and regulations of this 3613 program. Dredge disposal may be allowed with a conditional use permit. 3614 (3) Regulations – Dredging. 3615 (a) Proponents of new development shall locate and design such development to avoid or, if 3616 avoidance is not possible, to minimize the need for new dredging and maintenance dredging. 3617 (b) The county may permit dredging only when the project proponent demonstrates the activity is 3618 consistent with this program and that there are no feasible alternatives to dredging. 3619 (c) Dredging shall only be allowed when necessary to support the following uses and developments: 3620 (i) Approved harbors, marinas, ports, and water-dependent industries; 3621 (ii) Development or maintenance of essential public infrastructure and facilities; 3622 (iii) Environmental clean-up activities required by the Model Toxics Control Act or 3623 Comprehensive Environmental Response, Compensation, and Liability Act; 3624 (iv) Underground utility installation requiring trenches when boring, directional drilling, and 3625 other installation methods are not feasible; 3626 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 107/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) Maintenance dredging for the purpose of restoring a lawfully established use or 3627 development; 3628 (vi) Maintenance dredging for the purpose of restoring previously permitted or authorized 3629 hydraulic capacity of a stream or river; 3630 (vii) Maintenance of existing irrigation reservoirs, drains, canals, or ditches; 3631 (viii) Establishing, expanding, relocating or reconfiguring navigation channels and basins where 3632 necessary to assure the safety and efficiency of existing navigational uses; 3633 (ix) Ecological restoration and enhancement projects benefiting water quality and/or fish and 3634 wildlife habitat; or 3635 (x) Public access and public water-oriented recreational developments/uses, including 3636 construction of public piers and docks that benefit substantial numbers of people. 3637 (d) The county may permit dredging for flood management purposes only when the project 3638 proponent demonstrates that: 3639 (i) The dredging is a required component of a county-approved comprehensive flood 3640 management plan; or 3641 (ii) The dredging has a long-term benefit to public health and safety and will not cause a net 3642 loss of ecological functions and processes. 3643 (e) When conducting reviews of dredging proposals, the county shall first consider how the 3644 proposed activity has been regulated by other agencies, note same as a reference, and then 3645 establish what further information is needed for local review. The county may require information 3646 to ensure: 3647 (i) The project is designed, located, and timed to mitigate impacts on legally established 3648 neighboring uses and developments; and 3649 (ii) Appropriate measures are taken to ensure the activity will not interfere with fishing or 3650 shellfishing; and 3651 (iii) Appropriate measures are taken to minimize adverse effects on recreation, public access, 3652 and navigation; and 3653 (iv) The activity shall not adversely impact natural processes such as channel migration, marine 3654 bluff erosion and/or net-shoreline drift; and 3655 (v) Appropriate best management practices are employed to prevent water quality impacts or 3656 other forms of environmental degradation; and 3657 (vi) Upstream and upgradient sediment sources that create the need for dredging have been 3658 investigated and where feasible, mitigated; and 3659 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 108/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (vii) Appropriate measures are employed to protect public safety and prevent adverse impacts 3660 on other approved shoreline uses; and 3661 (viii) The proposed activity complies with applicable federal, state, and other local regulations. 3662 (f) Dredging for the primary purpose of obtaining material for landfill, upland construction, or beach 3663 nourishment shall be prohibited. 3664 (g) Maintenance dredging may not be approved under exemption except within the existing 3665 footprint in accordance with previous approved plans. 3666 (4) Regulations – Dredge Disposal. 3667 (a) The county may permit disposal of dredge material only when the project proponent 3668 demonstrates the activity is consistent with this program and that there are no feasible alternatives 3669 to dredge disposal. 3670 (b) When dredge material is deposited on land it shall be considered fill and subject to all applicable 3671 fill regulations. 3672 (c) All unconfined, open water dredge disposal activities shall comply with the Puget Sound Dredged 3673 Disposal Analysis (PSDDA) criteria and guidelines and other applicable local, state and federal 3674 regulations. 3675 (d) When consistent with this program, disposal of dredged materials in water areas other than 3676 PSDDA sites may only be allowed for the following reasons: 3677 (i) To restore or enhance habitat; or 3678 (ii) To reestablish substrates for fish and shellfish resources; or 3679 (iii) To nourish beaches that are starved for sediment; or 3680 (iv) To remediate contaminated sediments. 3681 (e) Proposals for dredged material disposal shall be evaluated for their potential to cause adverse 3682 environmental impacts. Dredged material disposal shall be permitted only when the proponent 3683 demonstrates all of the following: 3684 (i) The proposed action will not cause significant and/or ongoing damage to water quality, fish, 3685 shellfish and/or other biological resources; and 3686 (ii) The proposed action will not adversely alter natural drainage, water circulation, sediment 3687 transport, currents, or tidal flows or significantly reduce floodwater storage capacities; and 3688 (iii) The proposed action includes all feasible mitigation measures to protect marine, estuarine, 3689 freshwater and terrestrial species and habitats. [Ord. 7-13 Exh. A (Art. VII § 3)] 3690 18.25.370 Filling and excavation. 3691 (1) Policies. 3692 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 109/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Filling, as defined in Article II of this chapter, should only be allowed waterward of the ordinary 3693 high water mark when alternatives are infeasible and when the filling is: 3694 (i) Necessary to support an approved water-dependent use or essential public 3695 infrastructure/facility; or 3696 (ii) Part of an approved ecological restoration or enhancement project; or 3697 (iii) Part of an approved aquaculture operation when the fill is required to improve production; 3698 or 3699 (iv) Part of an approved beach nourishment project; or 3700 (v) Required to provide public access for a substantial number of people; or 3701 (vi) Required to provide water-oriented public recreation for a substantial number of people. 3702 (b) Filling and excavation should not be allowed where structural shoreline stabilization would be 3703 required to maintain the materials placed or excavated. 3704 (c) When allowed, filling and excavation should be conducted so that water quality, habitat, 3705 hydrology, natural erosion rates, and runoff/drainage patterns are not adversely affected. 3706 (2) Shoreline Environment Regulations. 3707 (a) Priority Aquatic. Filling may be permitted subject to a conditional use permit if allowed in the 3708 adjacent upland environment. 3709 (b) Aquatic. Filling may be permitted subject to a conditional use permit if allowed in the adjacent 3710 upland environment. 3711 (c) Natural. Filling and excavation is prohibited, except filling and excavation may be permitted as an 3712 essential element of an approved shoreline restoration project/program. 3713 (d) Conservancy. Filling and excavation may be permitted subject to the policies and regulations of 3714 this program and a conditional use permit. 3715 (e) Shoreline Residential. Filling and excavation may be permitted subject to the policies and 3716 regulations of this program. 3717 (f) High Intensity. Filling and excavation may be permitted subject to the policies and regulations of 3718 this program. 3719 (3) Regulations. 3720 (a) Filling and/or excavation shall only be allowed as part of an approved shoreline use and/or 3721 development activity and shall be subject to the requirements of the primary use/development. 3722 (b) Excavation below the ordinary high water mark shall be considered dredging and shall be subject 3723 to JCC 18.25.360 (Dredging). 3724 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 110/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) When allowed, filling and/or excavation shall be located, designed, and carried out in a manner 3725 that: 3726 (i) Minimizes adverse impacts on the shoreline environment; and 3727 (ii) Blends in physically and visually with natural topography, so as not to interfere with 3728 appropriate use, impede public access, or degrade the aesthetic qualities of the shoreline; and 3729 (iii) Does not require shoreline armoring or stabilization to protect materials placed unless it is 3730 part of an approved shoreline restoration project and shoreline armoring or stabilization 3731 measures are needed to keep the material in place. 3732 (d) Fill materials placed within shoreline jurisdiction shall be from an approved source and shall 3733 consist of clean sand, gravel, soil, rock or similar material. The use of contaminated material or 3734 construction debris shall be prohibited. 3735 (e) Fill placed waterward of the ordinary high water mark shall only be permitted when alternatives 3736 are infeasible and when the filling/excavation is necessary to support one or more of the following: 3737 (i) Approved marinas, ports, and other water-dependent industries where upland alternatives 3738 or structural solutions including pile or pier supports are infeasible. 3739 (ii) Development or maintenance of essential public infrastructure and facilities. 3740 (iii) Environmental clean-up activities required by MTCA and CERCLA. 3741 (iv) Maintenance of a lawfully established use or development. 3742 (v) Ecological restoration and enhancement projects benefiting water quality and/or fish and 3743 wildlife habitat. 3744 (vi) Public access and public water-oriented recreation projects benefiting substantial numbers 3745 of people. 3746 (vii) Part of an approved shoreline stabilization, flood control or in-stream structure project 3747 when consistent with this program. 3748 (f) Filling in areas of special flood hazard shall conform to the flood damage prevention provisions of 3749 Chapter 15.15 JCC. 3750 (g) The following information shall be required for all proposals involving fill or excavation unless 3751 the county determines that issues are adequately addressed via another regulatory review process: 3752 (i) A description of the proposed use of the fill area; and 3753 (ii) A description of the fill material, including its source, and physical, chemical and biological 3754 characteristics; and 3755 (iii) A description of the method of placement and compaction; and 3756 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 111/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) A description of the location of the fill relative to natural and/or existing drainage patterns; 3757 and 3758 (v) A description and map of the fill area and depth relative to the ordinary high water mark 3759 (OHWM); and 3760 (vi) A description of proposed means to control erosion and stabilize the fill; and 3761 (vii) A temporary erosion and sediment control (TESC) plan; and 3762 (viii) A description of proposed surface runoff control measures. [Ord. 7-13 Exh. A (Art. VII § 4)] 3763 18.25.380 Flood control structures. 3764 (1) Policies. 3765 (a) The county should prevent the need for flood control works by limiting new development in 3766 flood-prone areas. 3767 (b) New or expanded development or uses in the shoreline, including subdivision of land, that 3768 would likely require flood control structures within a stream, channel migration zone, or floodway 3769 should be prohibited. 3770 (c) Construction of new flood control structures should only be allowed where there is a 3771 documented need to protect an existing structure and mitigation is applied, consistent with this 3772 program. New development should be designed and located to preclude the need for such flood 3773 control structures. 3774 (d) When evaluating the need for flood control structures such as traditional levees and/or dams, 3775 opportunities to remove or relocate existing developments and structures out of flood-prone areas 3776 should be pursued to the maximum extent feasible. Alternative measures, such as overflow 3777 corridors and setback levees, that may have less adverse impact on shoreline ecology should be 3778 considered before structural flood control measures can be approved. 3779 (e) Probable effects on ecological functions and processes should be fully evaluated for consistency 3780 with this program before flood control structures are permitted. 3781 (f) Flood control structures are a necessary and appropriate means of protecting existing 3782 development only when all of the following are met: 3783 (i) The primary use being protected is consistent with this program; and 3784 (ii) Nonstructural flood hazard reduction measures are infeasible; and 3785 (iii) Where such structures can be developed in a manner that is compatible with multiple use 3786 of streams; and 3787 (iv) Where shoreline resources such as fish and wildlife habitat and recreation are protected in 3788 the long term. 3789 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 112/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (g) When proven necessary, flood control structures should be located, designed, and maintained in 3790 a manner that: 3791 (i) Minimizes adverse effects on shoreline ecology; and 3792 (ii) Is compatible with navigation and recreation, especially in shorelines of statewide 3793 significance; provided, that public safety and ecological protection are fully addressed; and 3794 (iii) Incorporates native vegetation to enhance ecological functions, creates a more natural 3795 appearance, improves ecological processes, and provides more flexibility for long-term 3796 shoreline management. 3797 (iv) Nonregulatory methods to protect, enhance, and restore shoreline ecological functions and 3798 processes and other shoreline resources should be encouraged as an alternative to flood 3799 control structures. Nonregulatory methods may include public facility and resource planning, 3800 land or easement acquisition, education, voluntary protection and enhancement projects, or 3801 incentive programs. 3802 (h) The county should continue to develop long-term, comprehensive flood hazard management 3803 plans in cooperation with other applicable agencies and persons to prevent flood damage, maintain 3804 the natural hydraulic capacity of streams and floodplains, and conserve or restore valuable, limited 3805 resources such as fish, water, soil, and recreation and scenic areas. 3806 (i) Planning and design of flood control structures should be consistent with and incorporate 3807 elements from adopted watershed management plans, restoration plans and/or surface water 3808 management plans. 3809 (2) Shoreline Environment Regulations. 3810 (a) Priority Aquatic. Flood control structures may be permitted subject to the policies and 3811 regulations of this program and a conditional use permit if allowed in the adjacent upland 3812 environment. 3813 (b) Aquatic. Flood control structures may be permitted subject to the policies and regulations of this 3814 program and a conditional use permit if allowed in the adjacent upland environment. 3815 (c) Natural. Flood control structures are prohibited. 3816 (d) Conservancy. Flood control structures may be permitted subject to the policies and regulations 3817 of this program and a conditional use permit. 3818 (e) Shoreline Residential. Flood control structures may be allowed subject to the policies and 3819 regulations of this program and a conditional use permit. 3820 (f) High Intensity. Flood control structures may be permitted subject to the policies and regulations 3821 of this program and a conditional use permit. 3822 (3) Regulations. 3823 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 113/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Flood control structures shall be permitted only when there is credible engineering and scientific 3824 evidence that: 3825 (i) They are necessary to protect existing, lawfully established development; and 3826 (ii) They are consistent with Chapters 15.15 and 18.30 JCC and the county Comprehensive Plan; 3827 and 3828 (iii) Nonstructural flood hazard reduction measures are infeasible; and 3829 (iv) Proposed measures are consistent with an adopted comprehensive flood hazard 3830 management plan if available. 3831 (b) When permitted, flood control structures shall be: 3832 (i) Constructed and maintained in a manner that does not degrade the quality of affected 3833 waters or the habitat value associated with the in-stream and riparian area; and 3834 (ii) Placed landward of the OHWM except for weirs, current deflectors and similar structures 3835 whose primary purpose is to protect public bridges and roads; and 3836 (iii) Placed landward of associated wetlands and designated habitat conservation areas, except 3837 for structures whose primary purpose is to improve ecological functions; and 3838 (iv) Designed based on engineering and scientific analyses that provide the highest degree of 3839 protection to shoreline ecological functions or processes; and 3840 (v) Designed to allow for normal ground water movement and surface runoff. Natural in-stream 3841 features such as snags, uprooted trees, or stumps should be left in place unless they are 3842 actually causing bank erosion or higher flood stages; and 3843 (vi) Designed to allow streams to maintain point bars and associated aquatic habitat through 3844 normal accretion so that the stream can maintain normal meander progression and maintain 3845 most of its natural storage capacity. 3846 (c) When permitted, dikes and levees shall be limited to that height required to protect adjacent 3847 lands from the predictable annual flood unless it can be demonstrated through hydraulic modeling 3848 that a greater height is needed and will not adversely impact shoreline ecological functions and 3849 processes. 3850 (d) Flood control works are prohibited on estuary or embayment shores, on point and channel bars, 3851 and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat 3852 enhancement or restoration. 3853 (e) Flood control structures and stream channelization projects that damage fish and wildlife 3854 resources, recreation or aesthetic resources, or create high flood stages and velocities shall be 3855 prohibited. 3856 (f) Use of solid waste such as motor vehicles, derelict vessels, appliances, or demolition debris; 3857 construction of flood control works is prohibited. 3858 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 114/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (g) Flood control structures shall not adversely affect valuable recreation resources and aesthetic 3859 values such as point and channel bars, islands, and braided banks. 3860 (h) The county shall require flood control structures to be professionally engineered and designed 3861 prior to final approval. The design shall be consistent with the Department of Fish and Wildlife 3862 Aquatic Habitat Guidelines and other applicable guidance and regulatory requirements. 3863 (i) No flood control structure shall be installed or constructed without the developer having 3864 obtained all applicable federal, state, and local permits and approvals, including but not limited to a 3865 Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife. 3866 (j) Removal of beaver dams to control or limit flooding shall be allowed; provided, that the project 3867 proponent coordinates with the Department of Fish and Wildlife and obtains all necessary permits 3868 and approvals from the state. 3869 (k) To determine that the provisions of this section are fully addressed, the county may require one 3870 or more technical studies/reports at the time of permit application for flood control structures 3871 unless the county determines that issues are adequately addressed via another regulatory review 3872 process. Technical reports required pursuant to this section shall address the following: 3873 (i) An analysis of the flood frequency, duration and severity and expected health and safety 3874 risks as a rationale and justification for the proposed structure. 3875 (ii) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated 3876 effects of the project on stream hydraulics, including potential increases in base flood 3877 elevation, changes in stream velocity, and the potential for redirection of the normal flow of 3878 the affected stream. 3879 (iii) A biological resource inventory and analysis prepared by a qualified professional biologist 3880 that describes the anticipated effects of the project on fish and wildlife resources. 3881 (iv) Proposed provisions for accommodating public access to and along the affected shoreline, 3882 as well as any proposed on-site recreational features. 3883 (v) A description of any proposed plans to remove vegetation and revegetate the site following 3884 construction. 3885 (l) To ensure compliance with the no net loss provisions of this program, the county may require the 3886 proponent to prepare a mitigation plan that describes measures for protecting shoreline and in-3887 stream resources during construction and operation of a flood control structure. The required 3888 mitigation shall be commensurate with the value and type of resource or system lost. Mitigation 3889 activities shall be monitored by the proponent to determine the effectiveness of the mitigation 3890 plan. In instances where the existing mitigation measures are found to be ineffective, the 3891 proponent shall take corrective action that satisfies the objectives of the mitigation plan. [Ord. 7-13 3892 Exh. A (Art. VII § 5)] 3893 18.25.390 In-stream structures. 3894 (1) Policies. 3895 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 115/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Large-scale in-stream structures such as hydroelectric dams and related facilities are discouraged 3896 in Jefferson County. Such facilities should not be permitted except in the rare instance where there 3897 is clear evidence that the benefits to county residents outweigh any potential adverse ecological 3898 impacts. 3899 (b) In-stream structures should be approved only when associated with and necessary for an 3900 ecological restoration project, a fish passage project, or an allowed shoreline use/development such 3901 as a utility or industrial facility. 3902 (c) When necessary, in-stream structures should be located, designed, operated and maintained in 3903 a manner that minimizes adverse effects on the stream functions and processes. 3904 (d) Proposals for new in-stream structures should be evaluated for their potential adverse effects 3905 on the physical, hydrological, and biological characteristics as well as effects on species that inhabit 3906 the stream or riparian area. 3907 (e) When necessary, in-stream structures should be planned and designed to be compatible with 3908 navigation and recreation, especially in shorelines of statewide significance; provided, that public 3909 safety and ecological protection are fully addressed. 3910 (2) Shoreline Environment Regulations. 3911 (a) Priority Aquatic. In-stream structures may be allowed subject to the policies and regulations of 3912 this program and a conditional use permit if allowed in the adjacent upland environment. 3913 (b) Aquatic. In-stream structures may be allowed subject to the policies and regulations of this 3914 program and a conditional use permit if allowed in the adjacent upland environment. 3915 (c) Natural. In-stream structures are prohibited, except that in-stream structures (such as large 3916 woody debris) whose primary purpose is restoration of shoreline ecological conditions may be 3917 permitted subject to the provisions of this program. 3918 (d) Conservancy. In-stream structures may be allowed subject to the policies and regulations of this 3919 program and a conditional use permit. 3920 (e) Shoreline Residential. In-stream structures may be allowed subject to the policies and 3921 regulations of this program and a conditional use permit. 3922 (f) High Intensity. In-stream structures may be allowed subject to the policies and regulations of this 3923 program and a conditional use permit. 3924 (3) Regulations. 3925 (a) Dams and associated power generating facilities shall not be permitted except in the rare 3926 instance where there is clear evidence that the benefits to county residents outweigh any potential 3927 adverse ecological impacts. The criteria for approving such facilities will depend on the specific 3928 location including its particular physical, cultural, and ecological conditions. Prior to approving or 3929 denying such facilities, the county shall consult citizens and appropriate agencies to evaluate in-3930 stream structure proposals. 3931 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 116/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) In-stream structures whose primary purpose is flood control shall be subject to JCC 18.25.380 3932 (Flood control structures) and this section. In-stream structures whose purpose is power generation 3933 shall be subject to the policies and regulations for JCC 18.25.470 (industrial use) and this section. 3934 (c) When permitted, in-stream structures and their support facilities shall be: 3935 (i) Constructed and maintained in a manner that does not degrade the quality of affected 3936 waters or the habitat value associated with the in-stream and riparian area; and 3937 (ii) Located and designed based on reach analysis to avoid the need for structural shoreline 3938 armoring. 3939 (d) All in-water diversion structures shall be designed to permit the natural transport of bedload 3940 materials. All debris, overburden and other waste materials from construction shall be disposed of 3941 in such a manner that prevents their entry into a water body. 3942 (e) In-stream structures shall not impede upstream or downstream migration of anadromous fish. 3943 (f) Small-scale power generating microturbines may be placed in streams, provided they do not 3944 create impoundments and there are no adverse effects on shoreline functions and processes, 3945 including but not limited to, stream flow, habitat structure, temperature, and/or water quality. The 3946 county shall take appropriate measures and precautions to prevent the proliferation of small-scale 3947 power generating apparatus as necessary to prevent cumulative adverse impacts. 3948 (g) The county shall require any proposed in-stream structure to be professionally engineered and 3949 designed prior to final approval. 3950 (h) No in-stream structure shall be installed without the developer having obtained all applicable 3951 federal, state, and local permits and approvals, including but not limited to a Hydraulic Project 3952 Approval (HPA) from the State Department of Fish and Wildlife. 3953 (i) The county shall require the proponent of any in-stream structure proposal to provide the 3954 following information prior to final approval unless the county determines that the issues are 3955 adequately addressed via another regulatory review process: 3956 (i) A site suitability analysis that provides the rationale and justification for the proposed 3957 structure. The analysis shall include a description and analysis of alternative sites, and a 3958 thorough discussion of the environmental impacts of each; and 3959 (ii) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated 3960 effects of the project on stream hydraulics, including potential increases in base flood 3961 elevation, changes in stream velocity, and the potential for redirection of the normal flow of 3962 the affected stream; and 3963 (iii) A biological resource inventory and analysis prepared by a qualified professional biologist 3964 that describes the anticipated effects of the project on fish and wildlife resources; and 3965 (iv) For hydropower facilities, the proposed location and design of powerhouses, penstocks, 3966 accessory structures and access and service roads; and 3967 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 117/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) Proposed provisions for accommodating public access to and along the affected shoreline, 3968 as well as any proposed on-site recreational features; and 3969 (vi) A description of any plans to remove vegetation and/or revegetate the site following 3970 construction; and proposed mitigation plan that describes, in detail, provisions for protecting 3971 in-stream resources during construction and operation, and measures to compensate for 3972 impacts that resources that cannot be avoided. 3973 (vii) A description of sites proposed for the depositing of debris, overburden, and other waste 3974 materials generated during construction. [Ord. 7-13 Exh. A (Art. VII § 6)] 3975 18.25.400 Restoration. 3976 (1) Policies. 3977 (a) Protection of existing resources is the best way to ensure the long-term health and well-being of 3978 Jefferson County shorelines. Restoration should be used to complement the protection strategies 3979 required by this program to achieve the greatest overall ecological benefit. 3980 (b) This program recognizes the importance of restoring shoreline ecological functions and 3981 processes. Jefferson County supports cooperative restoration efforts by strategically organizing 3982 programs between local, state, and federal public agencies, tribes, nonprofit organizations, and 3983 landowners to improve shorelines with impaired ecological functions and/or processes. 3984 (c) Restoration actions should restore shoreline ecological functions and processes as well as 3985 shoreline features and should be targeted toward meeting the needs of sensitive and/or regionally 3986 important plant, fish and wildlife species. 3987 (d) Restoration should be integrated with and should support other natural resource management 3988 efforts in Jefferson County and in the greater Puget Sound region. 3989 (e) Priority should be given to restoration actions that meet the goals and objectives contained in 3990 JCC 18.25.170 (Restoration and enhancement). 3991 (f) When prioritizing restoration actions, the county should give highest priority to measures that 3992 have the greatest chance of reestablishing ecosystem processes and creating self-sustaining 3993 habitats. 3994 (2) Shoreline Environment Regulations. 3995 (a) Priority Aquatic. Restoration may be permitted subject to provisions of this program. 3996 (b) Aquatic. Restoration may be permitted subject to provisions of this program. 3997 (c) Natural. Restoration may be permitted subject to provisions of this program. 3998 (d) Conservancy. Restoration may be permitted subject to provisions of this program. 3999 (e) Shoreline Residential. Restoration may be permitted subject to provisions of this program. 4000 (f) High Intensity. Restoration may be permitted subject to provisions of this program. 4001 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 118/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (3) Regulations. Restoration shall be carried out in accordance with an approved restoration plan and in 4002 accordance with the policies and regulations of this program. [Ord. 7-13 Exh. A (Art. VII § 7)] 4003 (4) The County may grant relief from shoreline master program development standards and use 4004 regulations resulting from shoreline restoration projects within urban growth areas consistent with 4005 criteria and procedures in WAC 173-27-215. 4006 18.25.410 Structural shoreline armoring and shoreline stabilization. 4007 (1) Policies. 4008 (a) The county should take active measures to preserve natural unarmored shorelines and prevent 4009 the proliferation of bulkheads and other forms of shoreline armoring. 4010 (b) Nonstructural stabilization measures including relocating structures, increasing buffers, 4011 enhancing vegetation, managing drainage and runoff and other measures are preferred over 4012 structural shoreline armoring. 4013 (c) Structural shoreline armoring should only be permitted when necessary to support a primary 4014 structure associated with an approved shoreline use/development, public infrastructure, and/or 4015 essential public facilities when other alternatives are infeasible. 4016 (d) Where beach erosion threatens an existing use or development, proposals for new structural 4017 shoreline armoring should evaluate a range of options and designs. On a reach-specific basis, causes 4018 of erosion as well as effects should be evaluated. Beach management issues such as sediment 4019 conveyance, geohydraulic processes, and ecological relationships all should be considered in 4020 arriving at a design to minimize disturbance. 4021 (e) Shoreline stabilization and shoreline armoring for the purpose of leveling or extending property 4022 or creating or preserving residential lawns, yards or landscaping should not be allowed. 4023 (f) When structural shoreline armoring is determined necessary to protect public infrastructure and 4024 primary structures, it should be located, designed, and maintained in a manner that minimizes 4025 adverse effects on shoreline ecology, including effects on the project site, adjacent properties, and 4026 sediment transport to downdrift areas. 4027 (g) Before approving shoreline armoring structures, the county should require the proponent to 4028 identify, address and mitigate probable effects on shoreline processes and functions. 4029 (h) Shoreline armoring structures should be located and designed based on an understanding of 4030 long-term physical shoreline processes. The structural shoreline armoring should fit the physical 4031 character and hydraulic energy of a specific shoreline reach, which may differ substantially from 4032 adjacent reaches. 4033 (i) Vertical concrete or rock walls should be avoided whenever possible and only be used to protect 4034 shorelines as a last resort and only when extreme measures are required. 4035 (j) Structural shoreline armoring should not interfere with existing or future public access to public 4036 shorelines nor with other appropriate shoreline uses such as navigation, seafood harvest, or 4037 recreation. 4038 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 119/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (k) When seeking approval for new structural shoreline armoring, the project proponent should 4039 include public access that is consistent with JCC 18.25.290 (Public access). 4040 (l) Proponents of new structural shoreline armoring should coordinate with other affected property 4041 owners and public agencies to address ecological and geo-hydraulic processes, sediment 4042 conveyance and beach management issues for the whole drift sector (net shoreline-drift cell) or 4043 shoreline reach where feasible. 4044 (m) Where feasible, any failing, harmful, unnecessary, or ineffective structural shoreline armoring 4045 should be removed, and shoreline ecological functions and processes should be restored using 4046 nonstructural methods. 4047 (n) In addition to conforming to the regulations in this program, nonregulatory methods to protect, 4048 enhance, and restore shoreline ecological functions and other shoreline resources should be 4049 encouraged. Nonregulatory methods may include public facility and resource planning, technical 4050 assistance, education, voluntary enhancement and restoration projects, land acquisition and 4051 restoration, or other incentive programs. 4052 (2) Shoreline Environment Regulations. 4053 (a) Priority Aquatic. Shoreline stabilization may be permitted subject to the provisions of this 4054 program. New structural shoreline armoring is prohibited, except to protect existing public 4055 transportation infrastructure and essential public facilities, in which case it may be allowed as a 4056 conditional use. 4057 (b) Aquatic. Shoreline stabilization may be permitted subject to the provisions of this program. 4058 Structural shoreline armoring to protect existing public transportation infrastructure and existing 4059 essential public facilities may be allowed as a conditional use if allowed in the adjacent upland 4060 environment. Structural shoreline armoring to protect new residential developments is prohibited. 4061 (c) Natural. Shoreline stabilization may be permitted subject to the provisions of this program. 4062 Structural shoreline armoring is prohibited except that structural shoreline armoring to protect 4063 existing public transportation infrastructure and existing essential public facilities may be allowed as 4064 a conditional use. 4065 (d) Conservancy. Shoreline stabilization may be permitted subject to the provisions of this program. 4066 Shoreline armoring structures may be permitted as a conditional use. 4067 (e) Shoreline Residential. Shoreline stabilization may be permitted subject to the provisions of this 4068 program. Shoreline armoring structures may be permitted as a conditional use. 4069 (f) High Intensity. Shoreline stabilization may be permitted subject to the provisions of this program. 4070 Shoreline armoring structures may be permitted as a conditional use. 4071 (3) Regulations – Existing Structural Shoreline Armoring. 4072 (a) Existing structural shoreline armoring, as defined in Article II of this chapter, which can no longer 4073 adequately serve its purpose may be replaced in kind if there is a demonstrated need to protect 4074 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 120/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations public transportation infrastructure, essential public facilities, and primary structures from erosion 4075 caused by currents, tidal action, or waves and all of the following apply: 4076 (i) The replacement structure is designed, located, sized, and constructed to assure no net loss 4077 of ecological functions. 4078 (ii) The replacement structure performs the same stabilization function of the existing structure 4079 and does not require additions to or increases in size. 4080 (iii) The replacement structure shall not encroach waterward of the ordinary high water mark 4081 or existing structure unless the residence was occupied prior to January 1, 1992, and there are 4082 overriding safety or environmental concerns. In such cases, the replacement structure shall 4083 abut the existing shoreline stabilization structure. 4084 (b) Removal of older structures is required as new ones are put in place. Exceptions may be made 4085 by the administrator only in cases where removal would cause more ecological disturbance than 4086 leaving the remnant structure in place. 4087 (4) Regulations – Subdivisions and Existing Lots without Structures. 4088 (a) Land subdivisions shall be designed using geotechnical analysis to assure that future 4089 development or use of the established lots will not require structural shoreline armoring or 4090 shoreline stabilization. 4091 (b) Use of a bulkhead, revetment or similar shoreline armoring to protect a platted lot where no 4092 primary use or structure presently exists shall be prohibited. Where such shoreline armoring 4093 already exists, property owners are strongly encouraged to remove it. 4094 (c) Structural shoreline armoring or shoreline stabilization for the sole purpose of leveling or 4095 extending property or creating or preserving residential lawns, yards, or landscaping shall be 4096 prohibited. Where such shoreline armoring already exists, property owners are strongly encouraged 4097 to remove it. 4098 (5) Regulations – New or Expanded Structural Shoreline Armoring, When Allowed. 4099 (a) Structural shoreline armoring shall be prohibited in or adjacent to lakes and other low energy 4100 environments such as bays, and accreting marine shores. Where such shoreline armoring already 4101 exists, property owners are strongly encouraged to remove it. 4102 (b) New structural shoreline armoring may be permitted and existing structural shoreline armoring 4103 may be expanded only when one or more of the following apply: 4104 (i) When necessary to support a project whose primary purpose is enhancing or restoring 4105 ecological functions. 4106 (ii) As part of an effort to remediate hazardous substances pursuant to Chapter 70.105 RCW. 4107 (iii) When necessary to protect public transportation infrastructure or essential public facilities 4108 and other options are infeasible. 4109 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 121/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) When necessary to protect an existing, lawfully established primary structure or support a 4110 water-dependent development or new non-water-dependent development,, including a single-4111 family residence but not including a boathouse €other accessory structure, that is in imminent 4112 danger of loss or substantial damage from erosion caused by tidal action, currents, or waves. 4113 (c) Proposals for new or expanded structural shoreline armoring allowed under subsection (5)(b) of 4114 this section shall clearly demonstrate all of the following before a permit can be issued: 4115 (i) The erosion is not being caused by upland conditions, such as the loss of vegetation or poor 4116 drainage. 4117 (ii) The structural shoreline armoring design is the least environmentally damaging alternative. 4118 (iii) The shoreline armoring complies with the flood damage prevention regulations in Chapter 4119 15.15 JCC. 4120 (iv) Adverse impacts are fully mitigated according to the prescribed mitigation sequence such 4121 that there is no net loss of shoreline ecological functions or processes. 4122 (v) Alternatives to structural shoreline armoring including vegetative shoreline stabilization, 4123 flexible/natural materials and methods, beach nourishment and other forms of bioengineering 4124 are determined to be infeasible or insufficient. 4125 (d) When evaluating the need for new or expanded structural shoreline armoring, the applicant 4126 shall consider the range of options described in the most current technical guidance, including but 4127 not limited to Soft Shoreline Stabilization (Ecology, 2014), Marine Shoreline Design Guidelines 4128 (WDFW 2014), and similar. The administrator shall require the applicant to implement alternatives 4129 to structural shoreline armoring in the following order of preference: 4130 (i) No action (allow the shoreline to retreat naturally). 4131 (ii) Nonstructural measures including increased buffers/building setbacks, drainage/runoff 4132 management, and/or relocated structures. 4133 (iii) Use of natural, soft or hybrid materials and methods, vegetation 4134 enhancement/stabilization, beach nourishment, protective berms, or bioengineered shoreline 4135 stabilization. Soft approaches shall be used unless demonstrated not to be sufficient to protect 4136 primary structures, dwellings, and businesses. 4137 (e) The county shall require applicants for new or expanded structural shoreline armoring to 4138 provide credible evidence of erosion in a geotechnical analysis as the basis for documenting that the 4139 primary structure is in imminent danger from shoreline erosion caused by tidal action, currents, or 4140 waves. The geotechnical analysis shall: 4141 (i) Demonstrate that the erosion is not due to landslides, sloughing or other forms of shoreline 4142 erosion unrelated to water action at the toe of the slope; and 4143 (ii) Demonstrate that the erosion is not due to on-site drainage and vegetation characteristics, 4144 and cannot be addressed through on-site drainage improvements or vegetation planting; and 4145 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 122/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) Be prepared by a licensed professional engineer or geologist or other qualified professional 4146 with appropriate credentials. 4147 (6) Regulations – New or Expanded Shoreline Armoring, Design Standards. 4148 (a) New or expanded shoreline armoring shall be designed by a state licensed professional 4149 geotechnical engineer and/or engineering geologist and constructed according to applicable U.S. 4150 Army Corps of Engineers requirements and/or State Department of Fish and Wildlife Aquatic 4151 Habitat Guidelines. 4152 (b) The size of structural shoreline armoring shall be limited to the minimum necessary to protect 4153 the primary use or structure that it is intended to protect. 4154 (c) When shoreline armoring is permitted, it shall be constructed of erosion resistant, 4155 environmentally safe and durable materials that are easy to maintain. 4156 (d) Shoreline armoring shall be designed and constructed with gravel backfill and weep holes so that 4157 natural downward movement of surface or ground water may continue without ponding or 4158 saturation that could compromise the surrounding soil stability. 4159 (e) All forms of structural shoreline armoring shall be constructed and maintained in a manner that 4160 does not degrade the quality of affected waters. The county may require setbacks, buffers, and/or 4161 other measures to achieve these objectives. 4162 (f) Shoreline armoring shall not be constructed with waste materials such as demolition debris, 4163 derelict vessels, tires, concrete or any other materials which might have adverse toxic or visual 4164 impacts on shoreline areas. 4165 (g) Gabions are prohibited as a means of stabilizing shorelines because of their limited durability 4166 and the potential hazard to shoreline users and the shoreline environment. 4167 (h) Proposals, other than single-family residential developments of four or fewer lots, that involve 4168 new or expanded shoreline armoring shall incorporate public access features consistent with JCC 4169 18.25.290 (Public access). 4170 (7) Regulations – Bulkheads. 4171 (a) Bulkheads shall comply with the regulations noted in subsections (2) through (6) of this section. 4172 (b) Bulkheads shall meet all of the following criteria: 4173 (i) They shall be located generally parallel to the shoreline. Adequate bank toe protection shall 4174 be provided to ensure bulkhead stability without relying on additional rip-rap; and 4175 (ii) They shall be located so as to tie in flush with existing bulkheads on adjoining properties, 4176 except when adjoining bulkheads do not comply with the design or location requirements set 4177 forth in this program. 4178 (8) Regulations – Revetments. 4179 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 123/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Revetments shall comply with the regulations noted in subsections (2) through (6) of this 4180 section. 4181 (b) Revetments shall meet all of the following criteria: 4182 (i) Revetments shall be placed landward of associated wetlands; and 4183 (ii) Revetments shall be located sufficiently landward of the stream channel to allow streams to 4184 maintain point bars and associated aquatic habitat through €mal accretion; and 4185 (iii) Revetments shall be prohibited on estuarine shores, in wetlands, on point and channel 4186 bars, and in salmon and trout spawning areas. 4187 (c) Revetments or similar structures that have already cut off point bars from the stream shall be 4188 relocated if feasible. 4189 (d) When requesting a permit for a revetment along a stream or river, the applicant shall provide a 4190 geotechnical analysis of stream geomorphology both upstream and downstream of the proposed 4191 revetment site to assess the physical character and hydraulic energy potential of the specific stream 4192 reach and adjacent upstream or downstream reaches. The purpose of such analysis is to assure that 4193 the physical integrity of the stream corridor is maintained, that stream processes are not adversely 4194 affected, and that the revetment will not cause significant damage to other properties or shoreline 4195 functions and processes. 4196 (9) Regulations – Breakwaters, Jetties, and Seawalls. 4197 (a) Breakwaters, jetties, and seawalls shall comply with the regulations noted in subsections (2) 4198 through (6) of this section. 4199 (b) Breakwaters, jetties, and seawalls shall only be allowed when shown to be necessary: 4200 (i) For purposes of navigation, or fisheries or habitat enhancement; or 4201 (ii) To protect from strong wave action public water-dependent uses such as a harbor, marina, 4202 or port that are located seaward of the existing shoreline; or 4203 (iii) When adverse impacts on water circulation, sediment transport, fish and wildlife migration, 4204 shellfish, and aquatic vegetation can be effectively mitigated. 4205 (c) Open-pile, floating, portable, or submerged breakwaters, or several smaller discontinuous 4206 structures that are anchored in place, shall be preferred over fixed breakwaters. 4207 (10) Regulations –Shoreline Stabilization (including bioengineering and biostabilization). New, 4208 expanded, or replacement proposals for shoreline stabilization shall comply with applicable policies and 4209 regulations in subsections (1), (2), (4) and (11) of this section. If a stabilization proposal also includes 4210 hard armoring, the proposal shall be reviewed under applicable policies and regulations in subsections 4211 (1) through (9) and (11) of this section. Soft shoreline stabilization measures that provide restoration of 4212 shoreline ecological functions may be permitted waterward of the ordinary high-water mark. 4213 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 124/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (11) Regulations – Application Requirements. To verify that the provisions of this section are fully 4214 addressed, the county may require information to support a permit application for any type of structural 4215 shoreline armoring or shoreline stabilization. Application information required pursuant to this section 4216 shall address the urgency and risks associated with the specific site characteristics and shall include: 4217 (a) A scaled site plan showing: (i) existing site topography; (ii) the height, length, and width of 4218 existing and proposed armoring or stabilization; and (iii) the location of existing and proposed 4219 shoreline stabilization, shoreline armoring structures, and any fill including dimensions indicating 4220 distances and compass bearing between the face of the proposed armoring or stabilization and the 4221 OHWM, appropriate tidal elevation, and permanent benchmarks; and 4222 (b) A description of the processes affecting the site and surrounding areas, including but not limited 4223 to: tidal action and/or waves; slope instability or mass wasting; littoral drift; channel migration; and 4224 soil erosion, deposition, or accretion; and 4225 (c) A description of alternatives to structural approaches, and a thorough discussion of the 4226 environmental impacts of each alternative; and 4227 (d) A description of any proposed vegetation removal and a plan to revegetate the site following 4228 construction; and 4229 (e) A hydraulic analysis prepared by a licensed professional engineer that describes anticipated 4230 effects of the project on water and wave elevations and velocities; and 4231 (f) If required per subsections (4) and (5) above, a geotechnical report prepared by a licensed 4232 geotechnical engineer or engineering geologist. The report shall address the necessity for shoreline 4233 stabilization or structural shoreline armoring to protect a primary structure by estimating time 4234 frames and rates of erosion and assessing the urgency associated with the specific situation. As a 4235 general matter, hard armoring solutions should not be authorized except when a report confirms 4236 that there is a significant possibility that such a structure will be damaged within three years as a 4237 result of shoreline erosion in the absence of such hard armoring measures, or where waiting until 4238 the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on 4239 ecological functions. Thus, where the geotechnical report confirms a need to prevent potential 4240 damage to a primary structure, but the need is not as immediate as three years, that report may 4241 still be used to justify more immediate authorization to protect against erosion using soft measures. 4242 (g) A biological resource inventory and analysis prepared by a qualified professional biologist that 4243 describes the anticipated effects of the project on fish and wildlife resources; and 4244 (h) A description of opportunities for providing public access to and along the affected shoreline, as 4245 well as any proposed on-site recreational features if applicable; and 4246 (i) A description of any waste and debris disposal sites for materials generated during construction; 4247 and 4248 (j) Any other information that may be required to demonstrate compliance with the review criteria 4249 referenced in this section. [Ord. 7-13 Exh. A (Art. VII § 8)] 4250 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 125/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Article VIII. Use-Specific Policies and Regulations 4251 18.25.420 Purpose. 4252 This article describes policies and regulations that apply to specific uses and developments in the 4253 shoreline jurisdiction. The policies and regulations are intended to work in concert with the master 4254 program goals (Article III of this chapter) and the general policies and regulations (Article IV of this 4255 chapter). Policies and regulations that address specific shoreline modifications (e.g., bulkheads, piers, 4256 dredging, etc.) that may be associated with, or accessory to, a specific use are in Article VII of this 4257 chapter. [Ord. 7-13 Exh. A (Art. VIII)] 4258 18.25.430 Agriculture. 4259 (1) Policies. 4260 (a) Agriculture is important to the long-term economic viability of Jefferson County. Consistent with 4261 WAC 173-26-241(3)(a)(ii), this program should not modify or limit ongoing agricultural activities 4262 occurring on agricultural lands. 4263 (b) New agricultural uses and development, as defined in Article II of this chapter, proposed on land 4264 not currently in agricultural use, and conversion of agricultural lands to non-agricultural uses, 4265 should conform to this program. 4266 (c) New agricultural use and development should be managed to: 4267 (i) Prevent livestock intrusion into the water; 4268 (ii) Control runoff; 4269 (iii) Prevent water quality contamination caused by nutrients and noxious chemicals; 4270 (iv) Minimize clearing of riparian areas; 4271 (v) Prevent bank erosion; and 4272 (vi) Assure no net loss of ecological functions and avoid adverse effects on shoreline resources 4273 and values. 4274 (d) New agricultural use and development should preserve and maintain native vegetation between 4275 tilled lands and adjacent water bodies. The width of the native vegetation zone should vary 4276 depending on site conditions with the overall goal being to limit clearing of riparian corridors. 4277 (e) Intensive residential, industrial and commercial uses and uses that are unrelated to agriculture 4278 should be located so as not to create conflicts with agricultural uses. 4279 (f) The county should promote cooperative arrangements between farmers and public recreation 4280 agencies so that public use of shorelines does not conflict with agricultural operations. 4281 (g) Existing and new agricultural uses are encouraged to use best management practices to prevent 4282 erosion, runoff, and associated water quality impacts. 4283 (h) The county recognizes the importance of local food production, both on land and in water areas, 4284 when properly managed to control pollution and prevent environmental damage. As consistent 4285 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 126/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations with the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065, upland finfish 4286 aquaculture is considered agricultural production. However, for purposes of this program, upland 4287 finfish aquaculture should instead be managed as aquaculture and aquaculture activities, as defined 4288 in Article II of this chapter. 4289 (i) Collaborate with partners such as North Olympic Development Council (NODC), Washington 4290 State University (WSU), and Jefferson County Conservation District to assess likely impacts of 4291 climate change on agriculture and to develop mitigation and adaptation strategies suited to 4292 Jefferson County’s soils and farm economy. (Comprehensive Plan Policy NR-P-8.6) 4293 (2) Shoreline Environment Regulations. 4294 (a) Priority Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per 4295 the aquaculture policies and regulations of this program. 4296 (b) Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per the 4297 aquaculture policies and regulations of this program. 4298 (c) Natural. New agricultural activities are prohibited, except that low intensity agricultural activities 4299 such as grazing may be allowed subject to policies and regulations of this program; provided, that 4300 such low intensity agriculture does not expand or alter agricultural practices in a manner 4301 inconsistent with the purpose of this designation. All other agricultural activities are prohibited, 4302 except upland finfish aquaculture per the aquaculture policies and regulations of this program. 4303 (d) Conservancy. New agricultural activities may be allowed subject to policies and regulations of 4304 this program. 4305 (e) Shoreline Residential. New agricultural activities may be allowed subject to policies and 4306 regulations of this program. 4307 (f) High Intensity. New agricultural activities may be allowed subject to policies and regulations of 4308 this program. 4309 (3) Regulations. 4310 (a) In accordance with RCW 90.58.065, this program shall not restrict existing agricultural activities 4311 on agricultural land. 4312 (b) New agricultural use and development on lands not meeting the definition of agricultural land 4313 shall comply with this program and all of the following regulations: 4314 (i) Manure spreading shall be conducted in a manner that prevents animal wastes from 4315 entering water bodies or wetlands adjacent to water bodies. Manure spreading shall not be 4316 allowed within the floodway or within 25 feet of the ordinary high water mark of any shoreline, 4317 whichever is greater. 4318 (ii) Confinement lots, feeding operations, lot wastes, manure storage or stockpiles, and storage 4319 of noxious chemicals shall not be allowed within floodways or within 200 feet of the ordinary 4320 high water mark of any shoreline, whichever is greater. 4321 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 127/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) A buffer of naturally occurring or planted native vegetation shall be maintained between 4322 the shoreline and areas used for crops or intensive grazing. The width of the buffer on marine, 4323 river, and lake shorelines shall correspond to the standards of this program. 4324 (iv) Bridges, culverts and/or ramps shall be used to enable livestock to cross streams without 4325 damaging the streambed or banks. 4326 (v) Stock watering facilities shall be provided so that livestock do not need to access streams or 4327 lakes for drinking water. 4328 (vi) Fencing or other grazing controls shall be used as appropriate to prevent bank compaction, 4329 bank erosion, or the overgrazing of, or damage to, shoreline buffer vegetation. 4330 (c) Upland finfish aquaculture use and development shall be subject to the Aquaculture policies and 4331 regulations (JCC 18.25.440). [Ord. 7-13 Exh. A (Art. VIII § 1)] 4332 18.25.440 Aquaculture. 4333 (1) Policies. 4334 (a) Aquaculture is a preferred, water-dependent use of regional and statewide interest that is 4335 important to the long-term economic viability, cultural heritage and environmental health of 4336 Jefferson County. 4337 (b) The county should support aquaculture uses and developments that: 4338 (i) Protect and improve water quality; and 4339 (ii) Minimize damage to important nearshore habitats; and 4340 (iii) Minimize interference with navigation and normal public use of surface waters; and 4341 (iv) Minimize the potential for cumulative adverse impacts, such as those resulting from in-4342 water structures/apparatus/equipment, land-based facilities, and substrate 4343 disturbance/modification (including rate, frequency, and spatial extent). 4344 (c) When properly managed, aquaculture can result in long-term ecological and economic benefits. 4345 The county should engage in coordinated planning to identify potential aquaculture areas and 4346 assess long-term needs for aquaculture. This includes working with the Washington Department of 4347 Fish and Wildlife (WDFW), the Department of Natural Resources (DNR), area tribes and shellfish 4348 interests to identify areas that are suitable for aquaculture and protect them from uses that would 4349 threaten aquaculture’s long-term sustainability. 4350 (d) Aquaculture use and development should locate in areas where biophysical conditions, such as 4351 tidal currents, water temperature and depth, will minimize adverse environmental impacts. 4352 Individual aquaculture uses and developments should be separated by a sufficient distance to 4353 ensure that significant adverse cumulative effects do not occur. 4354 (e) The county should support tideland aquaculture use and development when consistent with this 4355 program and protect tidelands and bedlands that were acquired and retained under the Bush and 4356 Callow Acts by not permitting non-aquaculture use and development on these tidelands. 4357 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 128/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (f) Intensive residential uses, other industrial and commercial uses, and uses that are unrelated to 4358 aquaculture should be located so as not to create conflicts with aquaculture operations. 4359 (g) The county should promote cooperative arrangements between aquaculture growers and public 4360 recreation agencies so that public use of public shorelines does not conflict with aquaculture 4361 operations. 4362 (h) Experimental forms of aquaculture involving the use of new species, new growing methods or 4363 new harvesting techniques should be allowed when they are consistent with applicable state and 4364 federal regulations and this program. 4365 (i) The county should support community restoration projects associated with aquaculture when 4366 they are consistent with this program. 4367 (j) Commercial and recreational shellfish areas including shellfish habitat conservation areas are 4368 critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands 4369 are allowed uses. Such activities include but are not limited to bed marking, preparation, planting, 4370 cultivation, and harvest. 4371 (k) Chemicals and fertilizers used in aquaculture operations should be used in accordance with state 4372 and federal laws, and this program. 4373 (l) The county recognizes upland finfish aquaculture is considered a type of agricultural production 4374 by the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065. However, for 4375 purposes of this program, upland finfish aquaculture should instead be managed as aquaculture 4376 and aquaculture activities, as defined in Article II of this chapter. 4377 (m) Finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, 4378 pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms, feed, 4379 or other materials known to be harmful into surrounding waters should not be allowed unless 4380 significant impacts to surrounding habitat and conflicts with adjacent uses are effectively mitigated. 4381 (n) The county should prefer all finfish aquaculture use and development (in-water and upland) that 4382 operates with fully contained systems that treat effluent before discharge to local waters over open 4383 systems. 4384 (o) The county should allow in-water finfish aquaculture in the open waters of the Strait of Juan de 4385 Fuca only when the area seaward of the ordinary high water mark (OHWM) which is subject to the 4386 county’s jurisdiction extends a considerable distance, and when consistent with other provisions of 4387 this program. 4388 (p) The county should prohibit in-water finfish aquaculture in waters of Jefferson County where 4389 there are habitat protection designations in place and/or water quality issues documented. 4390 (2) Uses and Activities Prohibited Outright. 4391 (a) In-water finfish aquaculture use/development, including net pens as defined in Article II of this 4392 chapter, shall be prohibited in the following areas due to established habitat protection 4393 designations and/or water quality issues: 4394 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 129/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Protection Island aquatic reserve or within 1,500 feet of the boundary; 4395 (ii) Smith and Minor Islands aquatic reserve or within 1,500 feet of the boundary; 4396 (iii) Discovery Bay, south of the boundary of the Protection Island aquatic reserve; 4397 (iv) South Port Townsend Bay mooring buoy management plan area; and 4398 (v) Hood Canal, south of the line extending from Tala Point to Foulweather Bluff, including 4399 Dabob and Tarboo Bays. 4400 (3) Shoreline Environment Regulations. 4401 (a) Priority Aquatic. Aquaculture activities, except for new geoduck aquaculture, may be allowed 4402 subject to the use and development regulations of the adjacent upland shoreline environment, 4403 except all finfish aquaculture (in-water and upland) is prohibited. New or expanded geoduck 4404 aquaculture and conversion of existing non-geoduck aquaculture to geoduck aquaculture may be 4405 allowed with a standard conditional use permit (C). 4406 (b) Aquatic. Aquaculture activities, except for new geoduck aquaculture, may be allowed subject to 4407 the use and development regulations of the adjacent upland shoreline environment. New geoduck 4408 aquaculture may be allowed with a standard conditional use permit (C). Expanded geoduck 4409 aquaculture or conversion of existing non-geoduck aquaculture to geoduck aquaculture may be 4410 allowed with a discretionary conditional use permit (C(d)), except when adjacent to the natural 4411 environment, in which case it may be allowed with a standard conditional use permit (C). 4412 (c) Natural. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to 4413 policies and regulations of this program. New or expanded geoduck aquaculture and conversion of 4414 existing non-geoduck aquaculture to geoduck aquaculture may be allowed with a standard 4415 conditional use permit (C). All finfish aquaculture is prohibited, except in-water finfish aquaculture 4416 may be allowed with a discretionary conditional use permit (C(d)) where the area within the 4417 county’s jurisdiction extends seaward more than eight miles from the OHWM, as measured 4418 perpendicularly from shore. This does not require facilities to locate eight miles offshore; see other 4419 provisions of this section for siting requirements and supplemental maps for additional information. 4420 (d) Conservancy. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to 4421 policies and regulations of this program. New or expanded geoduck aquaculture, conversion of 4422 existing non-geoduck aquaculture to geoduck aquaculture, and upland finfish aquaculture may be 4423 allowed with a discretionary conditional use permit (C(d)). In-water finfish aquaculture is 4424 prohibited. 4425 (e) Shoreline Residential. Aquaculture activities, except for geoduck aquaculture, may be allowed 4426 subject to policies and regulations of this program. New or expanded geoduck aquaculture and 4427 conversion of existing non-geoduck aquaculture to geoduck aquaculture may be allowed with a 4428 discretionary conditional use permit (C(d)). All finfish aquaculture (in-water and upland) is 4429 prohibited. 4430 (f) High Intensity. Aquaculture activities may be allowed subject to policies and regulations of this 4431 program, except all finfish aquaculture (in-water and upland), new or expanded geoduck 4432 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 130/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations aquaculture and conversion of existing non-geoduck aquaculture to geoduck aquaculture may be 4433 allowed with a discretionary conditional use permit (C(d)). 4434 (g) For a summary of the above shoreline environment regulations allowance of in-water finfish 4435 aquaculture, see Figure 18.25.440. Also see illustrative maps in JCC 18.25.880. 4436 Figure 18.25.440 – Summary of SED Allowance for In-Water Finfish Aquaculture 4437 4438 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 4439 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 131/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 4440 NOTE: Proposals also have to meet all conditional use permit (CUP) performance standards and other 4441 applicable provisions of this program. 4442 4443 [moved four maps to 18.25.880] 4444 (4) Regulations – General. 4445 (a) When a shoreline permit is issued for a new aquaculture use or development, that permit shall 4446 apply to the initial siting, construction, and/or planting or stocking of the facility or farm. If the 4447 initial approval is a shoreline substantial development permit, it shall be valid for a period of five 4448 years with a possible one-year extension. If the initial approval is a conditional use permit, it shall be 4449 valid for the period specified in the permit. 4450 (b) Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in 4451 any existing or permitted aquaculture operation is not considered new use/development, and shall 4452 not require a new permit, unless or until: 4453 (i) For non-geoduck aquaculture, the physical extent of the facility or farm is expanded by more 4454 than 25 percent. If the amount of expansion exceeds 25 percent in any 10-year period, the 4455 entire operation shall be considered new aquaculture and shall be subject to applicable permit 4456 requirements of this section. This calculation of 25% expansion applies separately and 4457 cumulatively to both in-water and above OHWM development (e.g., the in-water expansion 4458 cannot exceed 25% of the original in-water area, the above OHWM development cannot 4459 exceed 25% of the original above OHWM development area, nor can the combined in-water 4460 and above OHWM expansion exceed 25% of the original combined area). Any expansions of 4461 existing geoduck aquaculture operations require a permit for the expanded area if the existing 4462 operation is already permitted or for the entire operation if not already permitted; or 4463 (ii) The facility proposes to cultivate non-native species not previously cultivated in the state of 4464 Washington. State law does not allow non-native marine finfish aquaculture on state-owned 4465 aquatic lands except under leases that were in effect on June 7, 2018, and only until those 4466 leases expire. Project applicants proposing to introduce non-native aquatic species other than 4467 marine finfish that have not previously been cultivated in Washington State are responsible for 4468 pursuing required state and federal approvals relating to the introduction of such species, as 4469 determined by applicable state and federal agencies. A plan for monitoring and adaptive 4470 management shall also be submitted for county review, unless the operation is conducted in a 4471 fully contained system with no water exchange to the shoreline. The county shall provide 4472 notice and time to comment for appropriate agencies in accordance with county procedural 4473 requirements, and shall circulate the monitoring and adaptive management plan. Upon 4474 approval, the plan shall become a condition of project approval. 4475 (c) Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and/or 4476 harvesting of planted or naturally occurring shellfish shall not be considered development, as 4477 defined in Article II of this chapter, and shall not require a shoreline substantial development 4478 permit, unless: 4479 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 132/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) The activity substantially interferes with normal public use of surface waters; or 4480 (ii) The activity involves placement of any structures as defined in Article II of this chapter; or 4481 (iii) The activity involves dredging using mechanical equipment such as clamshell, dipper, or 4482 scraper; or 4483 (iv) The activity involves filling of tidelands or bedlands. 4484 (d) The county shall assess the potential for interference described in subsection (4)(c)(i) of this 4485 section on a case-by-case basis. All proposed new aquaculture uses or developments shall submit a 4486 joint aquatic resources permit application (JARPA) and SEPA checklist to enable assessment by the 4487 county. Activities shall not be considered to substantially interfere with normal public use of surface 4488 waters, unless: 4489 (i) They occur in, adjacent to or in the immediate vicinity of public tidelands; and 4490 (ii) They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a 4491 regular basis and in a manner that substantially obstructs public access, or passage from public 4492 facilities such as parks or boat ramps; or they exclude the public from more than one acre of 4493 surface water on an ongoing or permanent basis. 4494 (e) Aquaculture activities not listed in subsection (4)(c) of this section and listed activities that fail to 4495 meet any of the criteria in subsection (1)(b) of this section shall require a shoreline substantial 4496 development permit (SDP) or conditional use permit (CUP), and shall be subject to all of the 4497 following regulations: 4498 (i) Subtidal, intertidal, floating, and upland structures and apparatus associated with 4499 aquaculture use shall be located, designed and maintained to avoid adverse effects on 4500 ecological functions and processes. 4501 (ii) The county shall consider the location of proposed aquaculture facilities/farms to prevent 4502 adverse cumulative effects on ecological functions and processes and adjoining land uses. The 4503 county shall determine what constitutes acceptable placement and concentration of 4504 commercial aquaculture in consultation with state and federal agencies and tribes based on the 4505 specific characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of the 4506 farm/facility. 4507 (iii) Upland structures accessory to aquaculture use that do not require a waterside location or 4508 have a functional relationship to the water shall be located landward of shoreline buffers 4509 required by this program. 4510 (iv) Overwater work shelters and sleeping quarters accessory to aquaculture use/development 4511 shall be prohibited. 4512 (v) Floating/hanging aquaculture structures and associated equipment, including any items 4513 stored upon such structures such as materials, garbage, tools, or apparatus, shall be designed 4514 and maintained to minimize visual impacts. The maximum height for items stored upon such 4515 structures shall be limited to three feet, as measured from the surface of the raft or the dock, 4516 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 133/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations unless shoreline conditions serve to minimize visual impacts (for example: high bank 4517 environments, shorelines without residential development), but in no case shall the height 4518 exceed the lesser of six feet from the surface of the raft or the dock or 10 feet in height above 4519 the water’s surface. The administrator may approve hoists and similar structures greater than 4520 10 feet in height when there is a clear demonstration of need. The height limits shall not apply 4521 to vessels or to materials and apparatus removed from the site on a daily basis. Materials that 4522 are not necessary for the immediate and regular operation of the facility shall not be stored 4523 waterward of the OHWM. 4524 (vi) Floating/hanging aquaculture facilities and associated equipment, except navigation aids, 4525 shall use colors and materials that blend into the surrounding environment in order to 4526 minimize visual impacts. 4527 (vii) Aquaculture use and development shall not significantly conflict with navigation, or access 4528 to adjacent waterfront properties, public recreation areas, tribal harvest areas, or other water-4529 dependent uses. Mitigation shall be provided to offset such impacts where there is high 4530 probability that adverse impact would occur. This provision shall not be interpreted to mean 4531 that an operator is required to provide access across owned or leased tidelands at low tide for 4532 adjacent upland owners. 4533 (viii) Aquaculture uses and developments, except in-water finfish aquaculture, shall be located 4534 at least 600 feet from any National Wildlife Refuge, seal and sea lion haulouts, seabird nesting 4535 colonies, or other areas identified as critical feeding or migration areas for birds and mammals. 4536 In-water finfish facilities, including net pens, shall be located 1,500 feet or more from such 4537 areas. The county may approve lesser distances based upon written documentation that U.S. 4538 Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW) and 4539 affected tribes support the proposed location. 4540 (ix) Aquaculture use and development shall be sited so that shading and other adverse impacts 4541 to existing red/brown macro algae (kelp) and eelgrass beds are avoided. 4542 (x) Aquaculture uses and developments that require attaching structures to the bed or 4543 bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate. 4544 (xi) Where aquaculture use and development are authorized to use public facilities, such as 4545 boat launches or docks, the county shall reserve the right to require the applicant/proponent to 4546 pay a portion of the maintenance costs and any required improvements commensurate with 4547 the applicant’s/proponent’s use. 4548 (xii) Predator control measures associated with aquaculture siting and operations must comply 4549 with the following: 4550 (A) Aquaculture use and development shall employ nonlethal, nonharmful measures to 4551 control birds and mammals. Control methods shall comply with existing federal and state 4552 regulations. 4553 (B) Predator exclusion devices shall be firmly attached or secured so as not to become 4554 dislodged. Predator exclusion devices that become dislodged, such as rubber bands, small 4555 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 134/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations nets, and area netting, shall be promptly recovered and/or disposed of to minimize the risk 4556 of harm to wildlife and, if not, may be subject to public nuisance regulations. 4557 (C) Predator exclusion devices should blend with the natural environment, unless they are 4558 required by other agencies or the administrator to be more visible to provide other benefits, 4559 such as to support public safety, navigation, and necessary operation and maintenance. 4560 (D) Aquaculture operators shall routinely inspect and maintain predator exclusion devices. 4561 (E) Predator exclusion devices shall be removed as soon as they are no longer needed to 4562 perform protective functions. 4563 (xiii) Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically 4564 modified organisms except when allowed by state and federal law. 4565 (xiv) Non-navigational directional lighting associated with aquaculture use and development 4566 shall be used wherever possible and area lighting shall be avoided and minimized to the extent 4567 necessary to conduct safe operations. Non-navigational lighting shall not adversely affect vessel 4568 traffic. 4569 (xv) Aquaculture waste materials and by-products shall be disposed of in a manner that will 4570 ensure strict compliance with all applicable governmental waste disposal standards, including 4571 but not limited to Section 401 of the Federal Clean Water Act and the Washington State Water 4572 Pollution Control Act (Chapter 90.48 RCW). 4573 (xvi) Equipment, structures and materials shall not be discarded in the water and shall not be 4574 abandoned in the upland. Aquaculture structures and equipment used on tidelands below 4575 ordinary high water shall be of sound construction, with the owners’ identifying marks where 4576 feasible, and shall be so maintained. Abandoned or unsafe structures and/or equipment shall 4577 be promptly removed or repaired by the owner. 4578 (xvii) No garbage, wastes or debris shall be allowed to accumulate at the site of any 4579 aquaculture operation, except for in proper receptacles. 4580 (xvii) Aquacultural facilities should be designed and located so as not to spread disease to native 4581 aquatic life, establish new nonnative species which cause significant ecological impacts, or 4582 significantly impact the aesthetic qualities of the shoreline. 4583 (f) Jefferson County will notify affected tribes of new shoreline permit applications utilizing the 4584 applicable notification process in Chapter 18.40 JCC (Permit Application and Review 4585 Procedures/SEPA Implementation). 4586 (g) No processing of any aquaculture product, except for the sorting and culling of the cultured 4587 organism and the washing or removal of surface materials or organisms after harvest, shall occur in 4588 or over the water unless specifically approved by permit. All other processing and related facilities 4589 shall be located on land and shall be subject to the regulations for commercial uses (JCC 18.25.450) 4590 and industrial uses (JCC 18.25.470), in addition to the provisions of this section. 4591 (5) Regulations – Finfish. 4592 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 135/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) The culture of finfish, including net pens as defined in Article II of this chapter, may be allowed 4593 with a discretionary conditional use permit (C(d)) subject to the policies and regulations of this 4594 program. All finfish aquaculture (in-water and upland) shall meet, at a minimum, state-approved 4595 administrative guidelines for the management of net pen cultures. In the event there is a conflict in 4596 requirements, the more restrictive requirement shall prevail. 4597 (b) In addition to the application requirements for all aquaculture listed in JCC 18.25.440(7) below, 4598 all in-water finfish aquaculture (in-water and upland) proposals for facilities/operations shall: 4599 (i) Provide the county, at the applicant’s/operator’s expense, a site characterization survey, 4600 baseline surveys, and annual monitoring as described in the 1986 Interim Guidelines, or 4601 subsequent documents approved by the state. The applicant/operator shall also provide the 4602 county with copies of all survey and monitoring reports submitted to Washington Departments 4603 of Ecology, Fish and Wildlife, and Natural Resources. 4604 (ii) Provide county with documentation of adequate property damage and personal injury 4605 commercial insurance coverage as required by Washington Department of Natural Resources 4606 and other agencies. 4607 (c) Bottom Sediments and Benthos. 4608 (i) The depth of water below the bottom of any in-water finfish aquaculture facility shall meet 4609 the minimum required by the 1986 Interim Guidelines (i.e., 20 to 60 feet at MLLW), as based on 4610 facility production capacity (Class I, II or III) and the mean current velocity at the site, measured 4611 as noted in the Guidelines or by more current data/methodology. 4612 (ii) In-water finfish aquaculture operations shall be prohibited where mean current velocity is 4613 less than 0.1 knots (five cm/sec). 4614 (iii) The pen configuration (e.g., parallel rows, compact blocks of square enclosures, or clusters 4615 of various sized round enclosures, whether oriented in line with or perpendicular to the 4616 prevailing current direction) of any in-water finfish aquaculture facility shall be designed and 4617 maintained to minimize the depth and lateral extent of solids accumulation. 4618 (iv) The use of unpelletized wet feed shall be prohibited to minimize undigested feed reaching 4619 the benthos or attracting scavengers in the water column. 4620 (v) Anchoring or mooring systems shall utilize adequately sized helical devices or other 4621 methods to minimize disturbance to the benthos. 4622 (d) Water Quality. 4623 (i) All in-water finfish aquaculture facilities shall be designed, located and operated to avoid 4624 adverse impacts to water temperature, dissolved oxygen and nutrient levels, and other water 4625 quality parameters. Facilities must comply with National Pollutant Discharge Elimination 4626 System (NPDES) requirements. 4627 (ii) All in-water finfish aquaculture facilities shall monitor water quality and net cleaning 4628 activities to comply with state requirements (including WAC 173-201A-210), especially during 4629 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 136/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations periods of naturally high water turbidity. Additional net cleaning activities shall be performed, 4630 as needed, to ensure state water quality standards are met. 4631 (e) Phytoplankton. 4632 (i) In-water finfish aquaculture facility production capacity shall be limited in nutrient sensitive 4633 areas to protect water quality and shall not exceed 1,000,000 pounds annual production per 4634 square nautical mile. The following shall apply for specific geographic areas: 4635 (A) In the main basin of Puget Sound (area south of the sill at Admiralty Inlet extending to 4636 the line between Tala Point and Foulweather Bluff, including Port Townsend Bay, Kilisut 4637 Harbor, and Oak Bay, and extending to the county’s boundary midway to Whidbey Island), 4638 annual production shall be limited by the site characteristics in compliance with this 4639 program. 4640 (ii) Applicants shall demonstrate through field and modeling studies that the proposed fish 4641 farms will not adversely affect existing biota. 4642 (f) Chemicals. 4643 (i) Only FDA-approved chemicals shall be allowed on a case-by-case basis for anti-fouling, 4644 predator control and other purposes. The use of tributyltin (TBT) is prohibited and all chemical 4645 use shall be reported to the state as required. 4646 (ii) When necessary, vaccination is preferred over the use of antibiotics. Only FDA-approved 4647 antibiotics shall be used and such use shall be reported to the state as required. Operator shall 4648 take all necessary precautions to ensure that nearby sediments and shellfish do not accumulate 4649 significant amounts of antibiotics. 4650 (g) Food Fish and Shellfish. 4651 (i) All in-water finfish aquaculture facilities shall be located to avoid adverse impacts to habitats 4652 of special significance (as defined in Article II of this chapter) and populations of food fish and 4653 shellfish as follows, as determined on a case-by-case basis: 4654 (A) When adjacent to any wildlife refuge, sanctuary, aquatic reserve or similar area intended 4655 to protect threatened or endangered species, locate a minimum of 300 feet in all directions 4656 from such protected areas; 4657 (B) When water depth is less than 75 feet, locate at least 300 feet down-current and 150 4658 feet in all other directions from significant habitats; 4659 (C) When water depth is greater than 75 feet, locate at least 150 feet from significant 4660 habitat. 4661 (ii) The county shall designate protective buffer zones around habitats of special significance in 4662 accordance with marine area spatial planning efforts led by the state, when such guidance and 4663 methodologies are available. 4664 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 137/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (h) Importation of New Fish Species. All in-water finfish aquaculture facilities shall comply with 4665 existing state and federal regulations to ensure importation of new and/or nonnative species does 4666 not adversely affect existing and/or native species. 4667 (i) Genetic Issues. 4668 (i) In compliance with state and federal requirements, in-water finfish aquaculture facilities that 4669 propose to culture species native to local waters should use stocks with the greatest genetic 4670 similarity to local stocks. 4671 (ii) When there is increased risk of interbreeding or establishment of naturalized populations of 4672 the cultured species that would be in conflict with native stocks, only sterile or mono-sexual 4673 fish shall be allowed. 4674 (iii) All in-water finfish aquaculture facilities shall locate a minimum distance from river mouths 4675 where wild fish could be most vulnerable to genetic degradation, as determined on a case-by-4676 case basis or by state guidance. 4677 (j) Escapement and Disease. 4678 (i) All in-water finfish aquaculture facilities shall comply with state and federal requirements to 4679 control pests, parasites, diseases, viruses and pathogens and to prevent escapement including, 4680 but not limited to, those for certified eggs, approved import/transport and live fish transfer 4681 protocols, escapement prevention, reporting and recapture plans, and disease inspection and 4682 control per RCW 77.15.290, Chapter 77.115 RCW, Chapters 220-76 and 220-77 WAC and other 4683 requirements as appropriate. 4684 (ii) The use of regional broodstock is preferred. 4685 (iii) As consistent with the above mentioned Washington statutes and administrative rules, and 4686 other applicable authorities, all in-water finfish aquaculture facility operators shall provide the 4687 county with a disease response plan to detail specific actions and timelines to follow when an 4688 outbreak is detected. The plan shall address transport permit denial, quarantine, confiscation, 4689 removal, and other possible scenarios, identify what agencies will be notified or involved, what 4690 alternate facilities may be used, a public information/outreach strategy and other appropriate 4691 information. 4692 (k) Marine Mammals and Birds. All in-water finfish aquaculture facilities shall locate a minimum of 4693 1,500 feet from habitats of special significance for marine mammals and seabirds. 4694 (l) Visual Quality. All in-water finfish aquaculture facilities shall conduct a visual impact assessment 4695 to evaluate and document the following siting and design variables in order to minimize visual 4696 impacts to adjacent and surrounding uses: 4697 (i) Locate offshore from low bank shorelines rather than high bluff areas where angle of 4698 viewing becomes more perpendicular to the plane of water making the facility more visually 4699 evident. 4700 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 138/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Locate offshore a minimum of 1,500 feet from ordinary high water mark, or a minimum of 4701 2,000 feet when higher density residential development (rural residential 1:5, urban growth 4702 area, master planned resort, and preexisting platted subdivisions with density 4703 equivalent/greater to such) is present along the adjacent upland. The county may require a 4704 greater distance as determined by a visual impact assessment. 4705 (iii) Facilities shall be designed to maximize a horizontal profile to repeat the plane of the water 4706 surface rather than project vertically above the water surface. Vertical height shall be the 4707 minimum feasible, not to exceed 10 feet from the surface of the water. 4708 (iv) Facilities shall be designed so that the overall size and surface area coverage does not 4709 exceed 10 percent of the normal cone of vision, dependent on the foreshortening created by 4710 the offshore distance and the average observation height. 4711 (v) Facilities shall be designed to borrow from the form of structures and materials already in 4712 the environment (e.g., pilings, docks, marinas) and to blend with the predominate color 4713 schemes present (i.e., blue, green, gray, neutral earth tones). The colors of white and black 4714 shall be minimized as they have highly variable appearance in response to lighting conditions. 4715 Bright colors such as red, yellow, and orange shall be avoided, unless required for safety 4716 purposes. The use of a variety of materials or colors shall be limited and ordered. 4717 (vi) Facilities proposed to locate in the vicinity of existing in-water finfish aquaculture facilities 4718 shall evaluate the aggregate impacts and cumulative effects of multiple operations in the same 4719 area. 4720 (vii) Facilities shall be designed and located so that the surface area of individual operations 4721 does not exceed two acres of surface coverage and no more than one operation per square 4722 nautical mile. 4723 (viii) Land based access for parking, staging, launching, and storage associated with any in-4724 water finfish aquaculture facilities shall be evaluated for visual impacts and conflicts with 4725 adjacent upland uses. 4726 (m) Navigation, Military Operations and Commercial Fishing. 4727 (i) When appropriate, in-water finfish aquaculture facilities shall be located close to shore and 4728 near existing navigational impediments (i.e., marinas, docks). 4729 (ii) All in-water finfish aquaculture facilities shall be designed, located and operated to avoid 4730 conflict with military operations. 4731 (iii) The county shall notify, as appropriate, marinas, ports, recreational and commercial 4732 boating/fishing organizations, and local tribes about comment opportunities during the permit 4733 review process, especially regarding proposed location of fish farm and related navigational 4734 aids. 4735 (n) Human Health. All in-water finfish aquaculture facilities shall be designed, located and operated 4736 to: 4737 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 139/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Ensure adequate water quality compatible with good husbandry practices; 4738 (ii) Report any known bacteriological characteristics of fish food used; 4739 (iii) Ensure proper storage of fish food to avoid alteration or degradation of feed quality; 4740 (iv) Regularly monitor and report presence of parasites in farmed fish; and 4741 (v) Comply with federal, state and local food safety requirements including, but not limited to, 4742 source identification and country of origin labeling, and hazard analysis and critical control 4743 points plan. 4744 (o) Recreation. 4745 (i) All in-water finfish aquaculture facilities shall ensure compliance with state and federal 4746 requirements, especially when location is proposed near underwater park facilities. 4747 (ii) All in-water finfish aquaculture facilities shall be located a minimum of 1,000 feet from any 4748 recreational shellfish beach, public tidelands, public access facilities (e.g., docks or boat ramps) 4749 or other areas of extensive or established recreational use. 4750 (iii) In-water finfish aquaculture operators shall inform the Notice to Mariners and other 4751 appropriate entities for nautical chart revisions and notify other sources that inform 4752 recreational uses (e.g., boaters, divers, shellfish harvesters). 4753 (p) Noise. 4754 (i) All in-water finfish aquaculture facilities shall be designed, located and operated to: 4755 (A) Ensure compliance with state and federal noise level limits; 4756 (B) Require mufflers and enclosures on all motorized fish farm equipment; 4757 (C) When appropriate, prefer electric motors over internal combustion engines. 4758 (ii) The county may require an acoustical study, conducted at the applicant’s/operator’s 4759 expense, to ensure any audible impacts are identified and adequately addressed. 4760 (q) Odor. All in-water finfish aquaculture facilities shall be designed, located and operated to: 4761 (i) Ensure compliance with state limits regarding nuisances and waste disposal; 4762 (ii) Follow best management practices including, but not limited to: 4763 (A) Daily removal and disposal of dead fish and other waste; 4764 (B) Regular cleaning of nets and apparatus; 4765 (C) Storage of food in closed containers; 4766 (D) Walkway design and use allows spilled food to fall into the water. 4767 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 140/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) Maximize the distance between the facility and nearby residential use/development, 4768 downwind location preferred, to minimize impacts resulting from foul odors. 4769 (r) Lighting and Glare. 4770 (i) Facilities shall comply with USCG requirements for operational and navigational lighting. The 4771 height of the light source above the water surface shall be the minimum necessary, not to 4772 exceed 80 inches, unless otherwise specified by state or federal requirements. 4773 (ii) Facilities shall be designed so that any glare or shadows caused by the solar orientation are 4774 minimized. 4775 (iii) Facilities shall utilize materials that minimize glare caused by sunlight or artificial lighting. 4776 (s) Upland Shoreline Use. All in-water finfish aquaculture facilities shall be designed, located and 4777 operated to minimize incompatible uses and degradation of upland area. 4778 (t) Waste Management. All in-water finfish aquaculture facilities shall be designed, located and 4779 operated to: 4780 (i) Provide estimates of high, average, and low volumes of waste to be produced, including 4781 catastrophic events; 4782 (ii) Provide a waste management plan to include the method and frequency of collection, 4783 storage and disposal; and 4784 (iii) Ensure compliance with local, state, and federal waste disposal requirements. 4785 (6) Regulations – Geoduck. 4786 (a) Conditional use permits. 4787 (i) CUPs are required for new commercial geoduck aquaculture including conversion of existing 4788 nongeoduck aquaculture to commercial geoduck aquaculture and expansions of existing 4789 commercial geoduck aquaculture. 4790 (ii) All subsequent cycles of authorized planting and harvest shall not require a new conditional 4791 use permit. 4792 (iii) A single conditional use permit may be submitted for multiple sites within an inlet, bay or 4793 other defined feature, provided the sites are all under control of the same applicant and within 4794 the same shoreline permitting jurisdiction. 4795 (iv) The CUP issued by the county shall include monitoring and reporting requirements 4796 necessary to verify that geoduck aquaculture operations are in compliance with conditions set 4797 forth in the CUP. 4798 (v) The county shall review the considerations listed in WAC 173-26-241(3)(b)(iv)(L)(I)-(XII) 4799 during development of permit conditions necessary to avoid or limit impacts from geoduck 4800 aquaculture siting and operations and to achieve no net loss of ecological functions. The listed 4801 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 141/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations considerations are regarding impervious materials, motorized vehicles, time periods for limited 4802 activities, site alterations, property corner markers, mitigation measures, predator exclusion 4803 devices, turbidity minimization, use of barges/vessels, navigation rights, housekeeping 4804 practices, and public access. 4805 (b) Siting and design. In addition to the siting provisions of subsection (4), commercial geoduck 4806 aquaculture shall only be allowed where sediments, topography, and land and water access support 4807 geoduck aquaculture operations without significant clearing or grading. 4808 (c) Commercial geoduck aquaculture workers shall be allowed to accomplish on-site work during low 4809 tides, which may occur at night or on weekends. Where such activities are necessary, noise and light 4810 impacts to nearby residents shall be mitigated to the greatest extent practicable. 4811 (7) Regulations – Application Requirements. In addition to the minimum application requirements in 4812 JCC 18.25.630, aquaculture applications shall provide the information listed in subsections (a) through 4813 (e), as outlined in Table 18.25.440. Applicants may omit information from Table 18.22.400 that is 4814 demonstrably not applicable to a specific aquaculture proposal. Consistent with JCC 18.25.630,the 4815 administrator may request additional pertinent information. To minimize redundancy, the county shall 4816 accept supporting permit applications and studies required by state and federal agencies that fulfill one 4817 or more of the requirements in subsections (a) through (e). 4818 Table 18.25.440 – Applications Requirements by Aquaculture Type 4819 Application Requirement Finfish Geoduck Other Shellfish (a) Site Plan requirements: Perimeter of proposed aquaculture operation area X X X Existing bathymetry depths based on MLLW X X X Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications X Areas where substrate modification will take place or where structures or materials will be constructed or installed X X X Numbers, types and dimensions of structures, apparatus, equipment, or other improvements X X X Access provisions for marine or vehicle traffic, processing structures or facilities X X Location of storage or processing structures or facilities X (b) A baseline ecological survey, including a description of the following, and an assessment of any direct, indirect and cumulative impacts on the items below: Existing and seasonal conditions X X X Water quality X X X Tidal variations X X X Prevailing storm wind conditions X X X Current flows at each tidal cycle X Flushing rates X Littoral drift X Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 142/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Application Requirement Finfish Geoduck Other Shellfish Sediment dispersal, including areas of differing substrate composition X Areas of aquatic, intertidal and upland vegetation complexes(1) X X X Aquatic and benthic organisms present, including forage fish, and spawning and other lifecycle use of, or adjacent to, the site X X X (c) Operational Plan: Species and quantity to be cultured or reared on an annual basis X X X Anticipated size of species at harvest X X X Source of eggs, juveniles, broodstock, or other aquatic product X X X Narrative of implementation methods, including, as applicable, average and maximum stocking density, planting and harvest schedule/cycles, phasing options, and time of day, and potential plans for future expansion or change in species grown or harvest practices X X X Schedule of development and maintenance X X X Predator control methods include exclusion devices X X X Anticipated use of any feed, herbicide, chemicals X X X Anticipated levels of management practices to minimize the impacts from mooring, parking, noise, light, littler and odor X X X Methods and location of waste disposal and sanitation facilities X X X Number of employees/workers necessary, include average and peak X X X Methods to address pollutant loading X Schedule for water quality monitoring X Description of wastewater management X Measures to address impact to achieve no net loss of ecological functions X X X (d) Visual Analysis: Required for floating/hanging or upland aquaculture use and development, or bottom culture involving structures or material installation Photo analysis and/or simulation of the proposed activity describing effects on uses and aesthetic qualities of the shoreline within a quarter mile during a range of tides from mean high to mean low, including what views in the vicinity would be altered or obstructed, such as public access views and views from substantial numbers of private residences, and shall identify proposed measures to reduce impacts. The analysis shall demonstrate that adverse impacts on the character of those areas are effectively mitigated. X X X* (e) Other applications and reports, when applicable or requested, to ensure compliance with permit conditions, which may include: Proof of an accepted application for aquatic lands lease from DNR, including a waiver of preference rights to access for X X X Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 143/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Application Requirement Finfish Geoduck Other Shellfish navigation from the upland property owner, if applicable or proof of lease or ownership if bedlands are privately held Applicable DOH licenses certificates, or other approvals X X X WDFW aquatic farm registration aquatic, fish stocking permit, and/or fish transport permit X X X WDFW Hydraulic Project Approval and/or Shellfish Transfer Permit X X X Proof of an Ecology NPDES permit X Water quality studies X Reports on solids accumulation and biological effects X Reports on growth, productivity, and chemical contamination of shoreline plants and animals within or adjacent to the site X Noise level assessment, including mitigation measures to minimize impacts Monitoring and adaptive management plan for introduction of non-native aquatic species not previously cultivated in Washington State X Proof of application for any other permits required by the U.S. Army Corps of Engineers, Department of Health, WDFW, Ecology, or other agency, including any required federal consultation under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq., ESA) X X X 1 An aquatic vegetation habitat survey must be conducted for projects that include in-water operations 4820 or facilities according to the most current WDFW and U.S. Army Corps of Engineers eelgrass and 4821 macroalgae survey guidelines. 4822 [Ord. 7-13 Exh. A (Art. VIII § 2)] 4823 18.25.450 Commercial use. 4824 (1) Policies. 4825 (a) Commercial development should be located, designed and operated to avoid and minimize 4826 adverse impacts on shoreline ecological functions and processes. 4827 (b) Water-related commercial uses should not displace existing water-dependent uses, and water-4828 enjoyment commercial uses should not displace existing water-related or existing water-dependent 4829 uses, unless there are compelling reasons in the public interest. 4830 (c) Restoration of impaired shoreline ecological functions and processes should be encouraged as 4831 part of commercial development. 4832 (d) Commercial development should be visually compatible with adjacent noncommercial 4833 properties. 4834 (e) Commercial uses located in the shoreline should provide public access in accordance with JCC 4835 18.25.290 (Public access). 4836 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 144/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (2) Uses and Activities Prohibited Outright. Commercial parking as a primary use shall be prohibited 4837 within the shoreline jurisdiction. 4838 (3) Shoreline Environment Regulations. 4839 (a) Priority Aquatic. Commercial use and development is prohibited, except that small-scale, low 4840 intensity water-dependent commercial recreational use and development may be allowed as a 4841 conditional use subject to the use and development regulations of the abutting upland shoreline 4842 environment designation. 4843 (b) Aquatic. Water-dependent and water-related commercial recreational use and development 4844 may be allowed subject to the use and development regulations of the abutting upland shoreline 4845 environment designation. Water-enjoyment and non-water-dependent commercial 4846 use/development is prohibited. 4847 (c) Natural. Commercial use and development is prohibited, except that small-scale, low intensity 4848 water-dependent commercial recreational use and development may be allowed through a 4849 conditional use permit. 4850 (d) Conservancy. Water-dependent and water-related commercial use and development may be 4851 allowed as a conditional use subject to policies and regulations of this program. Non-water-4852 dependent and non-water-related commercial uses/developments are prohibited, except that 4853 small-scale, low intensity recreational/tourist development/use may be allowed with a conditional 4854 use permit; provided, that a portion of the use/development is water-dependent or water-related. 4855 (e) Shoreline Residential. Water-oriented commercial use and development may be allowed subject 4856 to policies and regulations of this program. Non-water-oriented commercial uses may be allowed as 4857 a conditional use. 4858 (f) High Intensity. Water-oriented commercial use and development may be allowed subject to 4859 policies and regulations of this program. Non-water-oriented commercial uses may be allowed as a 4860 conditional use. 4861 (4) Regulations – Application Requirements. 4862 (a) The county shall require proponents of all commercial use and development to provide the 4863 following information at the time of permit application: 4864 (i) Site plans showing the boundaries of the property and any existing structures, indication of 4865 existing vegetation and topography, locations of adjacent structures, roads or other 4866 infrastructure, and the ordinary high water mark and/or floodway boundary. For comparison, 4867 proposed structures and uses shall be overlaid on a site plan of existing conditions; and 4868 (ii) A description of the specific nature and character of the commercial activity (e.g., water-4869 dependent, water-related, water-enjoyment, non-water-oriented, or mixed-use), including a 4870 description of the specific components of the proposal; and 4871 (iii) A description of the reason for needing a shoreline location; and 4872 (iv) Any proposed measures to enhance the relationship of the activity to the shoreline; and 4873 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 145/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) A description of the proposed provisions for providing public visual and/or physical access to 4874 the shoreline; and 4875 (vi) A description of mitigation measures proposed to ensure that the development will not 4876 cause significant adverse environmental impacts. 4877 (b) For mixed-use proposals, at least one alternative design depicting a mixture of uses and 4878 activities, structural location, site design, bulk and dimensional configuration, and an alternative 4879 approach to public visual and physical access to the shoreline. 4880 (5) Regulations – Water-oriented Use/Development. 4881 (a) Water-oriented commercial use and development shall be allowed when the proponent 4882 demonstrates that it will not result in a net loss of shoreline ecological functions or processes, or 4883 have significant adverse impact on other shoreline uses, resources and/or values such as navigation, 4884 recreation and public access. 4885 (b) A use or development shall not be considered water-dependent, water-related or water-4886 enjoyment until the county determines that the proposed design, layout and operation of the 4887 use/development meet the definition and intent of the water-dependent, water-related or water-4888 enjoyment designation. 4889 (c) Where existing water-oriented commercial uses are located in shoreline jurisdiction, any 4890 undeveloped and substantially unaltered portion of the waterfront not devoted to water-4891 dependent use shall be maintained for future water-related use. 4892 (6) Regulations – Non-Water-Oriented Use/Development. 4893 (a) Non-water-oriented commercial uses are prohibited on the shoreline unless they meet the 4894 following criteria: 4895 (i) The use is part of a mixed-use project that includes water-dependent uses and provides a 4896 significant public benefit with respect to the Shoreline Management Act’s objectives such as 4897 providing public access and ecological restoration; or 4898 (ii) Navigability is severely limited at the proposed site and the commercial use provides a 4899 significant public benefit with respect to the Shoreline Management Act’s objectives such as 4900 providing public access and ecological restoration. 4901 (b) When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall 4902 provide public access and/or restore shoreline ecological functions as follows: 4903 (i) When part of a mixed-use development, 80 percent of the shoreline buffer area shall be 4904 restored to provide shoreline ecological functions and processes that approximate the 4905 functions provided by the site in undisturbed or nondegraded conditions. 4906 (ii) When not part of a mixed-use development, the county shall determine the type and extent 4907 of public access and restoration on a case-by-case basis according to the opportunities and 4908 constraints provided by the site. 4909 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 146/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) The county may waive the requirement to provide public access and/or restoration when: 4910 (i) The site is designated as a public access area by a shoreline public access plan, in which case 4911 public access consistent with that plan element shall be provided; or 4912 (ii) The county finds that the size of the parcel and/or the presence of adjacent uses preclude 4913 restoration of shoreline ecological functions. In such cases, where on-site restoration is 4914 infeasible, equivalent off-site restoration shall be provided consistent with the policies and 4915 regulations of this program. 4916 (d) Where restoration is provided pursuant to this section, buffers protecting the restored area shall 4917 be sized and designed as appropriate to protect shoreline resources based on a specific restoration 4918 plan. The buffer width may differ from the shoreline buffers required in JCC 18.25.270 so as not to 4919 encumber adjacent properties, unduly constrain the development site, or create a disincentive for 4920 restoration. 4921 (e) Existing non-water-dependent and non-water-related commercial use or development on 4922 shorelines that conform to this program may be permitted to expand landward, but not waterward 4923 of existing structures, provided the expansion otherwise conforms to this program. [Ord. 7-13 Exh. 4924 A (Art. VIII § 3)] 4925 (f) Scientific and educational facilities, including those for maritime education and training, and 4926 public uses not otherwise specified in Table 18.25.220, shall comply with all applicable provisions 4927 for commercial use. 4928 18.25.460 Forest practices. 4929 (1) Policies. 4930 (a) To be consistent with WAC 173-26-241(3)(e), the county should rely on the Forest Practices Act 4931 (Chapter 76.09 RCW), its implementing rules, and the 1999 Forest and Fish Report as adequate 4932 management of commercial forest uses within shoreline jurisdiction, except for forest conversion 4933 activities. 4934 (b) Forest lands should be reserved for long-term forest management and other such uses that are 4935 compatible with forest management. 4936 (c) Forest practices should maintain natural surface and ground water movement patterns and 4937 protect the quality of surface and ground water. 4938 (d) Forest practices should minimize damage to fish and wildlife species and terrestrial, wetland, 4939 and aquatic habitats. 4940 (e) Forest practices should aim to maintain or improve the quality of soils and minimize erosion. 4941 (f) Where slopes are steep or soils are subject to sliding, erosion or high water table, special 4942 practices should be employed to minimize damage to shoreland and water bodies, and adjacent 4943 properties. 4944 (g) Forest practices should be conducted in a manner that minimizes adverse effects on the 4945 aesthetic qualities of shorelines. 4946 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 147/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (h) Proper road and bridge design, location, and construction and maintenance practices should be 4947 used to prevent adversely affecting shoreline resources. 4948 (2) Uses and Activities Prohibited Outright. Forest practices below ordinary high water mark on all 4949 shorelines are prohibited. 4950 (3) Shoreline Environment Regulations. 4951 (a) Priority Aquatic. Forest practices are prohibited. 4952 (b) Aquatic. Forest practices are prohibited. 4953 (c) Natural. Forest practices may be allowed with conditional use approval, subject to the policies 4954 and regulations of this program. 4955 (d) Conservancy. Forest practices may be allowed subject to the policies and regulations of this 4956 program. 4957 (e) Shoreline Residential. Forest practices may be allowed subject to the policies and regulations of 4958 this program. 4959 (f) High Intensity. Forest practices may be allowed subject to the policies and regulations of this 4960 program. 4961 (4) Regulations. 4962 (a) Timber harvesting and forest practices activities that do not meet the definition of development 4963 in Article II of this chapter shall be conducted in accordance with the Washington State Forest 4964 Practices Act (Chapter 76.09 RCW), WAC Title 222, and the 1999 Forest and Fish Report, and any 4965 regulations adopted pursuant thereto. 4966 (b) Except as provided in subsections (4)(c) and (d) of this section, timber harvesting and forest 4967 practices activities that do not meet the definition of development in Article II of this chapter shall 4968 not be regulated by this program and shall not require a shoreline permit. A forest practice that 4969 only involves timber cutting is not a development under the act and does not require a shoreline 4970 substantial development permit or a shoreline exemption. A forest practice that includes activities 4971 other than timber cutting may be a development under the act and may require a substantial 4972 development permit, as required by WAC 222-50-020. 4973 (c) Selective commercial timber cutting on shorelines of statewide significance shall not exceed 30 4974 percent of the merchantable trees in any 10-year period as required by RCW 90.58.150. The county 4975 may allow exceptions to the 30 percent limit with a conditional use permit in accordance with WAC 4976 173-26-241(3)(e). 4977 (d) Forest practices roads on slopes that exceed 35 percent shall require a conditional use permit. 4978 (e) Other activities associated with timber harvesting, such as filling, excavation, and building roads 4979 and structures, that meet the definition of development shall be regulated according to the general 4980 provisions (Article VI of this chapter), shoreline modification provisions (Article VII of this chapter) 4981 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 148/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations and/or the other applicable use-specific provisions (this article) of this program and shall require a 4982 shoreline substantial development permit or conditional use permit as specified in this program. 4983 (f) Conversion of forest land to nonforestry uses (Class IV Conversion Forest Practices Permit) shall 4984 be reviewed in accordance with the provisions for the proposed nonforestry use and the general 4985 provisions in Article VI of this chapter and shall be subject to any permit requirements associated 4986 with the nonforestry use. [Ord. 7-13 Exh. A (Art. VIII § 4)] 4987 18.25.470 Industrial and port development. 4988 (1) Policies. 4989 (a) In securing shoreline locations for industrial or port development, preference should be given 4990 first to water-dependent industrial or port development, then to water-related industrial or port 4991 development. 4992 (b) Restoration of impaired shoreline ecological functions and processes should be encouraged as 4993 part of industrial and port development. 4994 (c) Industrial and port development should be visually compatible with adjacent noncommercial 4995 properties. 4996 (d) Industrial and port uses located in shoreline jurisdiction should provide public access in 4997 accordance with JCC 18.25.290 (Public access). 4998 (e) Shorelines suitable for deep-water harbors with access to adequate rail, highway and utility 4999 systems should be reserved for water-dependent or water-related industrial and port development. 5000 (f) Port facilities should be designed to allow the public to view harbor areas and should provide 5001 public facilities that do not interfere with port operations or endanger public health and safety. 5002 (g) Where feasible, transportation and utility corridors serving industrial and port uses should be 5003 located away from the water’s edge to minimize ecological impacts and to reduce the need for 5004 waterfront signs and other infrastructure. 5005 (h) Industrial or port development at deep-water sites should be limited to those uses that produce 5006 long-term economic benefit and minimize environmental impact. 5007 (i) Industrial and port development should be protected from encroachment or interference by 5008 incompatible uses such as residential or commercial uses, which have less stringent siting 5009 requirements. 5010 (j) Private and public entities should be encouraged to cooperatively use piers, cargo handling, 5011 storage, parking and other accessory facilities in waterfront industrial/port areas. 5012 (k) Log storage is not a desired use of the county’s shoreline and should be allowed only when 5013 adequate measures are taken to minimize adverse impacts. Upland log storage is preferred over in-5014 water storage. 5015 (2) Shoreline Environment Regulations. 5016 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 149/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Priority Aquatic. Industrial/port use and development are prohibited. 5017 (b) Aquatic. Water-dependent and water-related industrial/port use and development may be 5018 allowed as a conditional use, subject to the use and development regulations of the abutting upland 5019 shoreline environment designation. Uses and developments that are not water-dependent or 5020 water-related are prohibited. 5021 (c) Natural. Industrial/port use and development are prohibited. 5022 (d) Conservancy. Only low intensity water-dependent and water-related industrial/port use and 5023 development may be allowed as a conditional use, subject to policies and regulations of this 5024 program. Uses and developments that are not water-dependent or water-related are prohibited, 5025 except that industrial/port use and development that meet the criteria in subsection (5)(a) of this 5026 section may be allowed as a conditional use. 5027 (e) Shoreline Residential. Only low intensity water-dependent and water-related industrial/port use 5028 and development may be allowed subject to policies and regulations of this program. Uses and 5029 developments that are not water-dependent or water-related are prohibited, except that 5030 industrial/port use and development that meet the criteria in subsection (5)(a) of this section may 5031 be allowed as a conditional use. 5032 (f) High Intensity. Water-dependent and water-related industrial/port use and development may be 5033 allowed subject to policies and regulations of this program. Uses and developments that are not 5034 water-dependent or water-related may be allowed as a conditional use. 5035 (3) Regulations – General. 5036 (a) Where industrial and port use/development is allowed, it shall be located, designed, and 5037 constructed in a manner that minimizes adverse impacts to shoreline resources and shall include 5038 mitigation to ensure no net loss of shoreline ecological functions and processes. 5039 (b) Accessory development that does not require a location at or near the water’s edge shall be 5040 located upland of the water-dependent portions of the development and outside the shoreline 5041 buffer. 5042 (c) Industrial noise caused by volume, frequency, or rhythm shall be muffled or otherwise 5043 controlled. Tsunami, air raid and other public safety warning sirens are exempt from this 5044 requirement. No vibration shall be permitted that is discernible without instruments on any 5045 adjoining non-industrial/port property. The county may require an acoustical study, vibration 5046 assessment, and mitigation as needed to address potential noise or vibration impacts. 5047 (d) Industrial and port facilities shall minimize direct or reflected glare and noxious odors discernible 5048 without instruments from adjacent properties, streets, or water areas, and must comply with 5049 Olympic Region Clean Air Agency (ORCAA) standards. 5050 (e) Docks, piers, pilings and launching facilities accessory to industrial and port development may be 5051 permitted; provided, that they serve a water-dependent or water-related use, and comply with JCC 5052 18.25.350 (boating facilities). 5053 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 150/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (f) Storage or disposal of industrial and port wastes shall be prohibited within shoreline jurisdiction. 5054 (g) Non-water-dependent industrial/port uses may be permitted to occur at facilities previously 5055 approved for water-dependent uses under the following conditions: 5056 (i) A specific occupancy plan has been approved that allows interim uses for a specific period 5057 while the market for water-dependent uses is being developed and the proposed interim use is 5058 consistent with the occupancy plan. 5059 (ii) The period of interim lease or commitment of the space shall not exceed five years. At the 5060 end of five years, a new application for interim use shall be submitted. 5061 (iii) The proponent/applicant has made a good faith effort to obtain water-dependent uses. The 5062 period of the search for water-dependent uses, the notice of availability, listing or advertising 5063 employed, and any inquiries received shall be documented. 5064 (iv) No permanent improvements will be made to the space that require more than five years 5065 of occupancy to repay the investment. No permanent improvements will be made that will 5066 reduce the suitability of the space for water-dependent use. 5067 (4) Regulations – Water-oriented Use/Development. 5068 (a) Water-oriented industrial/port use and development shall be allowed when the 5069 proponent/applicant demonstrates that it will not cause a net loss of shoreline ecological functions 5070 or processes or have significant adverse impact on other shoreline uses, resources and/or values 5071 such as navigation, recreation and public access. 5072 (b) A use or development shall not be considered water-dependent, water-related or water-5073 enjoyment until the county determines that the proposed design, layout and operation of the 5074 use/development meet the definition and intent of the water-dependent, water-related or water-5075 enjoyment designation. 5076 (c) Where existing water-oriented industrial/port uses are located in shoreline jurisdiction, any 5077 undeveloped and substantially unaltered portion of the waterfront not devoted to water-5078 dependent use shall be maintained for future water-related use. 5079 (d) Water-dependent industry and port facilities shall be located and designed to minimize the need 5080 for initial or recurrent dredging, filling or other harbor and channel maintenance activities. 5081 (5) Regulations – Non-water-oriented Use/Development. 5082 (a) Non-water-oriented industrial/port uses are prohibited in shoreline jurisdiction unless they meet 5083 the following criteria: 5084 (i) The site is physically separated from the shoreline by another property or public right-of-5085 way; or 5086 (ii) The use is part of a mixed-use project that includes an associated water-dependent use; or 5087 (iii) Navigability is severely limited at the proposed site; or 5088 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 151/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) The industrial/port use provides a significant public benefit in the form of public access 5089 and/or ecological restoration. 5090 (b) When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall 5091 provide public access and/or restore shoreline ecological functions. The county shall determine the 5092 type and extent of public access and restoration on a case-by-case basis according to the 5093 opportunities and constraints provided by the site. 5094 (c) The county may waive the requirement to provide public access and/or restoration when: 5095 (i) The site is designated as a public access area by a shoreline public access plan, in which case 5096 public access consistent with that plan element shall be provided; or 5097 (ii) The county finds that the size of the parcel and/or the presence of adjacent uses preclude 5098 restoration of shoreline ecological functions. In such cases, where on-site restoration is 5099 infeasible, equivalent off-site restoration shall be provided consistent with the policies and 5100 regulations of this program. 5101 (d) Where restoration is provided pursuant to this section, buffers on the restored area shall be 5102 designed as appropriate to protect shoreline resources based on a specific restoration plan. The 5103 buffer width may differ from the shoreline buffers required in JCC 18.25.270 so as not to encumber 5104 adjacent properties or unduly constrain the development site. 5105 (e) Existing non-water-dependent and non-water-related industrial/port development on shorelines 5106 that conforms to this program may be permitted to expand landward, but not waterward of existing 5107 structures provided the expansion otherwise conforms to this program. 5108 (6) Regulations – Log Storage. 5109 (a) In-water storage or rafting of logs is prohibited unless all of the following conditions are met: 5110 (i) There is no feasible upland location; and 5111 (ii) State water quality standards can be met at all times; and 5112 (iii) The storage does not create an impediment to navigation or interfere with other water-5113 dependent uses; and 5114 (iv) The storage occurs in deep water beyond the photic zone to reduce shading impacts; and 5115 (v) Overland transportation of logs would cause unacceptable transportation impacts; and 5116 (vi) Depths are sufficient to prevent grounding; and 5117 (vii) Easy let-down devices are employed for placing logs in the water. Free-fall or dumping of 5118 logs into water shall be prohibited. 5119 (b) Dredging to create log storage facilities shall be prohibited. 5120 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 152/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) Log storage facilities shall be located in existing developed areas to the greatest extent feasible. 5121 If a new log storage facility is proposed along an undeveloped shoreline, an alternatives analysis 5122 shall be required. 5123 (d) Existing in-water log storage facilities in habitats used by federally listed threatened or 5124 endangered species shall be reevaluated if use is discontinued for two years or more or if 5125 substantial repair or reconstruction is required. 5126 (e) Offshore log storage shall only be allowed on a temporary basis, and should be located where 5127 natural tidal or current flushing and water circulation are adequate to disperse potential 5128 contaminants/pollutants. 5129 (f) Appropriate bark and wood debris control, collection and disposal methods shall be employed at 5130 log storage areas, log dumps, raft building areas and mill-side handling zones to prevent wood 5131 debris from entering the water. 5132 (g) Where water depths will permit the floating of bundled logs, they shall be secured in bundles on 5133 land before being placed in the water. Bundles shall not be broken again except on land or at mill-5134 side. 5135 (7) Regulations – Ship Building and Repair Yard Regulations. 5136 (a) Ship and boat building and repair yards shall employ best management practices to control, 5137 collect and treat surface runoff to protect the quality of affected waters in accordance with Chapter 5138 90.48 RCW. 5139 (b) Cleaning, surfacing or resurfacing operations occurring over water that may result in the entry of 5140 debris into water shall employ fully intact tarps temporarily affixed to the hull above the water line. 5141 Prior to removing the tarps, the accumulated contents shall be removed and properly disposed of. 5142 (c) Impervious pavement is required for ship building and repair yards where the wet season water 5143 table is less than four feet below surface level. 5144 (8) Regulations – Application Requirements. The county shall require proponents of all industrial use and 5145 development to provide the following information at the time of permit application: 5146 (a) Site plans showing the boundaries of the property and any existing structures, indication of 5147 existing vegetation and topography, locations of adjacent structures, roads or other infrastructure, 5148 and the ordinary high water mark and/or floodway boundary. For comparison, proposed structures 5149 and uses shall be overlaid on a site plan of existing conditions; and 5150 (b) A description of the specific nature and character of the industrial activity (e.g., water-5151 dependent or water-related), including a description of the specific components of the proposal; 5152 and 5153 (c) A description of the reason for needing a shoreline location; and 5154 (d) Any proposed measures to enhance the relationship of the activity to the shoreline; and 5155 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 153/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (e) A description of the proposed provisions for providing public visual and physical access to the 5156 shoreline; and 5157 (f) A description of potential noise impacts including an acoustical analysis; and 5158 (g) A description of mitigation measures including screening, fencing, and other measures to ensure 5159 that the development will not cause significant adverse environmental impacts. [Ord. 7-13 Exh. A 5160 (Art. VIII § 5)] 5161 18.25.480 Mining. 5162 (1) Policies. 5163 (a) Mining, as defined in Article II of this chapter, should be located and conducted so as to provide 5164 long-term protection of water quality, fish and wildlife species and habitat, to cause the least 5165 amount of disruption to the natural shoreline character, resources and ecology, and to avoid net 5166 loss of ecological functions in accordance with this program and other applicable laws. 5167 (b) Mining should not be located and conducted where unavoidable adverse impacts to other uses 5168 or resources equal or outweigh the benefits from mining. 5169 (c) Mining should not interfere with public access or recreation on the shoreline. 5170 (d) Mining should only be permitted when the proponent provides appropriate studies and detailed 5171 operation plans demonstrating all of the following: 5172 (i) Fish habitat, upland habitat and water quality will not be adversely affected; 5173 (ii) The operation will not adversely affect geo-hydraulic processes, channel alignment, nor 5174 increase bank erosion or flood damages; 5175 (iii) The operation will provide all feasible measures to protect aquatic resources and 5176 anadromous fisheries from pollution related to mining including, but not limited to, 5177 sedimentation and siltation; chemical and petrochemical use and spillage, and storage or 5178 disposal of wastes and spoils. 5179 (e) Mining operations should be located, designed, and managed so that adjoining properties do 5180 not experience adverse impacts from noise, dust or other effects of the operation. The mine 5181 operator should be required to implement mitigation measures to minimize adverse proximity 5182 impacts. 5183 (f) Mining proposals that result in the creation, restoration, or enhancement of habitat for priority 5184 species are preferred over proposals that do not create or improve priority habitat. 5185 (2) Uses and Activities Prohibited Outright. Commercial and industrial extraction and processing of 5186 quarry rock, sand, gravel, cobbles or other minerals along any marine or freshwater lake shoreline, or 5187 waterward of the ordinary high water mark on any stream/river shoreline, are prohibited. 5188 (3) Shoreline Environment Regulations. 5189 (a) Priority Aquatic. Mining use and development are prohibited. 5190 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 154/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Aquatic. Mining use and development are prohibited. 5191 (c) Natural. Mining use and development are prohibited, except for transportation of minerals by 5192 road. 5193 (d) Conservancy. Mining use and development are prohibited, except for transportation of minerals 5194 by road. 5195 (e) Shoreline Residential. Mining use and development are prohibited, except for transportation of 5196 minerals by road. 5197 (f) High Intensity. Mining use and development may be allowed as a conditional use (CUP). 5198 (4) Regulations. 5199 (a) All mining activities shall be conducted to ensure compliance with the Washington State Surface 5200 Mining Act (Chapter 78.44 RCW), with JCC 18.20.240, 18.30.070, and 18.40.073, and with the no net 5201 loss provisions of this program. 5202 (b) As defined in Article II of this chapter, the regulations contained in this section shall apply to all 5203 mining operations, including the extraction, primary processing and transport of naturally occurring 5204 materials. For the purposes of this section, primary processing shall be construed to include 5205 screening, crushing, and stockpiling of materials removed from the site where the processing 5206 activity is located. Transport of minerals shall include conveyor systems and barge terminals that 5207 are specifically dedicated to transport of mined materials from the site to the marketplace. 5208 (c) No material (such as mining overburden, debris and tailings) or equipment shall be placed in 5209 water bodies, critical areas, or floodways and shall be stored so as to prevent erosion or seepage to 5210 surface and ground waters. 5211 (d) To minimize noise, dust, vibration, glare and other adverse impacts, a buffer of at least 100 feet 5212 wide shall be maintained between any mining site, including accessory facilities, and adjacent 5213 properties not used for mining operations. The buffer shall consist of undisturbed soils and native 5214 vegetation and shall only include land owned or leased by the mine operator. 5215 (e) The proposed subsequent use of reclaimed mined property shall be consistent with the 5216 provisions of the environment designation in which the property is located and that reclamation of 5217 disturbed shoreline areas shall provide appropriate ecological processes and functions consistent 5218 with the setting. Approved reclamation programs shall be initiated within 60 days following the 5219 completion of the mineral extraction operations, in consultation with Washington Department of 5220 Natural Resources. 5221 (f) Equipment or apparatus associated with mining operations such as machinery, machine parts, 5222 filters, grease and oil containers and rope shall be removed in a timely manner to an appropriate 5223 upland location. Proposals for mineral extraction and processing shall be accompanied by a report 5224 prepared by a licensed professional geotechnical engineer that includes a description of all of the 5225 following: 5226 (i) Types of materials present on the site; 5227 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 155/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Quantity and quality of each material; 5228 (iii) Lateral extent and depth of mineral deposits; 5229 (iv) Depth of overburden and proposed depth of mining; 5230 (v) Cross section diagrams indicating present and proposed elevations and/or extraction levels; 5231 (vi) Existing drainage patterns, seasonal or continuous, and proposed alterations to drainage 5232 patterns; 5233 (vii) Proposed means of controlling surface runoff and preventing or minimizing erosion and 5234 sedimentation; 5235 (viii) The location and sensitivity of any affected flood hazard areas; 5236 (ix) The overall mineral extraction and processing plan, including scheduling, seasonal changes 5237 in activity levels, and daily operation schedules; 5238 (x) Proposed screening, buffering or fencing plans consistent with the requirements of this 5239 program; 5240 (xi) Anticipated impacts to aquatic and riparian habitat; measures to mitigate or offset adverse 5241 impacts; and 5242 (xii) A proposed reclamation plan that, at a minimum, meets the requirements of Chapter 78.44 5243 RCW. [Ord. 7-13 Exh. A (Art. VIII § 6)] 5244 18.25.490 Recreation. 5245 (1) Policies. 5246 (a) Public recreation on public lands is a preferred use of the shoreline. Recreational uses and 5247 developments that facilitate the public’s ability to reach, touch, and enjoy the water’s edge, to 5248 travel on the waters of the state, and to view the water and the shoreline are preferred. Where 5249 appropriate, such facilities should be dispersed along the shoreline in a manner that supports more 5250 frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of 5251 people. 5252 (b) Jefferson County should develop a comprehensive shoreline public access plan in collaboration 5253 with federal, state, and local organizations whose missions include facilitating public access and 5254 recreation opportunities. 5255 (c) Recreational use and development should facilitate appropriate use of shoreline resources while 5256 also conserving them. 5257 (d) Linkages between shoreline parks, recreation areas and public access points with linear systems 5258 (e.g., water trails, hiking paths, bicycle paths, easements and/or scenic drives) should be provided 5259 where feasible. 5260 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 156/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (e) Recreation facilities should incorporate adequate orientation information and public education 5261 regarding shoreline ecological functions and processes, the effect of human actions on the 5262 environment and the importance of public involvement in shoreline management. Opportunities to 5263 incorporate educational and interpretive information should be pursued in design and operation of 5264 recreation facilities and other amenities such as nature trails. 5265 (f) Recreational use and development should be supported by adequate utility and road facilities, or 5266 located where such facilities may be provided without significant damage to shore features 5267 commensurate with the number and concentration of anticipated users. 5268 (g) The county should encourage the use of street ends and publicly owned lands for shoreline 5269 public access to and development of recreational opportunities. 5270 (h) Recreation use and development should be located and designed in a manner that is compatible 5271 with the surrounding properties. 5272 (i) Recreational developments are encouraged to use low impact development techniques including 5273 but not limited to pervious pavements, to minimize effects associated with stormwater runoff. 5274 (2) Shoreline Environment Regulations. 5275 (a) Priority Aquatic. Water-oriented recreational use and development is allowed subject to the 5276 regulations of the abutting upland shoreline environment designation. Underwater parks may be 5277 allowed as a conditional use. Non-water-oriented recreation is prohibited. 5278 (b) Aquatic. Water-oriented recreational use and development is allowed subject to the regulations 5279 of the abutting upland shoreline environment designation. Underwater parks may be allowed as a 5280 conditional use. Non-water-oriented recreation is prohibited. 5281 (c) Natural. Non-water-oriented recreation is prohibited. Low intensity water-oriented recreational 5282 use and development may be allowed subject to policies and regulations of this program and the 5283 following criteria: 5284 (i) Essential minor structures such as trails, stairs, small picnic areas, primitive roads, 5285 viewpoints, restrooms or other appropriate sanitary facilities, interpretive facilities, or 5286 development that will not adversely affect shoreline ecological functions and processes are 5287 permitted, subject to policies and regulations of this master program. 5288 (ii) Any necessary landscaping shall use native vegetation. 5289 (iii) Recreational development requiring extensive structures or substantial alterations to 5290 topography or native vegetation is prohibited. 5291 (d) Conservancy. Non-water-oriented recreation is prohibited. Low intensity water-oriented 5292 recreational use and development is allowed subject to policies and regulations of this program and 5293 the following criteria: 5294 (i) Structures on sites of one acre or less shall not result in more than five percent building 5295 coverage, and total impervious surface shall not exceed 10 percent. 5296 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 157/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (ii) Structures on sites greater than one acre will not result in more than 10 percent building 5297 coverage, and total impervious surface will not exceed 20 percent. 5298 (iii) Alteration of topography shall be limited to the minimum necessary to accommodate 5299 allowed use and development. 5300 (iv) Recreational use and development will not result in visitor patterns that degrade shoreline 5301 ecological functions. 5302 (e) Shoreline Residential. Water-oriented recreational use and development is allowed subject to 5303 the policies and regulations of this master program. Non-water-oriented recreation may be allowed 5304 as a conditional use. 5305 (f) High Intensity. Water-oriented recreational use and development is allowed subject to the 5306 policies and regulations of this master program. Non-water-oriented recreation is prohibited. 5307 (3) Regulations. 5308 (a) Water-oriented recreational use/development is a preferred use of the shoreline and shall be 5309 allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological 5310 functions or processes or have significant adverse impact on other shoreline uses, resources and/or 5311 values such as navigation and public access. 5312 (b) Recreation areas or facilities on the shoreline shall provide physical or visual public access 5313 consistent with JCC 18.25.290 (Public access). 5314 (c) Underwater parks may be permitted when properly sited and associated with adequate access, 5315 restroom facilities and parking. Underwater parks should be located adjacent to existing parks 5316 where feasible. 5317 (d) Non-water-oriented recreational facilities with playing fields or with extensive impervious 5318 surfaces are not preferred, and if permitted shall incorporate best management practices (BMPs) to 5319 prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and 5320 sediment from entering water bodies. 5321 (e) New recreational use/development shall be located landward of the shoreline buffers required 5322 by this program except that components of the recreational use or development that are water-5323 dependent or water-related may be allowed within the shoreline buffer. 5324 (f) Signs indicating the public’s right to access shoreline areas shall be installed and maintained in 5325 conspicuous locations at recreational facility points of access and entrances. 5326 (g) When a public recreation site abuts private property/tidelands, signs and other similar markers 5327 shall also indicate geographic limits of public access to minimize conflicts with adjacent 5328 use/development. 5329 (h) Where appropriate, recreational development proposals shall include provisions for 5330 nonmotorized access to the shoreline (e.g., pedestrian, water access and bicycle paths). 5331 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 158/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Proposals for recreational use and development that involve any clearing, grading or impervious 5332 surface shall include a landscape plan that uses species approved by the county. Native, self-5333 sustaining vegetation shall be used as often as possible. The removal of on-site native vegetation 5334 shall be limited to the minimum necessary for the development of campsites, selected viewpoints 5335 or other permitted structures or facilities and shall be subject to JCC 18.25.310 (Vegetation 5336 conservation). 5337 (j) Proposals for recreational development shall include adequate facilities for water supply, sewage 5338 and garbage disposal, and recycling commensurate with the intensity of the proposed use. 5339 Remotely located sites shall encourage visitors to implement best management practices (BMPs) 5340 such as the tread lightly and leave no trace principles of low impact recreation. 5341 (k) Recreational use and development shall incorporate appropriate mitigation to minimize light 5342 and noise impacts on adjoining land uses. Such measures shall include, but not be limited to, 5343 fencing, screening, and related measures. [Ord. 7-13 Exh. A (Art. VIII § 7)] 5344 18.25.500 Residential. 5345 (1) Policies. 5346 (a) Residential use is not water-dependent but is a priority use of the shorelines when such 5347 development is planned and carried out in a manner that protects shoreline functions and 5348 processes to be consistent with the no net loss provisions of this program. New over-water 5349 residences, including floating dwellings as defined by this program, are not a preferred or priority 5350 use and should be prohibited. 5351 (b) All residential use and development should be planned, designed, located, and operated to 5352 avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality 5353 and quantity, aesthetics, navigation, and neighboring uses. 5354 (c) All residential use and development should be properly managed to avoid damage to the 5355 shoreline environment and prevent cumulative impacts associated with shoreline armoring, 5356 overwater structures, stormwater runoff, septic systems, introduction of pollutants, and vegetation 5357 clearing. 5358 (d) New residential development should be limited to densities that are consistent with the 5359 Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program. The 5360 density per acre of development should be appropriate to local natural and cultural features. 5361 (e) Low impact development practices and clustering of dwelling units and accessory structures 5362 should be implemented as appropriate to preserve natural features, minimize physical impacts and 5363 reduce utility and road construction and maintenance costs. 5364 (f) New residential development should be planned and built in a manner that avoids the need for 5365 structural shore armoring and flood hazard reduction in accordance with JCC 18.25.380 (Flood 5366 control structures) and 18.25.410 (shoreline stabilization) of this program and other applicable 5367 plans and laws. 5368 (g) Residential development should be designed to: 5369 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 159/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (i) Maintain or improve ecological functions and processes; and 5370 (ii) Preserve and enhance native shoreline vegetation; and 5371 (iii) Control erosion; and 5372 (iv) Protect water quality; and 5373 (v) Preserve shoreline aesthetic characteristics; and 5374 (vi) Minimize structural obstructions to public views and normal public use of the shoreline and 5375 the water. 5376 (h) Creation of new residential lots through land division should be designed, configured and 5377 developed to ensure that no net loss of ecological functions and processes occurs from the plat or 5378 subdivision, even when all lots are fully built-out. 5379 (i) Residential developments are encouraged, but not required, to provide public access to the 5380 shoreline. New multi-unit residential development, including subdivision of land into more than 5381 four parcels, is strongly encouraged to provide public access/open space area equal to at least 30 5382 percent of the total development/subdivision area for use by development residents and the public. 5383 (j) Whenever possible, nonregulatory methods to protect, enhance, and restore shoreline ecological 5384 functions should be encouraged for residential development. 5385 (2) Uses and Activities Prohibited Outright. 5386 (a) In-water, overwater or floating dwellings or accessory dwelling units, including structures 5387 located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or open 5388 water areas, are prohibited. 5389 (b) Residential development that can be reasonably expected to require structural shore armoring 5390 during the useful life of the structure or within 100 years, whichever is greater, is prohibited. 5391 (c) Residential development within a channel migration zone or floodway that can be reasonably 5392 expected to require structural flood protection during the useful life of the structure or within 100 5393 years, whichever is greater, is prohibited. 5394 (d) Land division and boundary line adjustments in shoreline jurisdiction are prohibited when such 5395 actions will result in lot configurations that are likely to require: 5396 (i) Significant vegetation removal; 5397 (ii) Structural shore armoring; 5398 (iii) Shoreline modification for erosion control; 5399 (iv) Flood hazard protection; or 5400 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 160/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) Result in a net loss of shoreline ecological functions and processes at the time of 5401 development of the subdivision and/or during the useful life of the development or within 100 5402 years, whichever is greater. 5403 (3) Shoreline Environment Regulations. 5404 (a) Priority Aquatic. Residential development is prohibited. 5405 (b) Aquatic. Residential development is prohibited. 5406 (c) Natural. Residential development consisting of one single-family residence per existing legal lot 5407 of record may only be allowed as a conditional use, even where qualified as exempt. Accessory 5408 dwelling units shall be prohibited. 5409 (d) Conservancy. Single-family and duplex development may be allowed subject to policies and 5410 regulations of this program. All other residential development may be allowed as a conditional use. 5411 (e) Shoreline Residential. Residential development is allowed subject to the policies and regulations 5412 of this master program. 5413 (f) High Intensity. Residential development is allowed subject to the policies and regulations of this 5414 master program. 5415 (g) In all SEDs where an existing single family dwelling (residential primary structure) has been 5416 established by exemption, no additional dwelling may be established by exemption on the same 5417 lot/parcel. Additional dwellings on the subject property shall require the permit type in Table 5418 18.25.220. 5419 (4) Regulations – Primary Residences and Property Subdivision. 5420 (a) Residential use and development shall be planned, designed, located, and operated to avoid 5421 adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, 5422 aesthetics, navigation, and neighboring uses. 5423 (b) The buffer requirements in Article VI of this program apply to residences, normal 5424 appurtenances, and accessory dwelling units, except that docks, floats, and beach access structures 5425 and other water-dependent and water-related structures accessory to residential use may be 5426 permitted to encroach into the buffer in accordance with the applicable provisions of this program. 5427 Accessory structures must be sited and designed to not require shoreline armoring within 100 5428 years. 5429 (c) Cluster development and appropriate low impact development practices shall be required for 5430 development sites constrained by critical areas and/or shoreline buffers. 5431 (d) When zoning regulations allow, proposals for multi-story residential development greater than 5432 35 feet above average grade must include an analysis of how the structure would impact the views 5433 of surrounding residents. If the proposed residence would block or significantly compromise the 5434 view of a substantial number of residences on adjoining areas, the county shall limit the height to 5435 35 feet, or require design revisions or relocation to prevent the loss of views to neighboring 5436 properties. 5437 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 161/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (e) New multi-unit residential development, including subdivision of land into more than four 5438 parcels, shall provide public access/open space for use by development residents and the public. 5439 The county may alter the recommended area threshold per constitutional limits or waive this 5440 requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline 5441 ecology or legal limitations. The county may require alternatives to on-site physical access if on-site 5442 physical access is infeasible for the reasons noted. 5443 (f) As per Article VI of this chapter, new or expanded subdivisions and planned unit developments 5444 comprised of four or more lots or units shall provide public access to publicly owned shorelines or 5445 public water bodies unless: 5446 (i) The site is designated in a shoreline public access plan for a greater component of public 5447 access; or 5448 (ii) The public access is demonstrated to be infeasible or inappropriate. 5449 (g) New or amended subdivisions, except those for lot line adjustment and lot consolidation 5450 purposes, shall provide public access as required in Article VI of this chapter. 5451 (h) When required for multi-lot/multi-unit residential development, the amount of public 5452 access/open space area shall be determined by site analysis per constitutional limits. The county 5453 may waive this requirement if public access is infeasible due to incompatible uses, risks to health or 5454 safety, impacts to shoreline ecology or legal limitations. In such cases, the county may require 5455 alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted. 5456 (i) The type and configuration of public access required for multi-unit/multi-lot residential 5457 development shall depend on the proposed use(s) and the following criteria: 5458 (i) Subdivisions within shoreline jurisdiction that have views of water areas shall at a minimum 5459 provide an area from which the public can view the shoreline. 5460 (ii) Subdivisions adjacent to public waterways or tidelands shall provide physical access to 5461 public waters/tidelands that are accessible at low tide or low water. 5462 (5) Regulations – Accessory Structures/Uses. 5463 (a) Accessory dwelling units may be permitted when the primary residential use is allowed pursuant 5464 to, and only when, other provisions of this program are met. 5465 (b) Accessory structures and uses such as boating facilities, pedestrian beach access structures, 5466 shore armoring and shore stabilization shall be subject to the applicable provisions of Article VII of 5467 this chapter. 5468 (c) A single water-dependent boathouse, as defined in Article II of this chapter, accessory to single-5469 family residential development may be allowed with a conditional use permit and in accordance 5470 with JCC 18.25.270(5)(d)(iii) and other provisions of this program. 5471 (d) A shoreline substantial development permit or conditional use permit shall be required for all 5472 accessory development that is not considered a normal appurtenance. [Ord. 7-13 Exh. A (Art. VIII § 5473 8)] 5474 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 162/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.510 Signs. 5475 (1) Policies. 5476 (a) Signs should be located, designed and maintained to be visually compatible with local shoreline 5477 scenery as seen from both land and water, especially on shorelines of statewide significance. 5478 (b) Sign location and design should not significantly impair shoreline views. 5479 (c) To avoid continued proliferation of single purpose signs, communities, districts, and/or multi-use 5480 or multi-tenant commercial developments are encouraged to erect single, common use gateway 5481 signs to identify and give directions to local premises and public facilities. 5482 (d) Signs of a commercial or industrial nature should be limited to those areas or premises to which 5483 the sign messages refer. 5484 (e) Off-premises signs (including billboards) should not be located on shorelines except for 5485 approved community gateway or directional signs. 5486 (f) Signs near scenic vistas and viewpoints should be restricted in number, location, and height so 5487 that enjoyment of these areas is not impaired. 5488 (g) Freestanding signs should be located to avoid blocking scenic views and be located on the 5489 landward side of public transportation routes which generally parallel the shoreline. 5490 (h) To minimize negative visual impacts and obstructions to shoreline access and use, low profile, 5491 on-premises wall signs are strongly preferred over freestanding signs or off-premises wall signs. 5492 (i) Signs should be designed mainly to identify the premises and nature of enterprise without unduly 5493 distracting uninterested passersby. 5494 (2) Shoreline Environment Regulations. 5495 (a) Priority Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for 5496 water-dependent uses may be allowed subject to the use and development regulations of the 5497 abutting upland shoreline environment designation. No one premises may maintain more than two 5498 signs in a priority aquatic shoreline area. 5499 (b) Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for water-5500 dependent uses may be allowed subject to the use and development regulations of the abutting 5501 upland shoreline environment designation. No one premises may maintain more than two signs in 5502 an aquatic shoreline area. 5503 (c) Natural. Sign development is prohibited, except for trail marking, hazard warnings, or 5504 interpretive scientific or educational purposes and personal signs. Such allowed signs shall be 5505 limited in size and number to those required to effect their purpose. 5506 (d) Conservancy. Signs may be permitted subject to the policies and regulations of this master 5507 program. 5508 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 163/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (e) Shoreline Residential. Signs may be allowed subject to the policies and regulations of this master 5509 program. 5510 (f) High Intensity. Signs may be allowed subject to the policies and regulations of this master 5511 program. 5512 (3) Regulations. 5513 (a) Signs shall comply with JCC 18.30.150 and exemptions listed there also apply in this program. 5514 (b) Plans and designs for non-exempt signs must be submitted for review at the time of shoreline 5515 permit application. 5516 (c) All signs shall be located and designed to minimize interference with vistas, viewpoints, and 5517 visual access to the shoreline. 5518 (d) Overwater signs or signs on floats or pilings shall be prohibited, except when related to 5519 navigation or a water-dependent use. 5520 (e) Illuminated signs shall be hooded, shaded, or directed so as to eliminate glare when viewed from 5521 surrounding properties or watercourses. 5522 (f) No signs shall be placed in view corridors required as a condition of permit approval under this 5523 master program. 5524 (g) The following types of signs may be permitted, subject to the provisions contained within this 5525 section: 5526 (i) Water navigational signs and highway and railroad signs necessary for operation, safety and 5527 direction; 5528 (ii) Public information/interpretive signs directly relating to a shoreline resource, use or activity; 5529 (iii) Off-premises, free signs for community identification, information, or directional purposes; 5530 (iv) Signs with changing messages; provided, that the information displayed is limited to time, 5531 temperature or date or public noncommercial messages; 5532 (v) National, state or institutional flags or temporary decorations customary for special holidays 5533 and similar events of a public nature; and 5534 (vi) Temporary directional signs to public or quasi-public events if removed within 10 days 5535 following the event. 5536 (h) The following types of signs are prohibited: 5537 (i) Signs that impair visual access through view corridors; 5538 (ii) Off-premises, detached outdoor advertising signs; 5539 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 164/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iii) Signs that incorporate spinners, streamers, pennants, flashing or blinking lights and moving 5540 devices, except for public highway and railroad signs; 5541 (iv) Signs placed on trees or other natural features; and 5542 (v) Commercial signs for products, services or facilities located off site. [Ord. 7-13 Exh. A (Art. 5543 VIII § 9)] 5544 18.25.520 Transportation. 5545 (1) Policies. 5546 (a) Major new roads, railroads and parking areas should be located outside of the shoreline 5547 jurisdiction whenever feasible. 5548 (b) Maintenance and repair of existing roads in shoreline jurisdiction shall use all reasonable 5549 methods to minimize adverse impacts on nearby shorelines. 5550 (c) Road and railroad locations should be planned to fit the topographical characteristics of the 5551 shoreline to minimize alterations to natural shoreline conditions. 5552 (d) New transportation facilities should be designed and located to minimize the need for the 5553 following: 5554 (i) Structural shoreline protection measures; 5555 (ii) Modifications to natural drainage systems; and 5556 (iii) Waterway crossings. 5557 (e) Planning for transportation and circulation corridors shall consider location of public access 5558 facilities, and be designed to promote safe and convenient access to those facilities. 5559 (f) Pedestrian trails and bicycle paths along shorelines are encouraged where they are compatible 5560 with the natural character, resources, and ecology of the shoreline. 5561 (g) When transportation corridors are necessary within shoreline jurisdiction, joint-use corridors are 5562 preferred and encouraged for roads, utilities, and motorized forms of transportation/circulation. 5563 (h) Parking is not a preferred use in shoreline areas and should be limited to accessory parking that 5564 directly serves a permitted shoreline use. Primary use parking should be prohibited. 5565 (i) Parking facilities should be located and designed to minimize adverse environmental impacts to 5566 the following, including, but not limited to: 5567 (i) Stormwater runoff; 5568 (ii) Water quality; 5569 (iii) Visual qualities; 5570 (iv) Public access; and 5571 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 165/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (v) Vegetation and habitat. 5572 (j) Parking areas should be planned to achieve optimum use. Where feasible, parking areas should 5573 serve more than one use (e.g., recreational use on weekends, commercial use on weekdays). 5574 (k) Transportation facilities should employ pervious materials and other appropriate low impact 5575 development techniques where soils and geologic conditions are suitable and where such measures 5576 could measurably reduce stormwater runoff. 5577 (l) The County should evaluate all transportation, plans and projects for opportunities to adapt and 5578 mitigate the effects of climate change. (Comprehensive Plan Policy TR-P-9.7) 5579 (2) Uses and Activities Prohibited Outright. 5580 (a) Parking as a primary use shall be prohibited within shoreline jurisdiction. 5581 (b) Parking is prohibited on structures located in or over water. 5582 (3) Shoreline Environment Regulations. 5583 (a) Priority Aquatic. Transportation facilities that provide access to water-dependent or water-5584 related uses may be allowed as a conditional use subject to the use and development regulations of 5585 the abutting upland shoreline environment designation. New or expanded stream crossings serving 5586 non-water-dependent or non-water-related uses may be allowed as a conditional use subject to the 5587 use and development regulations of the abutting upland shoreline environment designation. 5588 (b) Aquatic. Transportation facilities that provide access to water-dependent or water-related uses 5589 may be allowed as a conditional use subject to the use and development regulations of the abutting 5590 upland shoreline environment designation. New or expanded stream crossings for non-water-5591 dependent or non-water-related uses may be allowed as a conditional use subject to the use and 5592 development regulations of the abutting upland shoreline environment designation. 5593 (c) Natural. Transportation facilities are prohibited, except to access approved public recreational 5594 development. 5595 (d) Conservancy. Transportation facilities may be allowed subject to policies and regulations of this 5596 program. Transportation facilities not serving a specific approved use, including roads, railways, and 5597 parking areas, may be allowed as a conditional use, provided there is no feasible location outside of 5598 the shoreline. 5599 (e) Shoreline Residential. Transportation facilities may be allowed subject to policies and regulations 5600 of this program. Transportation facilities not serving a specific approved use, including roads, 5601 railways, and parking areas, may be allowed as a conditional use, provided there is no feasible 5602 location outside of the shoreline. 5603 (f) High Intensity. Transportation facilities may be allowed subject to policies and regulations of this 5604 program. Transportation facilities not serving a specific approved use, including roads, railways, and 5605 parking areas, may be allowed as a conditional use, provided there is no feasible location outside of 5606 the shoreline. 5607 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 166/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (4) Regulations – Design and Operation. 5608 (a) New transportation facilities in shoreline jurisdiction shall be located to be as far away from 5609 shoreline features as possible and shall be designed to generally follow natural topography, to 5610 minimize cuts and/or fills, and to avoid adverse impacts to shoreline ecological functions and 5611 processes, including channel migration zones (CMZs). Wherever roads or railway embankments 5612 cross waterways including remnant stream channels and oxbow bends, crossings of ample cross-5613 section shall be provided to span the feature. 5614 (b) Raised arterial roads or railways shall be built outside the floodway except for necessary 5615 crossings. If built in the floodplain, such routes shall be designed to avoid obstructing floodwaters. 5616 Any parking areas required along such roads shall be located to prevent or minimize the need for 5617 flood control or shoreline armoring. Local access roads in floodplains shall be built so that 5618 floodwaters are not obstructed nor diverted. 5619 (c) Transportation facilities shall be designed so that no significant loss of floodway capacity nor 5620 measurable increase in predictable flood levels will result. Such facilities shall avoid placing 5621 structures within the channel migration zone or any dynamic, shifting channel area. 5622 (d) In instances where water crossing is required, roads shall cross shoreline areas and water bodies 5623 by the shortest, most direct route feasible unless such route would cause more damage to the 5624 environment. 5625 (e) When an in-water or overwater development or structure is required for construction, operation 5626 or maintenance of transportation facilities, it shall meet all provisions of this section and this 5627 program. 5628 (f) Bridge supports and abutments shall be designed and spaced so they do not act as walls baffling 5629 or blocking flood waters, or interrupting stream channel processes or littoral drift. 5630 (g) Bridges and culverts shall be used in accordance with WDFW guidance to protect shoreline 5631 ecological functions and processes. Transportation crossings over ordinary high water in floodways 5632 shall be constructed on open piling, support piers, culverts, or other similar measures to preserve 5633 hydraulic processes. 5634 (h) Parking facilities shall only be permitted in shoreline jurisdiction to support an authorized use 5635 where it can be demonstrated that there are no feasible alternative locations away from the 5636 shoreline. 5637 (i) Transportation facilities shall be constructed of materials that will not adversely affect water 5638 quality or aquatic plants and animals over the long term. Elements within or over water shall be 5639 constructed of materials approved by applicable state agencies for use in water for both submerged 5640 portions and other components to avoid discharge of pollutants from splash, rain or runoff. Wood 5641 or pilings treated with creosote, pentachlorophenol or other similarly toxic materials are prohibited. 5642 Preferred materials are concrete and steel. 5643 (j) Transportation development shall be carried out in a manner that maintains or improves state 5644 water quality standards for affected waters. 5645 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 167/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (k) Pervious materials and low impact development techniques shall be used to manage stormwater 5646 runoff where feasible and where conditions are appropriate. 5647 (l) Non-emergency construction and repair work shall be scheduled for that time of year when 5648 seasonal conditions (weather, streamflow) permit optimum feasible protection of shoreline 5649 ecological functions and processes. 5650 (m) Transportation shall be required to make joint use of rights-of-way and to consolidate crossings 5651 of water bodies where adverse impact to the shoreline can be minimized by doing so. 5652 (n) Roads and railroads shall be located to minimize the need for routing surface waters into and 5653 through culverts. 5654 (5) Regulations – Parking. 5655 (a) Parking shall only be permitted in shoreline jurisdiction when necessary to support an 5656 authorized use where it can be demonstrated that there are no feasible alternative locations away 5657 from the shoreline. Parking facilities shall be buffered from the water’s edge and less intense 5658 adjacent land uses by vegetation, undeveloped space, or structures developed for the authorized 5659 primary use to the maximum practicable extent. 5660 (b) Parking areas shall be developed using low impact development techniques whenever possible 5661 including but not limited to the use of permeable surfacing materials. 5662 (c) Parking facilities shall be designed and located to minimize adverse impacts upon abutting 5663 properties. Landscaping shall consist of county-approved vegetation species planted prior to 5664 completion of the parking area. Landscape plantings shall be selected, planted and maintained to 5665 provide effective screening within three years of project completion and through maturity of the 5666 species. 5667 (d) Parking facilities serving individual buildings shall be located landward of the principal building 5668 being served, except when the parking facility is located within or beneath the structure and is 5669 adequately screened, or in cases when an alternate location would have less environmental impact 5670 on the shoreline. 5671 (e) Parking facilities for shoreline uses shall be designed to provide safe and convenient pedestrian 5672 circulation within the parking area and to the shorelines. 5673 (f) Parking facilities shall be provided with facilities adequate to prevent surface water runoff from 5674 contaminating water bodies, using best available technologies. A parking facility maintenance 5675 program shall be required to assure the proper functioning of drainage facilities over time. [Ord. 7-5676 13 Exh. A (Art. VIII § 10)] 5677 (g) Parking facilities may include features such as lighting, signage, electric vehicle charging stations, 5678 bike racks/lockers, passenger loading/seating, and similar features, when demonstrated to be an 5679 ancillary component of an accessory parking function. Such ancillary components may be provided 5680 as a complimentary or for a user fee, by the accessory parking’s primary use owner/operator or by a 5681 third-party with written permission. Unrelated stand-alone commercial activities (e.g. concession 5682 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 168/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations stand, bike rentals) located in a parking lot are not ancillary components and shall be subject to 5683 other applicable provisions of the program. 5684 18.25.530 Utilities. 5685 (1) Policies. 5686 (a) New public or private utilities should be located inland from the land/water interface, preferably 5687 outside of the shoreline, unless: 5688 (i) The utility requires a location adjacent to the water; or 5689 (ii) Alternative locations are infeasible; or 5690 (iii) Utilities are required for permitted shoreline uses consistent with this program. 5691 (b) Utilities should be located and designed to avoid public recreation and public access areas and 5692 significant historic, archaeological, cultural, scientific or educational resources. 5693 (c) Pipeline and cable development should be designed and sited to avoid crossing aquatic lands. If 5694 a water crossing is unavoidable, it should be located in an area that will cause the least adverse 5695 ecological impact, be installed using the methods that minimize adverse impacts, and be the 5696 shortest length feasible. 5697 (d) Utility facilities of all kinds that would require periodic maintenance activities should avoid 5698 shoreline locations to prevent disruption of shoreline ecological functions. 5699 (e) New utilities should use existing transportation and utility sites, rights-of-way and corridors, 5700 rather than creating new corridors. 5701 (f) New utility installations should be planned, designed and located to eliminate the need for 5702 structural shoreline armoring or flood hazard reduction measures. 5703 (g) Utility facilities and corridors should be planned, designed and located to protect scenic views. 5704 Where feasible, conveyance utilities should be placed underground or alongside or under bridges, 5705 unless doing so would cause greater ecological impact or harm. 5706 (h) Power generating facilities and other utilities using emerging technologies such as tidal energy 5707 generators should be carefully evaluated to ensure that the potential impacts are fully understood. 5708 Before approving such facilities, the county should consider whether the benefits to the public 5709 outweigh the potential impacts. The county should ensure such facilities are designed and located 5710 to protect ecological functions and shoreline resources. 5711 (2) Shoreline Environment Regulations. 5712 (a) Priority Aquatic. 5713 (i) Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines, 5714 sewer outfalls, overwater public utility lines consisting of local distribution lines, water intakes, 5715 and desalinization facility intakes/outfalls may be allowed as conditional uses subject to policies 5716 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 169/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations and regulations of this program and subject to the use and development regulations of the 5717 abutting upland shoreline environment designation. 5718 (ii) All other utility development is prohibited. 5719 (b) Aquatic. 5720 (i) Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines, 5721 sewer outfalls, overwater public utility lines consisting of local distribution lines, water intakes, 5722 and desalinization facility intakes/outfalls may be allowed as conditional uses subject to policies 5723 and regulations of this program and subject to the use and development regulations of the 5724 abutting upland shoreline environment designation. 5725 (ii) Submarine water and sewer lines, fuel pipelines, and sewer outfalls may be allowed as 5726 conditional uses subject to the use and development regulations of the abutting upland 5727 shoreline environment designation. 5728 (iii) Tidal generating facilities may be allowed as a conditional use. 5729 (iv) All other utility development is prohibited. 5730 (c) Natural. 5731 (i) Utility development is prohibited. 5732 (ii) Maintenance of existing utilities is allowed; provided, that the operator makes every effort 5733 to protect shoreline ecological functions and the natural features therein. Removal of existing 5734 utilities is preferred over time. 5735 (iii) Utilities accessory to and serving permitted uses are allowed. 5736 (d) Conservancy. Utility development consisting of local distribution facilities is allowed subject to 5737 policies and regulations of this program. The following may be allowed as a conditional use, 5738 provided there is no feasible location outside shoreline jurisdiction: sewage outfalls and treatment 5739 plants, overwater communication or power lines, fuel pipelines, and other types of hazardous 5740 material pipelines, regional facilities, including transmission facilities serving customers outside of 5741 Jefferson County, desalinization facilities, and power generating facilities. Freestanding 5742 communication towers are prohibited. 5743 (e) Shoreline Residential. Utility development consisting of local distribution facilities is allowed 5744 subject to policies and regulations of this program. The following may be allowed as a conditional 5745 use, provided there is no feasible location outside shoreline jurisdiction: regional facilities, including 5746 transmission facilities serving customers outside of Jefferson County, desalinization facilities, and 5747 power generating facilities. 5748 (f) High Intensity. Utility development consisting of local distribution facilities is allowed subject to 5749 policies and regulations of this program. The following may be allowed as a conditional use, 5750 provided there is no feasible location outside shoreline jurisdiction: regional facilities, including 5751 transmission facilities serving customers outside of Jefferson County, desalinization facilities, and 5752 power generating facilities. 5753 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 170/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (3) Regulations – General. 5754 (a) All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially 5755 injurious to water quality are prohibited, except in situations where no other feasible alternative 5756 exists. In those limited instances when permitted, automatic shut-off valves shall be provided on 5757 both sides of the water body, and pipe sleeves shall be used to facilitate repair without future 5758 encroachment on surface waters and wetlands, unless more feasible or technically superior 5759 alternatives exist that provide equivalent protection, as deemed by the administrator. 5760 (b) Utilities that are not water-dependent shall be located outside shoreline buffers unless it is 5761 demonstrated that alternative locations and alternative technology are infeasible. 5762 (c) The construction, operation and maintenance of utilities shall not cause a net loss of shoreline 5763 ecological functions or processes or adversely impact other shoreline resources and values. 5764 (d) The following information shall be required for all proposals for utility facilities: 5765 (i) A description of the proposed facilities; and 5766 (ii) The rationale and justification for siting the proposed facility within shoreline jurisdiction; 5767 and 5768 (iii) A discussion of alternative locations considered and reasons for their elimination; and 5769 (iv) A description of the location of other utility facilities in the vicinity of the proposed project 5770 and any plans to include facilities or other types of utilities in the project; and 5771 (v) A plan for the reclamation of areas disturbed both during construction and following 5772 decommissioning and/or completion of the useful life of the facility; and 5773 (vi) A plan for the control of erosion and turbidity during construction and operation; and 5774 (vii) An analysis of alternative technologies; and 5775 (viii) Documentation that utilities avoid public recreation areas and significant natural, historic 5776 or archaeological or cultural sites or that no alternative is feasible and that all feasible 5777 measures to reduce harm have been incorporated into the proposal. 5778 (ix) When feasible, utility lines shall use existing rights-of-way, corridors and/or bridge crossings 5779 and shall avoid duplication and construction of new or parallel corridors in all shoreline areas. 5780 (e) Utility facilities shall be constructed using techniques that minimize the need for shoreline fill. 5781 When crossing water bodies, pipelines and other utility facilities shall use pier or open pile 5782 construction. 5783 (f) Vegetation clearing during utility installation or maintenance shall be minimized, and disturbed 5784 areas shall be restored or enhanced following project completion consistent with the requirements 5785 of this program. 5786 (4) Regulations – Water Systems. 5787 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 171/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) Components of water systems that are not water-dependent shall be located away from the 5788 shoreline. Private and public intake facilities should be located where there will be no net loss in 5789 ecological functions or adverse impacts upon shoreline resources, values, natural features, or other 5790 users. 5791 (b) Desalinization facilities shall be located outside of critical areas and landward of shoreline 5792 buffers, except for water-dependent components such as water intakes. 5793 (5) Regulations – Essential Public Facilities. 5794 (a) Essential public facilities shall be located, developed, managed, and maintained in a manner that 5795 protects shoreline ecological functions and processes. 5796 (b) Essential public facilities shall be designed to enhance shoreline public access and aesthetics. 5797 (c) Essential public facilities shall be located outside of shoreline jurisdiction unless they require a 5798 waterfront location or unless there is no feasible alternative. 5799 (6) Regulations – Sewage Systems. 5800 (a) Outfall pipelines and diffusers are water-dependent but shall be located to minimize adverse 5801 effects on shoreline ecological functions and processes or adverse impacts upon shoreline resources 5802 and values. 5803 (b) Septic tanks and drain fields are prohibited where public sewer is readily available. 5804 (7) Regulations – Solid Waste Facilities. 5805 (a) Facilities for processing and storage and disposal of solid waste are not normally water-5806 dependent. Components that are not water-dependent shall not be permitted on shorelines. 5807 (b) Disposal of solid waste on shorelines or in water bodies has potential for severe adverse effects 5808 upon ecological processes and functions, property values, public health, natural resources, and local 5809 aesthetic values, and shall not be permitted. 5810 (c) Temporary storage of solid waste in suitable receptacles is permitted as accessory to a permitted 5811 primary use or for litter control. 5812 (8) Regulations – Oil, Gas and Natural Gas Transmission. 5813 (a) Oil, gas and natural gas transmission and distribution pipelines and related facilities shall not be 5814 located in shoreline areas unless alternatives are demonstrated to be infeasible. 5815 (b) Local natural gas service lines shall not be located in shoreline areas unless serving approved 5816 shoreline uses. Crossings of shorelines shall not be approved unless alternatives are demonstrated 5817 to be infeasible. 5818 (c) Developers and operators of pipelines and related facilities for gas and oil shall be required to 5819 demonstrate adequate provisions for preventing spills or leaks, as well as established procedures 5820 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 172/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations for mitigating damages from spills or other malfunctions and shall demonstrate that periodic 5821 maintenance will not disrupt shoreline ecological functions. 5822 (9) Regulations – Electrical Energy and Communication Systems. 5823 (a) Systems components (including substations, towers, and transmission and distribution lines) 5824 that are not water-dependent shall not be located on shorelines unless alternatives are infeasible. 5825 (b) Underground placement of lines shall be required for new or replacement lines that are parallel 5826 to the shoreline, and do not cross water bodies. New or replacement lines that cross water or 5827 critical areas may be required to be placed underground depending on impacts on ecological 5828 functions and processes and visual impacts. Poles or supports treated with creosote or other wood 5829 preservatives that may be mobile in water shall not be used along shorelines or associated 5830 wetlands. 5831 (10) Regulations – Power Generation Facilities. Power generation facilities involving emerging 5832 technologies such as tidal energy shall not be permitted until and unless the county determines that the 5833 adverse effects can be fully mitigated and the public benefits clearly outweigh the risks to the shoreline 5834 environment. [Ord. 7-13 Exh. A (Art. VIII § 11)] 5835 Article IX. Permit Criteria and Exemptions 5836 18.25.540 Substantial development permit criteria. 5837 To be authorized, all uses and developments shall be planned and carried out in a manner that is 5838 consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of 5839 whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use 5840 permit is required. [Ord. 7-13 Exh. A (Art. IX § 1)] 5841 18.25.550 Exemptions from shoreline substantial development permit process. 5842 (1) Exemptions shall be construed narrowly. Only those developments that meet the precise terms of 5843 one or more of the listed exemptions may be granted exemptions from the substantial development 5844 permit process. 5845 (2) An exemption from the substantial development permit process is not an exemption from 5846 compliance with the Act or this program, or from any other regulatory requirements. To be authorized, 5847 all uses and developments must be consistent with the policies and provisions of this program and the 5848 Act. 5849 (3) A use or development or use that is listed as a conditional use pursuant to this program or is an 5850 unlisted use or development, must obtain a conditional use permit even if the development or use does 5851 not require a substantial development permit. 5852 (4) When a development or use is proposed that does not comply with the bulk, dimensional and/or 5853 performance standards of this program, such development or use shall only be authorized by approval 5854 of a shoreline variance even if the development or use does not require a substantial development 5855 permit. 5856 (5) The burden of proof that a development or use is exempt is on the applicant/proponent of the 5857 exempt development action. 5858 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 173/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (6) If any part of a proposed development is not eligible for exemption, then a substantial development 5859 permit is required for the entire proposed development project. 5860 (7) All permits or statements of exemption issued for development or use within shoreline jurisdiction 5861 shall include written findings prepared by the administrator, including compliance with bulk and 5862 dimensional standards and policies and regulations of this program. The administrator may attach 5863 conditions to the approval of exempt developments and/or uses as necessary to assure consistency of 5864 the project with the Act and this program. [Ord. 7-13 Exh. A (Art. IX § 2)] 5865 18.25.560 Exemptions listed. 5866 The following activities shall be considered exempt from the requirement to obtain a shoreline 5867 substantial development permit in accordance with RCW 90.58.030 and WAC 173-27-040: 5868 (1) Fair Market Value. Any development of which the total cost or fair market value, whichever is higher, 5869 does not exceed $8,504 or as adjusted by WAC 173-27-040, if such development does not materially 5870 interfere with the normal public use of the water or shorelines of the state. For the purpose of 5871 determining whether or not a permit is required, the total cost or fair market value shall be based on 5872 the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). 5873 The total cost or fair market value of the development shall include the fair market value of any 5874 donated, contributed or found labor, equipment or materials. 5875 (2) Maintenance and Repair. Normal maintenance or repair of existing structures or developments, 5876 including damage by accident, fire or elements. Normal maintenance includes those usual acts to 5877 prevent a decline, lapse or cessation from a lawfully established condition. Normal repair means to 5878 restore a development to a state comparable to its original condition within a reasonable period after 5879 decay or partial destruction except where repair causes substantial adverse effects to the shoreline 5880 resource or environment. Replacement of a structure or development may be authorized as repair 5881 where such replacement is the common method of repair for the type of structure or development and 5882 the replacement structure or development is comparable to the original structure or development 5883 including but not limited to its size, shape, configuration, location and external appearance and the 5884 replacement does not cause substantial adverse effects to shoreline resources or the environment. 5885 (3) Residential Bulkhead. Construction of the normal protective bulkhead common to single-family 5886 residences. A normal protective bulkhead includes those structural and nonstructural developments 5887 installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an 5888 existing single-family residence and appurtenant structures from loss or damage by erosion. A normal 5889 protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or 5890 near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot 5891 of wall may be used for backfill. When an existing bulkhead is being repaired by construction of a 5892 vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing 5893 bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such 5894 that an ordinary high water mark has been established by the presence and action of water landward of 5895 the bulkhead, then the replacement bulkhead must be located at or near the actual ordinary high water 5896 mark. Beach nourishment and bioengineering erosion control projects may be considered a normal 5897 protective bulkhead when any structural elements are consistent with the above requirements and 5898 when the project has been approved by the Washington Department of Fish and Wildlife. 5899 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 174/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (4) Emergency Construction. Emergency construction necessary to protect property from damage by the 5900 elements. An emergency is an unanticipated and imminent threat to public health, safety or the 5901 environment that requires immediate action within a time too short to allow full compliance with this 5902 program. Emergency construction does not include development of new permanent protective 5903 structures where none previously existed. Where new protective structures are deemed by the 5904 administrator to be the appropriate means to address the emergency situation, upon abatement of the 5905 emergency situation the new structure shall be removed or any permit that would have been required, 5906 absent an emergency, pursuant to Chapter 90.58 RCW, Chapter 173-27 WAC or this program, shall be 5907 obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and 5908 this program. As a general matter, flooding or other seasonal events that can be anticipated and may 5909 occur but that are not imminent are not an emergency. 5910 (5) Agriculture. Construction and practices normal or necessary for farming, irrigation, and ranching 5911 activities, including agricultural service roads and utilities, construction of a barn or similar agricultural 5912 structure, and the construction and maintenance of irrigation structures including, but not limited to, 5913 head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other 5914 activities of a commercial nature, or alteration of the contour of the shorelands by leveling or filling 5915 other than that which results from normal cultivation, shall not be considered normal or necessary 5916 farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used 5917 for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing 5918 crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering 5919 operations. 5920 (6) Drainage. Operation and maintenance of any system of dikes, ditches, drains, or other facilities 5921 existing on June 4, 1975, that were created, developed or utilized, primarily as a part of an agricultural 5922 drainage or diking system. 5923 (7) Navigation Aids. Construction or modification, by or under the authority of the Coast Guard or a 5924 designated port management authority, of navigational aids such as channel markers and anchor buoys. 5925 (8) Single-Family Residences. Construction on shorelands by an owner, lessee, or contract purchaser of a 5926 single-family residence for their own use or for the use of their family, which residence does not exceed 5927 a height of 35 feet above average grade level and that meets all requirements of the state agency or 5928 local government having jurisdiction thereof. Single-family residence means a detached dwelling 5929 designed for and occupied by one family including those structures and developments within a 5930 contiguous ownership which are a normal appurtenance as defined in Article II of this chapter. 5931 (9) Residential Docks. Construction of an individual/single-user or shared dock for private 5932 noncommercial pleasure craft, for use by the owner, lessee, or contract purchaser of a single-family or 5933 multifamily residence. The private dock exemption applies to dock construction cost as specified in RCW 5934 90.58.030(3)(e) and WAC 173-27-040(2)(h). 5935 (10) Irrigation. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or 5936 other facilities that now exist or are hereafter created or developed as a part of an irrigation system for 5937 the primary purpose of making use of system waters including return flow and artificially stored ground 5938 water for the irrigation of lands; provided, that this exemption shall not apply to construction of new 5939 irrigation facilities proposed after December 17, 2003. 5940 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 175/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (11) State Property. The marking of property lines or corners on state owned lands, when such marking 5941 does not significantly interfere with normal public use of the surface of the water. 5942 (12) Energy Facilities. Any project with a certification from the governor pursuant €Chapter 80.50 RCW. 5943 (13) Site Exploration. Site exploration and investigation activities that are prerequisite to preparation of 5944 a development application for authorization under this program, if: 5945 (a) The activity does not interfere with the normal public use of surface waters; 5946 (b) The activity will have no significant adverse impact on the environment including but not limited 5947 to fish, wildlife, fish or wildlife habitat, water quality and aesthetic values; 5948 (c) The activity does not involve the installation of any structure and, upon completion of the 5949 activity, the vegetation and land configuration of the site are restored to conditions existing before 5950 the activity; 5951 (d) A private entity seeking development authorization under this section first posts a performance 5952 bond or provides other evidence of financial responsibility to the administrator to ensure that the 5953 site is restored to preexisting conditions; and 5954 (e) The activity is not subject to the permit requirements of RCW 90.58.550. 5955 (14) Noxious Weeds. The process of removing or controlling aquatic noxious weeds, as defined in RCW 5956 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that 5957 are recommended by a final environmental impact statement published by the Department of 5958 Agriculture or the Department of Ecology jointly with other state agencies under Chapter 43.21C RCW. 5959 (15) Watershed Restoration. Watershed restoration projects as defined herein and by RCW 89.08.460. 5960 The administrator shall review the projects for consistency with this program in an expeditious manner 5961 and shall issue its decision along with any conditions within 45 days of receiving a complete application 5962 form from the applicant/proponent. No fee may be charged for accepting and processing applications 5963 for watershed restoration projects as defined in this section. For the purposes of this exemption, the 5964 following definitions apply: 5965 (a) “Watershed restoration project” means a public or private project authorized by the sponsor of 5966 a watershed restoration plan that implements the plan or part of the plan and consists of one or 5967 more of the following activities: 5968 (i) A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards 5969 of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing 5970 vegetation is removed except as minimally necessary to facilitate additional plantings; 5971 (ii) A project for the restoration of an eroded or unstable stream bank that employs the 5972 principles of bioengineering, including limited use of rock as a stabilization only at the toe of 5973 the bank, and with primary emphasis on using native vegetation to control erosive forces of 5974 flowing water; or 5975 (iii) A project primarily designed to improve fish and wildlife habitat, remove or reduce 5976 impediments to migration of fish, or enhance the fishery resource available for use by all of the 5977 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 176/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations citizens of the state; provided, that any structures, other than a bridge or culvert or in-stream 5978 habitat enhancement structure associated with the project, is less than 200 square feet in floor 5979 area and is located above the ordinary high water mark. 5980 (b) “Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish 5981 and Wildlife, the Department of Ecology, the Department of Transportation, a federally recognized 5982 Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district 5983 that provides a general program and implementation measures or actions for the preservation, 5984 restoration, recreation, or enhancement of the natural resource character and ecology of a stream, 5985 stream segment, drainage area or watershed for which agency and public review has been 5986 conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act. 5987 (16) Habitat Enhancement and Fish Passage. A public or private project, the primary purpose of which is 5988 to improve fish or wildlife habitat or fish passage pursuant to RCW 90.58.147. 5989 5990 (17) ADA Retrofit. The external or internal retrofitting of an existing structure with the exclusive purpose 5991 of compliance with the Americans with disabilities act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to 5992 otherwise provide physical access to the structure by individuals with disabilities. [Ord. 7-13 Exh. A (Art. 5993 IX § 3)] 5994 18.25.570 Statements of exemption. 5995 (1) The administrator is hereby authorized to grant or deny requests for statements of exemption from 5996 the shoreline substantial development permit requirement for uses and developments within shorelines 5997 that are specifically listed above. Such statements shall be applied for on forms provided by the 5998 administrator. The statement shall be in writing and shall indicate the specific exemption of this 5999 program that is being applied to the development, and shall provide a summary of the administrator’s 6000 analysis of the consistency of the project with this program and the Act. As appropriate, such statements 6001 of exemptions shall contain conditions and/or mitigating measures of approval to achieve consistency 6002 and compliance with the provisions of this program and Act. A denial of an exemption shall be in writing 6003 and shall identify the reason(s) for the denial. The administrator’s actions on the issuance of a statement 6004 of exemption or a denial are subject to appeal pursuant to the appeal provisions in Article X of this 6005 chapter. 6006 (2) Exempt activities related to any of the following shall not be conducted until a statement of 6007 exemption has been obtained from the administrator: dredging, flood control works and in-stream 6008 structures, archaeological or historic site alteration, clearing and ground disturbing activities such as 6009 landfill or excavation, dock construction, shore stabilization, freestanding signs, or any development 6010 within a priority aquatic, aquatic or natural shoreline designation; provided, that no separate written 6011 statement of exemption is required for the construction of a single-family residence when a county 6012 building permit application has been reviewed and approved by the administrator; provided further, 6013 that no statement of exemption is required for emergency development pursuant to WAC 173-14-6014 040(1)(d). 6015 (3) No statement of exemption shall be required for other exempt uses or developments unless the 6016 administrator has cause to believe a substantial question exists as to qualifications of the specific use or 6017 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 177/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations development for the exemption, or the administrator determines there is a likelihood of adverse 6018 impacts to shoreline ecological functions. 6019 (4) Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under 6020 the Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water Pollution Control 6021 Act of 1972, a copy of the written statement of exemption shall be sent to the applicant/proponent and 6022 Ecology pursuant to WAC 173-27-050. [Ord. 7-13 Exh. A (Art. IX § 4)] 6023 18.25.580 Variance permit criteria. 6024 (1) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in 6025 this program where there are extraordinary or unique circumstances relating to the property such that 6026 the strict implementation of this program would impose unnecessary hardships on the 6027 applicant/proponent or thwart the policies set forth in RCW 90.58.020. Use restrictions may not be 6028 varied. In authorizing a variance, special conditions may be attached to the permit by the county or the 6029 Department of Ecology to control any undesirable effects of the proposed use. Final authority for 6030 variance permit decisions shall be granted by the Department of Ecology. 6031 (2) Variances will be granted in any circumstance where denial would result in a thwarting of the policy 6032 enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the 6033 public interest shall suffer no substantial detrimental effect. 6034 (3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the 6035 following: 6036 (a)€at the strict application of the bulk or dimensional criteria set forth in this program precludes or 6037 significantly interferes with a reasonable permitted use of the property; 6038 (b) That the hardship described above is specifically related to the property, and is the result of 6039 conditions such as irregular lot shape, size, or natural features and the application of this program, 6040 and not, for example, from deed restrictions or the applicant’s/proponent’s own actions; 6041 (c) That the design of the project will be compatible with other permitted activities in the area and 6042 will not cause adverse effects on adjacent properties or the shoreline environment; 6043 (d) That the variance authorized does not constitute a grant of special privilege not enjoyed by the 6044 other properties in the area, and will be the minimum necessary to afford relief; 6045 (e) That the public interest will suffer no substantial detrimental effect; 6046 (f) That the public rights of navigation and use of the shorelines will not be materially interfered 6047 with by the granting of the variance; and 6048 (g) Mitigation is provided to offset unavoidable adverse impacts caused by the proposed 6049 development or use. 6050 (4) In the granting of all variances, consideration shall be given to the cumulative environmental impact 6051 of additional requests for like actions in the area. For example, if variances were granted to other 6052 developments in the area where similar circumstances exist, the total of the variances should also 6053 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 178/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects 6054 to the shoreline ecological functions and processes or other users. 6055 (5) Other factors that may be considered in the review of variance requests include the conservation of 6056 valuable natural resources and the protection of views from nearby roads, surrounding properties and 6057 public areas. In addition, variance requests based on the applicant’s/proponent’s desire to enhance the 6058 view from the subject development may be granted where there are no likely detrimental effects to 6059 existing or future users, other features or shoreline ecological functions and/or processes, and where 6060 reasonable alternatives of equal or greater consistency with this program are not available. In platted 6061 residential areas, variances shall not be granted that allow a greater height or lesser shore setback than 6062 what is typical for the immediate block or area. 6063 (6) Permits and/or variances applied for or approved under other county codes shall not be construed as 6064 shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)] 6065 18.25.590 Conditional use permit criteria. 6066 (1) The purpose of a conditional use permit is to allow greater flexibility in administering the use 6067 regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a 6068 conditional use, special conditions may be attached to the permit by the county or the Department of 6069 Ecology to control any undesirable effects of the proposed use. Final authority for conditional use 6070 permit decisions rests with the Department of Ecology. 6071 (2) Uses specifically classified or set forth in this program as conditional uses (including standard ‘C’, 6072 administrative ‘C(a)’, and discretionary ‘C(d)') and unlisted uses may be authorized, provided the 6073 applicant/proponent can demonstrate all of the following: 6074 (a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this program. 6075 (b) That the proposed use will not interfere with normal public use of public shorelines. 6076 (c) That the proposed use of the site and design of the project will be compatible with other 6077 permitted uses within the area. 6078 (d) That the proposed use will not cause adverse effects to the shoreline environment in which it is 6079 to be located. 6080 (e) That the public interest suffers no substantial detrimental effect. 6081 (3) In the granting of all conditional use permits, consideration shall be given to the cumulative 6082 environmental impact of additional requests for like actions in the area. For example, if conditional use 6083 permits were granted for other developments in the area where similar circumstances exist, the sum of 6084 the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 6085 and should not produce a significant adverse effect to the shoreline ecological functions and processes 6086 or other users. 6087 (4) Permits and/or variances applied for or approved under county zoning or subdivision code 6088 requirements shall not be construed as shoreline variances under this program. [Ord. 7-13 Exh. A (Art. IX 6089 § 6)] 6090 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 179/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.600 Unclassified uses. 6091 Other uses not specifically classified or set forth in this program may be authorized as discretionary 6092 conditional uses C(d), provided the applicant/proponent can demonstrate that the proposal will satisfy 6093 the criteria set forth above, and that the use clearly requires a specific site location on the shoreline not 6094 provided for under this program, and extraordinary circumstances preclude reasonable use of the 6095 property in a manner consistent with the use regulations of this program. [Ord. 7-13 Exh. A (Art. IX § 7)] 6096 Article X. Administration and Enforcement 6097 18.25.610 Administrative authority and responsibility. 6098 (1) Administrator. The director of the Jefferson County department of community development or 6099 his/her designee (the administrator) is vested with authority to: 6100 (a) Administer this master program; 6101 (b) Recommend to the hearing examiner approval, approval with conditions, or denial of any permit 6102 applications or revisions in accordance with the policies and regulations of this master program and 6103 the provisions of the Jefferson County Unified Development Code; 6104 (c) Grant written permit exemptions from shoreline substantial development permit requirements 6105 of this master program; 6106 (d) Determine compliance with the State Environmental Policy Act (Chapter 43.21C RCW; Chapter 6107 197-11 WAC); 6108 (e) Specify the required application forms and submittal requirements including the type, details 6109 and number of copies; 6110 (f) Advise interested citizens and project proponents of the goals, policies, regulations and 6111 procedures of this master program; 6112 (g) Make administrative decisions consistent with the provisions of this program; and issue 6113 administrative (code) interpretations of the policies and regulations of this master program as 6114 allowed under WAC 173-26-140. Prior to issuance of any formal written interpretation, 6115 administrator will consult Ecology and ensure consistency with the Shoreline Management Act and 6116 applicable guidelines; 6117 (h) Collect applicable fees; 6118 (i) Determine that application submittals are substantially complete; 6119 (j) Make field inspections as necessary; 6120 (k) Submit substantial development permit, variance permit and conditional use permit applications 6121 and make written recommendations and findings on such permits to the hearing examiner for 6122 his/her consideration and final action; 6123 (l) Assure that proper notice is given to appropriate persons and the public for all hearings; 6124 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 180/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (m) Provide technical and administrative assistance to the hearing examiner as required for 6125 effective and equitable implementation of this master program and the Act; 6126 (n) Provide a summary report of the shoreline permits issued in the past calendar year to the 6127 hearing examiner and the Jefferson County board of county commissioners; 6128 (o) Investigate, develop and propose amendments to this master program as deemed necessary to 6129 more effectively and equitably achieve its goals and policies; 6130 (p) Seek remedies for alleged violations of this master program, the provisions of the Act, or of 6131 conditions of any approved shoreline permit issued by the county; 6132 (q) Coordinate information with affected agencies; and 6133 (r) Forward any decision on any permit application to the Washington State Department of Ecology 6134 for filing or action. 6135 (2) Hearing Examiner. The hearing examiner is vested with the authority and responsibility to: 6136 (a) Approve, condition, or deny shoreline substantial development permits, variance permits and 6137 conditional use permits after considering the findings and recommendations of the administrator; 6138 (b) Decide local administrative appeals of the administrator’s actions and interpretations, as 6139 provided in this program and the county Unified Development Code; 6140 (c) Consider shoreline substantial development permit, variance permit and conditional use permit 6141 applications and administrative appeals of the administrator’s actions on regular meeting days or 6142 public hearings; 6143 (d) Review the findings and recommendations for permit applications or appeals of the 6144 administrator’s actions and interpretations; 6145 (e) Approve, approve with conditions, or deny substantial development permits, variance permits 6146 and conditional use permits; 6147 (f) Conduct public hearings on appeals of the administrator’s actions, interpretations and decisions; 6148 (g) Base all decisions on shoreline permits or administrative appeals on the criteria established in 6149 this master program; and 6150 (h) At his or her sole discretion, require any project proponent granted a shoreline permit to post a 6151 bond or other acceptable security with the county, conditioned to assure that the project 6152 proponent and/or his or her successors adhere to the approved plans and all conditions attached to 6153 the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent of the 6154 estimated development cost including attached conditions. 6155 (3) Board of Commissioners. 6156 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 181/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) The Jefferson County board of county commissioners (the BOCC) is vested with the authority to 6157 approve any revisions or amendments to this master program in accordance with the applicable 6158 requirements of the Act and the Washington Administrative Code. 6159 (b) The BOCC shall review and act upon any recommendations of the shoreline administrator for 6160 amendments to, or revisions of, this master program. The BOCC shall enter findings and conclusions 6161 setting forth the factors it considered in reaching its decision. To become effective any amendment 6162 to this master program must be reviewed and adopted by the Department of Ecology pursuant to 6163 RCW 90.58.190 and Chapter 173-26 WAC. [Ord. 7-13 Exh. A (Art. X § 1)] 6164 18.25.620 Permit application review. 6165 (1) Type I – Exemptions, Applicability and Submittals. Determinations of the administrator regarding the 6166 geographic applicability of this master program, permit exemptions and application submittal 6167 requirements shall be processed as Type I decisions pursuant to Chapter 18.40 JCC. 6168 (2) Type II – SDP and C(a). Applications for substantial development permits and uses/development 6169 listed as an administrative conditional use permit (i.e., “C(a)”) in Table 18.25.220 shall be processed 6170 according to the procedures for Type II land use decisions established in Article IV of Chapter 18.40 JCC. 6171 (3) Type II or III -C(d). Applications for uses/developments listed as discretionary conditional use permits 6172 (i.e., “C(d)”) in Table 18.25.220 shall, at a minimum, be processed according to the procedures for Type 6173 II land use decisions established in Article IV of Chapter 18.40 JCC. However, in accordance with Chapter 6174 18.40 JCC, the administrator may on a case-by-case basis refer a discretionary conditional use permit 6175 application to the hearing examiner to be processed according to the procedures for Type III land use 6176 decisions established in Article IV of Chapter 18.40 JCC. 6177 (4) Type III – C and VAR/ Variance permits and standard conditional use permits (i.e., “C”) shall be 6178 processed as Type III decisions pursuant to the Chapter 18.40 JCC. 6179 (5) Type V – SMP Amendments. All amendments to this master program shall be processed as Type V 6180 decisions pursuant to Chapter 18.40 JCC. 6181 (6) Whenever the administrator issues a determination or recommendation and/or conditions of 6182 approval on a proposal which will result in the denial or substantial alteration of a proposed action, such 6183 determinations will be provided in writing stating the relationship(s) between the ecological factors, the 6184 proposed action and the condition(s). [Ord. 7-13 Exh. A (Art. X § 2)] 6185 (7) When a proposed use or development requires other approvals or permits outside this program do 6186 not require an open record hearing, such approvals or permits shall not be granted until a shoreline 6187 approval or permit is granted. All shoreline approvals and permits shall include written findings 6188 prepared by the administrator documenting compliance with bulk and dimensional standards and other 6189 policies and regulations of this program. 6190 (8) Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a 6191 substantial development permit, conditional use permit, variance, statement of exemption, or other 6192 review to implement the Shoreline Management Act do not apply to the following: 6193 (i) Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a 6194 facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D 6195 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 182/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations RCW, or to the department of ecology when it conducts a remedial action under chapter 6196 70.105D RCW. 6197 (ii) Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, 6198 any person installing site improvements for storm water treatment in an existing boatyard 6199 facility to meet requirements of a NPDES stormwater general permit. 6200 (iii) WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, 6201 Washington State Department of Transportation projects and activities meeting the conditions 6202 of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use 6203 permit, variance, statement of exemption, or other local review. 6204 (iv) Projects consistent with an environmental excellence program agreement pursuant to RCW 6205 90.58.045. 6206 (v) Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to 6207 chapter 80.50 RCW. 6208 18.25.630 Minimum permit application requirements. 6209 The administrator may vary or waive the requirements of this section on a case-by-case basis according 6210 to administrative application requirements. 6211 A complete application for a substantial development, conditional use, or variance permit shall contain, 6212 as a minimum, all of the information required in any applicable section of this program, all of the 6213 information required in JCC 18.40.100, and any other information the administrator deems pertinent, 6214 including at a minimum: 6215 (1) The name, address and phone number of the applicant/proponent, applicant’s representative, 6216 and/or property owner if different from the applicant/proponent. 6217 (2) The property address and identification of the section, township and range to the nearest quarter, 6218 quarter section or longitude and latitude to the nearest minute. 6219 (3) The name of the shoreline (water body) that the site of the proposal is associated with. 6220 (4) A general description of the property as it exists at the time of application including its use, physical 6221 and ecological characteristics, improvements and structures. 6222 (5) A general description of the project vicinity including adjacent uses, structures and improvements, 6223 development intensity, and physical characteristics. 6224 (6) A vicinity map showing the relationship of the property and proposed development or use to roads, 6225 utilities, existing developments and uses on adjacent properties. 6226 (7) A site plan and/or engineered drawings identifying existing conditions consisting of photographs, 6227 text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all required 6228 information. 6229 (8) Location of the ordinary high water mark of all water bodies within or adjacent to the project 6230 boundary. For any development that requires a precise location of the ordinary high water mark, the 6231 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 183/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations applicant/proponent shall provide a survey and describe the biological and hydrological basis for the 6232 location as indicated on the plans. Where the ordinary high water mark is neither adjacent to or within 6233 the boundary of the project, the plan shall indicate the distance and direction to the ordinary high water 6234 mark of the adjacent shoreline. 6235 (9) Existing land contours at intervals sufficient to accurately determine the existing character of the 6236 property. Areas within the project boundary that will not be altered by the development may be 6237 indicated as such and contours approximated for that area. 6238 (10) Critical areas as designated in Chapter 18.22 JCC, as incorporated into this program. 6239 (11) A general description of the character of vegetation found on the site. 6240 (12) A description of the existing ecological functions and processes affecting, maintaining, or 6241 influencing the shoreline at/near the project site. 6242 (13) The dimensions and locations of all existing structures and improvements. 6243 (14) The dimensions and locations of all proposed structures and improvements including but not 6244 limited to buildings, paved or graveled areas, roads, utilities, septic tanks and drain fields, material 6245 stockpiles or surcharge, and stormwater management facilities. 6246 (15) Proposed land contours overlain on existing contours. The contours shall be at intervals sufficient to 6247 accurately determine the extent of proposed change to the land that is necessary for the development. 6248 Areas within the project boundary that will not be altered by the development may be indicated as such 6249 and contours approximated for that area. 6250 (16) A summary characterization of the effects of the project on existing ecological functions and 6251 processes in the vicinity of the project. If the project is likely to have adverse effects on shoreline 6252 ecological functions or processes, a mitigation plan shall be provided demonstrating measures that will 6253 be taken to offset impacts. 6254 (17) On all variance applications the plans shall clearly indicate where development could occur without 6255 approval of a variance, the physical features and circumstances on the property that provide a basis for 6256 the request, and the location of adjacent structures and use. 6257 18.25.640 Preapplication conferences. 6258 (1) Preapplication conferences are required in accordance with JCC 18.40.090(2) for projects including, 6259 but not limited to: 6260 (a) All Type II and Type III project applications. 6261 (b) Type I project applications proposing impervious surfaces of 10,000 square feet or more and/or 6262 non-single-family structures of 5,000 square feet or more. 6263 (c) All projects involving in-water work or work below the ordinary high water mark. 6264 (2) Preapplication conferences for all types of applications not listed in subsection (1) of this section or 6265 specified by JCC 18.40.090(2) are strongly encouraged, and requests for conferences will be considered 6266 by the administrator on a time-available basis. [Ord. 7-13 Exh. A (Art. X § 4)] 6267 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 184/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.650 Notice of application and permit application review. 6268 (1) Public notice requirements shall occur in accordance with Chapter 18.40 JCC, Article III and the 6269 following: 6270 (a) Type I permits (statements of exemption) shall not require notice of application or open record 6271 hearing consistent with JCC 18.40.040. However, if a Type I permit is not categorically exempt under 6272 SEPA, then a notice may be required. 6273 (b) The administrator shall issue a notice of application on all Type II project permit applications 6274 (SDP, C(a), and C(d)) in accordance with Chapter 18.40 JCC, Article III. 6275 (c) The administrator shall issue a notice of application on all Type III project permit applications (C, 6276 C(d), and Variances) in accordance with Chapter 18.40 JCC, Article III. 6277 (2) Permit application review shall occur in accordance with Chapter 18.40 JCC, Article IV, except as 6278 provided in Subsection (3). [Ord. 7-13 Exh. A (Art. X § 5)] 6279 (3) Special procedures for WSDOT projects. 6280 (a) Permit review time for projects on a state highway. Pursuant to RCW 47.01.485, the 6281 Legislature established a target of 90 days review time for local governments. 6282 (b) Optional process allowing construction to commence twenty-one days after 6283 date of filing. Pursuant to RCW 90.58.140, Washington State Department of Transportation 6284 projects that address significant public safety risks may begin twenty-one days after the date of 6285 filing if all components of the project will achieve no net loss of shoreline ecological functions. 6286 18.25.660 Nonconforming development. 6287 The following shall apply to nonconforming uses and developments, as defined in Article II of this 6288 chapter: 6289 (1) Conforming SFR and Nonconforming Uses/Structures. Legally established residential structures and 6290 appurtenant structures that are a conforming use, but do not meet the standards for setbacks, buffers, 6291 or yards; area; bulk; height; or density, are considered a conforming structure; normal maintenance and 6292 repair is allowed per Section .560 of this program. This conforming status applies until any change is 6293 proposed to such a conforming residential structure by redevelopment, expansion, change of the class 6294 of occupancy, or replacement, which may only be authorized when consistent with all applicable 6295 provisions of this SMP, including this section. 6296 Other legally established uses, buildings, structures and/or lots of record that do not meet the specific 6297 standards of this program are considered legal nonconforming and may continue as long as they remain 6298 otherwise lawful, and meet the following criteria: 6299 (a) Existing, Permitted, or Vested. The use, building, structure, or lot was existing on the effective 6300 date of initial adoption of this program (December 20, 1974), or any subsequent amendment 6301 thereto, or was authorized under a permit or approval issued, or is otherwise vested to this 6302 program; or 6303 (b) Variance. A structure for which a variance has been issued; or 6304 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 185/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (c) Conditional. The existing use is designated as a conditional use under this program and existed 6305 prior to the adoption of this program or the adoption of an applicable amendment hereto and 6306 which has not obtained a conditional use permit; or 6307 (d) Abandoned. As per JCC 18.20.260, the use or structure is not discontinued or abandoned for a 6308 period more than two years. A property owner may be allowed three years if they demonstrate a 6309 bona fide intention to sell or lease the property. For purposes of calculating this time period, a use 6310 is discontinued or abandoned upon the occurrence of the first of any of the following events: 6311 (i) On the date when the land was physically vacated; 6312 (ii) On the date the use ceases to be actively involved in the sale of merchandise or the 6313 provision of services; or 6314 (iii) On the date of termination of any lease or contract under which the nonconforming use has 6315 occupied the land. 6316 (2) Normal maintenance and repair of a nonconforming structure may be allowed in accordance with 6317 JCC 18.25.560, and other provisions of this program. 6318 (3) Any repair, replacement, relocation or expansion/enlargement of a bulkhead shall conform to the 6319 provisions in Article VII of this chapter. 6320 (4) If a nonconforming use or structure is discontinued or abandoned per this section the 6321 nonconforming rights shall expire and any subsequent use shall be conforming. 6322 (5) New single-family residential development on lots whose dimensions do not allow a residence to be 6323 constructed outside the standard shoreline buffer may be allowed without a variance in accordance 6324 with the provision in JCC 18.25.270 (nonconforming lots). 6325 (6) Rebuilding After Damage. If a nonconforming development sustains major structural damage due to 6326 fire, flood or other natural disaster, it may be reconstructed upon its original site and to the 6327 configuration existing immediately prior to the damage, provided: 6328 (a) The rebuilt structure will not cause adverse effects to adjacent properties or to the shoreline 6329 environment; and 6330 (b) The site is geologically stable; and 6331 (c) No horizontal or vertical expansion or enlargement of the footprint or height, or any degree of 6332 relocation, will occur; and 6333 (d) No degree of relocation will occur, except to increase conformity, in which case the structure 6334 shall be located as far landward as possible or in the least environmentally damaging location 6335 relative to the shoreline or any critical area; and 6336 (e) The submittal of applications for permits necessary to restore the development is begun within 6337 six months of the damage. The administrator may waive this requirement in situations with 6338 extenuating circumstances such as resolution of an estate, or widespread economic or natural 6339 disaster; and 6340 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 186/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (f) The reconstruction is commenced within two years of the issuance of permits. Administrator 6341 may allow a one year extension. 6342 (7) In-Water/Overwater. When a use or development is not prohibited, replacement of nonconforming 6343 structures or buildings or portions thereof within the aquatic or priority aquatic shoreline area is allowed 6344 and shall comply with program requirements for materials that come in contact with the water pursuant 6345 to Article VI of this chapter. In-water and overwater use/development not allowed by this program shall 6346 not be replaced in-/overwater. 6347 (8) Minor Expansion/Enlargement without Conditional Use Permit or Shoreline Variance – Single-family 6348 Residential. The administrator may allow a one-time expansion of a nonconforming single-family 6349 residence by the addition of space to the main structure (footprint or height) or the addition of normal 6350 appurtenances. The expansion/addition of nonconforming accessory structures is not allowed. Minor 6351 SFR expansion may be allowed as: a Type II Substantial Development Permit (SDP); an SDP Exemption 6352 per Section .560 of this program; or as a conditional use per Section .500(3) of this program; provided, 6353 and subject to, the following: 6354 General Standards 6355 The following general provisions apply to all waterward and nonwaterward single-family residential 6356 minor expansions: 6357 (a) Location. The structure is located landward of the ordinary high water mark; and 6358 (b) Critical Areas. The expansion area does not threaten or adversely affect critical areas; and 6359 (c) Views. The expansion does not significantly impair views of the shoreline for a substantial 6360 number of adjacent residences. 6361 Waterward Standards 6362 (d) Expansion that further encroaches into the standard shoreline buffer closer to OHWM shall not 6363 be allowed, except ‘footprint infill’ of the main structure only, limited as follows: 6364 (i) A ’fill the notch’ expansion may be allowed if contained within the outer boundary of the 6365 existing structure’s foundation; or 6366 (ii) An ‘enclose the patio/porch’ expansion may be allowed if contained within the footprint of 6367 a legal pre-existing impervious surface area that is attached to the main structure; 6368 (iii) Such a ‘footprint’ infill expansion shall be limited as follows: 6369 A. Environment Designation. The property is designated as Shoreline Residential (SR) or 6370 High Intensity (HI) 6371 B. Expansion does not exceed 200 square feet or the main structure’s existing height; 6372 C. Does not extend closer to the OHWM than the existing front wall; 6373 D. The proposal protects riparian, wetland, and other critical area functions; 6374 demonstrates no net loss of shoreline ecological function; and demonstrates the 6375 least impact through mitigation sequencing per JCC 18.25.270 (1) and (2); and 6376 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 187/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations E. Buffer Enhancement. Applicant submits and implements a native planting plan 6377 consistent with subsection (11) for an area equivalent to the expansion footprint. 6378 Nonwaterward Standards 6379 (e) Expansion to the total footprint or volume of the existing structure that further encroaches into 6380 the standard shoreline buffer but does not get closer to OHWM, including lateral (parallel to 6381 OHWM), landward (away from OHWM), and/or vertical (increased height not to exceed 35’), shall 6382 only be allowed up to 25% as follows: 6383 (i) Environment Designation. Nonwaterward expansion may be allowed in any shoreline 6384 designation; location in the Natural designation shall require a conditional use permit (C(a)) per 6385 Section .500(3) of this program; 6386 (ii) Buffer Enhancement. An equivalent area of shoreline buffer is enhanced through planting of 6387 native vegetation. The administrator shall require a planting plan per subsection (11) of this 6388 section to ensure this standard is implemented. 6389 (iii) The proposal protects riparian, wetland, and other critical area functions, demonstrates no 6390 net loss of shoreline ecological function, and demonstrates the least impact through mitigation 6391 sequencing per JCC 18.25.270 (1) and (2). 6392 (9) Moderate Expansion – Single-family Residential with a Conditional Use Permit (C(d)) – 6393 Nonwaterward. 6394 (a) The administrator may allow a one-time nonwaterward expansion of a nonconforming single-6395 family residence located landward of OHWM and shall require a conditional use discretionary 6396 permit for any of the following: 6397 (i) Expansion of nonconforming single-family residences by the addition of space to the 6398 exterior of the main structure (footprint or vertical) or normal appurtenances where the total 6399 footprint or volume will increase by more than 25 percent, except waterward. 6400 (ii) Enlargement or expansion of single-family residences where the addition of space to the 6401 exterior of the main structure is likely to adversely affect critical areas, or is likely to obstruct 6402 the view of an adjacent development and is beyond the footprint or volume allowed in 6403 Subsection (8). 6404 (iii) When allowed, an equivalent area of shoreline buffer area shall be enhanced through 6405 planting of native vegetation, plus additional mitigation to be required as appropriate. The 6406 administrator shall require a planting plan as outlined in subsection (11) of this section to 6407 ensure this standard is implemented. 6408 (10) Other Expansion/Enlargement prohibited, except with a Shoreline Variance. 6409 (a) Waterward or Vertical: Single-Family Residential. Waterward expansion of single-family 6410 residences that: further encroaches into the standard shoreline buffer closer to OHWM beyond the 6411 limits of Section (8), further encroaches into a critical area, further encroaches into the minimum 6412 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 188/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations required side yard setback; or that increases the structure height above the limits established by 6413 this program shall not be allowed, except by a shoreline variance. 6414 (b) Non-Single-Family Residential. Nonconforming structures, other than nonconforming single-6415 family residences, shall not be expanded except by a shoreline variance or shall be brought into 6416 conformance with this program and the Act. Any nonconforming development that is moved any 6417 distance must be moved to comply with the bulk and dimensional requirements of this program. 6418 (c) Where an expansion is proposed per subsections (a) and (b), the proponent shall provide an 6419 equivalent area of shoreline buffer enhancement through planting of native vegetation consistent 6420 with an enhancement plan prepared per section (11) except that the enhancement plan shall be 6421 prepared by a qualified professional. 6422 (d) When an expansion involves a variance to height for the nonconforming structure, see 6423 requirements at JCC 18.25.300. 6424 (11) Buffer Enhancement Planting Standards 6425 (a) Expansions or additions allowed under subsections (8), (9), or (10) of this section require that an 6426 equivalent area of shoreline buffer be enhanced through planting of native vegetation. Buffer 6427 enhancement planting shall be consistent with the mitigation requirements of JCC 6428 18.25.270(2)(f)(i)- (vi). The planting plan should include: 6429 (i) Removal of non-native or invasive vegetation. 6430 (ii) Installation of a mix of trees, shrubs and groundcovers with a species diversity and spacing 6431 typical of native Puget Sound or Pacific Coast forest. 6432 (iii) Trees shall be planted on 12-foot centers and shrubs planted on 6-foot centers. 6433 (iv) If the enhancement area already contains some native vegetation, the planting area shall be 6434 expanded to accommodate the equivalent number of trees and shrubs as would be installed on 6435 bare ground. 6436 (b) A planting plan, whether prepared with or without professional assistance, must include the 6437 following information and be determined adequate by the Administrator: 6438 (i) A description and photo of the existing conditions in the proposed enhancement area, to 6439 include identification of any invasive or non-native species to be removed and any native 6440 vegetation to be preserved. The boundaries of the proposed planting area should be marked 6441 and visible in the photograph. 6442 (ii) A site plan showing the location and dimensions of existing and proposed structures, the 6443 proposed planting area, and the shoreline buffer. 6444 (iii) A plant schedule listing the species and proposed numbers of trees, shrubs, and 6445 groundcovers. 6446 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 189/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (iv) If the area to be enhanced is already well vegetated, the applicant shall identify an 6447 equivalent enhancement area that is contiguous to the well-vegetated area and located inside 6448 and/or outside the buffer. 6449 (v) A 10-year monitoring program to ensure survivability. Monitoring reports shall be prepared 6450 by the property owner, applicant or qualified professional at the end of years 1 through 5, Year 6451 7, and Year 10, provided that the report fully addresses the performance standards and any 6452 other maintenance requirements prescribed by the enhancement plan, and provides as-built 6453 plans, plant counts, and comprehensive photo documentation. 6454 (vi) When a required submittal is determined inadequate by the Administrator, and deficiencies 6455 are not remedied in a timely manner, the county may require the property owner/applicant to 6456 hire a qualified professional to prepare the planting plan, prepare the monitoring program, 6457 conduct the on-site monitoring, and/or prepare the monitoring reports. 6458 (c) Buffer enhancement plantings shall be maintained in perpetuity and documented with a notice 6459 to title. 6460 6461 (12) Residential structures and appurtenant structures that were legally established and are used for a 6462 conforming use, but that do not meet standards for the following, are considered a conforming 6463 structure: Setbacks, buffers, or yards; area; bulk; height; or density. Any redevelopment, expansion, 6464 change of the class of occupancy, or replacement of such a conforming residential structure may be 6465 authorized only when consistent with all applicable provisions of this SMP. This section applies until a 6466 change is proposed to the structures, in which case remaining provisions of JCC 18.25.660 apply. 6467 [Ord. 7-13 Exh. A (Art. X § 6)] 6468 18.25.665 State Environmental Policy Act (SEPA) compliance. 6469 (1) Whenever an application for shoreline substantial development permit, shoreline variance, shoreline 6470 conditional use permit, or statement of exemption is subject to the rules and regulations of SEPA 6471 (Chapter 43.21C RCW), the review requirements of SEPA, including time limitations, shall apply, where 6472 applicable. 6473 (2) Applications for shoreline permit(s) or approval(s) that are not categorically exempt shall be subject 6474 to environmental review by the responsible official of Jefferson County pursuant to the State 6475 Environmental Policy Act (Chapter 197-11 WAC). 6476 (3) As part of SEPA review, the responsible official may require additional information regarding the 6477 proposed development in accordance with Chapter 197-11 WAC. 6478 (4) Failure of the applicant/proponent to submit sufficient information for a threshold determination to 6479 be made shall be grounds for the responsible official to determine the application incomplete. [Ord. 7-6480 13 Exh. A (Art. X § 7)] 6481 18.25.670 Burden of proof. 6482 Permit applicants/proponents have the burden of proving that the proposed development is consistent 6483 with the criteria set forth in the Act and this program. [Ord. 7-13 Exh. A (Art. X § 8)] 6484 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 190/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.680 Permit conditions. 6485 In granting, revising, or extending a shoreline permit, the administrator may attach such conditions, 6486 modifications, or restrictions thereto regarding the location, character, and other features of the 6487 proposed development deemed necessary to assure that the development will be consistent with the 6488 policy and provisions of the Act and this program as well as the supplemental authority provided in 6489 Chapter 43.21 RCW as applicable. In cases involving unusual circumstances or uncertain effects, a 6490 condition may be imposed to require monitoring with future review or reevaluation to assure 6491 conformance with the Act and this program. [Ord. 7-13 Exh. A (Art. X § 9)] 6492 18.25.690 Public hearings. 6493 (1) Public hearings shall occur in accordance with JCC 18.40.230 and 2.30.090. 6494 (2) Public hearing requirements for permit appeals shall be processed according to JCC 18.40.330; 6495 provided, that appeals of a determination regarding a statement of exemption shall occur in accordance 6496 with JCC 18.40.390. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance 6497 and must be paid by the appellant at the time of filing the appeal. [Ord. 7-13 Exh. A (Art. X § 10)] 6498 18.25.700 Expiration of permits and permit exemptions. 6499 The following time requirements shall apply to all permit exemptions, substantial development permits 6500 and to any development authorized pursuant to a variance permit or conditional use permit: 6501 (1) Construction shall be commenced or, where no construction is involved, the use or activity shall be 6502 commenced within two years of the effective date of the permit or permit exemption; provided, that 6503 the administrator may authorize a single extension based on reasonable factors, if a request for 6504 extension has been filed before the expiration date and notice of the proposed extension is given to 6505 parties of record and the Department of Ecology. 6506 (2) Authorization to conduct development activities shall terminate five years after the effective date of 6507 a permit or permit exemption; provided, that the shoreline administrator may authorize a single 6508 extension for a period not to exceed one year based on reasonable factors, if a request for extension has 6509 been filed before the expiration date and notice of the proposed extension is given to parties of record 6510 and the Department of Ecology. [Ord. 7-13 Exh. A (Art. X § 11)] 6511 18.25.710 Permits and permit exemptions – Effective date. 6512 (1) The effective date of a shoreline permit or permit exemption shall be the date of the last action 6513 required on the shoreline permit or permit exemption and all other government permits and approvals 6514 that authorize the development to proceed, including all administrative and legal actions on any such 6515 permit or approval. 6516 (2) It is the responsibility of the project proponent to inform the administrator of the permit applications 6517 filed with agencies other than Jefferson County and of any related administrative and legal actions on 6518 any permit or approval. If no notice of the permits or approvals is given to the administrator prior to the 6519 date established by the shoreline permit, permit exemption, or the provisions of this section, the 6520 expiration of a permit shall be based on the shoreline permit or permit exemption. [Ord. 7-13 Exh. A 6521 (Art. X § 12)] 6522 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 191/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.720 Satisfaction of conditions required prior to occupancy or use. 6523 When permit or permit exemption approval is based on conditions, such conditions shall be satisfied 6524 prior to occupancy or use of a structure or prior to commencement of a nonstructural activity; provided, 6525 that an alternative compliance limit may be specified in the permit or permit exemption. [Ord. 7-13 Exh. 6526 A (Art. X § 13)] 6527 18.25.730 Revisions following expiration of original permit or permit exemption. 6528 Revisions to permits and permit exemptions may be authorized after original permit or permit 6529 exemption authorization has expired; provided, that this procedure shall not be used to extend the 6530 original permit or permit exemption time requirements or to authorize substantial development after 6531 the time limits of the original permit or permit exemption. [Ord. 7-13 Exh. A (Art. X § 14)] 6532 18.25.740 Extensions – Notice to Ecology. 6533 The shoreline administrator shall notify the Department of Ecology in writing of any change to the 6534 effective date of a substantial development permit, variance permit or conditional use permit as 6535 authorized by this section, with an explanation of the basis for approval of the change. Any change to 6536 the time limits of a permit or permit exemption other than those authorized by this section shall require 6537 a new permit application. [Ord. 7-13 Exh. A (Art. X § 15)] 6538 18.25.750 Notice of decision, reconsideration and appeal. 6539 (1) A notice of decision for action on a shoreline substantial development permit, shoreline variance, or 6540 shoreline conditional use permit shall be provided to the applicant/proponent and any party of record in 6541 accordance with the procedures of Chapter 18.40 JCC and at least 10 days prior to filing such decisions 6542 with the Department of Ecology pursuant to WAC 173-27-130. Decisions filed with the Department of 6543 Ecology shall contain the following information: 6544 (a) A copy of the complete application; 6545 (b) Findings and conclusions that establish the basis for the decision including but not limited to 6546 identification of shoreline environment designation, applicable master program policies and 6547 regulations and the consistency of the project with appropriate review criteria for the type of 6548 permit(s); 6549 (c) The final decision of the local government; 6550 (d) Where applicable, local government shall also file the applicable documents required by SEPA, 6551 or in lieu thereof, a statement summarizing the actions and dates of such actions taken under 6552 Chapter 43.21C RCW; and 6553 (e) When the project has been modified in the course of the local review process, plans or text shall 6554 be provided that clearly indicate the final approved plan. 6555 (2) A notice of decision for shoreline statements of exemption shall be provided to the 6556 applicant/proponent and any party of record. Such notices shall also be filed with the Department of 6557 Ecology, pursuant to the requirements of WAC 173-27-050 when the project is subject to one or more of 6558 the following federal permitting requirements: 6559 (a) A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899. (The 6560 provisions of Section 10 of the Rivers and Harbors Act generally apply to any project occurring on or 6561 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 192/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations over navigable waters; specific applicability information should be obtained from the Corps of 6562 Engineers.); or 6563 (b) A Section 404 permit under the Federal Water Pollution Control Act of 1972 (the provisions of 6564 Section 404 of the Federal Water Pollution Control Act generally apply to any project which may 6565 involve discharge of dredge or fill material to any water or wetland area; specific applicability 6566 information should be obtained from the Corps of Engineers). 6567 (3) This program shall only establish standing for parties of record for shoreline substantial development 6568 permits, shoreline variances, or shoreline conditional use permits. Standing as a party of record is not 6569 established by this program for exempt actions; provided, that in such cases standing may be 6570 established through an associated permit process that provides for public notice and provisions for 6571 parties of record. 6572 (4) The applicant/proponent or any party of record may request reconsideration of any final action by 6573 the decision maker within 10 days of notice of the decision. Such requests shall be filed on forms 6574 supplied by the county. Grounds for reconsideration must be based upon the content of the written 6575 decision. The decision maker is not required to provide a written response or modify his/her original 6576 decision. He/she may initiate such action as he/she deems appropriate. The procedure of 6577 reconsideration shall not preempt or extend the appeal period for a permit or affect the date of filing 6578 with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit 6579 appeal period. 6580 (5) Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development 6581 permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/proponent 6582 or any aggrieved party pursuant to RCW 90.58.180 within 21 days of filing the final decision by Jefferson 6583 County with the Department of Ecology. [Ord. 7-13 Exh. A (Art. X § 16)] 6584 (6) After all local permit administrative appeals or reconsideration periods are complete and the permit 6585 documents are amended to incorporate any resulting changes, the County will mail the permit using 6586 return receipt requested mail to the Department of Ecology regional office and the Office of the 6587 Attorney General. Projects that require both Conditional Use Permits and or Variances shall be mailed 6588 simultaneously with any Substantial Development Permits for the project. 6589 (i) The permit and documentation of the final local decision will be mailed together with the 6590 complete permit application; a findings and conclusions letter; a permit data form (cover sheet); 6591 and applicable SEPA documents. 6592 (ii) Consistent with RCW 90.58.140(6), the state’s Shorelines Hearings Board twenty-one (21) 6593 day appeal period starts with the date of filing, which is defined below: 6594 (a) For projects that only require a Substantial Development Permit: the date that Ecology 6595 receives the County decision. 6596 (b) For a Conditional Use Permit (CUP) or Variance: the date that Ecology’s decision on the CUP 6597 or Variance is transmitted to the applicant and the County. 6598 (c) For SDPs simultaneously mailed with a CUP or VAR to Ecology: the date that Ecology’s 6599 decision on the CUP or Variance is transmitted to the applicant and the County. 6600 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 193/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.760 Initiation of development. 6601 (1) Development pursuant to a shoreline substantial development permit, shoreline variance, or 6602 conditional use shall not begin and shall not be authorized until 21 days after the “date of filing” or until 6603 all review proceedings before the Shoreline Hearings Board have terminated. 6604 (2) Date of Filing. “Date of filing” of a substantial development permit is the date of actual receipt of the 6605 decision by the Department of Ecology. The “date of filing” for a shoreline variance or shoreline 6606 conditional use permit shall mean the date the permit decision rendered by the Department of Ecology 6607 is transmitted by the Department of Ecology to the county and the applicant/proponent. [Ord. 7-13 Exh. 6608 A (Art. X § 17)] 6609 18.25.770 Permit revisions. 6610 (1) A permit revision is required whenever the applicant/proponent proposes substantive changes to the 6611 design, terms or conditions of a project from that which is approved in the permit. Changes are 6612 substantive if they materially alter the project in a manner that relates to its conformance to the terms 6613 and conditions of the permit, this program or the Act. Changes that are not substantive in effect do not 6614 require a permit revision. 6615 (2) An application for a revision to a shoreline permit shall be submitted to the administrator. The 6616 application shall include detailed plans and text describing the proposed changes. The county decision 6617 maker that approved the original permit may approve the request upon a finding that the proposed 6618 changes are within the scope and intent of the original permit, and are consistent with this program and 6619 the Act. 6620 (3) “Within the scope and intent of the original permit” means all of the following: 6621 (a) No additional overwater construction is involved except that a pier, dock or floating structure 6622 may be increased by 10 percent over that approved under the original permit; 6623 (b) Ground area coverage and/or height may be increased a maximum of 10 percent over that 6624 approved under the original permit; provided, that the revised permit does not authorize 6625 development to exceed the height, lot coverage, setback or any other requirements of this program 6626 except as authorized under a variance granted for the original development; 6627 (c) Additional or revised landscaping is consistent with any conditions attached to the original 6628 permit and with this program; 6629 (d) The use authorized pursuant to the original permit is not changed; and 6630 (e) The revision will not cause adverse environmental impacts beyond those originally authorized in 6631 the permit. 6632 (4) Revisions to shoreline permits may be authorized after the original permit authorization has expired. 6633 Revisions made after the expiration of the original permit shall be limited to changes that are consistent 6634 with this program and that would not require a permit under this program. If the proposed change is a 6635 substantial development as defined by this program, then a new permit is required. The provisions of 6636 this paragraph shall not be used to extend the time requirements or to authorize substantial 6637 development beyond the time limits or scope of the original permit. 6638 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 194/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (5) A new permit shall be required if the proposed revision and any previously approved revisions in 6639 combination would constitute development beyond the scope and intent of the original permit. 6640 (6) Upon approval of a permit revision, the decision maker shall file with the Department of Ecology a 6641 copy of the revised site plan and a detailed description of the authorized changes to the original permit 6642 together with a final ruling and findings supporting the decision based on the requirements of this 6643 section. In addition, the decision maker shall notify parties of record of the action. 6644 (a) If the proposed revision is to a development for which a shoreline conditional use or variance 6645 was issued, the decision maker shall submit the revision to the Department of Ecology for approval 6646 with conditions or denial, and shall indicate that the revision is being submitted under the 6647 requirements of this paragraph. Under the requirements of WAC 173-27-110(6), the Department of 6648 Ecology shall render and transmit to the decision maker and the applicant/proponent its final 6649 decision within 15 days of the date of the Department of Ecology’s receipt of the submittal from the 6650 decision maker. The decision maker shall notify parties on record of the Department of Ecology’s 6651 final decision. Appeals of a decision of the Department of Ecology shall be filed in accordance with 6652 the provisions of WAC 173-27-110(8). [Ord. 7-13 Exh. A (Art. X § 18)] 6653 18.25.780 Rescission and modification. 6654 (1) Any shoreline permit granted pursuant to this program may be rescinded or modified upon a finding 6655 by the hearing examiner that the permittee or his/her successors in interest have not complied with 6656 conditions attached thereto. A specific monitoring plan may be required as a condition of a permit with 6657 specific reporting requirements. If the monitoring plan is not implemented, the permittee may be found 6658 to be noncompliant. The results of a monitoring plan may show a development to be out of compliance 6659 with specific performance standards, which may be the basis for findings of noncompliance. 6660 (2) The administrator shall initiate rescission or modification proceedings by serving written notice of 6661 noncompliance to the permittee or his/her successors and notifying parties of record at the original 6662 address provided in application review files. 6663 (3) The hearing examiner shall hold a public hearing no sooner than 15 days following such service of 6664 notice, unless the applicant/proponent files notice of intent to comply and the administrator grants a 6665 specific schedule for compliance. If compliance is not achieved, the administrator shall schedule a public 6666 hearing before the hearing examiner. Upon considering written and oral testimony taken at the hearing, 6667 the hearing examiner shall make a decision in accordance with the above procedure for shoreline 6668 permits. 6669 (4) These provisions do not limit the administrator, the prosecuting attorney, the Department of Ecology 6670 or the Attorney General from administrative, civil, injunctive, declaratory or other remedies provided by 6671 law, or from abatement or other remedies. [Ord. 7-13 Exh. A (Art. X § 19)] 6672 18.25.790 Violations and penalties. 6673 (1) In addition to incurring civil liability under JCC 18.50.110 and RCW 90.58.210, pursuant to RCW 6674 90.58.220, any person found to have willfully engaged in activities on shorelines of the state in violation 6675 of the provisions of the Act or of this program, or other regulations adopted pursuant thereto, shall be 6676 punished by: 6677 (a) A fine of not less than $25.00 or more than $1,000; 6678 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 195/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Imprisonment in the county jail for not more than 90 days; or 6679 (c) Both such fine and imprisonment; provided, that the fine for the third and all subsequent 6680 violations in any five-year period shall not be less than $500.00 nor more than $10,000; provided 6681 further, that fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be 6682 determined under RCW 90.58.560. 6683 (2) Any person who willfully violates any court order or injunction issued pursuant to this program shall 6684 be subject to a fine or imprisonment or both, neither of which shall exceed the maximum fine or 6685 imprisonment stated in RCW 9.92.020 as currently enacted or as may hereafter be amended. [Ord. 7-13 6686 Exh. A (Art. X § 20)] 6687 18.25.800 Remedies. 6688 (1) The Jefferson County prosecuting attorney, or administrator, where authorized, shall bring such 6689 injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the 6690 shorelines of the state located within Jefferson County in conflict with the provisions of this program, 6691 the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this 6692 program. 6693 (2) Any person subject to the regulatory provisions of this program or the Act who violates any provision 6694 thereof, or permit or permit condition issued pursuant thereto, shall be liable for all damage to public or 6695 private property arising from such violation, including the cost of restoring the affected area to its 6696 conditions prior to violation. The Jefferson County prosecuting attorney shall bring suit for damages 6697 under this section on their own behalf and on the behalf of all persons similarly situated. If liability has 6698 been established for the cost of restoring an area affected by a violation, the court shall make provision 6699 to assure that restoration will be accomplished within a reasonable time at the expense of the violator. 6700 In addition to such relief, including money damages, the court in its discretion may award attorney’s 6701 fees and costs of the suit to the prevailing party. 6702 (3) A person who fails to conform to the terms of a substantial development permit, conditional use 6703 permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of 6704 the state without first obtaining a permit, or who fails to comply with a cease and desist order may be 6705 subject to a civil penalty. The penalty shall be imposed pursuant to the procedure set forth in WAC 173-6706 27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons incurring a 6707 penalty may appeal the same to the Shoreline Hearings Board or the BOCC pursuant to WAC 173-27-6708 290(1) and (2). [Ord. 7-13 Exh. A (Art. X § 21)] 6709 18.25.810 Abatement. 6710 Structures or development on shorelines considered by the administrator to present a hazard or other 6711 public nuisance to persons, properties or natural features may be abated by the county under the 6712 applicable provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition or 6713 successor as adopted by Jefferson County, or by other appropriate means. [Ord. 7-13 Exh. A (Art. X § 6714 22)] 6715 18.25.820 Third-party review. 6716 The administrator shall determine when third-party review shall be required. Third-party review 6717 requires any technical studies or inventories provided by the project proponent to be reviewed by an 6718 independent third party, paid for by the project proponent, but hired by the administrator. A qualified 6719 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 196/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations professional shall conduct third-party review. In determining the need for third-party review, the 6720 administrator shall base his/her decision upon, but shall not be limited to, such factors as whether there 6721 has been incomplete submittal of data or apparently inadequate design work, whether the project is 6722 large scale, or whether the development site is complex. [Ord. 7-13 Exh. A (Art. X § 23)] 6723 18.25.830 Inspections. 6724 Whenever it is necessary to make an inspection to enforce any of the provisions of this master program 6725 or whenever the administrator has reasonable cause to believe that there exists in any building, or upon 6726 any premises, any condition that constitutes a violation of this master program, the administrator shall 6727 take any action authorized by law. The Jefferson County prosecuting attorney shall provide assistance to 6728 the administrator in obtaining administrative search warrants or other legal remedies when necessary. 6729 [Ord. 7-13 Exh. A (Art. X § 24)] 6730 18.25.840 Master program review, amendments and appeals. 6731 The County will conduct the SMP periodic review process consistent with requirements of RCW 6732 90.58.080 and WAC 173-26-090. The County may also consider SMP revisions as a locally-initiated 6733 amendment per WAC 173-26-090. Pursuant to RCW 90.58.190 and 36.70A.290, a decision by the 6734 Jefferson County board of county commissioners to amend this master program shall not constitute a 6735 final appealable decision until the Department of Ecology has made a decision to approve, reject, or 6736 modify the proposed amendment. Amendments shall be effective 14 days from Ecology’s written notice 6737 of final action. Following the final action of the Department of Ecology regarding the proposed 6738 amendment, the decision may be appealed to the Western Washington Growth Management Hearings 6739 Board. [Ord. 7-13 Exh. A (Art. X § 25)] 6740 18.25.850 Fees. 6741 Required fees for all shoreline substantial development permits, shoreline conditional use permits, 6742 shoreline variances, statements of exemption, appeals, preapplication conferences and other required 6743 approvals shall be paid to the county at the time of application in accordance with the Jefferson County 6744 unified fee schedule in effect at that time. [Ord. 7-13 Exh. A (Art. X § 26)] 6745 18.25.860 Transfer of permits. 6746 An approved substantial development permit, conditional use permit or variance permit may be 6747 transferred from the original project proponent to any successor in interest to the project proponent; 6748 provided, that all of the conditions and requirements of the approved permit or variance shall continue 6749 in effect as long as the use or activity is pursued or the structure exists unless the terms of the 6750 substantial development permit, conditional use permit, or variance permit are modified in accordance 6751 with the relevant provisions of this master program. [Ord. 7-13 Exh. A (Art. X § 27)] 6752 Article XI. Shoreline Mapping 6753 18.25.870 Official shoreline map. 6754 The official shoreline map shows the Article IV shoreline environment designations (SEDs) that apply to 6755 each segment of the shoreline planning area under SMP jurisdiction. It does not necessarily identify or 6756 depict the precise lateral extent of shoreline jurisdiction or all associated wetlands. The lateral extent of 6757 the shoreline jurisdiction at the parcel level shall be determined on a case-by-case basis at the time a 6758 shoreline use/development is proposed. The actual extent of shoreline jurisdiction requires a site-6759 specific evaluation to identify the location of the ordinary high water mark and any associated wetlands. 6760 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 197/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations As established by JCC 18.25.200(3), the County’s GIS database of stream flow and other key features 6761 (i.e. wetlands, flood, channel migration) informs the extent of shoreline jurisdiction, and may be 6762 updated to ensure the most current accurate data layers are utilized. Any online interactive mapping of 6763 the GIS data serves only as an implementation aid intended to reflect the official maps established 6764 herein. In the event that the GIS database incorporates more current/accurate data, the county may 6765 only change the official maps of this program, as needed, through a formal amendment process. The 6766 official maps of this program depict the SEDs in two formats: 6767 (1) Official Shoreline Map. An overview map showing all of Jefferson County (separate PDF also available 6768 with image sized for large format printing). 6769 (2) A collection of 18 break-out maps at closer range to allow greater details (separate PDF also available 6770 with images sized for 11-inch by 17-inch printing). Western Jefferson County is depicted in a single 6771 break-out map (Map No. 18). Eastern Jefferson County is broken into separate images (Map Nos. 1 6772 through 17) as shown in Appendix A of the ordinance codified in this chapter. [Ord. 7-13 Exh. A (Appx. 6773 A)] 6774 18.25.880 Maps Illustrating SED Allowance for In-Water Finfish Aquaculture 6775 As established by 18.25.440(3) and summarized in Figure 18.25.440, approximate siting locations for the 6776 SED Allowance for In-Water Finfish Aquaculture are illustrated in the following four maps showing the 6777 areas of Strait of Juan de Fuca, Glen Cove/Port Townsend Bay, Mats Mats/Oak Bay, and Port 6778 Ludlow/Ludlow Bay. [moved from prior section] 6779 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 198/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 6780 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 199/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 6781 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 200/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 6782 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 201/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 6783 6784 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 202/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 6785 6786 1 Wording from WAC 173-27-060(3). 6787 18.25.890 List of SMP Waterbodies 6788 As established by JCC 18.25.200, this SMP addresses over 700 miles of waterbodies that are designated 6789 as shorelines of the state in Jefferson County, including approximately 250 miles of marine shoreline 6790 ,approximately 22 miles of lakeshore on 14 lakes, and some 500 miles of creeks, streams, and rivers. As 6791 addressed by Article IV and Article V of this program, shorelines of the state include shorelines and 6792 shorelines of statewide significance, and their shorelands. 6793 See Figure 18.25.890 -1 and Figure 18.25.890 -2. The Inventory and Characterization Report (2008) 6794 Section 1.3.2, Map 1C, and Appendix D provide more precise descriptions of location and upstream 6795 extent and may be consulted. In the case of discrepancies or changed conditions, the site-specific 6796 application of state definitions shall prevail over the list and related maps. 6797 Figure 18.25.890 -1. Streams or Rivers 6798 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 Dosewallips River, W F Mount Steel Duckabush River Mount Steel Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 203/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Stream or River* USGS 7.5 Minute Series Map where Upstream Point is Located 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 204/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Stream or River* USGS 7.5 Minute Series Map where Upstream Point is Located Jemrod Creek Mount Olympus Kalaloch Creek, E F Kalaloch Ridge Kimta Creek Kimta Peak Kunamakst Creek Stequaleho Creek Lena Creek The Brothers Litchy Creek Mount Hoquiam Litchy Creek, U T Mount Hoquiam Long Creek Mount Queets Long Creek, U T Hurricane Hill Lost River Mc Cartney Peak Matheny Creek Finley Creek Matheny Creek, U T Finley Creek Matheny Creek, U T Matheny Ridge Matheny Creek, U T Matheny Ridge Mckinnon Creek Salmon River West Miller Creek, E F Christmas Creek Mount Tom Creek - From its' confluence with U T Mount Tom Mount Tom Creek, U T Mount Tom Mount Tom Creek, U T Mount Tom Mount Tom Creek, U T Mount Tom Mud Creek Salmon River East Murphy Creek Quillayute Prairie Nolan Creek Christmas Creek Noname Creek Chimney Peak O'Neil Creek Mount Olson Paradise Creek Bob Creek Paull Creek Mount Olympus Promise Creek Kimta Peak Pyrites Creek Chimney Peak Queets River Mount Queets Queets River * Kloochman Rock Queets River, U T Bob Creek Queets River, U T Kimta Peak Queets River, U T Mount Queets Queets River, U T 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 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 205/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Stream or River* USGS 7.5 Minute Series Map where Upstream Point is Located Rocky Brook Brinnon Royal Creek Mount Deception Rustler Creek Chimney Peak Rustler Creek, U T Mount Christie Rustler Creek, U T Mount Christie Rustler Creek, U T Mount Christie Saghalie Creek Mount Christie Salmon River, M F Matheny Ridge Salmon River, N F Matheny Ridge Sams River Finley Creek Sams River, U T Matheny Ridge Seattle Creek Mount Christie Silt River Wellesley Peak Silt River, U T Wellesley Peak Solleks River Kloochman Rock Solleks River, U T Stequaleho Creek Stalding Creek Kimta Peak Stequaleho Creek Stequaleho Creek Tacoma Creek Salmon River West Three Prune Creek Kimta Peak Townsend Creek Mount Walker Tsheltshy Creek Bunch Lake Tshletshy Creek, U T Bob Creek Tshletshy Creek, U T Bob Creek Tshletshy Creek, U T 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. 6799 B = Branch; E = East; F = Fork; M = Middle; N = North; P = Prong; S = South; T = Tributary; U = Unnamed; 6800 W = West 6801 Figure 18.25.890 -2. Lakes 6802 Lake Name Anderson Beausite Crocker Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 206/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations Lake Name Gibbs Leland Lords Ludlow Peterson Rice Sandy Shore Tarboo Teal Mill Pond Wahl Article XII. Ocean Management 6803 18.25.900 Applicability and Administration 6804 (1) Applicability – The ocean use policies, regulations, and permitting procedures apply as follow: 6805 (a) Ocean Resources Management Act (ORMA; RCW 43.143). Ocean uses and developments 6806 proposed within the ORMA geographical area must be consistent with ocean use policies and 6807 regulations and reviewed using the additional approval criteria of this section. The applicable ORMA 6808 geographical area covers Washington coastal waters of the Pacific Ocean from Cape Flattery south 6809 to Cape Disappointment, from mean high tide seaward two hundred miles. 6810 (i) Geographic Application. The Ocean Management provision of this section apply to Pacific 6811 Ocean shorelines of statewide significance coastal waters and those associated shorelands 6812 located within Jefferson County, except for areas that are under exclusive federal jurisdiction as 6813 established through federal or state statutes including Olympic National Park. 6814 (b) Marine Spatial Plan (MSP). New ocean uses and developments proposed within the MSP study 6815 area must be consistent with the ocean use policies, regulations, and permitting procedures of this 6816 section. The MSP study area covers marine waters of the Pacific Ocean within state waters (from 6817 OHWM out to 3 nautical miles). 6818 (i) The MSP applies to a proposed project only if all three of the following criteria are met: 6819 • occurs within the geographic boundaries of the MSP study area; 6820 • will adversely impact renewable resources or existing ocean uses; and 6821 • is a ‘new use’, as defined by the MSP. 6822 (ii) All new ocean uses proposed within the MSP study area must be consistent with the 6823 protection standards for Important, Sensitive, and Unique areas (ISUs) and Fisheries and 6824 reviewed using the additional process requirements for new ocean use proposals. 6825 (iii) Applicability of ISU protection standards. The state has developed maps of ISUs using the 6826 best available data at the time of the MSP development. These maps are intended to assist 6827 applicants in identifying where ISUs exist. As finer resolution or updated data becomes available, 6828 the state may update the ISU maps, which may include adding, deleting or updating the 6829 distribution of an ISU. However, ISU protection standards will apply to any ISU, wherever it is 6830 identified in state waters. It is the responsibility of applicants to verify whether ISUs exist in their 6831 proposed new ocean use project area and to demonstrate protection standards will be met. 6832 6833 (2) Ocean use administration. Additional ORMA approval criteria for ocean uses and developments. 6834 In addition to the otherwise required shoreline substantial development, conditional use, or 6835 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 207/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations variance approval criteria, newly proposed ocean uses or development shall meet or exceed this 6836 additional approval criteria: 6837 (a) There is a demonstrated significant local, state, or national need for the proposed use or 6838 activity; 6839 (b) There is no reasonable alternative to meet the public need for the proposed use or 6840 activity; 6841 (c) There will be no likely long-term significant adverse impacts to coastal or marine 6842 resources or uses; 6843 (d) All reasonable steps are taken to avoid and minimize adverse environmental impacts, 6844 with special protection provided for the marine life and resources of the Olympic National 6845 Park; 6846 (e) All reasonable steps are taken to avoid and minimize adverse social and economic 6847 impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and 6848 recreational, commercial, and tribal fishing; 6849 (f) Compensation is provided to mitigate adverse impacts to coastal resources or uses; 6850 (g) Plans and sufficient performance bonding are provided to ensure that the site will be 6851 rehabilitated after the use or activity is completed; and 6852 (h) The use or activity complies with all applicable local, state, and federal laws and 6853 regulations. 6854 (3) Additional MSP procedural requirements for new ocean use proposals. In addition to the 6855 otherwise required shoreline substantial development, conditional use, or variance permit 6856 procedural requirement, MSP defined new ocean use proposals shall include the following: 6857 (a) Pre-application Meeting. Prior to submitting any applications for shoreline permits for 6858 new ocean uses or developments the applicant will participate in at least one pre-6859 application meeting which may be consolidated and coordinated with all local, state, and 6860 federal agencies. During the pre-application stage: 6861 (i) The applicant should use the MSP to understand potential use and resource conflicts, 6862 including review of the baseline data, maps, analyses, and management framework. This 6863 information can assist applicants in avoiding and minimizing impacts to resources and 6864 uses through project siting and design. 6865 (ii) The applicant should provide required data and information about the project, and 6866 identify and coordinate with stakeholder groups as well as other governments, including 6867 state, tribal, and federal government entities. 6868 (iii) The applicant should identify state and local policies, procedures, and requirements, 6869 including those referenced in the Marine Spatial Plan. 6870 (b) Inventory – Review adequacy of site-specific inventory and respond to requests for 6871 additional data or studies. 6872 (c) Effects Analysis – Submit an effects evaluation (See Section 4.5 of the MSP) which 6873 includes proposed mitigation measures, and best management practices. 6874 (d) Plans – Submit proposed construction and operation plans, including adequacy of 6875 prevention, monitoring, and response plans. 6876 (e) Coordination – Continue to coordinate with government entities (local, state, tribal, and 6877 federal agencies), stakeholders (representatives from fishing, aquaculture, maritime 6878 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 208/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations commerce, conservation, tourism, recreation), and the Washington Coastal Marine Advisory 6879 Council (WCMAC), and the public in all aspects of project development and review. 6880 6881 18.25.910 Ocean Management Policies 6882 (1) Applicability. These ocean management policies and their implementing regulations will be used 6883 in evaluating ocean uses, developments, and activities proposed in coastal waters subject to ORMA. 6884 These provisions augment the other requirements of this SMP. They are not intended to regulate 6885 recreational uses or currently existing commercial uses involving fishing or other renewable marine 6886 or ocean resources. 6887 (2) These general ocean management policies are applicable to all shoreline permits for newly 6888 proposed ocean uses, their services, distribution, and supply activities and their associated facilities. 6889 (a) Ocean uses and activities that will not adversely impact renewable resources shall be given 6890 priority over those that will. Correspondingly, ocean uses that will have less adverse impacts on 6891 renewable resources shall be given priority over uses that will have greater adverse impacts. 6892 (b) Ocean uses that will have less adverse social and economic impacts on coastal uses and 6893 communities should be given priority over uses and activities that will have more such impacts. 6894 When the adverse impacts are generally equal, the ocean use that has less probable occurrence 6895 of a disaster should be given priority. 6896 (c) The alternatives considered to meet a public need for a proposed use should be 6897 commensurate with the need for the proposed use. For example, if there is a demonstrated 6898 national need for a proposed use, then national alternatives should be considered. 6899 (d) For ocean uses and activities, SEPA shall be applied consistent with WAC 197-11-060 (4)(e) 6900 and 197-11-792 (2)(c). The determination of significant adverse impacts should be consistent 6901 with WAC 197-11-330(3) and 197-11-794. The sequence of actions described in WAC 197-11-768 6902 should be used as an order of preference in evaluating steps to avoid and minimize adverse 6903 impacts. 6904 (e) Impacts on commercial resources, such as the crab fishery, on noncommercial resources, 6905 such as environmentally critical and sensitive habitats, and on coastal uses, such as loss of 6906 equipment or loss of a fishing season, should be considered in determining compensation to 6907 mitigate adverse environmental, social and economic impacts to coastal resources and uses. 6908 (f) Allocation of compensation to mitigate adverse impacts to coastal resources or uses should 6909 be based on the magnitude and/or degree of impact on the resource, jurisdiction and use. 6910 (g) Rehabilitation plans and bonds prepared for ocean uses should address the effects of 6911 planned and unanticipated closures, completion of the activity, reasonably anticipated disasters, 6912 inflation, new technology, and new information about the environmental impacts to ensure that 6913 state of the art technology and methods are used. 6914 (h) Ocean uses and their associated coastal or upland facilities should be located, designed and 6915 operated to prevent, avoid, and minimize adverse impacts on migration routes and habitat 6916 areas of species listed as endangered or threatened, environmentally critical and sensitive 6917 habitats such as breeding, spawning, nursery, foraging areas and wetlands, and areas of high 6918 productivity for marine biota such as upwelling and estuaries. 6919 (i) Ocean uses should be located to avoid adverse impacts on proposed or existing 6920 environmental and scientific preserves and sanctuaries, parks, and designated recreation areas. 6921 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 209/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (j) Ocean uses and their associated facilities should be located and designed to avoid and 6922 minimize adverse impacts on historic or culturally significant sites in compliance with chapter 6923 27.34 RCW. Permits in general should contain special provisions that require permittees to 6924 comply with chapter 27.53 RCW if any archaeological sites or archaeological objects such as 6925 artifacts and shipwrecks are discovered. 6926 (k) Ocean uses and their distribution, service, and supply vessels and aircraft should be located, 6927 designed, and operated in a manner that minimizes adverse impacts on fishing grounds, aquatic 6928 lands, or other renewable resource ocean use areas during the established, traditional, and 6929 recognized times they are used or when the resource could be adversely impacted. 6930 (l) Ocean use service, supply, and distribution vessels and aircraft should be routed to avoid 6931 environmentally critical and sensitive habitats such as sea stacks and wetlands, preserves, 6932 sanctuaries, bird colonies, and migration routes, during critical times those areas or species 6933 could be affected. 6934 (m) In locating and designing associated onshore facilities, special attention should be given to 6935 the environment, the characteristics of the use, and the impact of a probable disaster, in order 6936 to assure adjacent uses, habitats, and communities’ adequate protection from explosions, spills, 6937 and other disasters. 6938 (n) Ocean uses and their associated facilities should be located and designed to minimize 6939 impacts on existing water dependent businesses and existing land transportation routes to the 6940 maximum extent feasible. 6941 (o) Onshore facilities associated with ocean uses should be located in communities where there 6942 is adequate sewer, water, power, and streets. Within those communities, if space is available at 6943 existing marine terminals, the onshore facilities should be located there. 6944 (p) Attention should be given to the scheduling and method of constructing ocean use facilities 6945 and the location of temporary construction facilities to minimize impacts on tourism, recreation, 6946 commercial fishing, local communities, and the environment. 6947 (q) Special attention should be given to the effect that ocean use facilities will have on 6948 recreational activities and experiences such as public access, aesthetics, and views. 6949 (r) Detrimental effects on air and water quality, tourism, recreation, fishing, aquaculture, 6950 navigation, transportation, public infrastructure, public services, and community culture should 6951 be considered in avoiding and minimizing adverse social and economic impacts. 6952 (s) Special attention should be given to designs and methods that prevent, avoid, and minimize 6953 adverse impacts such as noise, light, temperature changes, turbidity, water pollution and 6954 contaminated sediments on the marine, estuarine or upland environment. Such attention 6955 should be given particularly during critical migration periods and life stages of marine species 6956 and critical oceanographic processes. 6957 (t) Pre-project environmental baseline inventories and assessments and monitoring of ocean 6958 uses should be required when little is known about the effects on marine and estuarine 6959 ecosystems, renewable resource uses and coastal communities or the technology involved is 6960 likely to change. 6961 (u) Oil or gas exploration, development, or production should be prohibited from Cape Flattery 6962 south to Cape Disappointment. 6963 (3) The state’s Marine Spatial Plan (MSP) provides a base of scientific information on ocean uses and 6964 resources, provides a framework for evaluating new ocean use proposals, and establishes 6965 protections for sensitive areas and fisheries. As such, the state’s MSP informed the ocean 6966 management provisions of this SMP and should be utilized in their implementation. 6967 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 210/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations 18.25.920 Ocean Management Regulations. 6968 The following ORMA ocean management regulations apply to all shoreline permits for newly proposed 6969 ocean uses, their services, distribution, and supply activities and their associated facilities: 6970 (1) Oil and gas exploration, development, and production is prohibited in tidal or submerged lands 6971 extending from the mean high tide seaward three miles. 6972 (2) Seafloor mining may be allowed consistent with all of the following: 6973 (a) The applicant has demonstrated that the location and operation has been designed in a 6974 manner that has no detrimental effects on ground fishing, renewable resource uses, beach 6975 erosion and accretion processes; and 6976 (b) The applicant has provided for mitigation of impacts that accounts for the established 6977 habitat recovery rates. 6978 (3) Ocean energy producing uses should only be allowed when the applicant has demonstrated the 6979 following: 6980 (a) The location, construction, and operation has been designed in a manner that has no 6981 detrimental effects on beach erosion, accretion, and wave processes; 6982 (b) The effect of the project on upwelling and other oceanographic and ecosystem processes 6983 have been assessed; and 6984 (c) Associated energy distribution facilities and lines are located in existing utility rights of way 6985 and corridors, whenever feasible. 6986 (4) Ocean disposal uses may be allowed when the applicant has demonstrated the following: 6987 (a) Storage, loading, transporting, and disposal of materials shall be done in conformance with 6988 local, state, and federal requirements for protection of the environment; 6989 (b) The ocean disposal site has been approved by the Washington Department of Ecology, the 6990 Washington Department of Natural Resources, the United States Environmental Protection 6991 Agency, and the United States Army Corps of Engineers, as appropriate. Ocean disposal sites for 6992 which the primary purpose is habitat enhancement may be located in a wider variety of 6993 locations; 6994 (c) The Ocean disposal site has been located and designed to prevent, avoid, and minimize 6995 adverse impacts on environmentally critical and sensitive habitats, coastal resources and uses, 6996 or loss of opportunities for mineral resource development; and 6997 (d) Ocean disposal should be sited in areas where the dredge material will provide beneficial use 6998 to the greatest extent possible. 6999 (5) Ocean transportation uses may be allowed consistent with the following: 7000 (a) The applicant has provided an assessment of the impacts the proposed transportation use will 7001 have on renewable resource activities such as fishing and on environmentally critical and 7002 sensitive habitat areas, environmental and scientific preserves and sanctuaries. 7003 (b) When feasible, hazardous materials such as oil, gas, explosives and chemicals, should not be 7004 transported through highly productive commercial, tribal, or recreational fishing areas. If no such 7005 feasible route exists, the routes used should pose the least environmental risk. 7006 (c) Transportation uses should be located or routed to avoid habitat areas of endangered or 7007 threatened species, environmentally critical and sensitive habitats, migration routes of marine 7008 species and birds, marine sanctuaries and environmental or scientific preserves to the maximum 7009 extent feasible. 7010 (6) Ocean research uses may be allowed consistent with the following: 7011 (a) Other ocean uses occurring in the same area have been identified and potential use conflicts 7012 have been minimized. 7013 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 211/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) Ocean research meeting the definition of "exploration activity" of WAC 173-15-020 shall 7014 comply with the requirements of WAC 173-15: Permits for oil or natural gas exploration activities 7015 conducted from state marine waters. 7016 (c) The project has been located and will be operated in a manner that minimizes intrusion into or 7017 disturbance of the coastal waters environment consistent with the purposes of the research and 7018 the intent of the general ocean use guidelines. 7019 (d) Upon completion or discontinuance of the ocean research the site shall be restored to its 7020 original condition to the maximum extent feasible, consistent with the purposes of the research. 7021 (e) Ocean research findings should be made available for public dissemination, whenever feasible. 7022 (7) Ocean salvage uses may be allowed consistent with the following: 7023 (a) Nonemergency marine salvage and historic shipwreck salvage activities should be conducted in 7024 a manner that minimizes adverse impacts to the coastal waters environment and renewable 7025 resource uses such as fishing. 7026 (b) Nonemergency marine salvage and historic shipwreck salvage activities should not be 7027 conducted in areas of cultural or historic significance unless part of a scientific effort sanctioned 7028 by appropriate governmental agencies. 7029 7030 18.25.930 Additional Standards for New Ocean Uses. 7031 7032 (1) Important, Sensitive, and Unique Areas (ISUs) Designation. The ISUs assign protection standards and 7033 definitions for adverse effects for a list of ecological, historic, cultural, and infrastructure areas. The MSP 7034 provides maps utilizing the best available data on ISU locations. 7035 (a) Ecological ISUs 7036 (i) Biogenic Habitats: Aquatic vegetation, corals, and sponges 7037 Rocky Reefs 7038 (ii) Seabird colonies: islands and rocks used for foraging and nesting by seabirds. 7039 (iii) Pinniped haul-outs 7040 (iv) Forage fish spawning areas: intertidal areas used for spawning by herring, smelt or other 7041 forage fish. 7042 (b) Historic, Cultural and Infrastructure ISUs 7043 (i) Historic and archaeological sites: Structures or sites over 45 years old that are listed or eligible 7044 for listing in local, state or national preservation registers (e.g. shipwrecks or lighthouses); or 7045 Artifacts or other material evidence of tribal or historic use or occupation (e.g. burials, village sites, 7046 or middens). 7047 (ii) Buoys and submarine cables: Fixed infrastructure such as navigation or monitoring buoys, fiber 7048 optic cables, electrical transmission cables, other fixed monitoring equipment in the marine 7049 environment (e.g. hydrophones) and any associated mooring lines, anchors or other equipment. 7050 (c) ISU Mapping and Location. The state has developed maps of ISUs intended to assist applicants in 7051 identifying where ISUs exist.3 However, ISU protection standards will apply to any ISU, wherever it is 7052 identified in state waters. It is the responsibility of applicants to verify whether ISUs exist in their 7053 proposed project area and to demonstrate protection standards will be met. 7054 (2) ISU Protection Standards. New ocean uses should only be allowed when the applicant can 7055 demonstrate consistency with the following ISU adverse effects and protection standards: 7056 3 See: https://www.msp.wa.gov/important-sensitive-and-unique-areas-isus/. Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 212/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (a) An applicant for proposed new ocean uses involving offshore development must demonstrate 7057 that the project will have no adverse effects on an ISU located at the project site and to off-site 7058 ISUs potentially affected by the project, using site-specific surveys, scientific data and analysis, 7059 which demonstrate either: 7060 (i) The current ISU maps do not accurately characterize the resource or use or the project area 7061 (mapped or not mapped) does not contain an ISU resource or use; or 7062 (ii) The weight of scientific evidence clearly indicates that the project will cause no adverse 7063 effects to the resources of the ISU. 7064 (A) Adverse effects standards for Ecological ISUs means degradation of ecosystem function 7065 and integrity (direct habitat damage, burial of habitat, habitat erosion, and reduction in 7066 biological diversity) or degradation of living marine organisms (abundance, individual 7067 growth, density, species diversity, and species behavior). 7068 (B) Adverse effects standards for historic, cultural or fixed infrastructure ISUs include the 7069 following: 7070 • Direct impacts from dredging, dumping, or filling; 7071 • Alteration, destruction or defacement of historic, archaeological or cultural 7072 artifacts; and 7073 • Direct impacts from placement or maintenance of new, temporary or permanent 7074 structures in areas with existing infrastructure or historic, archaeological or cultural 7075 artifacts. 7076 (b) Additional buffers may be appropriate to protect ISU resources from adverse effects. Project 7077 developers shall consult with the Washington Department of Fish and Wildlife on recommended 7078 buffers for Ecological ISUs associated with their proposed project prior to filing application 7079 materials with local or state agencies. Project developers shall consult with the Washington 7080 Department of Archaeological and Historical Preservation and tribal preservation officers on 7081 further identification and protection of cultural or historical artifacts. 7082 (3) Applicants for proposed new ocean uses involving offshore development must consult with WDFW, 7083 individuals participating in affected commercial and recreational fisheries, and each of the coastal tribes 7084 to identify and understand the proposed project’s potential adverse effects to fisheries and tribal uses. 7085 (4) Fisheries Protection standards. New ocean uses involving offshore development shall only be 7086 allowed when the applicant can demonstrate that their project meets all of the following standards to 7087 protect fisheries located at the project site and nearby from adverse effects: 7088 (a) There are no likely long-term significant adverse effects for commercial or recreational fisheries. 7089 Adverse effects can be direct, indirect or cumulative. 7090 (i) A significant reduction in the access of commercial or recreational fisheries to the resource 7091 used by any fishery or a fishing community(s); 7092 (ii) A significant increase in the risk to entangle fishing gear; 7093 (iii) A significant reduction in navigation safety for commercial and recreational fisheries; and 7094 (iv) Environmental harm that significantly reduces quality or quantity of marine resources 7095 available for harvest. 7096 Jefferson County Code Chapter 18.25 SHORELINE MASTER PROGRAM Page 213/216 Date of Base Code: The Jefferson County Code is current through Ordinance 06-0817-20, passed August 17, 2020. The Jefferson County Shoreline Master Program is current through Ordinance 07-1216-13, passed December 16, 2013; the SMP became effective February 21, 2014. Planning Commission Recommendations (b) All reasonable steps are taken to avoid and minimize social and economic impacts to fishing. 7097 (i) Avoid adverse social and economic impacts to fishing through proposed project location, 7098 design, construction, and operation, such as avoiding heavily used fishing areas. Where 7099 adverse impacts to fishing cannot be reasonably avoided, demonstrate how project has 7100 minimized impacts; 7101 (ii) Minimize the number of and size of anchors. Space structures for greater compatibility 7102 with existing uses and bury cables in the seafloor and through the shoreline; 7103 Minimize risk of entangling fishing gear from new structures installed in the seafloor or placed 7104 in the water. Minimize the displacement of fishers from traditional fishing areas, and the 7105 related impact on the travel distance, routing, and navigation safety in order to fish in 7106 alternative areas; 7107 (iii) Minimize the compression of fishing effort caused by the reduction in the areas normally 7108 accessible to fishers; 7109 (iv) Minimize the economic impact resulting from the reduction in area available for 7110 commercial and recreational fishing for the effected sectors and ports. 7111 (v) Limit the number and size of projects located in an area to minimize the impact on a 7112 particular port, sector, or fishery; 7113 (vi) Consider the distribution of projects and their cumulative effects; and 7114 (vii) Other reasonable and relevant considerations as determined by the fisheries consultation 7115 process and specifics of the proposed project. 7116 18.40.040 Project permit application framework. Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V Septic permits Classification of unnamed and discretionary uses under Article II of Chapter 18.15 JCC Reasonable economic use variances under JCC 18.22.250 Final plats under Chapter 18.35 JCC Special use permits, such as for siting essential public facilities under JCC 18.15.110 Allowed uses not requiring notice of application (e.g., “Yes” uses listed in Table 3-1 in JCC 18.15.040, building permits, etc.) Release of six-year FPA moratorium for an individual single- family residence under JCC 18.20.160 PRRDs under Article VI-M of Chapter 18.15 JCC and major amendments to PRRDs under JCC 18.15.545(3) Final PRRDs under Article VI-M of Chapter 18.15 JCC Jefferson County Comprehensive Plan amendments under Chapter 18.45 JCC Minor amendments to planned rural residential developments (PRRDs) under JCC 18.15.545 Cottage industries under JCC 18.20.170 Shoreline conditional use permits, and variance permits under the Jefferson County shoreline master program (SMP) Amendments to development regulations Home businesses approved under JCC 18.20.200 Short subdivisions under Article III of Chapter 18.35 JCC Plat alterations and vacations under JCC 18.35.030(3) Amendments to the Jefferson County SMP Temporary outdoor use permits under JCC 18.20.380 Binding site plans under Article V of Chapter 18.35 JCC Long subdivisions under Article IV of Chapter 18.35 JCC Subarea and utility plans and amendments thereto Stormwater management permits under JCC 18.30.070 Administrative conditional use permits under JCC 18.40.520(1) and listed in Table 3-1 in JCC 18.15.040 as “C(a)” Discretionary conditional use permits under JCC 18.40.520(2) [i.e., listed in Table 3-1 in JCC 18.15.040 as “C(d)”] where required by administrator Development agreements and amendments thereto under Article XI of this chapter Road access permits under JCC 18.30.080 Discretionary conditional use permits under Conditional use permits under JCC 18.40.520(3) Master plans for master planned resorts 18.40.040 Project permit application framework. Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V JCC 18.40.520(2) listed in Table 3-1 in JCC 18.15.040 as “C(d)” unless Type III process required by administrator [i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C”] Sign permits under JCC 18.30.150 Minor variances under JCC 18.40.640(2) Major variances under JCC 18.40.640(3) Amendments to the Unified Development Code Boundary line adjustments under Article II of Chapter 18.35 JCC Shoreline substantial development permits under the Jefferson County shoreline master program (SMP) Administrative conditional use permits, under Jefferson County SMP, JCC 18.25.620(3) listed in JCC 18.25.220, Table 18.25.220 as “C(a)” Discretionary conditional use permits under Jefferson County SMP, JCC 18.25.620(4) listed in JCC 18.25.220, Table 18.25.220 as “C(d),” unless Type III process required by administrator Wireless telecommunications permits under JCC 18.20.130 and Chapter 18.42 JCC Minor adjustments to approved preliminary short Wireless telecommunications permits under Major industrial development conditional use 18.40.040 Project permit application framework. Table 8-1. Permits – Decisions Type I1 Type II Type III Type IV Type V plats under JCC 18.35.150 JCC 18.20.130 and Chapter 18.42 JCC approval under Article VIII of Chapter 18.15 JCC Forest practices release of a moratorium under Chapter 18.20 JCC Minor amendments to approved preliminary long plats under JCC 18.35.340 Small-scale recreation and tourist (SRT) uses in SRT overlay district under JCC 18.15.572. Plat alterations under JCC 18.35.670. Site plan approval advance determinations under Article VII of this chapter and boundary line agreements under Article VIII of Chapter 18.35 JCC Exemptions under the Jefferson County SMP Revisions to permits issued under the Jefferson County SMP 1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section).