HomeMy WebLinkAboutCONTINUED DELIBERATIONS re SMP JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Mark McCauley, County Administrator
FROM: Josh D. Peters, AICP, Community Development Director
DATE: February 5,2024
RE: Shoreline Master Program (SMP) deliberations (continued)
STATEMENT OF ISSUE:
The Board's schedule this year concerning Periodic Review of the Shoreline Master Program
(SMP) has to date included a public hearing on January 8, a workshop on January 16, and the
initiation of deliberations on January 22. This agenda item is for continued deliberations in
consideration of proposed amendments to the SMP as part of Periodic Review required by the
Washington State Shoreline Management Act(SMA).
Next steps in the process are these deliberations, supported by staff and consultants, followed by
consideration of an ordinance to locally adopt SMP amendments. The ordinance had been
tentatively scheduled for February 12; however, additional time may be needed (in consultation
with legal counsel). Meanwhile, the January 8 public hearing remains open.
ANALYSIS:
This process has been underway since 2020. The Board has policy choices to consider with
respect to the Planning Commission recommendation and public input. See attached:
1) staff report in question-answer format with information and policy choices
2) comparative analysis between SMP and Unified Development Code (UDC) definitions
Direction from the Board will assist staff in drafting an ordinance for amending the SMP. Staff
will arrange for appropriate notification in order to solicit public comment prior to Board action.
FISCAL IMPACT:
There are budgeted funds for staff time and limited consultant services on this project.
RECOMMENDATION:
Deliberate. Provide direction to staff to draft an adopting ordinance that reflects Board choices.
REVIEWED BY:
• ..,,g///07
Mark McCaule , ounty Administrator Date
1
_soN c,
06 Jefferson County Shoreline Master
Program (SMP) Periodic Review
�s�ft N �o Staff Report I February 1, 2024 for February 5, 2024 Meeting
By: BERK Consulting, Inc., Shannon & Wilson, and Jefferson County Department of Community Development
Questions, Answers and Options
This document summarizes questions—principally about geoduck aquaculture operations, policy, and
regulation—that were discussed at the January 16 and January 22, 2024 Board of County
Commissioners (BoCC or Board) meetings. Responses and options are provided.
1. What are the required findings for a Discretionary Conditional Use Permit (C(d) in the use table)
to become a Standard Conditional Use (C) before the Hearing Examiner.
See: JeffersonCounty 1 8/JeffersonCounty 1 840.html#1 8.40.520
(a) Required Findings. Prior to referring an application for a use listed as "C(d)" in Table
3-1 in JCC 78.75.040 to the hearing examiner, the administrator shall make one or both
of the following findings:
(i) In the exclusive, discretionary judgment of the administrator, the application involves
potentially significant issues relating to location, design, configuration, and potential
impacts to surrounding properties and the community that can be more appropriately
considered and addressed through an open public record pre-decision hearing before the
Jefferson County hearing examiner; or
(ii) In the exclusive, discretionary judgment of the administrator, the application seeks
approval of a use involving complex legal issues necessitating special expertise in the
decision-maker.
Additional: Memo to Planning Commission on Aquaculture and Conditional Use Permits (10/30/23):
[Note: Use "public" and "public" to access documents in Laserfiche.]
2. Do State Shoreline Rules reference the no-net-loss of shoreline ecological function for
aquaculture?
Yes, see WAC 173-26-241(3)(b):
Aquaculture.
(b)
(i) General provisions.
(A) Aquaculture is the culture or farming of fish, shellfish, or other aquatic plants
and animals. Aquaculture does not include the harvest of wild geoduck associated with the
state managed wildstock geoduck fishery.
This activity is of statewide interest. Properly managed, it can result in long-term
over short-term benefit and can protect the resources and ecology of the shoreline.
Aquaculture is dependent on the use of the water area and, when consistent with control of
all I
pollution and prevention of damage to the environment, is a preferred use of the water
area. Local government should consider local ecological conditions and provide limits and
conditions to assure appropriate compatible types of aquaculture for the local conditions as
necessary to assure no net loss of ecological functions. (emphasis added)
3. If state and federal agencies address geoduck aquaculture, does the County need to regulate
geoduck aquaculture?
Yes, the Shoreline Management Act (SMA) and implementing rules have different purposes that are
broader than geoduck aquaculture. Also, the State passed geoduck aquaculture rules that Shoreline
Master Programs must adhere to in 2011.
However, the County does recognize the benefits of streamlining requirements across different agencies
(e.g., Joint Aquatic Resources Permit Application, JARPA). Similarly, above the submittal matrix for
aquaculture (Table 1 8.25.440) the draft code would indicate:
To minimize redundancy, the county shall accept supporting permit applications and
studies required by state and federal agencies that fulfill one or more of the requirements
in subsections (a) through (e).
4. Does the Priority Aquatic Shoreline Environment Designation (SED) refer to commercial shellfish
or to habitat for shellfish?
State rules address Aquatic designations and several jurisdictions have more than one type of Aquatic
designation like Aquatic and Priority Aquatic to differentiate shoreline conditions.
The designation descriptions in Jefferson County's SMP are:
■ Priority Aquatic: The priority aquatic designation protects to the highest degree possible and, where
feasible, restores waters and their underlying bedlands deemed vital for salmon and shellfish.
....These shorelines have one or more of the following qualities:
(A) Documented Endangered Species Act-listed salmonid streams and marine habitats (summer
chum, chinook, and steelhead);
(B) Estuaries that support Endangered Species Act-listed salmonid rearing;
(C) Other freshwater shorelines that provide habitat for salmonid species (coho, fall chum,
pink, and cutthroat) and are relatively undeveloped;
(D) Intact drift cell processes (i.e., sediment source, transport, and deposition);
(E) Documented forage fish spawning habitats (herring, surf smelt, sandlance); and/or
(F) Important intertidal and subtidal shellfish areas (clam, oyster, crab, shrimp, and geoduck).
• Aquatic: The aquatic designation protects, manages, and, where feasible, restores lake, stream, and
marine waters and their underlying bedlands that are not designated as priority aquatic.
Regardless of aquatic type, the State rules consider the following management principles (WAC 173-26-
21 1 (5)(c)) for the Aquatic designation reflecting both protection of habitats and addressing shoreline
preferred uses:
® (E) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats
should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and
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then only when their impacts are mitigated according to the sequence described in WAC 173-26-
201 (2)(e) as necessary to assure no net loss of ecological functions.
■ (F) Shoreline uses and modifications should be designed and managed to prevent degradation of
water quality and alteration of natural hydrographic conditions.
• (G) Local governments should reserve shoreline space for shoreline preferred uses. Such planning
should consider upland and in-water uses, water quality, navigation, presence of aquatic vegetation,
existing shellfish protection districts and critical habitats, aesthetics, public access and views.
S. What is the share of shoreline environments by designation?
The graph below shares the extent of Shoreline Environment Designations upland of the ordinary high
water mark (OHWM). The most extensive upland Shoreline Designation is Conservancy followed by
Natural. Shoreline Residential and High Intensity are applied to fewer acres in the shoreline jurisdiction.
Upland Shoreline Designations
5%
14% Conservancy
1% ■High Intensity
■Natural
Shoreline Residential (SR
80%
Source: Jefferson County GIS, BERK 2023
The graph below shows the extent of Shoreline Environment Designations waterward of the ordinary high
water mark. The Aquatic designation is more prevalent than the Priority Aquatic designation.
Aquatic Shoreline Designations
42% •Aquatic
58% ■Priority Aquatic
:i11 February 1, 2024 Jefferson County BoCC Meeting February 5, 2024 I
� II
b. Could the County set criteria for Discretionary versus Standard Conditional Use Permits tailored
to geoduck aquaculture?
Yes, see Exhibit 1 below. Attachment A provides an alternative approach to Conditional Use Permit (CUP)
types for geoduck aquaculture for each option below. Attachment B compares permit types, aesthetic
standards, and approach to plastics and debris in adjacent County SMPs.
Exhibit 1. Geoduck Aquaculture Conditional Use Permit Approach Options
Options for Geoduck Aquaculture BoCC Direction
1. Planning Commission Recommendation: Standard CUP for Priority Aquatic or Aquatic (New)
or Natural designations and otherwise Discretionary CUP.This is a mix of standard and
discretionary CUPs for new,conversion,or expansions depending on shoreline environment
designation.
2. Same as #1 EXCEPT treat expansions like new geoduck operations. (This was a Planning
Commission considered option.)
3.Modify #1 to change Standard and Discretionary CUP in use matrix.
A.Modify CUP on use table/text to make a Standard CUP where Aquatic or Priority Aquatic
designations abut Shoreline Residential,Conservancy, or Natural Shoreline Designations.That
would only leave shoreline reaches with Aquatic or Priority Aquatic abutting High Intensity as
having a Discretionary CUP.
B.Modify CUP on use table/text to make a Standard CUP where Aquatic or Priority Aquatic
designations abut Shoreline Residential or Natural Shoreline Environment Designations.
4. Set Standard Conditional Use Permit process threshold criteria for geoduck aquaculture:
• Any new geoduck operation in any Shoreline Environment Designation.
• Any conversion or expansion in Priority Aquatic and Natural, and any conversion or
expansion abutting Natural or Shoreline Residential Shoreline Environment Designations.
• In the Aquatic Shoreline Environment Designation, when the expansion or conversion would
exceed 25% (current aquaculture threshold) or X acres in any 10-year period.
5.Treat all geoduck aquaculture with standard CUP. (This was a Planning Commission
considered option.)
7. Does the SMP require compliance with other permits?
JCC 1 8.25.070 (Relationship to other plans and regulations) includes the following provisions that require
compliance with other local, state and federal laws. Compliance with laws and regulations encompasses
compliance with any permits or approvals that are required by those laws and regulations.
(1) Uses and developments regulated by this program may also be subject to other provisions of the
JCC, the Jefferson County Comprehensive Plan, the Washington State Environmental Policy Act
(Chapter 43.21 C RCW and Chapter 197-1 1 WAC), and other local, state and federal laws.
(2) Project proponents are responsible for complying with all applicable laws prior to commencing
any use, development or activity.
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8. Do no net loss requirements apply to aquaculture in Jefferson County's SMP, and how is that
implemented?
It is clearly established in the SMP that "no net loss of ecological functions" requirements apply to all uses
and developments in shoreline jurisdiction. For example, JCC 1 8.25.270(2)(a) states that:
"All shoreline use and development, including preferred uses and uses that are exempt from permit
requirements, shall be located, designed, constructed, conducted, and maintained in a manner that
maintains shoreline ecological processes and functions."
Within the aquaculture regulations, there is a specific reference to "no net loss" in two places: 1) in a
provision stating that geoduck CUPs need to be conditioned to "achieve no net loss of ecological
functions," and 2) in the general application requirements list stating that all aquaculture submittals need
to include "Measures to address impacts to achieve no net loss of ecological functions." There are also a
number of provisions that require that adverse effects to ecological functions be avoided. For example:
(i) Subtidal, intertidal, floating, and upland structures and apparatus associated with aquaculture use
shall be located, designed and maintained to avoid adverse effects on ecological functions and
processes.
(ii) The county shall consider the location of proposed aquaculture facilities/farms to prevent adverse
cumulative effects on ecological functions and processes and adjoining land uses. The county shall
determine what constitutes acceptable placement and concentration of commercial aquaculture in
consultation with state and federal agencies and tribes based on the specific characteristics of the
waterbody, reach, drift cell, and uplands in the vicinity of the farm/facility.
Geoduck CUPs are also required to include "monitoring and reporting requirements necessary to verify
that geoduck aquaculture operations are in compliance with conditions set forth in the CUP." If required
monitoring and reporting is not conducted, or if the monitoring indicates that certain performance
standards or conditions are not being met (such as a requirement for achievement of no net loss of
ecological functions, for example), that could be cause for a potential rescission or modification of the
permit by a hearing examiner under JCC 1 8.25.780.
9. Potential Adjustments to the Expansion Timeframe Language
In communications on January 23 and 24, 2024, Ms. Marilyn Showalter alerted County staff and the
Board of County Commissioners to an inadvertent omission of the original text underlined below during
regulation amendments that occurred during Planning Commission review in summer 2021, preceding the
delivery of the revised SMP to Ecology in October:
JCC 18.25.440(4)(b)(i) The physical extent of the facility or farm is expanded by more than 25
percent or more than 25 percent of the facility/farm changes operational/cultivation methods
compared to the conditions that existed as of the effective date of this program or any amendment
thereto. If the amount of expansion or change in cultivation method exceeds 25 percent in any 10-
year period, the entire operation shall be considered new aquaculture and shall be subject to
applicable permit requirements of this section; or
The initial step that ultimately resulted in the loss of the underlined text was provided in potential
amendments presented to the Planning Commission at its July 7, 2021, meeting (presentation slide image
shown below). The slide shows that the operation/cultivation method change element was split from the
expansion element so there were two discrete paragraphs, and then additional clarification of the
111 February 1, 2024 Jefferson County I BoCC Meeting February 5, 2024 I 5
expansion parameters was added in response to staff interpretations. The "compared to the conditions
that existed as of the effective date of this program or any amendment thereto" was carried into that
second operation/cultivation methods paragraph, but was unfortunately not also kept with the expansion
text. Later, the cultivation/methods language was struck altogether as a reason for triggering a new
permit since JCC 18.25.440(4)(c) addresses circumstances when changes to uses/activities would trigger
a new permit.
Aquaculture — Options 1 and 2
Text
(4)Regulations—General.
(b)Ongoing maintenance, harvest,replanting,restocking of or changing the species cultivated in any existing
or permitted aquaculture operation is not considered new use/development,and shall not require a new
permit,unless or until:
(i) For non-geoduck aquaculture, the physical extent of the facility or farm is expanded by more than
25 percent.If the amount of expansion exceeds 25 percent in any 10-year period,the entire operation
shall be considered new aquaculture and shall be subject to applicable permit requirements of this
section.This calculation of 25%expansion applies to both in-water and above OHWM development.
Any expansions of existing geoduck aquaculture operations require a permit for the expanded area if
the existing operation is already permitted or for the entire operation if not already permitted;or
(ii)ai-c More than 25 percent of the facility/farm changes operational/cultivation methods compared
to the conditions that existed as of the effective date of this program or any amendment thereto. If
the amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period,
the entire operation shall be considered new aquaculture and shall be subject to applicable permit
requirements of this section.This calculation of 25%expansion applies to both in water and above
or
9
Two options are presented below for Board consideration.
Exhibit 2. Options for Non-Geoduck Aquaculture Expansion Time Reference
Options BoCC Direction
1. Restore the omitted language.
(i) For non-geoduck aquaculture,the physical extent of the facility or farm is
expanded by more than 25 percent compared to the conditions that existed as of the
effective date of this program or any amendment thereto. If the amount of expansion
exceeds 25 percent in any 10-year period,the entire operation shall be considered
new aquaculture and shall be subject to applicable permit requirements of this
section.
1 February 1, 2024 Jefferson County BoCC Meeting February 5, 2024 I 6
Options BoCC Direction
This change would effectively re-start the timeline for comparison of original and expanded
acres to the date of this amendment.Any expansions that happened since 2014 would be
part of the existing condition against which the expansion would be measured.
2. Fix the time of comparison to the 2014 update during which this language was originally
added,or to date of County permit issuance if the operation did not exist in 2014.
(i) For non-geoduck aquaculture,the physical extent of the facility or farm is
expanded by more than 25 percent compared to the conditions that existed as of
February 21, 2014,or the date of County permit approval if the operation did not
exist as of February 21, 2014. If the amount of expansion exceeds 25 percent in any
10-year period,the entire operation shall be considered new aquaculture and shall
be subject to applicable permit requirements of this section.
This change would effectively fix the timeline for comparison of original and expanded acres
to the date of the last major update of the aquaculture regulations which first introduced this
language. Any expansions that happened since 2014 (or the date of the County's first
approval) would be considered part of the calculated 25% limit against which any additional
expansion would be measured.
10.Best Management Practices
While the term "best management practices" (BMPs) is not currently found in the Aquaculture regulations,
many of the regulations that apply to one or more types of aquaculture effectively require the use of
BMPs to implement the activity in a manner that avoids and minimizes adverse effects on a number of
factors, such as water quality, aesthetics, and aquatic vegetation, or by a number of factors, such as
equipment, waste, and lights. See JCC 18.25.440(4)(e) and (5) for examples.
For geoduck aquaculture, the County is also required to further condition the project as needed to
address potential operations impacts— any conditions would essentially be adding specific BMPs to the
permit.
JCC 18.25.440(6)(v) The county shall review the considerations listed in WAC 173-26-
241(3)(b)(iv)(L)(I)-(XII) during development of permit conditions necessary to avoid or limit impacts
from geoduck aquaculture siting and operations and to achieve no net loss of ecological functions.
The listed considerations are regarding impervious materials, motorized vehicles, time periods for
limited activities, site alterations, property corner markers, mitigation measures, predator exclusion
devices, turbidity minimization, use of barges/vessels, navigation rights, housekeeping practices, and
public access.
Finally, in the application requirements section, all aquaculture submittals must include "Anticipated levels
of management practices to minimize the impacts from mooring, parking, noise, light, littler and odor."
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Exhibit 3. Options for BMPs
Options BoCC Direction
1. Rely on provisions in the existing draft SMP.
2. Add a specific regulation that requires all aquaculture operations to comply with their
industry's and regulating agencies' most current BMPs to the extent relevant and practicable.
The Pacific Coast Shellfish Growers Association (PCSGA),for example,has an Environmental
Code of Practices that is available to members.The Washington Department of Natural
Resources (DNR) also has a list of BMPs for geoduck aquaculture that is conducted on state-
owned aquatic lands.
1 1.Derelict Gear Management
There are several regulations in the existing draft SMP that directly or indirectly address management of
derelict gear and other aquaculture-related equipment and debris. Two of the key regulations are in
JCC 18.25.440(4)(e):
(xvi) Equipment, structures and materials shall not be discarded in the water and shall not be
abandoned in the upland. Aquaculture structures and equipment used on tidelands below ordinary
high water shall be of sound construction, with the owners' identifying marks where feasible, and shall
be so maintained. Abandoned or unsafe structures and/or equipment shall be promptly removed or
repaired by the owner.
(xvii) No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture
operation, except for in proper receptacles.
There are also several provisions under (4)(e)(xii) that specifically target management of predator
control/exclusion devices, requiring they be firmly attached or secured so they do not become dislodged,
that any dislodged devices be promptly recovered, and that devices be permanently removed when no
longer needed.
Exhibit 4. Options for Derelict Gear/Debris
Options BoCC Direction
1. Rely on provisions in the existing draft SMP.
2. Add a specific regulation to the application requirements that is similar to the following
provision included in Clallam County's SMP:
"How prevention of marine debris accumulation will be addressed and what site
operational management practices will be implemented including worker training and
regular removal of equipment,tools,extra materials, and all wastes;"
1 2.What definitions in the SMP (JCC 18.25) may need adjustment to reconcile with definitions in the
Uniform Development Code (JCC 18.10)?
See matrix under separate cover. Only changes to JCC 1 8.25 are under consideration at this time. The
disposition of other potential changes under JCC 1 8. 10 could occur in a future docket.
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Attachment A: Geoduck Aquaculture — Criteria for Standard CUP
1. Planning Commission Recommendation: Standard CUP for Priority Aquatic or Aquatic (New) or
Natural designations and otherwise Discretionary CUP. This is a mix of standard and discretionary
CUPs for new, conversion, or expansions depending on shoreline environment designation.
Environment Designations
Waterward of Landward of OHWM
OHWM
Priority Aquatic Natural Conservancy Shoreline High
Shoreline Uses Aquatic Residential Intensity
Aquaculture:
Aquaculture activities other than P P P P P P
geoduck, in-water finfish, and
upland finfish.
Geoduck -new C* C* C* C(d)* C(d)* C(d)*
Geoduck - expansion or C* C(d)* C* C(d)* C(d)* C(d)*
conversion from non-geoduck to
geoduck
* = Exceptions and limitations may apply as noted in this program. See specific section for details.
2. Same as #1 EXCEPT treat expansions like new geoduck operations. (was a Planning Commission
considered option)
Environment Designations
Waterward of Landward of OHWM
OHWM
Priority Shore
Shoreline Uses Aquatic High
Aquatic Natural Conservancy Res delntial Intensity
Aquaculture:
Aquaculture activities other than P P P P P P
geoduck, in-water finfish, and
upland finfish.
Geoduck -new or expansion C* C* C* C(d)* C(d)* C(d)*
Geoduck - cxpansion or C* C(d)* C* C(d)* C(d)* C(d)*
conversion from non-geoduck to
geoduck
* = Exceptions and limitations may apply as noted in this program. See specific section for details.
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3. Modify#1 to change Standard and Discretionary CUP in use matrix.
A.Modify CUP on use table/text to make a Standard CUP where Aquatic or Priority Aquatic designations abut
Shoreline Residential,Conservancy,or Natural Shoreline Designations. That would only leave shoreline reaches with
Aquatic or Priority Aquatic abutting High Intensity as having a Discretionary CUP.
Environment Designations
Waterward of Landward of OHWM
OHWM
Priority Shorene
Shoreline Uses Aquatic Aquatic Natural Conservancy Res delnt al In e'nsity
Aquaculture:
Aquaculture activities other than P P P P P P
geoduck, in-water finfish, and
upland finfish.
Geoduck -new C* C* C* C(d)* C(d)* C(d)*
Geoduck - expansion or conversion C* C(d)* C* C(d)* C(d)* C(d)*
from non-geoduck to geoduck
* = Exceptions and limitations may apply as noted in this program. See specific section for details.
Table3A looks like Option 1 but text edits in JCC 1 8.25.440 Aquaculture would indicate that where
Aquatic or Priority Aquatic designations abut Shoreline Residential, Conservancy, or Natural Shoreline
Designations a standard CUP applies.
B.Modify CUP on use table/text to make a Standard CUP where Aquatic or Priority Aquatic designations
abut Shoreline Residential or Natural Shoreline Environment Designations.
Environment Designations
Waterward of Landward of OHWM
OHWM
Priority Aquatic Natural Conservancy Shoreline High
Shoreline Uses Aquatic Residential Intensity
Aquaculture:
Aquaculture activities other than P P P P P P
geoduck, in-water finfish, and
upland finfish.
Geoduck -new C* C* C* C(d)* C(d)* C(d)*
Geoduck - expansion or conversion C* C(d)* C* C(d)* C(d)* C(d)*
from non-geoduck to geoduck
* = Exceptions and limitations may apply as noted in this program. See specific section for details.
:i,) February 1, 2024 Jefferson County I BoCC Meeting February 5, 2024 I 10
Table 3B looks like Option 1, but text edits in JCC 1 8.25.440 Aquaculture would indicate that where
Aquatic or Priority Aquatic designations abut Shoreline Residential or Natural Shoreline Environment
Designations a standard CUP applies.
4. Set Standard Conditional Use Permit process threshold criteria for geoduck aquaculture:
Any new geoduck operation in any Shoreline Environment Designation.
Any conversion or expansion in Priority Aquatic and Natural,and any conversion or expansion abutting Natural or
Shoreline Residential Shoreline Environment Designations.
In the Aquatic Shoreline Environment Designation, when the expansion or conversion would exceed 25% (current
aquaculture threshold) or X acres in any 10-year period.
Environment Designations
Waterward of Landward of OHWM
OHWM
Priority Shoreline High
Aquatic Natural Conservancy
Shoreline Uses Aquatic Residential Intensity
Aquaculture:
Aquaculture activities other than P P P P P P
geoduck, in-water finfish, and
upland finfish.
Geoduck -new C* C* C* C(d)* C(d)* C(d)*
Geoduck - expansion or C* C(d)* C* C(d)* C(d)* C(d)*
conversion from non-geoduck to
geoduck
* = Exceptions and limitations may apply as noted in this program. See specific section for details.
Table 4 looks like Option 1, but text edits in JCC 1 8.25.440 Aquaculture would indicate that where
Aquatic or Priority Aquatic designations abut Shoreline Residential or Natural Shoreline Environment
Designations a standard CUP applies. Also, in the Aquatic Shoreline Environment Designation, when the
expansion or conversion would exceed 25% (current aquaculture threshold) or X acres in any 1 0-year
period.
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5. Treat all geoduck aquaculture with standard CUP. (was a Planning Commission considered option)
Environment Designations
Waterward of Landward of OHWM
OHWM
Priority Shne
Shoreline Uses Aquatic Aquatic Natural Conservancy es delnt al Intensity
Aquaculture:
Aquaculture activities other than P P P P P P
geoduck, in-water finfish, and
upland finfish.
Geoduck -new C C C C C C
Geoduck - expansion or C C C C C C
conversion from non-geoduck to
geoduck i
* = Exceptions and limitations may apply as noted in this program. See specific section for details.
:III February 1, 2024 Jefferson County I BoCC Meeting February 5, 2024 I 12
Attachment B: Example Shoreline Regulations for Geoduck Aquaculture
Kitsap County SMP
• All geoduck (new and conversion) is Conditional Use Permit. No discussion of expansion. CUP
requires a hearing. County also has an administrative CUP, but it is only applied to shoreline
stabilization.
• Regarding aesthetics:
KCC 22.600.1 15.B.2.k: Application requirements include "Visual assessment, including photo
analysis/simulation of the proposed activity demonstrating visual impacts within one thousand five
hundred feet of the proposed project site. Where predator exclusion devices are proposed, the
assessment shall include an analysis of visual impacts of proposed predator exclusion devices at
mean high and mean low tides."
• Regarding NNL:
KCC 22.600.1 15.B.3.1: Application requirements include operational plan that contains "Other
measures to achieve no net loss of ecological functions consistent with the mitigation sequence
described in WAC 173-26-201(2)(e)."
• Regarding plastics/debris:
KCC 22.600.1 15.C.n: For all aquaculture, a number of provisions intended to avoid/limit
ecological and aesthetic impacts of predator exclusion devices
Clallam County SMP
• All geoduck (new and conversion) is Conditional Use Permit. No discussion of expansion. CUP
requires a hearing. There are no CUP sub-types.
• Regarding NNL:
CCC 35.15.080(7): The County shall require the applicant to provide baseline and periodic
surveys, assessments, and operational monitoring by a qualified professional to determine the
magnitude of any adverse impacts. Conditional use permits shall include specific performance
measures and provisions for adjustment or termination of the project if monitoring indicates
adverse environmental impacts that cannot be adequately mitigated. The County may rely on
documentation submitted by an aquaculture operator to federal or State agencies to satisfy any
monitoring or reporting requirements.
CCC 35.15.100(5)(o): geoduck application to include "Proposed mitigation measures to achieve
no net loss of ecological functions consistent with Chapter 35.40 CCC, Mitigation and No Net
Loss."
CCC 35.15.1 00(6) is a list of expanded application requirements for any aquaculture to support
cumulative impacts analysis if project is complex (multispecies, on shorelines of statewide
significance, have potential to harm habitat/recreation/views/aesthetics, located in low-energy
shorelines, adjacent to existing aquaculture, etc.)
• Regarding aesthetics:
CCC 35.15.1 00(2): Prior to approving a permit for a new aquaculture use or development, the
Administrator shall require a visual analysis prepared by the applicant/proponent describing
:ill February 1, 2024 Jefferson County BoCC Meeting February 5, 2024 I 13
effects on nearby uses and aesthetic qualities and visual aesthetics of the shoreline. The analysis
shall include any proposed mitigation related to visual and character of area effects.
• Regarding plastics/debris:
CCC 35.15.100(5)(m): geoduck application to include "How prevention of marine debris
accumulation will be addressed and what site operational management practices will be
implemented including worker training and regular removal of equipment, tools, extra materials,
and all wastes;"
Mason County SMP
• New geoduck requires CUP. Conversions do not require CUP. No discussion of expansion. CUP
requires a hearing. There are no CUP sub-types.
• Regarding aesthetics:
MCC SMP contains stand-alone policy section (MCC 17.50.145) for Views and Aesthetics,
including this WAC language: "Where there is an irreconcilable conflict between water-
dependent shoreline uses or physical public access and maintenance of views from adjacent
properties, the water-dependent uses and physical public access shall have priority, unless there is
a compelling reason to the contrary."
• Regarding NNL:
MCC 17.50.210.B.3.g.iii: Application requirements include "Measures to achieve no net loss of
ecological functions consistent with the mitigation sequence described in 17.50.1 10."
MCC 17.50.210.B.3.1: "Conditional Use Permits shall include monitoring and reporting
requirements necessary to verify that geoduck aquaculture operations are in compliance with
permit limits and conditions set forth in Conditional Use Permits and to support cumulative impacts
analysis. The County shall consider the reporting and monitoring conditions of other permitting
agencies, if available, before adding additional conditions to a permit."
MCC 17.50.21 0.B.3.m: For geoduck, a number of provisions intended to be considered during
permit condition development related to avoid/limit ecological impacts and achieve NNL
• Regarding plastics/debris:
Nothing unique —standard language about removing predator exclusion devices as soon as they
are not needed, good housekeeping.
:I11 February 1, 2024 Jefferson County BoCC Meeting February 5, 2024 I 14
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